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HomeMy WebLinkAboutReel 26 (7/01/1963 - 10/12/64)1 COUNCIL, REGULAR MEETING, ;{onduy, July 1, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, July 1, 1963, at 7:30 p.m** mith Mayor Rtoller presiding. PRESENT: Councilmen Benton O. Dillard, Robert A. Garland, James E. Jones, Roy R. Pollard, Sr.0 Vincent S. Rheeler and Mayor Rurruy A. Stoller ............... 6. ABSENT: Councilman Walter L. Young .....................................1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. James N. Rlncanon, Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. Ir~vocATION: The meeting was opened t~ith a prayer by the Reverend J. A. Allison, Jr., Pastor, Raleigh Court presbyterian Church. MINISTER: Copy Of the minutes of the regular meeting held on Monday, June 24, 1963, having been furnished each member of Couocll, 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: TRAFFIC: ~lr. eilliam A. tlouse, representing the Promotion Committee of Downtown Roanoke, Incorporated, appeared before Council and requested that visitors to the downtown area be allowed to park automobiles at parkin9 meter locations free of charge On July 13, 1963, in connection with Roanoke Valley Sale Days. In a disucssion of the matter, Mr. Douse estimated that the city would not lose more than $250 in revenue by allowing free use of the parking meters for this day, t~hlch loss, in his opinion, would be more than offset by the public relations aspect of the promotion. In a further discussion of the matter, Mr. Pollard voiced the opinion that downtown parking lot operators should have been consulted before such a request was made; Mr. Garland expressed the opinion that there would he more of a turn over of customers to the benefit of the merchants if parking meter laws are enforced: Mr. Dillard declared that people who work downtown would occupy the free parking spaces all day and defeat the purpose of eliminating parking meter charges for that d~y; and Mayor Stoller stated he would like to see the experiment carried out. Mr. Dillard moved that the request be respectfully denied. The motion was seconded by Mr. Wheeler and adopted, Mr. Pollard not voting and Mayor Stoller voting no. PARKS AND PLAYGROUNDS: Mr. Claude T. Tayloe, Jr., appeared before Council with a group of residents of the Fallon Park area, Mr. Tayloe stating that there are no toilet facilities on the Wise Arenue side Of the park, there are no sidewalks on the Eighteenth Street side, there are two wooded areas which have not been cleared up, and, in his opinion, the rock quarry in the park is hazardous, Mr. Tayloe 2 requesting that a 40-foot street be constructed through the park, that playground equipment be installed on the Mise Avenue side, that a parkin9 area be es%ablSahed on the ~ise Avenue side, that more trees and shrubbery be planted, that the tennis court be repaired and lights returned, that lights be installed throughout the park, and that a golf area for driving amd putting be installed in the lower section of the park. Mr. Dillard moved that the mutter of making improvements to Fullon Park be referred to a committee composed of Messrs. Benton O. Dillard, Chairman, ~alter L. Young, Murray A, Stollero Arthur S. Omens and Rex T. Mitchell, Jr., for study, report and recommendation to Council. The motion was seconded by Mr. Mheeler and unanimously adopted. Mr. Pollard then moved that the City Manager be directed to ~nvestigate the condition of the rock quarry in Failon Park for the purpose of ascertaining mhether or not it constitutes a hazard. The motion was seconded by Mr. Jones and unanimousl adopted. pETITIONS AND COMMUNICATIONS: PURCHASE OF pROPERTY-PARKS AND pLAYGROUNDS: A communication from Mr. Phil R. Hylton. President, Mestwood-Wilmont Farms Civic League, transmitting petitions signed by 324 residents of the area, requesting that the city purchase a tract of land located between Mulberry Street and Miller Street, N.W., at the corporate limits, Official Tax No. 2?20104, for future psrk purposes, ~a$ before Covucil. In this connection, Mr. Hylton appeared before Council and pointed out that the residents Of the area are willing to help develop the land for park purposes and to assist in supplying necessary equipment for a playground in the event the city acquires the tract of land. Mr. Melvin H. Grant and Mrs, W. F. Jennings residents of the Signol Bill section, pointed out that their urea is also interested in the acquisition of the tract of land for park purposes. After a discussion of the matter, Mr. Jones pointing out that since such a park would also serve residents of the Cherr~hill section in Roanoke County perhaps the Countl would be interested in participating in the dereloping of a park for the area, Mr. Wheeler moved that the question of acquiring the tract of land be referred] to a committee composed of Messrs. Benton O. Dillard, Chairman, Malter L. Young, Murray A. Stoller, Arthur S. Owens, and Rex T. Mitchell, Jr., for study, report and recommendation to Council. The motion was seconded by Mr. Pollard and Council. REPORTS OF OFFIUERS: STREET LIGHTS: The City Manager submitted a written report, recommending that a street light be installed at the corner of Yeager Avenue a~i Twenty-third Street, N. E. Mr, Garland moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~lS2gO) A RESOLUTION authorizing the installation of One 2500 lumen overhead incandescent street light at the corner Of Yeager Avenue and Twenty-third Street, N. E. {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. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stoller ........................................ NAYS: None ..........................O. (Mr. Young absent) BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a ~ritten report, advising that an additional ~099 in gifts for use in connection with the develop- ment of the Roanoke Transportation Center and Railroad Museum has been paid into the City Treasury and recommending that $~99 be appropriated toT~nsportatlon Museum under Section =170, "Capital." of the 1963 budget, to coverthese donations. Mr. Pollard moved that Council co,cur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15291) AN ORDINANCE to amend and reordain Section ~1700 "Capital," of the 1963 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. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones. Pollard, Wheeler and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Young absent) PARKS AN~ PLAYGROUNDS-STATE HIGHWAYS: Yhe City Manager submitted a ~rftten report, requesting that Council authorize him to file an application ~ith the Dousing and Home Finance Agency for a grant estimated at $90,000 to be used in the acquisition of open-space land in connection with the Mill Mountain, Chestnut Ridge and Yellow Mountain Recreational Area in accordance ~ith Plan No. dO01 on file in the office of the City Engineer. After a discussion of the matter, the City Manager pointing out that if the city can get Roanoke County to agree to make this ar~ a part of its park program it is possible for the city to obtain a grant of up to 30% of the purchase cost, Mr. Wheeler moved that Council concur in the request of the City Manager and offered the following emergency Ordinance: (~15292) AN ORDINANCE authorizing the City Mnnnger to file the requisite application with the proper department of the Federal 6overneeut for a grant of funds to be used ia the acquisition of open-space laud in connection with the Mill Mountain, Chestnut Ridge and Yellow Mountain Recreational Area; and providing for an emergency. (For full text of Ordinance, see Ordinance Dock No. 25, page 202.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrso Dillard, Carlaod, Jones, Pollard, Mheeler and Mayor Stoller ......................................... NAYS: None ..........................O. (Mr. Young absent) STREETS AND ALLEYS: Council having referred a request of Hr. C. F, Kefauver, et al., that a certain 12-foot alley running through Block 39, Nest End and Rlvervie~. from Twentieth Street to Twenty-first Street, $. N., parallel to Rorer Avenue and Salem Avenue, be vacated, discontinued and closed, to the City Planning Commission for study, report and recommendation, the City Planning Commission submitted a ~ritten report, recommending that the request be granted. Council having also appointed viemers in connection with the application, the viewers submitted a ~ritten report, advising that they have viewed the alley and adjacent neighborhoods and are unanimously of the opinion that no inconvenience ~ould result, either to any individual or to the public, from vacating, discontinu- ing and closing the same. Mr. Wheeler moved that a public hearing on the matter be held at p.m., August S, 1963. The motion ~as seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: PARKS AND pLAYCROUN~5-GAROACE REMOVAL: The committee composed of Messrs.: Vincent 5. Wheeler, Chairman, Roy R. Pollard, Sr,, and Benton O. Dillard, appointed to make a study of improving refuse collection and incineration and the papercan experiment, submitted a written report, together with a report of the West Virginia Pulp and Paper Company containing detailed data on the results of the trial of the papercan system of refuse collection in Roanoke, voicing the opinion that the trial has been imminently successful, Mr. Wheeler advising that he would like for Council to view a film on the experiment in Roanoke at its next regular meeting. Mr. Dillard moved that Council view the film on the experiment with the papercan system of refuse collection at its next regular meeting. The motion was seconded by Mr. Garland and unanimously adopted. SEWERS AND STORM DRAINS: Council having adopted Resolution No. 15212 on April 29, 1963, establishing a policy that the city would receive county sewage only at points on the main city sewage plant interceptor lines, a committee composed of Messrs. Walter L. Young, Chairman, Roy L. Webber, Arthur S. Owens and Randolph G. Whittle submitted a written report, advising that on June 28, 1963, the Board of Supervisors of Roanoke County adopted a Resolution agreeing to construct, at its expense, a relief interceptor sewer parallel to the city*s Mud Lick Creek sanitary sewer wain in stages and sizes as deemed necessary and expedient by the Director of Public Morks of the City of Roanoke and requesting the Council of the City of Roanoke to rescind Resolution No. IS212 Insofar as it refers to the Mud Lick Creek Interceptor Line in order that the county way be able to proceed freely with the planned sewer construction program, the committee recommending that the request of Roanoke County be granted. Mr°Wheeler moved that Council concur in the recommendation of the committee and offered the following Resolution: (~15293) A RESOLUTION rescindifl9 Resolution No. 15212 to such extent only as ~ill enable the County of Roanoke to connect with the City*s Rad Lick Creek sanitary sewer main at such points thereon as the Director of Public Works of this City may approve. (For full text of Resolution. see Resolution Book No. 26. page 203.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by RFp Jones and adopted by the following vote: Stoller ................................. 6. NAYS: None ...................O. (Mr. Young absent) INSURANCE: Council having referred to a committee composed of Messrs. James E. Jones, Chairman, Robert A. Garland and Rurray A. Stoller, for reply, a communication from the State Corporation Commission, acknowledging receipt of Resolution No. 15165, adopted on March 25° 1963, expressing the disapproval of the Council of the City of Roanoke of the recent decision of the State Corporation Commission in approving increases in the basic rates for certain automobile liability insurance coverage, and advising that the State Corporation Commission will greatly appreciate it if Council will furnish the Commission with whatever information the body had before it to enable it to reach the conclusion that the rates prior to the increase were sufficiently high, the committee submitted a written report, together which covers the accident recorded experience for vehicles operated by the city for the past five years substantiating the contention contained in Resolution No. 15165, the committee advising it is of the opinion that this outstanding record, along with an excellent accident prevention program in effect in Roanoke, as evidenced by the report, does not justify the increase in insurance rates. Mr. Jones moved that Council concur in the report of the committee and approve the draft of the letter in order that same might be forwarded to the State Corporation Commission. The motion was seconded by Mr. Dillard 'and unanimously adopted. FIRE DEPARTMENT: The committee appointed to confer with Mr. Alba K. Simmons, Architect, as to bringin9 the plans for a proposed fire station in the Garden City area, as well as the estimated cost thereof, up to date. submitted the following report: 5 6 ~Jnan 27, 1963 Roanoke City Council Roanoke. Virginia Dear Sirs: Pursuant to motion dated January 20, 1963, instructing the undersigned committee to confer Mith Mr. A. Ko Simmons, Architect, in regard to bringing the plans for a rife station In the Garden City area up to date and making recommendations to Council, your committee reports as follows: (1) A copy of the revised plans rot the construction of a fire station is hereby attached to this report. (2) After serious consideration, your committee recommends that in the event a fire station is constructed in the Garden City area. that it be built on the City property hnown as Muse Springs property, at the corner of Benniflgton Road, Riverdale Road and Mount Pleasant Boulevard. S.E. A drawing is hereto attached and made a part of this report. (3) Your committee recommends that a fire house be constructed on the property above referred to as soon as Council has funds available, which estimated costs of the turn key job viii not exceed the sum of $$0,000.00. Respectfully submitted, S! James Ev Jones , James E. Jones Walter L. Young S! Benton O, Dillard Benton O. Dillard, Chairman" la a discussion of the report, Ur. Dillard explained that the committee has not submitted its report until now because it was anxious to find the proper site for the proposed fire station and asked Mr. S. W. Yaughan, Chief of the Fire Department, to outline reasons as to why the recommended site would be preferable. Mr. Charles N. Hancock. President of the Garden City Civic League, who was present at the meeting, examined the revised plans submitted by the committee and advised that they are in accordance with what the residents of the Garden City area want in a fire station. Ur. C. ~. Stanley protested that the recommended site for the fire station is not actually in the Garden City area and stated that he would prefer to see the fire station erected on the site on Garden City Bnulerard, S. £., as originally proposed. Mr. R. W. Dawson urged that the fire station be completed for occupancy by January 1, 1964. After a further discussion of the matter. Mr. Pollard moved that Council concur in the recommendations of the committee, approve the revised plans for the fire station, authorize the architect to proceed with the preparation of detailed plans and specifications and direct the City Manager to advertise for bids on the project. The =orion was seconded by Mr. Mbeeler and unanimously adopted. Mr. Dillard then offered the folloaing emergency Ordinance appropriating $3,000 for preliminary expenses in connection with the project: (g15294) AN ORDINANCE to amend and reordain Section #170. "Capital." of the 1963 Appropriation Ordinance, and providing for an emeroency. (F, troll text of Ordinance, see Ordinance Book No. 26, page 284.) Hr.Dillard n,red the adoption of the Ordinance. The motion was seconded by Hr. Mheeler and adopted by the follouln9 vote: AYES: #essrs. Dillard. Garland, Jones. Pollard, Wheeler and Mayor St,lief ................................. 6. NAYS: None ...................O. (Mr. Young absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTROOCCTION AND CONS1DERATXON OF ORDINANCES AND RESOLUTIONS: DUDGET-DEPARTMENT OF PUBLIC WELFARE: Ordinance No. i5276, increasing the maximum dally rate for hospitalization of indigent city patients from $26.29 to $27.32. effective July 1. 1963, having previously been before Council for its first 8 (s15285) AN ORDINANCE granting Lo C. Chappell an option to pnrchase, for and on behalf of a client, Official Tax No. 1551202. (For full text of Ordinance, See Ordinance Book No. 26° page 2?9°) Mr. Mheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the f,Il,ming vote: AYES: Messr$, Dillard, Garland, Jones, Pollard, Mheeler and Mayor St,lief .................................. NAYS: None ...................O. (Mr. Y,un9 absent) SALE OF PROPERTY-DEPARTMENT OF PUBLIC #ELFARE-SCHOOLS: Ordinance No. 15286, authorizing the sale of property on the east side of Fifth Street, N. north of Banover Avenue, Official Tax Nos. 2051401-2031404, inclusive, to Bainsboro Nursery School, Incorporated (formerly Northeast Nursery School Board), for $1,142.84, 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: (=15286) AN ORDINANCE authorizin9 the sale of four i.ts of real estate briefly described as Official Tax Nos. 2031401 to 2031404. both inclusive, unto Gainsboro Nursery School. Incorporated (formerly Northeast Nursery School Board), under certain conditions. (For full text of Ordinance, see Ordinance Book No. 26, page 280.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mheeler and Mayor Stoller .....5. NAYS: Mr. Dillard .................................................... (Mr. Young absent) PARRS AND PLAYGROBNDS: Council having directed the City Attorney to prepare the proper measure establishin9 an admission charge of $.10 to the Trans- portation Center and Railroad Museum, changing the name thereof to Transportation Museum, and granting permission for the installation of the *Bog Mouth* fountain in the museum, the City Attorney presented three Resolutions. Council being of the opinion that the name should be changed to Roanoke Transportation Museum, gr. Pollard offered the following Resolution: (:15295) A RESOLUTION changing the name of the Transportation Center : and Railroad Museum. (For full text of Resolution, see Resolution Book No. 26, page 284.) Mr. Pollard 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 St,lief .................................. 6. NAYS: None ...................O. (Mr. Y,un9 absent) Mr. Wheeler then offered the f,Il,wing Resolution imposing a general admission charge: (~15296) A RESOLUTION imposing a general adolsslon charge or ten ($,10) cents for entrance to the Roanoke Transportation Museum. (For full text of Resolution, see Resolution Rook No. 26, page 2fl5.) Mr. #heeler 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 lStoller ................................. 6. NAYS: None ...................O. (Mr. Young absent) With reference to the question of moving the *Do9 Mouth" fountain to the iTransportntion Maseum, the City Clerk brought to the attention of Council petitions signed by 530 merchants, farmers and citizens of the City of Roanoke, requesting that the "Dog Mouth" fountain be left where it is, that it be repainted and ornamented with a sign reading, "This Mater is Pure for drinking. Once you drink from the Dog Mouth you will return to Roanoke.' and that in the event there would be a land change in the City Market area the fountain be transferred to a permanent resting place. The City Clerk also presented communications from Mrs. E. M. Mullen and Mrs. Harry J. Itagan, Sr.. requesting that the fountain be left at the City Market. Mr. Dillard moved that the Resolution providing for the transfer of the "Dog Mouth' fountain to the Transportation Museum and the petitions and communica- tions be filed. The motion was seconded by Mr. Pollard and unanimously adopted. SEWERS AND STORM DRAINS-STAYE HIGHMAYS: Council having directed the City Attorney to prepare the proper measure authorizing certain changes in the sanitary sewer system in connection with that segment of the Interstate 501 Spur Project from Sycamore Avenue, No E., to a point in the vicinity of ~alker Avenue, N.E., at a net cost to the city of $3,304.21, he presented same; whereupon, Mr. Dillard offered the following Resolution: (MIS29?) A RESOLUTION authorizing and directing the City Manager and the .iCily Clerk to execute, for and on behalf of the City, an agreement dated the 25th ;iProject 0501-12~-070, G-~04, on file in the office of the City Clerk. (For full text of Resolution, see Resolution Book No. 26, page 205.) Mr. Dillard 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 and Mayor Stoller ........................................ NAYS: None ..........................O. (Mr. Young absent) Mr. Jones then offered the followin9 emergency Ordinance appropriating $3,304.21: 10 (#15298) AN ORDINANCE tO amend and reordoJn Section #142, 'Transfer !it* Improvement Fund,' of the 1963 Appropriation Ordinance, and providing for an !emergency. (For full text of Ordinance. see Ordinance Bock No. 26. page 206.) Hr. Jones 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 .................................. 6. NAYS: None ...................O. (Mr. Young absent) NATER DEPARTNENT: Council having directed the City Attorney to prepare the proper measure providing for the sale, in emergencies, of surplus water beyond the City limits on a temporary basis, he presented same; whereupon. Mr. Dillard offered the following emergency Ordinance: (n15299) AN ORDINANCE to amend Sec. S. 'Rules and regulations*, Chapter 1. 'Mater Department', Title III. *Water** of The Code of the City Of Roanoke, 19560 by adding a new rule thereto, said rule being Rule 30 (al and providing for the sale, in emergencies, of surplus water beyond the City limits on a temporary basis; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 26, page 206.l Mr. Dillard moved the adoption of the Ordinance. The motion Has seconded by ~r. Pollard and adopted by the. following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller .................................. NAYS: None ...................O. (Mr. Young absent) STREETS AND ALLEYS: Mr. Rheeler offered the following emergency Ordinance providing for the acquisition of five parcels of land for the widening of Salem Avenue, S. W., between First Street and Second Street, in a total amount of $1,566 more than heretofore authorized: (~15300) AN ORDINANCE amending, in part, certain provisions heretofore made in Ordinance No. 14697, providing for the acquisition of certain real estate wanted and needed by the City for the widening of Salem Avenue, S. W., between 1st and 2nd Streets, S. W., 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 Br. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Nheeler and Mayor Stoller ...... NAYS: None ............................................................O. (Mr. Pollard not voting and Mr. Young absent) Mr. Mheeler then offered the following emergency Ordinance appropriating .$1,566: (m15301) 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 269.) Hr. Mheeler moved the adoption of the Ordinance. The motion was seconded ~y Mr. Jones and adopted by the f,Il,ming vote: AYES: Messrs. Dillard, Garland. Jones. Wheeler and Mayor Stoller ...... NAYS: None ............................................................O. ii(Mr. Pollard not r,ting and Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: i[ WATER DEPARTMENT: Mr. Jones raised the question as to the status of improvements at Carvins Cove. ~! The City Manager verbally outlined the status of plans for development of Carvins Cove, pointing out that bids for toilet facilities at the Cove are scheduled to be Opened before Council at its next regular meeting. In this connection, Mr. S. Albert Trompeter pointed out that the toilet facilities will not be completed in time for use this season and urged that action on the matter be postponed until next spring shem other nearby recreational facilities will probably be in use so that Council will have a better and clearer picture as to the number of persons desirin9 to use Carvins Cove for recreational purposes. After a lengthy discussion of the matter, Mr. Wheeler moved that the City kanager cancel the public advertisement for bids on the toilet facilities. The motion was seconded by Mr. Dillard and lost by the following vote: AYES: Uessrs. Dillard, Garland and Wheeler ............................. NAYS: Messrs. Jones, Pollard and Mayor Stoller ......................... (Mr. Young absent) COUNCIL: Mayor Stoller stated that he has been asked by the local news imedia to bring before Council the question of establishing a policy as to matters having too many executive sessions on subjects for which it is not necessary to hold Mr. Dillard pointed out that when he first served on Council in 1946 it was mutually understood that only matters involving personalities and purchase of real estate ~ould be discussed in executive sessions. Mr. Pollard stated that in his opinion it is entirely up to Council as to what should be taken up in executive session and that each question should be decided on its individual merits, Mr. Pollard expressing the belief that everything which has been brought up in executive session should have been discussed in executive session. Mr. Garland stated that in his opinion Council has abused the privilege of executive session again and again. No action ~as taken on the matter. AIR POLLUTION CONTROL: Mayor Stoller stated that the Chairman of the Advisory and Appeal Board, Air Pollution Control. has asked for a report on the progress being made toward employing ar Air Pollution Engineer. 11 l The City Manager advised that he hopes to app=int an Air Pollution Engineer in 'the very near future. GARBAGE REMOVAL: Mr. C. Marvin Robertson, Vice President. Carter 'Machinery Company, Incorporated. shoued a film on sanitary landfill methods at the request of Mayor Stoller. On motion of Mr. Jones, seconded by Mr, Dillard and unanimously adopted, the meeting Has adjourned. APPROVED ATTEST: / City Clerk Mayor COUNCIL, REGULAR MEETING° Monday. July 8, 1963. The Council of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Monday, July 8. 1963, at 2 p.m.. the regular meeting hour, mith Mayor Stoller preaiding, PRESENT: Councilmen Benton ~ Olllard. Robert A. Garland. James E. Jones, Roy R. Pollard. Sr., Vincent S. MheeleF, Ralter L. Young and Mayor Murray A, Stoller ............................... 7, ABSENY: None ...............O. OFFICERS PRESENT: Ar. Arthur S. Owens, City Ranager, Mr. Randolph G. Mhittle. City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened Pith a prayer by the Reverend lt. R. Mandel. Pastor. Valley Vieu Wesleyan Rethodist Church. WINUFES: Copy of the minutes of the special meeting held on Friday, June 28, 1963, having been furnished each member of Council, on motion of Mr. G~rland, seconded by Mr. Jones and unanimously adopted, the reading thereof ~as dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: RATER BEPARTRENT: Pursuant to notice of advertisement for bids for the construction of two rest rooms at Carvins Cove at the picnic area and the dock area under Contract #A", and the installation of t~o 2,000-gallon septic tanks with necessary appurtenances under Contract "B'. said proposals to be received by the City Clerk until 1:30 p.m., Ronday, July O, 1963, 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 ~as anyone present who had been denied the privil~e of bidding, or if there were any questions about the advertisement anyone would like to ask, and no representative present raising any question, the Rayor instructed the City Clerk to proceed Kith the opening of the bids; whereupon, the City Clerk opened and read the folloaiag bids: Contract A Bays Construction Company, Inc. $ 14,300.00 J, H. Fralin ~ Son 11,730.00 Uodges Lumber Corporation 20,790.00 Southwest Building Corporation 11,290.00 Regional Construction Services, Inc. 13,980.00 Contract B Regional Construction Services, Inc. $ 6,600.00 J, P. Turner G Brothers 12,030.00 In this connection, Dr. Charles W. Cornell, Chairman of a Committee pre- paring a plan for the development of recreational facilities at Carvins Cove, appeared before Council and stated that he is in favor of retaining the picnic area at Carvtns Cove by furnishing necessary toilet facilities, Or. Cornell referring to a communication he received from Wt. Ben H. B,leo, Commissioner of State Parks, under date of April 1. 1963, indicating that he has no objection to retention of the picnic facilities ut CnrvJns Cove if adequate sanitary facilities are furnished. Dr. Roger C. Grndy, Commissioner of Health. pointed out that Corrina Cove is primarily a mater supply, not n source of hydroelectric pouer, that the Cove can be used as a recreation area to n n~ est degree if adequate toilet facilities are furnished, that if the toilet facilities are not installed the Cove should be closed completely to boaters, fisherman and picnickers, ant that t~ Hennett Springsi area should not be used at nil because it is too difficult to supervise. Mr. S. Albert Trumpeter questioned spending funds for toilet facilities for a recreation area ~hich ~ill be modest in scope, voicing the opinion that the funds should be spent on other park areas ~hich ore more widely used. Mr. J. E. Fo§la also objected to the expenditure of funds for toilet facilities at Corrina Cove, voicing the opinion that existing facilities, if kept clean, are adequate for boaters and fisherman. Mr. Jones stated that it is his understanding Mr. Helen alii present a report to the Carvins Cove Committee with regard to a plan for the development of recreational facilities at the Cove within ten days to t~o weeh$, recommending changes in the rest room Jn the dock area, and moved that the bids be referred to the Committee composed of Dr. Charles M. Cornell, Chairman, Mr. Roy L. Nebber and g~ Walter L, Youn9 for tabulation, report and recommendation to Council, taking into consideration comments made at the present meeting and the report to be submitted by Mr. Bolen. The motion ~as seconded by Mr. Dillard. Mr. Garland expressed the opinion that public use of Carvins Cove is a source of danger and offered a substitute motion that Corrina Cove be closed to the public. The motion failed for lack of a second. Yhe original motion of gr. Jon~s ~as then adopted. Mr. Carload voting no. MFo Dillard then moved that Mr. Roy R. Pollard, Sr., be added to the Corrina Cove Committee. The motion ~as seconded by gr. Young and adopted, gr. Pollard not voting, i Mr. Dillard moved that the City Manager be instructed to close the Bennett Springs area at Corrina Cove and to construct the proper obstruction to the area. The motion was seconded by Mr. Pollard. Dr. Cornell pointing out that Bennett Springs is the best fishing area at! the Cove and requesting that action on the matter be deferred until his committee submits its recommendation, the motion of gr. Dillard ~as lost by the following vote: AYES: Messrs. Dillard. Garland and Pollard ....................3, NAYS: Messrs. Jones, Wheeler, Young and Mayor Stoller .........4. STREETS AND ALLEYS: Council having continued until its present meeting a public hearing on the request of American Rotor Inns, Incorporated, that a certain! alley known as Camp*s Alley. lying betneen the northerly side of McOowell Avenue and the southerly side of Orange Avenue. N. E.. be vacated, discontinued and closed, thai matter was again before the body. Mr. Frenh K. Sounders, Attorney, representing the petitioner, nppenred before Council and edrJsed that so far his client hem been unable to acquire the tthree pieces of property affected by the proposed closing of the alley and requested lthet the public hearing again be continued. Mr. Dillnrd moved that the public hearing be continued until 7:30 p.m.. August 5. 1963. The motion was seconded by Mr. Mheeler and unanimously adopted. STREETS AND ALLEYS: Council having previously set a public hearing for 12:00 p.m., July 8, 1963, on the request of Concrete Ready Mixed Corporation, et al** that the portion of Bethel Street, N. M., extending southerly from Signal tlill Avenue, be vacated, discontinued and closed, the matter uas before the body. In this connection, Mr. T. L. Plunkett, Jr., Attorney, representing the petitioners, appeared before Council in support of the request. The follouing report of the City Plannin9 Commission, recommending that the request be granted, was brought to the attention of Council: "June 6, 1963 The Honorable Murray A. Stoller, Mayor, and Members of City Council City of Roanoke, Virginia Gentlemen: During its June 5. 1963 meeting the City Planning Commission considered this street closing request. It was learned that Concrete Ready Mixed Corporation. owners of the land abutting the street, are contemplatin9 the subdivision of a large tract of land south of Bethel Street for residential purposes. Subdivision plans are presently being revieued by the City Plonnin9 Department and are ready for approval. The proposed street layout of the subdivision indicates that there is no need to retain this portion of Bethel Street and that the new proposed street layout will result in a satisfactory arrangement of streets. The City Planning Commission therefore recommends to City Council to grant the above request and to vacate, discontinue and close that portion of Bethel Street os described in the original request by the petitioner, the city to retain all necessary easements for public utilities. Respectfully submitted, S/ Werner K. Sensbach for B. N. Eubank Vice-Chairman' It was also pointed o~t that viewers have previously reported that in their opinion no inconvenience would result from vacating, discontinuing and closing the street. No one appearing in opposition to the request, Mr. Wheeler moved that said I request be granted and that the following Ordinance be placed on its first reading:. (~15302) AN ORDINANC£ enacted pursuant to the provisions of Section 15-766 of the Code of Virginia (1950), as amended to date, providing for Yachting, discon- tinuing and closing that portion of Bethel Street, N. W,, extending southerly from Signal Hill Avenue, situatad in the City of Hoonohe, State Of Virginia, and herein- after more particularly described. WHEREAS. n petition has bees filed mith the Council of tbe City of Roanohe ilpursuant to the provisions of Section 15-766 of the Code of Virginia (1950), as ?amended to date, mherein it is asked that that portion of Bethel 5treat, N. iextending southerly from Signal Hill Avenue to the rear Of Lot 11, Block 13, Map Number 3 Of Nestwood Annex, which i$ more particalarly shown On said Mop Of Nestwood Annex Number 3 Of record in the Clerk*s Office of the Hustings Court Of the City of Roanoke in Map Hook l, page 94, be vacated, discontinued and closed; and WHEREAS, due legal notice mas posted as required by Section 15-766 Of the Code of Virginia (1950). as amended to date, and in conformity mith the law in such cases m3de and provided, the land proprietors affected thereby along that portion of said street have been notified; and WI~REAS, by Resolution No. 15230. adopted on the 13th day of May, 1963. the~ Council of the City of Roanoke. Virginia, appointed viewers to report whether or not Jn their opinion any, and, if any, mhat inconvenience mould result from permanently vacating said portion of said street; and RHEREAS. the viewers appointed reported, in writing, that after having been duly sworn, they viewed the said street and the neighboring properties and are unani- mously of the opinion that no inconvenience would result either to the public or to said portion of said street; and WHEREAS. the City Planning Commission has considered the request and has recommended to the Council that said portion of said street be vacated; and WHEREAS. the Council of the City of Roanoke caused a public hearing to be held on the question after publication of due notice thereof, at which hearing the property o~ners and other interested parties in the affected area were given an opportunity tO be heard both for and against the request; and WHEREAS. this Council, after considering the evidence submitted, is of the opinion that vacatin9 that portion of Bethel Street. N. W., extending southerly from Signal Hill Avenue to the rear of Lot 11, Block 13. Map Number 3 of West~ood Annex, which is more particularly shown on said Map of Westwood Annex Number 3 of record in the Clerk's Office of the Hustings Court of the City of Roanoke in Map Book 1, page 94, will not abridge or destroy any of the rights and privileges of any person, firm or corporation, and that no inconvenience mould result to anyone therefrom, and is further of the opinion that the request of said petition should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that portion of Bethel Street. N. W.. extending southerly from Signal Hill Avenue to the rear of Lot 11, Block 13, Map Number 3 of Restwood Annex, mhich is more particularly shown on said Map of West~ood Annex Number 3 of record in the Clerk's Office of the Husting~ Court of the City of Roanoke in Map Book 1. page 94, be permanently vacated, discon- tinued and closed as provided by Section 15-766 of the Code of Virginia (1950), as amended to date. and in accordance mith the law in such cases made and provided. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that a certified copy of this Ordinance be delivered by the City Clerk to the Clerk of the Rsstings Court of the City of Roanoke, Virginia. to the Clerk of the Circuit Court of! Roanoke County. ¥1rginia. and to the City Engineer of the City of Roanokeo Virginia. ' land that the City Engineer of Roanoke, Virginia, make appropriate notation of the ivacation herein approved on the Official Hop of the City of Roanoke. The motion was seconded by Mr. Young and adopted by the folloming vote: :i ! AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor ] NAYS: None ..................O. i! STREETS AND ALLEYS: Council having previously set a public hearing for 2:00 p.m., July 0, 1963, on the request of Diamond Plastics Industries. Division of Creative Packaging, Incorporated. to permanently vacate, discontinue and close a por- tion of Old Rollins Road, N. E.. and a part of a road right of way of an old bridge crossing Tinker Creek. the matter was before the body. lu this connection. Mr. James M. Young, Attorney. representing the petitioner, appeared before Council in support of the request. The following report Of the City Planning Commission. recommending that the request be granted, was brought to the attention of Council: "June 6, 1963 The Honorable Murray A. Stoller. Mayor, and Members of City Council City of Roanoke, Virginia Centlemen: In its June 5, 1963 meeting the City Planning Commission studied the above petition as requested by letter from City Council of May IS, 1963. The Commission Mas informed by the attorney of Diamond Plastics Industries that a new railroad siding Mas planned to serve the plant of the company. It Has learned that several other studies had been conducted to provide railroad access, but the topographic conditions along Tinker Creek made construction of rail facilities impossible. The Commission noted that old tlollins Road had lost its importance as a north-south connection with the construction of the parallel route Of Nhiteside Avenue to the seat and that traffic can be easily accommodated on this flea facility. The Director of Public Works stated that from an engineering viewpoint no objection could be made against the abandonment of that portion of old Hollins Road or against the crossing of a public street by railroad track in front of a recently constructed bridge. The Commission also noted that, because of the land acquisition plans of Diamond Plastics along Hollins Road, no other land owners ~ould be denied access to their property through the closin9 of the road. The City Planning Commission concluded that it was essential to the operation of industry to have access to major rail lines and that the closing of the portion of old Hollins Road would not incon- venience the general public in regard to traffic nor deny access to abutting property owners. In addition, there appears to be no likelihood that there will be a need for that portion of Hollins Road for inclusion in the major highway system which is presently being studied by the City's highway consultant. 18 The City Planning Commission therefore recoumends to City Council that the above request be grouted end that · portion of old Hollins Rood, ns described in the petition of Diamond Plastics Industries be vacated, discontinued and closed, the C~y reteiaing necessary easements for public utilities. Respectfully submitted, S/ Homer K. Sensbach tar B. N, Embank. Vice-Chairman* Council having appointed viewers to report on the matter, the viemers sub- mitted a mrJtten report, advising that they have viewed the street and roadway pro- posed to be vacated, discontinued and closed, and that in their opinion no incon- venience will result from the closing of said street and roadway. Appearing in opposition to the proposed closing were the Reverend L. C. Hall, Pastor of the Hollins Road Baptist Church; Mr. James H. Taylor. President of the Hollins Road Civic League; Mr. W. T. Hylton. · member of the Hollins Road Church of the Brethren: and Mr. L. O. Atkins. a member of the Holllns Road Baptist Church, the objectors protesting that residents of Palmer Park will have to take a round- about route to reach businesses and churches on Italians Road and requesting that the city construct a 60-foot street from Whiteside Street to the bridge over the Norfolk and Western Railway Company tracks in accordance with Plan No. 4?06 on file in the office of the City Engineer, Mr. Taylor pointed out that closing the northern portion of the old llollins Road to Preston Avenue ~ill create a dead end for the southern portion thereof with- out a cul-de-sac. Mr. Donald L. Jordan. President of the Johnson-Carper Furniture Company, stated he is not in opposition to the proposed closing, but that he would like to see a 60-foot street between Whiteside Street and the overhead bridge. Everyone present having been given an opportunity to be heard on the matter, Mr. Wheeler moved that Council concur in the request and that the following Ordinance be placed on its first reading: (=15303) AN ORDINANCE vacating, discontinuing and closing a portion of Old Hollins Road, N. E., and a portion of the ro~d right-of-way of an old bridRe crossing of Tinker Creek which street and road right-of-way are more particularly described hereinafter. WHEREAS, Diamond Plastics Industries. Division of Creative Packaging, Incorporated, has heretofore filed its petition before the Council of the City of Roanoke, as required by law, requesting the Council to permanently vacate, discon- tinue and close the hereinafter described street and road right-of-way; and RHEREAS, notice of the filing of the petition was duly posted as required by law; and WHEREAS, by a Resolution adopted by the Council viewers were appointed by the Council to determine whether or not in their opinion any, and, if any, what iinconvenience would result from the vacating, discontinuin9 and closing of the said !street and road right-of-way; and ~HEREAS, Messrs. Lester K. Stovero Jr., Mllliam P. Rallace and Deuey H. Marshall, three of the said viewers who uere authorized by the Resolution of Coancil to act. have viewed the said street and road rlght-of-uay to be closed and filed their report stating that no inconvenience would result from the vacating, discon- tinuing and closing of the said street and roadway; and NHEREAS. the Plannln9 Commission of the City of Roanoke has considered and approved the petition; and NHEREAS, notice of a Public HearinG, which was held on July 0, 1963, was duly published and posted; and ~ItEREAS. a Public Ilearing pursuant to said notice was held on the said petition by Council On July 8o 1q63; and RRER£AS, no inconvenience to the public will result from the vacating. discontinuing and closing of the said portion of the said street and road right-of- May. TI~R£FOR£, HE IT ORDAINED by the Council of the City of Roanoke that the following described street and road riGht-of-way 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 following described street and road right-of-way are hereby released insofar as the Council is empowered so to do, the said street and the road right-of-way to be closed being more particularly described as follows: The 1740 lin. ft. more or less of the 40 ft. width right-of-way of Old Italians Road. N. E., extending southerly from the southerly side of Preston Avenue, N. E., to the intersection of the easterly side of Old Hollins Road and the westerly line of the Norfolk and Western Railway right-of-way, together with the road right-of-way of an old bridge crossing of Tinker Creek situate about 1100 ft. southerly from Preston Ave., and extending easterly from the east side of Old Hollins Road to the centerline of Tinker Creek. the east corporate line of the City of Roanoke and containing 1.6 acres more or less and being shown on plat prepared by C. H. Malcolm and Son, Engineers, dated May 6, 1q63. reserving, however, unto the City of Roanoke, Virginia, an easement with the right of ingress and egress in and through the said portions of the street and roadway to be closed for any water. Gas. sewer or power lines which are presently located in the said street or roadway. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby. directed to mark *permanently vacated, discontinued and closed" upon the maps and plats on file in the office of the City Engineer of the City of Roanoke, Virginia. shaming the said street and road riGht-of-way which are described above and referring to the book and page of the Resolutions and Ordinances of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the HustinGs Court of the City of Roanoke, VirGinia, a copy of this Ordinance. together with a copy of the aforesaid plat made by C. H. Malcolm and Son. EnGineers. dated Hay 6. 19~3, in order that the Clerk may record the same and in order that the Clerh may make proper notation on all maps and plats recorded in his office upon which are shown the said portions of the hereinabove described street and roadway which are being permanently vacated, discontinued and closed as provided by law. ¸2O The motiou .as seconded by Mr. Pollard and adopted by the folloming rote: AYES: Messrs. Dillard, Garlondo Jones, Pollard, Nheeler, Young and Nsyor Stoller .......................... ?. NAYS: None ............ O. Mr. Dillard then moved that the plan for establishing a 60-foot street be referred to the City Manager to bring up-to-date and submit an estimate of the cost Of the project. The motion mas seconded by Mr. Nheeler and unanimously adopted. STREETS AND ALLEYS: Council having previously set a public hearJn9 for 2:00 p.e., July D, 1963, on the request of Mr. J. M. Hurress, et al., that u certain IS-foot alley running through Dloch 13. Hyde Park, from Seventeenth Street to Eighteenth Street. N. W., parallel to Shenandoah Avenue and Center Avenue, be vacated, discontinued and closed, the matter uss before the body, In this connection. Mr. Charles D. FOx. Ill. appeared before Council in support of the request Of the petitioners. The folloming report of the City Planning Commission, recommendin9 that the request be granted, mas brought to the attention of Council: 'June 6, 1963 The Honorable Murray A. Stoller, Mayor, and Members of City Council Roanoke. Virginia Gentlemen: The City Planning Commission studied the above request for closing of an alley during its June S. 1963 meeting. After thorough investigation of all conditions pertaining to this location, the Commission concluded that the closing of this alley would permit an existing industry to expand and make better use of land located in an industrial dis- trict. The petitioners agreed to make provisions to con- struct their building and facilities in such a way so that easy access can be provided to the sewer lines located in the present alley. The City Planning Commission therefore recommends to City Council that the above request be granted and the alley be vacated, discontinued and closed, the city to retain all necessary easements for public utilities. Respectfully submitted, S! Werner K. Sensbach for B. N. Eubank Vice-Chairman" It was also brought out that viewers have previously subniCted a report. advising that they are of the opinion no inconvenience would result from vacating, discontinuing and closing said alley. No one appearing in opposition to the request, Mr. Young moved that Coun- cil concur in the request and that the folloNing Ordinance be placed upon its first reading: (s15304) AN ORDINANCE consenting to the vacating, discontinuin9 and closing of that certain alley approximately 15 feet in uidth running through alack 13. Rap of Hyde Park Lind Company, betueen ITth and 10th Streets, N. ¥.. parallel to Shenan- doah and Center Avenues. N. W., approximately dO0 feet in length. WHEREAS, J. M. Ourresso Elva H. R. Beard and Cline Beard hate heretofore filed their petition before Council in accordance with Ism, in which petition they requested Council to consent to the permanent vacating, discontinuing and closing of the hereinafter described alley; and RHEREAS, J. W. Ourress. Elva B. R. fleurd and Clime Beard. the said peti- tioners, did duly and legally publish, as required by Section 15-76b of the Code of ¥irginia of 1950, ns amended, a notice of their application to this Council to racate the aforesaid alley, the publication of which was had by duly posting copies of said notice in the manner provided by law, all of which is verified by an affidavit appended to the petition, addressed to the Council, requesting that the same be vacated: and WHEREAS, Jt appearing to the Council that note than five days have elapsed since the publication of the hereinabove described notice of application. and the Council having considered the application of the parties to vacate said alley, ail as provided by ~ection tS-?Ob of the Code of ¥irginia of 1950. as amended; and WHEREAS, William M. Harris, Jr.. Robert K. Rector and James L. Trinkle uere appointed as viewers to view the above described alley sought to be vacated and to report in ~riting as required by Resolution of this Council adopted on the 13th day of Ray, 1963, as No. 15231; and ~HEREAS, said viewers, being duly sworn, did report to this Council on the loth day of June, 1963, that no inconvenience would result either to the public or to any person, firm or corporation from the permanent vacating, discontinuing and closing of said alley; and RHEREAS, it further appears to Council that the petitioners have agreed to bear and defray the cost incident to this proceeding. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said Council hereby consents to and approves the vacating, closing and discontinuing of that certain alley situate in the City of Roanoke. approximately 15 feet in width, running through Block 13. Rap of Hyde Park Land Company. between 17th and loth Streets, N. W., parallel to Shenandoah and Center Avenues, N. W.. approximately 400 feet in length; that all right, title and interest of the City of Roanoke and the public is hereby released insofar as the Council is empowered so to do. the City of Roanoke, however, reserving unto itself an easement in said property for any exist- lng Hater lines, sewer lines, drains or other public improvements presently located in said alley, together with the right of ingress and egress for the maintenance, repair and construction of such lines or improvements. 22 BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hustings Court of the City of Roanoke, Virginia, and the Clerk of the Circuit Court of Roanoke County, Virginia. an attested copy of khis Ordinance in order that said Clerks may record same, and that said Clerks may make proper notation on all maps and plats recorded in their said offices upon Mhich are shana the said alley herein permanently vacated, discontinued and closed as provided by lam. UE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directed, upon the recordation Of the papers, to mark *Permanently vacated, dis- continued and closed* the herein described alley on maps and plats on file in the office of the City Engineer of the City al Roanoke, Virginia, on which said maps and plats said alley is shown referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke Mherein this Ordinance shall be spread. The motion Mas seconded by Mr. Wheeler nod adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard. Wheeler, Young and Mayor Stoller .......................... 7. NAYS: None ............ PETITIONS AND CORMUNICATIONS: BUILDINGS-HEALTH UEPAETRENT: A communication from Rr. Russell M, Cecil, 1510 Cove Road, N. N., complainin9 of the condition of an unoccupied residence at 1515 Cove Road, N. W., ~as before Council. Mr. Cecil appeared before Council with reference to his communication to urge that something be done to remedy the situation. On motion of Mr. Dillard, seconded by Mr. Nheeler and unanimously adopted, the matter Mas referred to the City Manager for study, report and recommendation to Council. In this connection. Mr. Garland pointed out that the same situation exists at 1§01 Memorial Avenue. $. N.. and moved that this matter also be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Dillard and unanimously adopted. REFUNDS ANO REBATES-LICENSES: A communication from Mr. Oaylord S. Corell. President, Roanoke Valley Rotors. Incorporated, requesting that the company be relieved of making payment of the second installment of license taxes assessed against the firm as a retail merchant doing business as an automobile agency in the city since on May 17. 1963, the company moved to Roanoke County, was before Council. In this connection. Mr. Corell appeared before Council and voiced the opinion that the body has already established a precedent for relieving the payment of the second installment of license taxes when it granted the request of Mr. Thomas C. Scordas. tj Hemberu of Council pointin9 out thut the request of Mr. Scordus grunted becuuse there eau a duplication of license taxes for operation of u business!! et the same locution, Hr. Wheeler moved thut the mutter be referred to the City Attorney for study, report and recommendution to Council. The motion Mas seconded by Hr. Jones and ununimously udopted. ZONING: A communicution from Hr. T. L. Plunkett, Jr.. Attorney. repre- senting Mr, Ben S. Perdue, et al., requesting that property locuted on the north side of Brandon Avenue, S. W., ~est of Grace Street. described as Lots 11-14, inclu- sive, Block 3. Stratford Court, Official Tax Mos. 1250411-125041d. inclusive, he rezoned from General Residence District to Special Residence District, ~as before Council. On motion, of Mr. Pollard. seconded by Hr. Young and unanimously adopted, the request was referred to the City Planning Commission for study, report arid recomoendation to Council. STREETS AND ALLEYS: A communication from Mr. Sidney F. Parham, Jr.. Attorney. representing The Kroger Company. requesting that a 12-font alley runni~ through Block 71. Helrose Land Company. from Nineteenth Street to T~entieth Street. N. W.. parallel with Melrose Avenue and Orange Avenue, be vacated, discontinued and closed, was before Council. On motion, of Mr. Jones. seconded by Mr. Wheeler and unanimously adopted, the request was referred to the City Planning Commission for study, report and recom- mendation to Council. Mr. Dillard then offered the following Resolution providin9 for the appointment of viewers: (~15305) A RESOLUTION providin9 for the appointment of five freeholders, any three of whom may act, as vie.ers in connection with the application of The (For full text of Resolution. see Resolution Book No. 26. page 209.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded AYES: Messrs. Dillard. Garland, Jones. Pollard, Nheeler, Young and Mayor Stoller .............................. 7. NAYS: None ................O. STREETS AND ALLEYS: A petition of Mr. Frank K. Saunders. Attorney. repre- senting the Magic City Motor Corporation. requestin9 that Commonwealth Avenue, N. E.. from its southerly terminus at the intersection of Walker Avenue to its intersection ~lth Gregory Avenue; Dregory Avenue. N. E.. from its intersection ~ith Commonwealth Avenue to the ~esterly side of Fifth Street; and the t~o alleys lying in Block 11. 23 24 On motion of Mr. Garland, seconded by Mr. Wheeler and unaniuously adopted. the request uss referred to the City Planning Commission for study, report and mendatJon to Council. Mr. Jones then offered lhe following Resolution providing for the appoint° meat of vieucrs: (~i$306) A R£SOLUTION providing for the appointment of five vieuers in connection with the application of Hsgic City Motor Corporation to permanently vacate, discontinue and close (1) Commonwealth Avenue, N. £.. from its southerly terminus at the intersection of ~alker Avenue. N. £., to its intersecLion with Gregory Avenue, N. E.; and Gregory Avenue, N. E., from its intersection with Common- mealth Avenue, N. E., to the westerly side of Fifth Street. N. E.; (2) Those two certain alleys which lie within the confines Of Bloch 11o EaJrvJeu Addition, shown on Sheet 302 of the Tax Appraisal Map of the City of Roanoke, Virginia, throughout the entire length and width thereof, being all of the alleys lying within the said Block Il. Fairview Addition. in the City of Roanoke, Virginia. (For full text of Resolution, see Resolution Book NO. 26. page 290.) Mr. Jones moved the adoption of the Resolution. The motion ~as seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones. Pollard. Wheeler. Young and Mayor Stoller .......................... T. NAYS: None ............ O. MATER DEPARTMENT: A communication from Mrs. T. R. Burton, 2517 Maycrest Street. N. W., requesting that the water pressure iff the Round Hill section be increased, was before Council. In this connection, Mayor Stoller advised that he has received a communica- tion from Mrs. Max Berman, 2513 Round Top Road, N. ~., making the same request. On motion of Mr. Young, seconded by Mr. Wheeler and unanimously adopted, the matter was referred to the City Manager for investigation and report to Council. INVITATIONS: A communication from Mr. Lewis Cutrer. President, American Municipal Association, inviting the officials of the City of Roanoke to attend the American Municipal Congress in Houston, Texas. August 10-14, 1963. was before Council. Mr. Pollard moved that the communication be received and filed. The motion was seconded by Mr. Wheeler and unanimously adopted. AUDITS-CLERK OF COURTS: A communication from Mr. J. Gordon Bennett, AudJto'r of Public Accounts for the Commonwealth of Virginia, together with a report on an audit of the accounts and records of the Clerk of the Courts for the calendar year 1962, advising that the examination disclosed full accounting had been made for all funds of record coming into the custody of the Clerk of Courts during the year and that the records had been prepared in very good order, was before Council. Mr. Dillard moved that the communication and report be received and filed. The motion was seconded by Mr. Young and unanimously ad. ted. BUDGET-CITY SERGEANT: Copy of a communicution to Mr. Kermit E. Allmsn, City Sergeant, from the Compensation Board. approving a request for an appropriation of $33 to provide for the purchase of filing cabinets, subject to concurrence of the Council of the City of Roanoke, mas before Council. Mr. Nbeeler moved that Council concur in the request and offered the follo~- ling emergency Ordinance: (x15307) AN ORDINANCE to amend and reordain Section 32T, "Sergeant," ~f ilthe 1963 Appropriation Ordinance. and providing fo! an emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 291.) Mr, Mheeler moved the adoption Of the Ordinance, The motion was seconded by Mr, Pollard and adopted by thd following vote: i~ AYES: Messrs. Dillard. Garland, Jones. Pollard, Wheeler. Young and Mayor Stoller 7 : NAYS: None ................. O. INTEGRATION: Council havin9 previously received a request of the Roanoke Council Parent-Teacher Association that a Biracial Commission for the City of Roanoke be appointed by the Council of the City of Roanoke. and the matter having been referred to The Citizens' Committee for Greater Roanoke with the request that the committee consider the activation of its Human Relations Subcommittee to function within itself, the follo~ing communication from Mr. Stuart T. Saunders. Chairman of the Citizens' Committee, ~as before Council: "June 26. 1963. Miss Virginia L. Shaw, City Clerk, City of Roanoke. Roanoke, Virginia. Dear Miss Shaw: The Steering Committee of our Citizens Committee for Greater Roanoke net today and considered your letter of June lB. stating that City Council at its meeting on June 17 referred the matter of the suggested Biracial Commission to our Committee Kith the request that we consider the activation of its Human Relations Subcommittee to function ~ithin itself. Since then. there have been statements in the press indicatin9 that Council. or at least certain of 1ts members, feel that the Volunteer Committee which has been In operation for some time is the appropriate committee to discuss and consider racial matters. It may be, therefore, that Council no longer desires action from our group. In any event, our Steering Committee feels that the Volunteer Group is the appropriate group to handle such matters. It has been especially constituted for that purpose and is repre- sentative of the various interests involved. On the other hand, our Human Relations Subcommittee ~as not organized or constituted with any such functions in mind and should not, in our judgment, undertake to supersede the voluntary group. The Subcommittee sill be glad to cooperate Kith the Volunteer Group and to assist it in any way that it can in perform-' lng its functions. Sincerely, S/ Stuart T. Saunders' Hr, Dillard moved that Council concur in the opinion of the Steering Committee of the Citizens' Committee thet the Volunteer Group is the appropriate group to discuss and consider racial matters. The motion nas seconded by Mr. Young and unanimously adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a uritten report, recommending that a street light be installed at the corner of Lone Oak Avenue and Colgate Street~ Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the f,Il,wing Resolution: (~lSaOS) A RESOLUTION authorizing the installation Of one 2500 lumen overhead incandescent street light at the corner of Lone Oak Avenue and Colgate Street. N. E. (For full text of Resolution, see Resolution Book No. 26. page 292.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Carland and adopted by the following vote: AYES: Messrs. Dillard. Darland. Jones, Pollard. Wheeler. Young and Mayor St,lief .......................... 7. NAYS: None ............O. STREET LIG[ffS: Council having referred to the City Manager for study. report and recommendation a request of Mrs. Eva S. Reed that a street light he installed at the corner Of Windsor Avenue and Suburban Avenue. S. W.. he submitted a written report, advising that there is a street light located 150 feet to the west and one less than 200 feet to the east of this intersection, which is well within the policy of both Council and the City Manager with reference to the installation of street lights; therefore, he cannot recommend the installation of an additional street light at the corner. Mr. Dillard moved that the matter be referred back to the City Manager for study and report to Council as to ~hether or not one of the existing lights should be transferred to the corner of Windsor Avenue and Suburban Avenue, S. W. The motion was seconded by Mr. Wheeler and unanimously adopted. BUDGET-STATE ItlGItWAYS: The City Manager submitted a written report, recommending that $1,216.67 be appropriated to provide for payment of Progress Bill NO. I submitted by the Virginia Department of Highways, representing the city*s 25 per cent cost of the preliminary engineering incurred on the widening of Franklin Road, S. W., from the Norfolk and Western Underpass to the south corporate limits, to date. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (x15309) AN ORDINANCE to amend and reordoin Section ~170 Capital of the 1963 Appropriation Ordinance. and providin9 f(r an emergency. (For foil text of Ordinance. see Ordinance Book No. 26. page 292.} Mr. Yuan9 moved the adoption of the Ordinance. The motion oas seconded by! Mr. Garland end adopted by the follomlng rote: AYES: Messrs. Dillard. Garland, Jones, Pollard. Wheeler, Youn9 and Mayor 'Scalier .................................. ?. NAYS: None ...................O. BUDGET-STATE HIGHMAYS: Th~ City Manager submitted a uritten report, recommendin9 that $2,161.72 be appropriated to provide for payment of Progress Bill No. S submitted by the Virginia Department of tligh,eys, representing the city's share of the cost of mJdening Peters Creek Road. N. W., between Melrose Avenue and Ilershberger Road. to date. Mr. Nheeler moved that Council concur in the recommendation of the City Manager and offered the folio,lng emergency Ordinance: (=15310) 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 293.) Mr. Wheeler moved the adoption of the Ordinance. The motion ~as seconded by Mr, Young and adopted by the folio, lng vote: AYES: Messrs. Dillard, Garland. Jones, Pollard, ~heeler. Young and Mayor SCalier .................................. 7. NAYS: None ...................O. SIGNS: Yhe City Manager submitted a ~ritten report, transmitting a request of the Roanoke Industrial Center for permission to erect a sign on city property on Ninth Street, S.E.. Just to the left of the entrance to the brid§e, sho~= iling name of the street and the number of the building of the tenants at the the Roanoke Industrial Center. 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 iwsa seconded by Mr. Garland and unanimously adopted. BRIDGES: The City Manager having previously recommended that he be utborized to enter into an agreement, for and on behalf of the City of Roanoke, sith lithe Norfolk and Western Railway Company, providing for the installation of n non concrete deck on the Zhirteenth Street Bridge by the Railway Company at its sole cost !and expense and for future maintenance of the bridge by the city nt its sole cost and xpense, and Council having deferred action on the matter in order to ascertain i~hether necessary can acquired by the city to eliminate the curve in or Hot land be i:tbe bridge shile it is being repaired, the City Manager submitted the folio{lng report: ! 28 'Roanoke, Virginia July l, 1963 To the City Council Roanoke, Virginia Gentlemen: At our meeting of April 22, 1963, ! recommended that I be authorized to enter into an agreeuenl on behalf of the City uith the Norfolh and Western Railuay Company providing for the installa- tion of a nan concrete deck on the 13th Street Bridge. I have met with representatives of the Norfolk and Western Railuay Company and our pun engineers at the site. and ue recommend the follouing: 1. That for the present time we make no attempt to secure additional land to cut bach the CUrVe, hut Father attempt to get the bridge located and the necessary ~idenJng at this time. 2. That the necessary tho feet ~idening on each side to provide for a curb to curb width of 44 feet rather than 40 feet be absorbed by the City of Roanoke at an estimated cost of $2.000. There are sufficient funds in the 1963 budget to take care of this ~ithout a special appropriation. Respectfully submitted. S/ Arthur S. O~ens City Manager" 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 was seconded by Rt. ~heeler and unanimously adopted. AIRPORT: Council having previously directed the City Manager to apply for a federal grant from the Housing and Home Finance Agency to be used for compre- hensive planning of present and future airport requirements of the City of Roanoke. he submitted the following report: "Roanoke, Virginia July 6. l~b3 To the City Council Roanoke. Virginia Gentlemen: On Monday, April 29, 1963, I recommended to you that I be authorized and directed to make application for funds to make a study of our airport and its future needs. This was in furtherance of many requests that this be accomplished; and although dubious of the possibility, nevertheless, I recommended that attempts be made to secure aid under existing law. I am in receipt of a letter dated Jnne 20. 1963, from Mr. Frederick O'R. Hayes. Assistant Commission r for Urban Planning and Community Development, in which the crux of the letter is that Roanoke being a city of over 50,000 people is not eligible for this type of study under Section 701. However, the Roanoke Valley Regional Planning Commission has qualified for Section TOi funds and is authorized under this law to make appropriate studies should CounCil request it. If Council feels that a study is valuable to the City and the surrounding territories, then I ~ould suggest that you refer Mr. O'R. Hayes*s letter and forms to this group asking that they initiate a study and advise you fo the approximate cost prior to a final decision. ~ith the presentation of this information. I am closing my files on such a survey. Respectfully submitted, S/ Arthur S. O~ens City Manager" Mr. Wheeler moved that the Roanoke Valley Regional Planning Commission be requested to Initiate · study of present and future airport requirements of the city and to advise Council of the approximate cost thereof prior to a final decision,~ The motion nas seconded by Mr. Jones and adopted. Mr. Dillard voting no. SEMERS AND STORM DRAINS: Council bavin9 directed the City Manager to iohtaio necessary easements for the construction of an O-inch sanitary se~er to serve ~ that portion Of BazelrJdge Road. N.W.. between Frontier Road and Ilershberger Road, also. that portion Of Oakla,n Avenue. N. W. bet*eeo BazelrJdge Road and ~insloe Drive, · he submitted a uritten report, advising that he has been able to obtain easements from inine property onners at a total cost of $1,OOOo but that he has been unable to obtain ~ian easement from Mr. C. E. Campbell, the City Manager recommendJn9 that Council accept ~the nine easements and appropriate the funds therefor and that the City Attorney be iinstructed to initiate condemnation proceedings to acquire the easement across the iproperty of Mr. Campbell. In this connection. Mr. Campbell appeared before Council and stated that he originally signed an agreement to receive the proposed amount of the sewer assess- ment, $217.80. for an easement across his property and that as a matter of principle he intends to stick to that agreement, Mr. Campbell also stating that he ~ants a statement in black and white that he ~ill not be held responsible for any accident nhich might occur on his property in the construction of the se~er project. After a discussion of the matter, Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance authorizing the acquisition of the nine easements: (315311) AN ORDINANCE authorizing the acquisition of nine easements needed by the City for use in the construction of the Ilazelridge goad se~er project; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 293.) Mr. Pollard moved the adoption of the Ordinance. The motion ~as seconded ilby Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones. Pollard, Wheeler, Young and Mayor ii NAYS: None ...............O. ii Mr. Nheeler then offered the follomtng e~ergency Ordinance appropriating ii$1,088.00 to cover the cost of the nine easements: (=15312) AN ORDINANCE to amend and reordain Section ~170. "Capital," of :ithe 1963 Appropriation Ordinance, and providing for an emergency. ,! (For full text of Ordinance. see Ordinance Book No. 26. pa~e 294.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded iby Mr. Pollard and adopted by the follo~ing vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .............................. 7. NAYS: None ...............O. ¸3O Mr, Pollard offered the following emergency Ordinance providing for the acquisition of the easement across the property of Mr. Campbell: (~15313) AN ORDINANCE providing for the acquisition of a certain perma- nent easement needed by the City for the construction of the Bazelrldge Road sewer project: and providing for On emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 295.) Mr. Pollard moved the adoption Of the Ordinance. The motion was seconded by Mr. Garland and adopted by the folio, Jag vote. Mr. Jones stating that he is voting for the Ordinance with the understanding that the City Manager will make every effort to negotiate with Mr. Campbell for a mutually satisfactory settlement before condemnation proceedings are instituted: AYES: Messrs. Dillord. Garland. Jones. Pollard. ~heeler. Young and Mayor Stol]er .......................... 7. NAYS: None ............O. Mr. Dillard then offered the following emergency Ordinance appropriating $108.00 to provide for the acquisition of the easement ~cross the property of Mr. Campbell: (~15314) AN ORDINANCE to amend and reordsin Section ~ITO. 'Capital,~ of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, pa~e 296.) Mr. Dillard moved the adoption of the Ordinance. The motion ~as 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. STREETS AND ALLEYS: Council having referred to the City Manager a sugges- tion of Mr. Fred L. Mitchell. Sr.. that a survey be made concerning the need for another street connecting Melrose Avenue and Salem Turnpike. N. W., between Thirty- first Street and Nest Side Boulevard, the City Manager submitted a ,ritten report, advising that a survey sho~s there is an unusual concentration of cemeteries located! in this general area which is obviously the reason ~hy no street connection has been established so far. that the major arterial high,ay plan ~ill include a proposal for BUDGET-PARKS ANB PLAYGROUNDS-GARBAGE RE#OYAL: The City Manager Raving prevJousll advised Council that $44,417,00 ia required to effect initial site pre- paration and operate the sanitary landfill at East Gate for the period from July I, 1963. to January 1, 1964. and the question of obtaining equipment for the sanitary landfill operation Ravin9 been referred to a committee for study, particularly as to the type of equipment required and whether the city should rent said equipment or buy it, the committee submitted the following report: 'July 3. 1963 To The City Council Roanoke, Virginia Members of Council: In connection with the sanitary landfill operation in the East Gate area. your committee met on July 3. 1963, to study and analyze a request made by the Director of Public Marks. which request was approved by and concurred in by the City Manager, and presented to City Council at its meeting on Monday, June 24. 1963. After due consideration, your committee submits the following report and recommendation: 1. That the City purchase a D-7 class bulldozer and and O yrd. Scraper rather than to rent same on a monthly basis. Based on an average monthly rental, the two items of equipment could be paid for in less than two years time. Estimated cost of these two items is $40.000. It is recommended that the City Manager be authorized to receive bids on the bulldozer and the scraper, and that an appropriation be made at the time the bid is awarded by City Council. 2. That the following items be approved immediately and that funds be appropriated to cover same: Gravel to maintain roads within area 3.000 tons · $1.70 $5.100.00 Telephone installation and 6 months charge 70.00 Power Bill 60.00 2 ne~ Tractor Operator II's (Group 4. Step 2) $287.74 per month for 6 months 3.452.88 Change Tractor Operator I. Group 6. Step 4 to Tractor Operator II. Group 4. Step 2 2 Brush Chippers (One to be used at the land- fill and one to be used on the daily run) 2 @ $3.000 Ea. 6,OOO.OO TOTAL $14.682.88 The following appropriation should be made immediately: Street Repair - Materials. Buildings ~ Property 5.100.00 Refuse Collection and Diaposal Personal Services 3,452.88 Communications 70.00 Utilities 60.00 Vehicular Equipment - Additional 6TO00.O0 $14.682.88 Respectfully submitted. 31 32 S~ Roy R, Pollard, St, Roy R. Pollard, Chairman S~ Benton O. Dillard Benton O. Dillard S~ Arthur S. O~eas Arthur S. O~ons S~ H. Cletus Broyles H. Cietus Droyles" In this connection. Mr. J~hn Markey. representing Gimbert and Glmhert. Incorporated. appeared before Council and stated that it would he cheaper for the cily to rent the equipment to operate the landfill at East Gate for six months than to purchase it, citing figures to bear out his contention. Mr. Pollard pointed out that the city will be operating a landfill some- where at the end of six months and that by purchasin9 the equipment the city cnn use it in other departments. Mr. Markey replied that if the city intends to operate a landfill from now on then he strongly recommends purchase of the necessary equipment. Mr. Dillard ~oved that Council concur in the recommendations of the committee and that the City Manager be authorized to advertise for bids on the bulldozer and the scraper. The motion was seconded by Mr. Pollard and unanimously adopted. Mr. Pollard then offered the following emergency Ordinance appropriating $14.6D2.DR to cover other items recommended by the committee: (=15315) AN ORDINANCE to amend and reordain Section =81, "Street Repair." and Section =97, "Refuse Collection and Disposal." of the 1963 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book N~. 2b. page 295.) Mr. Pollard moved the adoption of the Ordinance. The motion Has seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, G~rlo~d. Jones. Pollard. ~heeler, Young and Mayor Stoller ........................... 7. NAYS: None ................... O. Mith further reference to the matter, Mr. Dillard moved that the City Homager advertise for bids for the tho brush chippers and that the bids be opened before Council. The motion was seconded by Mr. Pollard and unanimously adopted. UNFINISHED DUSINESS: BROADCASTING-PARKS AND PLAYGROUNDS: Council having deferred action until its present meeting on the request of Roanoke Independent Broadcaste~, Incorporated, for permission to mount an antenna on the tower atop Mill Mountain for broadcast usage, the matter was again before the body. It appearing that Roanoke Independent Broadcasters. Incorporated. has requested that the matter again be continued. Mr. Pollard moved that the matter be continued until the regular meeting on August 12, 1963. The motion was seconded by imf. Garland and unanimously adopted. !: CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: :I~ PARKS AND PLAYGROUNDS: Council having pre viously appointed a committee to ii study the matter of acquiring land in the Riverdale area for park purposes, Mr. JonesI n member Of the committee, stated the committee is makin9 progress, but that. Jn the meantime, it would like permission to use a portion of the Muse Spring property tempoo lrarily for a Little League baseball diamond. In this connection, the Reverend William Il. Edwards, Chairman of the !committee, and Mr. Rex T. Mitchell, Jr., Director of Parks and Recreation and s ~member of the committee, outlined plans for the baseball diamond. Mr. Jones moved that permission for temporary use of a portion of the Muse i!Spring property for a Little League baseball diamond be granted 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. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: A representative of the West !Virginia Pulp and Paper Company showed slides giving statistical data on the results of the experiment with the papercan system of refuse collection in the Dorchester Court area and the South Roanoke area. After a lengthy discussion of various phases of the system. Mr. Jones moved that Council hold it s regul ar meet lng of Jul y 22, 1963. at t he tluff Lane School and its regular meeting of July 29, 1963, at the Crystal Spring School for the purpose of ileal about the papa;can system of refuse collection. The motion ~as seconded by Mr. Dillard and unanimously adopted. COUNCIL: At this point, the City Manager requested an executive session of Council to discuss personalities and a water problem. Mayor Stoller called attention to an editorial in The Roanoke Times on uly 7, 1963. criticizing executive sessions of Council for other purpose than i~discussing personalities and real estate, Mayor Stoller proposing that members !of the press be invited to sit in on executive sessions of Council. provided they do 'not make the discussions in said sessions public, so that they can see for themselves Council is holding these executive sessions in the best interest of the public. Mr. Young stated he does not feel the press should be included in executive, iisessions, pointing out that there have been occasions when questions concerning ;tiiindustries have been discussed and t~t he would not care to have the press present !}at such discussions ii Mr. Dillard voiced the opinion that the from preventing press making public .iimatters discussed in executive session would be interfering with the freedom of the press. ' Mr. Wheeler stated that he feels such a restriction on the press would be :harmful to them rather than helpful. 33 Mr. Garland stated that he feels Council should udopt n Resolution establishing u policy that only personalities and reul estate sill he discussed in executive sessions. Mr. Pollard stated that he feels Council hss the prerogative to discuss whatever it wishes in executive session end thus this privilege should not be relinquished to anyone. Hr. Jones Stated that be would lihe to see a committee of Council appointed to confer with representatives of the news uedia for the purpose of discussing both sides of.the question, Mr, Garland moved that the City Attorney be directed to prepare the proper measure establishing a policy of Council that only matters pertaining to personali- ties, real estate and industrial development will be discussed in executive session, Mayor Stellar relinquished the Chair to second the motion, At this point, the City Attorney explained that Section 10 of the City Charter requires that all meetings of Council shall be public, except where the public interest may require executive sessions. ! Mr. Mheeler placed in nominntion the name of L. E. Paxton. Mr. Dillard placed in nomination the name of Millinm Mr. Mheeler moved that tho nominations be closed. The motion mas seconded by Mr. Young and unanimously adopted, Dr. L. E. P~xton mos elected as a School Trustee for the City of Roanoke for n term of three years ending June 30, 1966. by the following vote: FOR DR. PAXTON: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ Mr. William C. Plttman nas elected as a School Trustee for the City of Roanoke for o term of three years ending June 30, 1966, by the follo~ing vote: FOR MR. P1TTMAN: Messrs. Dillard. G~rland, Jones. Pollard, Wheeler. ~oung and Mayor Stoller ......................... 7. LIBRARIES: Mayor Stoller called to the attention of Council that the terms of Mrs. Barton W. Morris, Sr., Mrs. Ceorge A. Layman and Mr. Hubert S. Leonard ss m~mbers of the Roanoke Public Library Board expired June 30, 1963, and called for nominations. Mr. Pollard placed in nomination the name of Mrs. Barton W. Morris, Sr. Mr. Jones placed in nomination the name of Mrs. Ralph E. Bowles. Mr.Garland placed in nomination the name of Ilubert So Leonard. Ur. ~heeler moved that the nominations be closed. The motion Has seconded by Mr. Young and unanimously adopted. Mrs. Barton W. Morris, Sr., Mrs. Ralph K. Boules and Mr. Hubert S. Leonard were elected as members of the Roanoke Public Library Board for a term of three years endin9 June 30, 1966, by the follo~ing vote: FOR MRS. MORRIS, MRS. BOWLES AND MR. LEONARD: Messrs. Dillard, Garland, ~Jones. Pollard, Wheeler. Young and Mayor Stoller ........................ 7. ZONING: Mayor Stoller pointed out that there is a vacancy on the Board of Zoning Appeals due to the resignation of Mr. S. H. Barnhart and called for nominations tO fill the vacancy. Mr. Young placed in nomination the name of James Y. Neal. Mr. Jones moved that the nominations be closed. The motion was seconded ~iby Mr. Nheeler and unanimously adopted. Mr. James Y. Neal ~as elected as a member of the Board of Zoning Appeals !to fill the unexpired term of Mr. S. D. Harnhart ending December 31. 1965, by the =follo~ing vote: FOR MR. NEAL: Messrs. Dillard, Garland, Jones. Pollard, Wheeler, Young ~sndMayor Stoller ...................... 7. On motion of Mr. Young, seconded by Mr. Pollard and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: City Clerk .36 COUNCIL, REGULAR MEETING, Monday, July 15, 1963. The Council of the City of Roanoke net In regular meeting in the Hustings Court Roqm in the Municipal Building, Monday, July 15, 1963, et 2 p.m** the regular meeting hour, with Vice Mayor Garland presiding. PRESENT: Councilmen Benton O. Dillardt James E. Jones, ROY R~ Pollard, St.. Vincent So Nh*el.r, Nalter Lo Young and Vice Mayor Robert A. Garland ......... ABSENT: Mayor Murray A. Stoller ........................................1, OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph Nhittle, City Attorney, and Mr° J. Robert Thomas, City Auditor. INVOCATION: The meeting Mas opened with a prayer by the Reverend Mayes,. Pastor, Belmont Methodist Church° MINUTES: Copy of the minutes of. the regular meeting held on Monday, July 1, 1963, having been furnished each member of Council, on motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with add the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS; PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Pursuant to notice of advertisement for bids on the construction of the building and the installation of a monorail bucket hoist in connection with the project for modernization of the Roanoke Municipal Xncinerator Plant, said proposals to be received by the City Clerk until 11:00 a.m., Monday, July 15, 1963, and to be opened at 2:00 p.m., before Council, Vice Mayor Garland 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 Vice Mayor instructed the City Clerk to proceed with the opening of the bids; ~hereupon, the City Clerk opened and read the following bids: Contract A - Construction of Buildino Alternate No. A-I So Lewis Lionberger Co. - $ 111.500 Deduct $1,140 H. A. Lucas & Sons, Inc. - 110,000 Deduct 600 J. M. Turner & Co., Inc. - 129,400 Deduct 1,300 Contract B - Monorail Bucket Hoist Alternate No. B-1 Harnischfeger Corp. $ 33,2B6 No Hid On motion of Mr. Dillard, seconded by Mr. Young and unanimously adopted, the bids were referred to a ~o~mittee composed of Messrs. Vincent 5. ~heeler. Chairman. Roy R. Pollard. Sr., and Benton O. Dillard for tabulation, report and recommendation to Council. STREETS AND ALLEYS: COuncil having previously set a public hearing for 2:00 p.m., July 15, 1963, on the request of Richard R. Hamlett and Nancy M. Hamlet* 37 that a 12-foot alley extending from the westerly side of Dennis*on Avenue. S. into the property situated at the westerly corner of Dennis*on Avenue and Men*over Avenue. which said alley runs parallel to Uestuver Avenue a distance of approxloatell 256 feet. be vacated, discontinued and closed, the matter was before the body. In this connectione Hr. Hampton N. Thomase Attorneye representing the petitionerse appeared before Council in support of the request. The following report of the City Planning Commission reconnending that th*ii request be granted, nas brought to the attention of Council: "June 6, 1963 The Honorable Murray A. St,lieF. Mayor. and Members of City Council Hoanoke. ¥irginia Gentlemen: In its June 5, 1%3 meeting the City Planning Commission considered the above alley closing request. It was learned that the closing of this alley would permit more advantageous and desirable subdivision of land owned by the applicant to be re-used for construction of residences. A subdivision plat submitted by the applicant to the City Planning Department, is presently being studied and is ready for approval. The Planning Commission concluded that the proposed alley closing would not adversely affect existing conditions, but would permit better use Of residential property. The Planning Commission therefore recommends to City Council to 9rant the above request and vacate, discontinue and close portions o$ an alley between West.vet Avenue and Dennis*on Avenue, the city to retain all necessary easements for public utilities. Respectfully submitted, S/ W erner K. Sensbach for B. N. EMbank Vice-Chairman" Council having appointed viewers in connection with the request, the viewers submitted their report, advising that they have viewed the alley and adjacent neighborhood and are unanimously of the opinion that no inconvenience would result. either to any individual or to the public,'from vacating, discontinuing and closin9 same. At this point, Mayor St.lief ar~ivcd at the meeting. No one appearing in opposition to the proposed closing of the alley, Mr. J~nes moved that Council concur in the recommendation of the City Planning Com- mission and that the following Ordinance be placed upon its first reading: (#15316) AN ORDINANCE vacating, discontinuing and closing that portion of a certain unopened alley, twelve (12) feet in width, extending from the westerly side Of Denntston Avenue, S. W., into the property situated at the ~esterly corner intersection of Dennis*on Avenue, S. M., and Westover Avenue, S. ~o, which said alley runs parallel to Mestover Avenue. ~. W., in the City of RoanGke, Virginia. WHEREAS, Richard R, Hamlett and Nancy M, Hamlett, husband and wife, and Rosava Investment Corporation, a Viroinia Corporation, heretofore made application to the City of Roanoke, Vlrginia~ that the portion Of alley hereinafter described be peimanently vacated, discontinued and closed after having first posted notice of the intended application as provided by law; and 38 · RHEREAS, the Council of the City of Roanoke, Virginia, on the 20th day of May, 1963, adopted Resolution No. 1523T, appointing Messrs, R, R, Ouick, G. F. Kefauver, Jo W, Boswell, Aylett fl, Coleman and Roy L, Mastin, Jr** as viewers to view the aforesaid alley and report in writing, pursuant to the provisions of Section 15-766 of the Code of Virginia of 1950, ns amended, whether In their opinion, any and if any, what, Inconvenience would result from discontinuing the same; and RBRR£AS, said viewers did visit and view the aforesaid alley and the adjacent neighborhood and did report in writing that in their opinion no incon- venience would result either to any individual or to the public from vacating, discontinuing and closing said alley; and NIIER£AS, this matter has been referred to the Planning Commission of the City of RoanoRe, Virginia, which said Commission has approved the permanent vacating, discontinuing and closing Of said alley as requested; and WHEREAS, a public hearing on the aforesaid application to permanently vacate, discontinue and close said alley was held, after a notice thereof was duly advertised in The Roanoke World-News on June 2D, 1963, advising the public of the said public hearing before this Council on July 15, 1963, at 2:00 o'clock P. M.. on said day, at which meeting there was expressed no objection or opposition to vacating, discontinuing and closing said alley; and ~IIEREAS, in the opinion of this Council, no inconvenience to the public or to any owner will result if said alley be vacated, discontinued and closed for the purposes set forth in the aforesaid application as requested. 7tlEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alley located in the City of Roanoke, Virginia, shown on Sheet No. 133 of the Tax Appraisal Map of the City of Roanoke, Virginia, more particularly described as follows, to-wit: 7hat portion of a certain unopened alley, 12 feet in width, extending from the westerly side of Dennistoa Avenue, $. into the property situated at the westerly corner inter- section of Denniston Avenue, S, Wu, and ~estover Avenue, S. which said alley runs parallel to Nestover Avenue, S. ~., a distance of approximately 256.00 feet, through a part of Lot 4, and all of Lots 5, 6, 7, D and g of Block 7, Roanoke Ghent : Map. be and the same is hereby permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virginia, and the public in and to the same be and they are hereby released insofar as the Council is empowered so to do, the City of Roanoke reserving unto itself, however, a perpetual easement fori sewer lines, drains, water lines and other public utilities which may now be located in and over the aforesaid alley. BE 17 FURTB£R ORDAINED that the City Engineer be and he is hereby directed to mark 'Permanently Vacated, Discontinued and Closedw said alley on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, ua which said alley is shown, referring thereon to the book and page of Ordinances and MesoluLlon of the Council of the City of Roanoke, Virginia, uhereJn this Ordinance shall he spread; and the Clerk is directed to transmit an attested copy hereof to the Clerh of the Bustings Court of the City oF Roanoke for recordation in said Clerk*s OFfice. Mr. Jones moved the adoption of the Ordinance. The motion mas seconded by Mro Pollard and adopted by the folloulng rote: A¥~q: #essrs. Dillard, Jones, Pollard, Stoller. Nbeeler, Young and Vice Mayor Garland ............................. 7. NAYS: None ..........................O. Vice Mayor Garland then relinquished the Chair to Mayor Stoller. ZONING: Council having previously set a public hearing for 2:00 July 15, 1963, on the request of Mr. Don D. Snake, et al., that property located on the southwest corner of Colonial Avenue and Twenty-first Street, S. M., described as Lots 9 and 10, Block 3. Colonial Beights, Official Tax Nos. 1271209 and 1271210, be rezoned from General Residence District to Business District, the matter was before the body, In this connection, the followin9 report of the City Plannin9 Commission, recommending that the request for rezoning be denied, was brought to the attention of Council: ~June 6, 1963 The Honorable Murray A. Stoller, M3yor, and Members of City Council City of Roanoke, virginia Gentlemen: In its June 5, 1963 meeting the City Planning Commission considered the above rezoning request. Mr. J. Thomas Engleby, III, attorney for the petitioners, informed the City Planning Commission that a one-story office building was planned for this location. It was the intent of the petitioners to provide office space for law firms, accountants or architectural firms. Mr. llarry McKinney, Jr., appeared for the purpose of objectin9 to the proposed rezoning, indicating that he was authorized by his neighbors and the Colonial Heights Civic League to do so. The Planning Commission noted that this residential area, located across from a new shopping center, had retained its attractiveness and desirability as a place to live and that new residential con- struction is presently underway close to the lots for which rezonlng is requested. It was concluded that the proposed commercial use would be undesirable and detrimental to existing homes. The City Planning Commission therefore recommends to City Council that the above rezoning request be denied. Respectfully submitted, 5/ Werfler K. Sensbach for B. N. Embank ¥ice-Chairman~ Mr. J. Thomas Engleby, III, appeared before Council and advised that subsequent to the hearin9 before the City Planning Commission he talked with Mr. McKinney and showed him plans for the buildin9 proposed to be constructed on the property if it ia rezoned and Mr. McKinney advised him he did not feel the Colonial Heights Civic League nor other residents in the area would have any objections, Mr. McKinney having aigned a statement to this effect. S9 40 The City C)erk brought to the attention of Council a communication from Mr. R. B, Overotreet, 2041Sanford Avenne, S, H,, voicing the opinion that a nice office building ~ould greatly improve the neighborhood, Everyone having been given an opportunity to be heard on the matter, Hr, Hheeler moved that the request for rezoning be granted and that the following Ordinance be placed upon its first reading: (#15317) 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. MREREAS, application has been made to the Council of the City of Roanoke to have Lots 9 and !0, Block 3, Map of Colonial Heights, Official Tax Nos. 1271209 and 1271210. respectively, at intersection of Colonial Avenue and 21st Street, S, rezoned from General Residence District to Business District; and hREREA$, the City Planning Commission has recommended that the hereinafter described land not be rezoned from General Residence District to Business District; and RIIEREAS. notice required by Title XV0 Chapter 4, Section 43. of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in 'The Roanoke ~orld-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 15th day of July, 1963. at 2 p.m,t before the Council of the City of Roanoke, at which hearing all parties in interest and citizens ~ere given an opportunity to be heard both for and against the proposed rezoning; and · HEREAS, 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 Colonial Avenue at intersection with 21st Street, 5. and described as Lots g and 10, Block 3, Map of Colonial Heights, designated on Sheet 127 of the Zoning Map as Official Tax Nos, 1271209 and 1271210, respectively, be, and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. Mr. ~heeler moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the following vote: Mayor Stoller ........................... 7. l NAYS: None ................... O, PETITIONS AND COMMUNICATIONS: BUILDINGS-HF-~LTH DEPARTMENT: A communication from Mr. Carl F, Williams, i: 1016 Tipton Avenue, S. E., complaining of the condition of an unoccupied residence at lOl4 Tipton Avenue, S. E,, was before Council. In this connectioneoHr ¥illisms oppenred before Council and urged that something be done to remedy the situation, pointing out that weeds hare been allowed to grow up in the yard surrounding the house creating o refuge for snakes, On motion of Mr. Young, seconded by Mr, Mheeler and unanimously adopted, the matter was referred to the City Manager for study and report to Council. REFUNDS AND MEBATES-LICENSES: A commnnication from Mr. Raymond Mo Castett requesting that he be reliered of making payment of the second installment of license taxes for operation of the Paradise Kitchen at 324 First Street, N, M.. since the building was destroyed by fire on April 24t 1963. wos before Council. In this connection, Hr. Cassett appeared before Council and advised that so far the owner of the property has done nothing toward restoring the building; therefore, he does not know at this time whether or not he will be able to resume his restaurant business at that particular location. Mr. Cassett poJntlng out that the o~ner of the property was covered by insurance, but that he was not. The City Attorney pointed out that he has repeatedly advised Council one applying for a city license at the be§innin9 of the year is required to pay for the entire year whether he discontinues business prior to the end of the year or not and in his opinion Council should follow applicable laws in all such instances until it elects to amend its Ordinances. Mr. Pollard stated that he thinks there are times, especially in hardship cases, when Council should grant such requests and moved that the City Attorney be directed to prepare the proper measure relieving Hr. Cassett of payment of the second installment of the license taxes in question, The motion was seconded by Mr. Garland and adopted, Mr, Dillard voting no because he does not feel Council should violate its osn laws and because granting such a request merely opens the door to further requests. SIMEETS AND ALLEYS: A communication from Mr° James Po Harts Jr., Attorney, representing Mr. and Mrs. Arnold Schlossberg, requesting that a 20-foot alley south of Loudon Avenue, N. No, west of First Street, be vacated, discontinued and closed, and agreeing to dedicate a 20-foot strip of land ~est of the existing alley for a new alley, was before Council. In this connection. Mr. Hart appeared before Council a.d requested that viewers be appointed to study the matter, On motion of Br° Jones, seconded by Mr. Garland and unanimously adopted, the request for closing the alley was referred to the City Planning Commission for studyf report and recommendation to Council. Mr, Outland then offered the following Resolution providing for the appointment of viewers: (g15318) A RESOLUTION providing for the appointment of five freeholders as viewers in connection with the petition of Arnold Schlossberg and Alice $chlossberg to permanently vacate, discontinue and close a portion of a certain alley located in the City of Roanoke, Virginia, in the block south of London Avenue. N. ~o, and wast of First Street, N. (For full text of Resolution~ see Resolution Book No. Mr. Garland moved the adoption of the Resolution. The motion was seconded ih! Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and iRa~or St,lief ......................... 7. NAYS: None ................... O. ZONING: A communication from the Right Reverend Peter Rabll, requesting that the rear of his property located on the north side of Melrose Avenue, N. M., east of Country Club Drive. Official Tax No. 2660§01, be fez,ned from General Residence DistFlct to flusiness District. was before Council. On motion of Mr. Pollard. seconded by Mr. Jones and unanimously adopted. the request for F,zoning was referred to the City Planning Commission for study. report and recommendation to Coancll. IIEALTH DEPARTMENT-SEWERS A~D STORM DRAINS: A communication from Mrs. R. J. Shelton, R041Ken~ood Boulevard, S. E., 3dvising that there are an unusually large number of mosquitoes in the area due to stagnant Hater around the Sewage Treatment Plant and requesting that the situation be remedied, was before Council. accepted. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (n15320) AN ORDINANCE further amending, in part, certain provisions iheretofore made in Ordinance No. 14697, providing for the acquisitiou of certain real! i;estate wanted and needed by the City for the widening of Salem Avenue, S.W., between lst and 2nd Streets, S. M.; and providing for an emergency. I (For full text of Ordinance. see Ordinance Book No. 26, page 303.) i 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, Mheeler, Young and Mmyor Stoller ........................... 7. NAYS: None ...................O. Mr. Young then offered the following emergency Ordinance appropriating $693.00: {{15321) AN ORDINANCE to amend and reordain Section ~170. "Capital," cf the 1963 Appropriation Ordinance, and providing for an emergency. IFor full text of Ordinance, see Ordinanue Book No. 26, page 305.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the folio.lng vote: AYES: Messrs. Dillard, Garland, Jones, Pollard. Wheeler. Young and Mayor Stoller ................................. ?. NAYS: None ...................O. BUDGET-WATER DEPARTMENT: The City Manager submitted a written report. advising that the Virginia State Division of Forestry has billed the City of Roanoke in the amount of $1,147.20, representing the city*s share for forest fire suppression costs in connection with the fire which burned a portion of the Carvins Cove property on Brushy Mountain beginning on April 23, 1963, the City Manager recommending that this amount be appropriated. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (:15322) AN ORDINANCE to amend and reordain Section =320, 'General Expense," ~of the 1963 Water Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 26, page 305.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: ii AYES: Messrs. Dlllard. Garland, Jones, Pollard, Wheeler, Young and Mayor ~Stoller ..............................7. NAYS: None ..................O. BUDGET-CITY JAIL: The City Manager submitted a written report, advising he l;has been informed by the City Sergeant that partitions in three rooms in the southeast !wing of the City Jail are being torn out to increase the capacity of the space by {Itwenty men and that the only equipment needed is eight double-deck metal jail bunks : Imith no-sag springs and a safety vestibule to be installed lo the main corridor iileadJng to the Jail area at a total cost of $2.15H.00. the City Sergeant requesting !ithat $2,200.00 be transferred from Food, Medical and Housekeeping Supplies to Other iEqulpeent under Section aaO. 'Jail," of the 1963 budget, for this purpose, After a discussion of the matter. Mr, Jones voicing the opinion that the project should be considered in 1964 budget study, Mr. Mbeeler moved that Council concur in the request and that the following Ordinance be placed upon its first reading: (~15323) AN ORDINANCE to amend and reordain Section ~30, 'Jail," of the 1963 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section =30, *Jail,' of the 1963 Appropriation Ordinance, be and the same is hereby, amended and reordained to read as follows, in part: JAIL ;$0 Food, Medical and Ilousekeeping Supplies (3) .........$ 32,fl00.00 Other Equipment ..................................... 2.200.00 (3) Pro-rated by prisoner days The motion was seconded by Mr. Youn9 and adopted by the following vote: AYES: Messrs. Garland, Pollard, Mheeler and Young ...................4. NAYS: Messrs. Dillard, Jones and Mayor Stoller ......................3. STREETS AND ALLEYS: Council having referred a plan for establishing a 60-foot street from Mhitentde Street to the bridge over the Norfolk and Western Railway Company tracks in accordance with Plan No. 4706 on file in the office of the City Engineer to the City Manager for the purpose of bringing said plan up to date and submitting an estimate of the cost of the project, the City Manager submitted a written report, together with the following report of the Director of Public Works: 'INTERDEPARTMEN~ COMMUNICAT ION DATE: July 11. 1963 TO: Mr. Arthur S. Owens. City Manager FROM: H. Cletus Hroyles, Director Of Public Works In connection with the closing of a portion of Itollin$ Road, N. E.. south of Preston Avenue, which closing nas requested by Diamond Plastics. Inc., citizens of the llollins Road areaappeared before City Council and requested that a new connecting road west of the Rollins Road Bridge over the Norfolk and Western tracks be constrncted south of Huntington Ooulevard to tie fn with the newly constructed Whiteslde Street. This connecting street, in past years, nas approved by the Planning Commission and has been before City Council on one or more occasions. As directed by City Council at its meeting on Monday, July 8. 1953. the following is a cost estimate to accomplish thin new con- nectJn9 road: Land Acquisition $3,000.00 Grading 1,500.00 Paving 4,000.00 Total ~0,500.00 The grading and paving could be accomplished by City forces durin9 the fall and winter months and it is my feeling that this work could be sandwiched in with our normal street construction ~ork without requiring an additional appropriation, as far as the pavin9 and grading is concerned. It is recommended that Council authorize the City Manager to acquire the necessary right of may to make this connection and that the amount of $3,000 be appropriated to coversame. Attached hereto is a plat shouing in #red# the land to be acquired. S! Xt Cletus ~rgyles Director Of Public Marks# Mr. Nheeler moved that the City Manager be directed to negotiate for the necessary right of way and offered the followin9 emergency Ordinance appropriating $3,000: (~1S324) AN ORDINANCE to amend and reordain Section ~140. 'Street Construction," of the 1963 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 306.) 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, Yo~n9 and Mayor Stoller ................................. NAYS: None ...................O. BUDGET-LIBRARIES: The City Manager submitted a written report, aduising that the Raleigh Court Branch Library is infested with termites, and recommended that $160 be transferred from Materials-Duilding and Pro~ rty to Maim Chance of Building and Property under Section ml2l, =Libraries," of the 1963 budoet, for termite control at the Raleigh Court Branch Library. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15325) AN ORDINANCE to amend and reordain Section Cl21,"Libraries.' of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 306.) Mr. Dillard moved the adoption o£ 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 ..................... ? ........... NAYS: None ...................O. BUDGET-STREETS AND ALLEYS-SIDEWALK, CURB AND GUTTER: Council having previously accepted offers of property owners to donate land for the widening of Mabry Avenue, S. E., between Yentnor Road and Moran Street, in exchange for curb and gutter and other considerations, and having awarded a contract for the project to the H ~ S Construction Company in the amount of $4.T13.50, fhe City Ranager submitted a written report, adrising that the project has been paid for out of funds allocated for sidewalk, curb and gutter construction, and that since there is a backlog of sidewalk, curb and gutter work to be done, it is recommended that a special appro- priation of $4,713.50 be made to offset the cost of the Mabry Avenue project. After a discussion of the matter, Mr. Jones pointing out that at the time Council approved the project it was assured sufficient funds were available in the 46 1963 budget for said project, Mr. Dillard moved that Council concur in the report of the City Manager and offered the'follouing emergency Ordinance appropriating $4,?13.5~: (si$326) AN ORDINANCE to amend and reordain Section #140, "Street Construction.# of the 1963 Appropriation Ordinance. and providing for un emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 307.) Mr. Dillard moved the adoption of the Ordinance. The motion was second ed by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, lheeler and Young ............5. NAYS: Mr. Jones and Rayor Stoller .....................................2-i ZONING-SETBACK LINES-TRAFFIC: Council having previously directed the City Msnager to ascertain from the Virginia Department of Highways the status of various highway projects entering the City of Roanoke with a view of Biting relief from heavy truck traffic to residents of the Brandon Avenue area in the not too distant future, he submitted a written report, together with the following report Of the Superint endear of Traffic Engineering and Communications: "July 9, 1963 Mr. Arthur S. Owens, City Manager Dear Sir: Reference your memorandum of June 25, 1963. City Council's File No. 51-514-20, regarding Brandon Avenue truck Traffic. Mr. Jack B. Moodson, Jr., contacted Mr. M. E. Fitzgerald. Resident Dighway Engineer, for Roanoke County. concerning the status of the State Route :119 project in Roanoke County. Mr. Fitzgerald stated this work will be let to contract in September of this year. The job is expected to be completed within a two year period. tle could furnish no other completion dates regarding Inter- state BI. 5BI and other projects of local interest. Bowever, he did add that secondary Route 6T3 connecting U. S. Route 220 uith Yellow Mountain Road east of Garden City Blvd. is scheduled for improvements, uhich will also be accomplished in the near future. Any additional information towards alleviating truck traffic on Brandon Avenue should a~ait the completion of the area arterial system report, which is expected to be received now within sixty days. Yours very truly, S/ James D. Sink James D. Sink, Superintendent Traffic Engineering ~ Communications" Mr. Mheeler moved that the report be filed. The motion was seconded by Mr. Garland and adopted, Mr. Dillard voting no because he feels something should be done tO alleviate the situation. WATER DEPARTMENT: The City Manager submitted a written report, advising that he has been l~ormed by the Town of ¥inton that a new subdivision to be known as Chestnut Mountain Estates is being developed in the area between Virginia Route 24 and Virginia Route 634, bounded on the west by the Blue Ridge Parkway and on the east by the Roanoke-Bedford County line, and the developers of the subdivision have requested water and sewer services from the Town of Vinton to serve this derelopment, and that the Town of Vinton has requested that the area-in uhich it is allowed to resell surplus water purchas~J from the City of Roanoke be enlarged to include the Chestnnt Mountain Estates, the City Manager recommending that Council concur in the request. Mr. Young moved that Council concur la the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure granting the request. The motion was seconded by Mr. Dillard and unanimously adopted. APPOINTMENTS-AIR POLLUTION CONTROL: The City Manager submitted a written report, advising that in conformance with Section 2, Chapter 5, Title IV, of The Code of the City of Roanoke. 1q$6. he is appointing Mr. I. Jones Keller as Air Pollution Engineer, subject to the approval Of Council. In this connection, Mr. $. Albert Trompeter appeared before Council, pointing out that Mr. Keller has been doing the work of the Ueatlng Inspector and the Air Pollution Engineer as well since the first of the year, and voiced the opinion that the two positions should be combined. After a discussion of the question of combining the two positions. Mr. Dillard offered the folio]lng 8esolution approving the appointment of Mr. Keller as Air Pollution Engineer: (=15327) A RESOLUTION appointing I. Jones Keller as Air Pollution Engineer of the City of Roanoke. (For Full text of Resolution, see Resolution Book No. 26, page 307.) Mr. Dillard 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, ~heeler, Young and Mayor Stoller ................................. 7. NAYS: None ...................O. Mr. Young then moved that the matter of combining the positions of the Beating Inspector and the Air Pollution Engineer be referred to the City Manager for study and report to Council, prior to the filling of the position of Heating Inspector by the City Manager. The motion was seconded by Mr. Nheeler and unanimously adopted. REPORTS: The City Manager submitted a written report, transmitting a report Of the Department of Public Welfare for the month of May, 1963, and listing monthly departmental reports on file in his office. On motion of Mr. Wheeler, seconded by Mr. Jones and unanimously adopted. the report was filed. REFUNDS AND RERATES-LICENSES: The City Attorney submitted the following I! report with regard to the request of Oasis Restaurant, Incorporated, that it be relieved from the payment of the second half of license taxes for the operation of ~ the All Star Lanes Concession for the year 1963: .48 *July 11, 1963 The Honorable the Council of the City of Roanoke At your meeting of June 24, 1963, you referred to me the request of Mr. M. Calduell Hurler, Attorney, representing Oasis Restaurant. Incorporate6, that his client be relieved from the payment of the second installment of licenses for the operation of the All Star Lanes Concession for the last half of the current tax year. Mr. Butler states in his communication to and less profitable than anticipated, and on or about May 1963. the operation of restaurant facilities by Oasis Restau- business of the All Star Lanes. And the latter business had a City license authorizing it to do business as a retail merchant. Accordingly. upon Oasis' discontinuing, the All Star its retail merchantts license and. in all probability, its floc,ed in the charge it would have to pay for its license to do business during the year 1964, should it continue in business. of this letter. As for an investigation and report. I can only say that. operator, nos, probably, acted ~isely in discontinuing his As 1 have repeatedly advised Council, one applying for City license at the beginning of the year is required to pay the end of the year or not. See Title VI, Chapter B. Section 20, of The Code of the City of Roanoke, 1956. And 1 am informed Respectfully submitted, S! Ran 6. Whittle City Attorney~ opinion that the body established a precedent when it granted a similar request of double payment of license taxes when All Star Lanes purchases its 1964 license. Mr. Dillard voiced the opinion that if Council is going to grant one following vote: AYES: Messrs. Dillard and Garland ..................................... NAYS: Messrs. Jones, Pollard, Wheeler, Young and Mayor Stoller ........ request be denied. The motion was secosded by Mr. Pollard and adopted by the following rote: AYES: Wessrs. Jones, Pollard, Rheeler, Young and Rayor Stoller .........$. NAYS: Messrs. Dillard and Garland ......................................2. ZONING: Council baying previously referred to the City Planning Commis- sion for study, report and recommendation a request of Hr. Jackson E. Summers, Jr., et al., that property located on the north side of Haddock Avenue. N.E.. west of ¥illiamson Road, described as Lots 29-32, inclusive. Block D, Williamson Groves, Official Tax Nos, 3000021 and 3000022. be rezoned from General Residence District to Business District, and a request of Mr. Assaid J. Nackley that adjoining property described as Lots 25-20. inclusive. Block D, Wllliamson Craves. Official Tax Nos. 3000019 and 3000020. be rezoned from General Residence District to Business District. the City Planning Commission submitted a written reporL, recommeeding that the two requests be denied. It appearing that the petitioners have requested a public hearing, Mr. Nheeler moved that a public hearing on the two requests be held at 2:00 p.m., August 12, 1963. The motion ~as seconded by Wr. Pollard and unanimously adopted. ZOninG: Council having referred to the City Plannin9 Commission for study, report and recommendation a request of Rathew H. and Edna p. Jefferson that property located on the northeast corner of Reirose Avenue and Fifteenth Street, N. described as Lots 9 and 10. Block 36, Melrose Land Company, Official Tax Nos. 2221809 and 2221010, be rezoned from Special Residence District to Business District, th~ City Planning Commission submitte~ a written report, recommending that the request be denied. It appearing that the petitioners have requested a public hearing. Mr. Wheeler moved that a public hearing on the request be held at 2:00 p.m.. August 12. 1963. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF CORRITTEES: PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The committee composed of Messrs. Vincent S. Wheeler, Chairman, Benton O. Dillard, and Roy R. Pollard, Sr., submitted a .ritten report, together with plans and specifications for modernizing the furnaces in the Roanoke Runtcipal Incinerator Plant, the committee recommending that the plans and specifications be approved and that the City Hanager be authorized to advertise for bids on the project to be received August S, 1963. Hr. Wheeler moved that Council concur in the recommendation of the committee and offered the following Resolution: (o15328) A RESOLUTION approving the plans and specifications as prepared by Eubank, Caldwell and Associates for the full and complete renovation of the boiler works for the incinerator, all requisite ne~ grates, masonry work, vents and ducts In connection with the City's municipal incinerator plant; and directing the City Manager to lawfully advertise for bids therefor. (For full text of Resolution. see Resolution Book No. 26. page 308.) 5O Hr. Rheeler moved the adoption of the Resolution. The motion was seconde by Hr. Dillard and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones, Pollard. Rheeler, Young and Mayor Stoller ............. ~ .................... NAYS: Roue ...................O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 15302, vacating, discontinuin9 and closing that portion of Dethel Street, N. W., extending southerly from Signal Hill Avenue. having previously been before Council for its first reading, read anJ laid over, was again before the body, Hr. Mheeler offering the following for its second reading and final adoption: (=15302) AN ORDINANCE enacted pursuant to the provisions of Section i§D765 of the Code of Virginia (1950). as amended to date, providing for vacating. discontinuing and closing that portion Of Bethel Street. N.W., extending southerly from Signal Hill Avenue. situated in the City of Roanoke, State of VirsJflifl, and hereinafter more particularly described. (For full text of Ordinance, see Ordinance Dook No. 2b, page 297.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the followin9 vote: AYES: Messrs. Dillard, Garland. Jones, Pollard, Wheeler, Young and Mayor Stoller .................................. 7. NAYS: None ...................O. STREETS AND ALLEYS: Ordinance No. 15303, vacating, discontinuing and closin9 a portion of Old Hollins Road, N. E., and a part of a road rioht of way of and old bridge crossing Timber Creek, haydn9 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: (~15303) AN OiDINANCE vacating, discontinuing and closing a portion of Old Hollins Road, N, E., and a portion of the road right-of-way of an old bridge crossing of Tinker Creek which street and road right-of-way are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No, 26, page 299o) 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 Rayor Stoller .................................. 7. NAYS: None .................. O. STREETS AND ALLEYS: Ordinance No. 15304, vacating, discontinuing and closing a certain 15-foot alley running through Block 13, Hyde Park, from Seventeenth Street to Eighteenth Street, N. W., parallel to Shenandoah Avenue and Center Avenue having previously been before Conncll for Its first reading, read and laid over, mas again before the body, Mr. Young offering the folloming for its second reading and final adoption: (n15304) AN ORDINANCE consenting to the vacating, discontinaing and closing of that certain alley approximately IS feet in width running through Block 13, Map of Byde Park Land Company, betueen l?th and IBth Streets, N. W.o parallel to Shenandoah and Center Avenues, N M** approximately 400 feet in length. (For full text of Ordinance, see Ordinance 8,ok No. 2G, page 300.) 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. SIGNS: Council having directed the City Attorney to prepare the proper measure granting permission to the Roanoke Industrial Center to erect a sign on city property on Ninth Street, S. E., just to the left of the entrance to the bridge, showing the name of the street and the number of the building of the tenants at the Roanoke Industrial Center, he presented same; whereupon, Mr. Wheeler offered the following Resolution: (n15329) A RESOLUTION grantinG a permit to Roanoke Industrial Center to install a sign on City property. (For full text Of Resolution, see Resolution Book NO. 26, page 30~.) Mr. Wheeler moved the adoption of the R~solution. 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. BRIDGES: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to enter into an agreement, for and on behalf of the City of Roanoke, with the Norfolk and Western Railway Company. with regard to the installation of a new concrete deck on the Thirteenth Street Bridge, he presented same; wherenpon, Mr. Pollard offered the following Resolution: (~15330) A RESOLUTION amending a proposed agreement between the City and the Norfolk and Western Railway Company so as to providefor increasing the width of the roadway over the 13th Street Bridge two feet on each side to establish a curb to curb width of 44 feet; and authorizing the City Manager to execute the same, as so amended, for and on behalf of the City of Roanoke. (For full text of Resolution, see Resolution Book NO. 26, page 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, Nheeler and Mayor Stoller ................................. NAYS: None .................. O. (Mr. YounG not voting) 52 PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure authorizing the temporary use of a portion of the Muse Spring property for a Little League baseball diamond, he presented sane; whereupon, Mr. Young 'offered the following Resolution: (n1S331) A RESOLUTION authorizing the temporary use of n portion of the Ruse Spring real estate, by the Department of Parks and Recreation, for · Little League baseball diamond. (For full text Of Resolution, see Resolution Book No. 26, page 310.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: AXES: Messrs. Dillard. Garland, Jones. Pollard. Rheeler. Young and Mayor Stoller ........................... NAYS: ~one ................... O. ROTIONS AND MISCELLANEOUS BUSINESS: PARKS AND pLAYGROUNDS: Mayor Stoller presented a petition signed by twenty-seven residents of the area in the vicinity of Moodrow Milson Junior High School, requesting that the city-o~ned plot of land approximately in front of the MoodroH Milson Junior Iligh School be used as a play area for children. Mr. Jones moved that the matter be referred to a committee composed of Messrs. Benton O. Dillard. Chairman. Robert A. Garland and Murray A. Stoller for study, report and recommendation to Council. The motion was seconded by Mr. Pollard and unanimously adopted. HOUSI~G -SLUM CLEARANCE: Mayor Stoller brought to the attention of Council a vacancy on the City of Roanoke Redevelopment and Housing Authority due to the death of Mr. William P. Booker and called for nominations to fill the vacancy. Mr. Garland placed in nomination the name of Murray A. Stoller. Mr. Jones moved that the nominations be closed. The notion Has seconded by Mr. Nheeler add adopted. After a discussion of the matter. Messrs. Dillard and Pollard Voicing the opinion that the Redevelopment and Bousin9 Authority and City Council should remain separate and that politics should not be brought into the Redevelopment and Housing : Authority, and other members of the body vol: ing the opinion that Council should be represented on the Authority, Mayor Murray A. Stoller Has elected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill the unexpired term of Mr. Rllliam P. Booker ending August 31, 1966, by the following vote: FOR MAYOR STOLLER: Messrs. Garland, Jones, Wheeler, Young and Mayor Stoller ............................................................5. AGAINST MAYOR STOLLER: Messrs. Dillard and Pollard ...... BUDGET: Mayor Stoller brought to the attention of Council and relinquish~ ed the Chair to move that the City Auditor and the City Ranager be requested to furnish Council a list of appropriations which have been made since the 1963 budget was adopted and to submit an estimate of the financial position of the city at the year*s end. The motion was seconded by Mr. Jones and unanimously adopted. i, On motion of Hr Rheeler seconded by Mr Young and unnnJuously adopted the meeting uas adjourned. APPROYED I City Clerk #ayor I Monday, July 22. 1963, The Council of the City of Roanoke met In regular meeting at the Huff Lane School, Moodoy, July 22, 1963, at 2 p.m., the regular meeting hour, with Mayor St*liar presiding. PRESENT: Cooncilmen Benton O. Dillard, Robert A. Garland, Vincent S. Mb*el*r, Ralter Lo Young and Mayor Murray A. St*liar .............................. ABSENT: Councilmen James E, Jones and Roy R, Pollard, Sr. ..............20 OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph 6. Mhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. 1N¥OCATION: The meeting nas opened with a prayer by the Reverend Lo C. 55 Mr, Dillard then moved that, in the meantime, the bid of the Picker X-May Corporation he referred to a committee composed of Mr, Mobert A, Garland, Chairman, DFo Mover C, Grady, Mr, D, Cletus Bt*vies and Mr, D. Do Thompson for tabulation, study and report to Council, The motion was seconded by #r, Mheeler and unanimouslyI adopted, PARXS AND PLAYGROUnDS-GARBAGE REMOVAL: Pursuant to notice of advertisemen~ for bids on supplying two brush chippers in connection with the operation of a sanitary landfill at East Gate, said proposals to be received by the City Clerk until 1:00 p.m,, Monday, July 22, 1963. and to be opened at 2:00 p,m., before Council, Mayor St*lief asked if there nas anyone present mhd 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 openin9 of the bids; Mb*reap*n, the City Clerk o~ened and read bids received from the Shaffer Equipment and Supply Company, in the amOunt of $5,404,04; Municipal Sales Company, Incorporated, in the amount of $5,592.26; and Quaker City Tree Surgery Supplies, $5,611,40, Mr. Dillard moved that the bids be referred to a committee composed of Messrs, Vincent S. Nh*el*r, Chairman, Benton O. Dillard, and Roy R. Pollard, Sr., for tabulation and report to Council.. The motion was seconded by Mr, Garland and unanimously.adopted. PARKS AND.PLAYGROUNDS-DARBAGE REMOVAL: Council having previously authorized an experiment with the papercan system of garbage removal in the Dorchester Court section and the South Roanoke section, and having decided to hold its regular ne*ting of July 22, 1963, at the Huff Lane School for the purpose of giving the residents of the Dorchester Court area an opportunity to be heard as to whether or not they like the new system, a delegation of approximately 150 citizens appeared before the body. Mr. J. Wa Bowdel, 2613 Dorchester Drive, N. W., appeared before Council in opposition to the system and raised the question as to who would pay the cost thereof. Mr. Conrite Fizer, 2523 Vancouver Drive, No W., appeared before Council in opposition to the proposed system, protesting that it would be Just another tax if the people are going to have to pay for it and voicing the opinion that the city should bear the cost of the system from the money it will save in reduced personnel in the Sanitation Department. Mr. Wheeler, Chairman of the committee studying the refuse collection problem, advised that the cost of the paper bags is eight cents per bag, that an average of two bags a week will be required, that the cost of a holder is $?.00 and that the cost of a protective shield from animals for those citizens who want them is $?.00, Mr. Mheeler stating his committee plans to recommend that if the system is adopted the city bear the cost of the paper bags and $2.00 of the cost of the first holder. 56 A question-and-answer period cf spproximately ninety minutes between the residents of the Dorchester Court area and representatives of the city followed. At the end cf the question-and-answer period most of those present indicated by a show of hands that they are in favor of the papercan system of refuseI collection and are milling to pay $$,00 toward the cost of the first holder~ the entire cost of any additional holder required and the entire cost of any protective shield required, Approximately six residents indicated by a show of hands that they are opposed to bearing any of the cost of the proposed, system, Mayor Stoller advised the residents of the Dorchester Court area that the results of the public hearing will be taken into consideration when Council mahes a final decision on the matter. pEtITIONS A~D COMMU~ICA?IO~S: STREETS AND ALLEYS: A petitJofl signed by fourteen residents of the 3300 biDeR Of Heywood Avenue, S. M., requesting that said street be paved and blacktopped. was before Council. On motion of Mr. Garland, seconded by Mr. Wheeler and unanimously adopted, the matter was referred to the City Manager for study and report to Council. REFUNDS AND REBATES-LICENSES: A communication from Mr. Paul C. Flegas, requesting that he be relieved of making payment of the second installment of license taxes for operation Of the Busy Dee Restaurant, 111 1/2 Campbell Avenue, $. E., since the building was destroyed by fire on April 22. 1963, and, also, requesting that he be allowed to pay license taxes for 1963 on the actual amount of gross receipts rather than the estimated amount of gross receipts for operation of the Star Barbecue, 4600 Milliamson Road, N. ~., which he operated until June 1, 1963, was before Council. Mr. Garland moved that the City Attorney be directed to prepare the proper measure granting Mr. Flegas relief from making payment of the second installment of license taxes for operation of the Busy Bee Restaurant and that the request of Mr. Flegas with regard to license taxes for operation of the Star Barbecue be denied. The motion was seconded by Mr. Dillard and unanimously adopted. POLICE DEPARTMENT: A communication from Mr. W. Frank Smyth, Jr** Director. Division of Corrections of the Department of Welfare and Institutions, transmitting a report on an inspection of the police lockup by the Division on July 2, 1963, was before Council. On motion of Mr. Wheeler. seconded by Mr. Garland and unanimously adopted, the communication and report were filed. CITY JAIL: A communication from Mr. #. Frank 5myth, Jr.. Director, Division of Corrections Of the Department Of Relfare and Institutions, transmitting a report on an inspection of the City Jail by the Division on July 2, 1963, was before Council. 57 On motion of Mr. Young, seconded by Hr. Mheeler and unanimously adopted, the communication end report mere filed. SERERS AND STORH DRAINS: A Resolution of the Roard of Supervisors of Roanoke County, requesting that the contract between the City of Roanoke and the COdnty Of Roanoke dated September 28, 1954, dealing with the treatment of domestic and commercial mantes, be amended to include a 3?.09=acre tract of land located on the east side of ¥irginia Route 116, north of Virginia Route 62S, mas before Council. Mr. Mheeler moved that the request be referred to a committee composed of Ressrs. baiter L. Young, Chairman, Roy L. Mebber, Arthur S. O~ens, and Randolph G, Rhlttle for study, report and recommendation to Council. The motion nas seconded by Mr, Garland and unanimously adopted, ZONING: Council having referred to the City Planning Commission for study. report and recommendation a request of Rt. E. R. Richardson that property located oo the south side of Janette Avenue. S, M** ~est of Franklin Road, described as Lots 6, 7 and 8, Block 9, Janette Land Company, Official Tax Nos. 1031504, 1031505 and 1031506, be rezoned from Special Residence District to Business District, a communication from Mr. John C. Glasgow, Real Estate Agent, representln9 Richardson, asking that the request for rezonin9 be withdrawn, Nas before the body. Mr. Garland moved that Council concur in the request and that the petition for rezoning be withdrawn. The motion was seconded by Rt. Mheeler and unanimously adopted, PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS-MATER DEPARTMENT: Copy of a Resolution of the Board of Supervisors of Roanoke County, generally ratifying and approving the Preliminary Parks and Open Space Plan for Roanoke County prepared for the Roanoke Valley Regional Planning Commission under date of July 12, 1963, especially as it sets forth as and for parks and open space land portions of Yello~ Mountain and Chestnut Ridge and an area adjacent to Botetourt County situate immediately north of that portion of the Carvins Cove watershed in Roanoke County, and concurring in the application of the City of Roanoke for federal funds to apply on the purchase price of these three areas, was before Council, Rt. Dillard moved that the Resolution, be filed and that the City Clerk be directed to express to the Board of Supervisors of Roanoke County the appreciation of the,Council of the City of Roanoke for its action, The motion was seconded by Mro Mheeler and unanimously adopted. REPORTS OF OFFICERS: APPOINTRENTS-tlEAL~H DEPARTMENT: The City Ranager submitted a written report, advising that he is appointing Dr. W. Allen Barker, Dr, E. G, Gill and Mr, Milliam P, Swartz, Jr., as members of the Board of Health for terms of two years each ending June 30, 1965. On notion of Mr. Garland, seconded by br. Wheeler and unanimously adopted, the report was filed. STREET LIGHTS~ The City Manager submitted a written report, recommending that a street light be installed in the middle of the 1700 block of Twentieth Street, N, Mr, Garland moved that Council concur in the recommendation Of the City Manager and offered the following Resolution: (w15332) A RESOLUTIO~ authorizing the installation of one 2§00 lumen overhead incandescent street light In the middle of the 1700 block of Twentieth (For full text of Resolution, see Resolution Rook ilo, 26, page 314.) "Date: July 17, 1963 for the assistances, this ~eans a decrease of $162,180.69. I wish to call to your attention the addition of a new category M~DICAL ASSISTANCE TO THE AGED, which becomes effective January 1, 1964, Request is nude for administrative funds to provide for saran new positions as follows: I Casemork supervisor ) I Clerk typist D )- Effective: July 1, 1963 3 Social Workers ) and I Social ~orker (#edlcal Assistance to the Aged) )- Effective I Clerk-typist B (#edical Assistance to the Aged) ) January 1. 1964 These positions have been approved by the State Board of Welfare and thc money to cover their costs is included in this budget which I am pre- senting. Costs are shared 50~ state and $0~ local, Salaries for the five positions, effective July 1, 1963. for the remaining five months of 1963 are: I Casemork Supervisor $2,025.00 3 Social Morkers, e $1,575 each 4,725,00 I Clerk-Typist D it250tO0 $8,000.00 (City's share $4,000,00) The request for the administrative money for the salaries for the two positicns for *Medical Assistance to the Aged* will be included in the City's 1964 budget. The two positions for 'Medical Assistance to the Aged* are requested in order to take care of the new program of 'Medical Assistance to the Aged*, which cannot be absorbed by the present staff. The five positions which became effective off July 1, 1963 are needed because (1) of the reduction in the maximum intervals for review of ADC cases to six months (it has been twelve months) and (2) the increased services to public assistance cases generally. These two increases in staff time are being required by the State Board of Welfare. You may receive additional reimbursement in administration over and above 50~, depending on the services given. For these five new positions we can get by until January 1, 1964 with make shift equipment plus the purchase of: 3 desk and chair sets $ B34,00 I transcriber and dictator 773.00 I automobile 1,900.00 $3,507.00 Provision for capital outlay is not included in this budget appropriation but according to the attached letter from Mr. William L, Painter, 'when equipment is needed for new personnel, a request to the State Department in the usual manner will be given consideration at that time'. S/ Bernice F. Jones" In this connection, Miss Jones appeared before Council for a discussion of the proposed budget, pointing out that the employment of the additional personnel requested will reduce the total decrease in the proposed budget from $162,160.69 to $150,673.69. After a discussion of the matter, Mr. Dillard offered the following Resolution approving the proposed budget: (=15334) A RESOLUTION approving the budget of the Department of Public ·elfare for the fiscal year beginning July 1, 1963, and ending June 30, 1964, 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. 26, page 315.) Mr. Dillard moved the ~doption of the Resolution. Mayor Stoller relinquished the Chair to second the motion which was adopted by the following vote: 59 60 AYES: Heasrs. Dillard. St*lief. Wheeler and Vice Chairman Garland ......4.I~ NAYS: Mr. Young ........................................................1.~ (Messrs. Jones and Pollard. absent) Mr. Dillard then offered the following emergency Ordinance providing for the adjustments in the assistances and the employment of additional personnel under Section ~52. *Public Assistance.' of the 1963 budget: (u15335) AN ORDINANCE to amend and r,ordain Section #52. 'Public Assistance,' of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Noe 26, page 315,) Mr. Dillard moved the adoption of the Ordinance. The motion mas seconded by Mr. Garland and adopted by the following vote, Mr. Young pointing OUt that there and he cannot see why the same principle does not apply to city government, however, he will vote for the Ordinance in order that It may be passed as an emergency measure: AYES: Messrs. Dillard. Garland. Wheeler. Young and Mayor St*lief .......5. NAYS: None .............................................................O. (Messrs. Jones and Pollard. absent) BUDGET-AIRPORT: The City Manager submitted a written reportt recommending $1.000 from Motor Fuel and Lubricants for Resale to Maintenance of Building and Property: and ~2.500 from Utilities to Operating Supplies and Materials under Section =OD. 'Airport.# of the 1963 budget. Mr. Garland moved that Council concur in the recommendation of the City Reneger and offered the following emergency Ordinance: (~15336) AN ORDINANCE to amend and r,ordain Section ~DB. *Airport.* of the 1963 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 316.) 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. Wheeler. Young and Mayor Stoller ....... NAYS: None ............................................................ O. (Messrs. Jones and Pollard absent) ZONING: The City Manager submitted a written report, advising that the Commissioner of Buildings has suggested that Section #20. Nuisances. Chapter 4. Zoning. Title XV. of The Code of the City of Roanoke. 1956. be amended by adding a paragraph to require that in a business or industrial district public parking areas shall be graveled and sealed, and paved with asphalt or concrete, and that any lights used to lIluminate said parking areas shall be so arranged as to r,gl,ct the light away from adjoining premises and streets. On motion of Mr. Garland. seconded by Mr. Wheeler and unanimously adopted. the matter was referred to the City Planning Commission for study, report and recommendation to Council. 61 BUDGET-DEPARTMENT OF PUBLIC MELFARE: Ordinance No. 15278, increasing the maximum daily rate for hospitalization of indigent city patients from $26.29 to $27.32. effective 'July 1, 1963, having been voted down on its second reading, the City Manager submitted a written report, together with the following communication from Miss Bernice F. Jones, Director of Melfare: "Date: July 3, 1963 To: Mr. Arthur S. Owens, City Manager From: Bernice F. Jones, Director of Melfare Be: 1963-64 Hospital Contracts Since City Council failed to approve the ne~ maximum rate for hospitalization costs of indigent patients, I am wondering if you can furnish me with instructions On how to handle certain situations. The majority of the hospital contracts are for amounts less than the ne~ maximum rate. I believe only the University of Virginia and the Medical College of Virginia Hospitals are for the maximum amount and the University of Virginia rate will not change until 10-1-63. (The contracts are in Richmond and that is why I cannot he certain of the rates). Is it Council*s intention to allow us to enter into contracts with the hospitals whose per diem rates do not exceed $26.29 (the old rate)? Is Council aware of the fact that our contracts expired on June 30, 19637 Since the hospitals accepted patients prior to June 30th, with the expectations of being paid, how will this now be handled? Can we pay, if there is no contract and if there is no contract, how are limits put on charges? Is it Uouncil*s directive that ~e no longer use the services of the University Of Virginia and Medical College of Virginia Hospitals, although they are the hospitals who administer certain kinds of treatments not available locally? (For instance, cobalt treatments for cancer victims and open heart surgery.) The Richmond office ~ill hold the new contracts until they hear from you. Your help and instruction directives will be appreciated. S/ Bernice Fo Jones' In a discussion of the matter, the City Manager advised that in order to comply with state law with reference to securing funds for hospital contracts it is his recommendation that he be directed to enter into contracts extending the existing rates and excluding the increase from $26°29 to In this connection, Miss Jones appeared before Council and advised that if city patients are sent to the University of Virginia Hospital or the Medical College of Virginia Hospital the city will have to bear the hospitalization costs, Miss Jones pointing out that les city patients are sent to these two hospitals and advising that the Lesis-Gale Hospital will exceed the present maximum rate Of $26.29 by cents. After a discussion of the question, Mr. Garland moved that Council reconsider its previous action in failing to increase the maximum rate. The motion was seconded by Mr. Dillard and unanimously adopted. Mr. Garland then offered the following emergency Ordinance increasing the maximum daily rate for hospitalization of indigent city patients from $26.29 to $27.32: 62 (sI533T) AN ORDINANCE to amend and reordain Section #$0, 'Hospitalization of the 1963 Appropriotfon Ordinance, and prorldJng for aa emergency° (For full text of Ordinance, see Ordinance Cook .No. 26, page 316.) Mr, Garland moved the adoption of the Ordinance. The motion mas seconded by Hr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, ~heeler. Young and Mayor Stoller ........ NAYS: None ................................................. .............. O~ (Messrs. Jones and Pollard, absent) ~ith further reference to the matter, Mr. Hheeler moved that the City Attorney be directed to prepare the proper measure expressing Council*s alarm and dismay at the steady increase lu the maximum rate approved for state reimbursement on State-Local Hospitalization contracts for indigent city patients and requesting that a study of the matter be made by the state before renewal of the contracts when they expire June 30, 1964. The motion was seconded by Mr, Dillard and unani- mously adopted. HATER DEPARYHENT: Council having referred to the City Manager for Jnyestigation and report a request of Mrs, T. B. Burton, 2517 Mayer,st Street, N. that the water pressure in the Ronnd Hill section be increased, the City Manager submitted a written report, advising that he does not believe this is a city problem and is of the opinion property owners should install pumps to provide additional water for their needs mb,re the need persists. Hr. Garland moved that in view of the absence of Mr. Pollard the matter be carried over until the next regular meeting of Council. The motion was seconded by Mr. ~heeler and unanimously adopted. BUILDINGS-HEALTH DEPARTMENI: Council having referred to the City Manager for study and report complaints regarding the condition of unoccupied residences at 1515 Cove Road, N, ~., 1801 Memorial Avenue, S. W., and 1020 Tipton Avenue, S. the City Manager submitted a written report, advising that the question concerning the property at 1515 Cove Road, N, H., is pending in court and the owner of said property plans to raze the dwellin9 in the very near future; that with regard to the house at 1801 Memorial Avenue, S. ~., the City Code provides that mhen a building has deteriorated to a point where the estimated cost Of repairs ~ould be more than 50~ of the value of the building it can be condemned, however, the house in question is structurally sound and repairs thereto would not exceed 50~ of its value; and that a Board of Appraisers is scheduled to appraise the structure on property at 1020 lipton Avenue, S. E., July 30, 1963, Hr. Dillard voiced the opinion that the ~eeds on the Memorial Avenue property are a disgrace and that the City Manager should enforce the provisions of Section 3, Chapter 6, Title lXllI, of The Code of the City of Roanoke, 1956, requiring owners of vacant real estate to cause to be cut therefrom all grass, weedsi' and foreign growth, or fined for violation thereof. After a farther discussion of the matter, Hr. Dillard moved that the City Manager be directed to ascertain whether or not the property at 1801 Memorial Avenue' S, ~., can be declared a public nuisance. The motion was seconded by Mr. Garland and unanimously adopted. Mr Garland then moved that the City Manager also be directed to ascertain mhether or not the property at 1020 Tlpton Avenue, S, E,, can be declared a public nnlsance. The motion was seconded by Rr, Dillard nnd onanimocsly adopted. REFUh~S AND REBATES-LXCENSES: Council having referred to the City Attorney for study, report and recommendation a request of Mr. Gaylord S. Corell, President. Roanoke Valley Motors, Incorporated, that the coopnny be relieved of making payment of the second installment of license taxes assessed against the firm as a retail merchant doing business as an automobile agency in the city since on May IT, l~ba, the company moved to Roanoke County, the City Attorney submitted a written report, pointing Out that the City Code does not provide, for abatement Of the second half of such licenses and that he feels Council should folios applicable laws in all such instances until it elects to amend its City Code, Mr. Garland moved that the request be denied. The motion mas seconded by Mr. Mheeler and adopted, Mr. Dillard voting no. ZONXNG: Council having referred to the City Plannin9 Commission for study, report and recommendation a request of the Bartman Land Corporation, et al., that three parcels of land located on the southerly side of ilershberger Road, N. M., east of Ferncliff Avenue, Official Tax Nos. 24R0110, 24R0111 and 2480141. be rezoned from General Residence District to Business District, the City Planning Commission submit- ted a written report, recommending that the request be denied. It appearing that the petitioners have requested a public hearing, Mr, Young moved that a public hearing on the matter be held at 2:00 p.m,, August 19, 1963. The motion was seconded by Mr. ~heeler and unanimously adopted, ZONING: CounciI having referred to the City Planning Commission for study, report and recomaendation a request of Mr. Ben S. Perdue, et al., that property located on the north side of Brandon Avenue, S. W** west of Grace Street, described as Lots 11-14, inclusive, Block 3, Stratford Court. Official Tax Nos, 1250411- 1250414, inclusive, be rezoned from General Residence District to Special Residence District, the City Planning Commission submitted a written report, recommending that the request be denied. In this connection, the City Clerk presented a communication from Mr. T. L. Plunkett, Jr., Attorney, representing the petitioners, asking that the request for rezoning be withdrawn at this time, Mr. Mheeler moved that Council concur in the request and that the petition for rezoning be withdrawn. The motion was seconded by Mr. Young and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Com- mission for study, report and recommendation a request of The Kroger Company that a 12-foot alley running through Block 71, Melrose Land Company, from Nineteenth Street to Twentieth Street, N. W., parallel with Melrose Avenue and Orange Avenue, be vacated, discontinued and closed, the City Planning Commission submitted a written report, recommending that the request be granted, Cuuncll havlug also appointed viewers la the matter, the rlemers submitted their report, advising that they hare vlemed the said alley and are unanimously Of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing same, #t, Wheeler moved that a public hearing on the matter bo held at 2:03 p,m. August 19, 19&3. The motion was seconded by Mr, Dillard and unauimously 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 June 30, 1963. On motion of Mr. Dillard, seconded by Mr. Garland and unanimously adopted, the report Mas filed, REPORTS OF COMMITTEES: SEWERS AND STORM DRAINS: Council having referred to a committee composed of Messrs. Walter L. Young, Chairman, Roy L. Webber, Randolph 6, Whittle and Arthur S. Owens for study, report and recommendation a request of the Board of Supervisors of Roanoke County that the contract between the City of Roanoke and the County of Roanoke, dated September 28, 1954, dealing with the treatment of domestic and commercial unites, be amended by adding thereto a 13o029-acre tract of land owned by Sue B. Yost, said tract of land being located southwest of the city and adjoining the Bramhleton Court Subdivision, the committee submitted a written rope-t, recommending that the request be granted. Mr. Young moved that Council concur in the recommendation of the committee and offered the following Resolution: (~15338) A RESOLUTION amending the contract of September 28, 1954, between the City of Roanohe and the County of Roanoke, dealing with the treatment of domestic and commercial wastes. (For full text of Resolution, see Resolution Book No. 26, page 317.) 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. Wheeler, Young and Mayor Stoller ....... NAYS: None ............................................................ O. (Messrso Jones and Pollard absent) PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having referred bids on modernizing the incinerator plant and installin9 a bucket hoist to o committee for tabulation, report and recommendation, the committee submitted the following report with regard to Contract "July 18, 1963 Roanoke City Council Roanoke, Virginia Members of C~uncil: Attached hereto is the tabulation of bids for Contract for modernization of the Roanoke Municipal Incinerator Plant Three bids were submitted for Coatract."A". The low bid was submitted by $, Lewis Lioaberger Company, in the amount of This bid includes two (2) roof ventilators, noted on the drawings, but not covered in the specifications. Attached is a letter from Eubanh ~ Caldwell, architects for the City on this project, who recommesd that the contract be awarded to So Lewis Llonberger Company. Your committee also recommends that the contract be amarded to S. Lemis Lionberger Company In the amount of $113,439 and that an appropriation be made in the amount of $113,456,40 to cover the cost of the contract and the advertising costs. Respectfully submitted. S/ Vincent S. ~heeler Vincent S. ~heeler, Chairman S/ Roy R. Pollard, Sr. Roy R. Pollard, Sr. S/ Denton O. Dillard Benton O. Dillard" Mr. Dillard moved that Council concur in the recommendation and offered the following emergency Ordinance accepting the bid of S. Lewis Lionberger Company: (u1533g) AN ORDINANCE accepting the proposal of S. Le~is Llonberger Com~ ny for doing certain work in and about the modernization of the Roanoke Municipal Incinerator plant under Contract "A"; authorizing the execution of a requisite contract therefor: rejecting all other proposals for the doing of said work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, ~heeler, Young and Mayor Stoller ........5. NAYS: None ..............................................................O. (Messrs. Jones and Pollard absent) -BM: Yhe committee then submitted the following report with reference to Contract "July lO, 1963 Roanoke City Council Roanoke, Virginia Members of Council: Attached hereto is the tabulation of bids for Contract '8# for modernization of the Roanoke Municipal Incinerator Plant located en Ollmer Avenue, N. E. Contract "B# covers the furnishing and installation of a monorail system and bucket hoist. One bid nas received for Contract #a# that being by Rarnischfeger Cocporation in the amount of $33,2fl6,00. This firm*s bid also includes an enclosed galvanized steel conductor system at the additional cost of $3,37B.00 to the base bid. Also, a second alternate using standard counter-torque control would give a reduction of $?05.00. Attached hereto is a letter f~om Eubank ~ Caldwell, the City's architects on the project, who recommend that the base bid, together with the two alternates be accepted, makin9 the net total $35,~79.00. Your committee concurs in the recommendations of Eubank ~ Caldwell and recommends that the bid be awarded to Harnischfeger, 66 and that the amount of $3S,G97.40 be appropriated to cover the cost of the contract an4 the advertising costs. Respectfully submitted, S/ YIncent S. lheeler Vincent ~, Mheeler, Chairman $/ Roy B. Pollard, Roy R. Pollard, S/ Benton O. Dillard Denton. O. Dillard' Mr. Nheeler moved that Council concur in the recommendation of the committee and offered the followin9 emergency Ordinance accepting the proposal of Darnlschfeger Corporation: (a15340) AN ORDINANCE accepting the proposal of Harnischfeger Corpora- tion for the furnishin9 and installation of a monorail system and bucket hoist and an enclosed steel conductor system, in and about the modernization of the Roanoke Municipal Incinerator Plant under Contract "H"; authorizing the execution of a requisite contract therefor; and pro?iding for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 319.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote; AYES: Messrs. Dillard. Garland, Mheeler. Young and Mayor Stoller ....... NAYS: None ............................................................. (Messrs. Jones and Pollard absent) The City Auditor advising that there are already some funds in the Incinerator account and that only an appropriation of $135.000.00 is needed, Mr. Mbeeler offered the following emergency Ordinance appropriatin9 $135.000.00: (=15341) AN ORDINANCE to amend and reordain Section si?O, "Capital," 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 sas seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Wheeler, Young and Mayor Stoller .......5. NAYS: None .............................................................O. (Messrs. Jones and Pollard absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIOERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 15316, vacati,ng, discontinuing and closing a 12-foot alley extending from the westerly side of DennJston Avenue, S. ~., into the property situated at the westerly corner of Denniston Avenue and Mestover Avenue, which said alley runs parallel to Westover Avenue a distance of approximatelyl 1256 feet. 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 ireading and final adoption: (u15316) AN ORDINANCE vacating, discontinuing and closing.that portion of a certain unopened alley, twelve (12) feet in aid,b, extending from the uesterly side~ of Dennis,ga Avenue, S. Mo, into the property situated at the westerly corner intersec- tion of Dennis,on Avenue, S. M., and Mast,var Avenue, R. M., which said alley runs parallel to Mast,var Avenue, S. M., in the City Of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 26, page 311.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the f,Il,wing vote: AYES: Messrs. Dillard, Garland, Wheeler, Young and Mayor St,liar ....... NAYS: None .............................................................O. (Messrs. Jones and Pollard absent) ZONING: Ordinance No. 15317, Fez,ming property located on the southwest corner of Colonial Avenue and Y~eflty-first Street, S.M., described as Lots9 and 10, Block 3. Colonial Heights, Official Tax Nos. 1271209 and 1271210, from General Residence District to Business District, havin9 previously been before Council for its first reading, read and laid over. was again before the body. Mr. Garland offer- ing the following for its second reading and final adoption: (~15317) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke. lqS6, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 26, page 313-) Mr. Garland moved the adoption of the Ordinance. The e,,ion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Wheeler, Young and Mayor St,liar ........ NAYS: None ..............................................................O. (Ressrs. Jones and Pollard absent) BUDGET-CITY JAIL: Ordinance No. 15323, transferring $2,200 from Food, Medical and ti,us,keeping Supplies to Other Equipment under Section uao, NJail." of the 1963 budget, to cover the cost of purchasing eight double deck steel jail type bunks and installation of a safety vestibule in the City Jail. 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: (~1§323) AN ORDINANCE to amend and reordain Section gaO. "Jail," of the 1963 Appropriation Ordinance. (For full text of Ordinance, see Ordinance 5,ok No. 26, page 313.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote, Mayor St,liar stating he is still of the opinion the matter should be considered in 1964 budget study, but that he will change his vote to support the Ordinance in order that it may pass: AYES: Messrs. Garland, Wheeler. Young and Mayor St,liar ............... 4. NAYS: Mr. Dillard ......................................................1. (Messrs. Jones and Pollard absent) 67 68 REFUNDS AND REDATES-LICENSES: Council having directed the City Attorney ltD prepare the proper measure relieving Mr. Baymo~ payment M. Gassett of the iisecond installment of license taxes for operation of the PnradheKitchen at 324 First Street. N. W,, since the building was destroyed by fire on April 24, 1963, be i presented same. lo n discussion of the mutter. Mayor Stoller stated it has boca brought to his attention that the 1963 license tax of Mr. Gassett is baaed on the gross receipts of business he did in 1962 and if he reopens the business his 1964 license tax will be lower because it will be based on business done in 1963, Mr. Wheeler stated it is bis understanding the owner of the property in question is in the process of rebuilding the structure destroyed by fire and mw ed that the matter be referred to the City Manager for investigation. The motion vas seconded by Mr. Young and unanimously adopted. SEGREGATION: Mayor Stoller advised that a thorough search of the City Code reveals there is only one chapter therein dealing with segregation and that limits, Mayor Stoller voicing the opinion that the chapter is obsolete and relinquish- ing the Chair to move that the following Ordinance be placed upon its first reading: (=15342) AN ORDINANCE repealing Chapter 5. *Segregation' of Title XXIII. *Misdemeanors and Offenses' of The Code of the City of Roanoke. RE IT ORDAINED by the Council of the City of Roanoke that Chapter 5. 'Segregation' of Title XXIII. 'Misdemeanors and Offenses' of The Code of the City of Roanoke, 1956. be, and said chapter is hereby, repealed. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Stoller, Wheeler, Young and ¥ice Mayor Garland--5. NAYS: None .............................................................O. (Messrs. Jones and Pollard absent) Mayor Stoller pointed out that repeal of the above chapter takes away the special police powers of bus drivers as conservators of the peace in the operation of their buses and relinquished the Chair to move that the following Ordinance be placed upon its first reading: (=15343) AN ORDINANCE to amend Chapter 1. 'Police Force' of Title II. 'Police Force and Courts' of The Code of the City of Roanoke. 1955. BE IT ORDAINED by the Council of the City of Roanoke that Chapter 1. 'Police Force' of Title XI. 'Police Force and Courts' 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 new section being Sec. 2 (a) and entitled *Police powers of bas driver* and reading and providing as follows: Sec. 2 (a). Pglice oowers of bus driver. Every driver, operator or person in charge of any bus operating uholly within the City in the employment of the company operating the same, while actually engaged in the operation of said bus, shall be a special policeman and have all the powers of conservators of the peace in the enforcement of peace and order within and in the immediate environs of such bus. 69 The motion nas seconded by Mr. Garland and adopted by the following vote: AYES: #essrs. Dillard, Stoller. Mheeler, Young and Vice Mayor Garland---$ ~ NAYS: None ..............................................................0 (Messrs. Jones and Pollard absent) ~ MOTIONS AND MISCELLANEOUS BUSINESS: ~ PUBLIC DEPOSITORIES: Council at its meeting on February 20, 1961, having ireferred to a committee composed of Messrs. Vincent S. Mheeler, Chairman, Roy R. !Pollard, St** and Malter L. Young, for study, report and recommendation, a request of The Bank of Virginia that Section 1, Designation, Chapter 3, Public Depositories, Title V, of The Code of City of Roanoke, 1955, be amended to provide for the deposit Of a larger percentage Of all public monies of the city in The Bank Of Virginia, Mayor Stoller advised that the new Security National Dank Of Roanoke has requested a portion of the city*s business, the City Treasurer has stated that it is impossible for him to comply with this section of the Code as it is presently written, and that The Bank of Virginia has asked that action be taken on its original request. Mr. Garland moved that the three matters be referred to the committee in connection with its study. The motion was seconded by Mr. Dillard and unanimously adopted. itOUSING-SLUM CLEARANCE: Council at its meeting on July 15, 1963, having elected Mayor Murray A. Stoller as a Commissioner of the City of Roanoke Redevelopment and Rousing Authority to fill the unexpired term of Mr. William P. Booker ending August 31, 1966, Mayor Stoller stated there is some question as to whether or not ilan official of the City of Roanoke can serve on the Redevelopment and Dousing Authority under present laws. Mr. Garland moved that the question be referred to the City Attorney for a written opinion as to whether or not the Mayor of the City of Roanoke or any city official can serve as a Commissioner of the City of Roanoke Redevelopment and Dousing Authority. The motion ~as seconded by Mr. Wheeler and unanimously adopted. On motion of Mr. Dillard, seconded by Br. Garland and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: /City ~le~ ~'~ Mayor 70¸ COUNCIL, REGULAR MEETING° Monday, July 29, 1963, The Council of the City of Roanohe met in regular meeting at the Crystal Spring School, Monday, July 29, 1963, at 2 p.m., the regular meeting hour, with Mayor Stoller presiding. PRESENT: Councilmen Benton O. Dillard, Robert A. Garland, Roy R. Pollard, St** Vincent S. Mheeler, Walter L. Young and Mayor Hurray A. StolleF .............. ABSENT: Councilman James E. Jones ......................................1, OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr. Randolph Whittle, City Attorney, and Mr. Jo Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. Malker D. Healy, Pastor, First Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, July 15, 1963, 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. BEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Pursuant to notice of advertisement for bids on supplying one tractor and one scraper in connection with the operation of a sanitary landfill at East Gate, said proposals to be received by the City Clerk until 1:00 p.m., Monday, July 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 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 asR. Mr. Il. G. Cole, Jr., Assistant Manager, Rish Equipment Company, appeared before Council and stated the restrictive specifications will not permit his firm to submit a bid, Mr. Cole charging that the specifications were written around one type of tractor which eliminates competitive bidding and requesting that the specifications be broadened in order to permit several firms to bid on said equipment. Mr. George M. Washburn, Jr.. ManaGer, Salem Branch, Remiss Equipment Corporation, appeared before Council and stated that the equipment of his firm meets or exceeds basic specifications in the bid request, but that his firm did not submit a bid because it would not meet the present specifications, Mr. Mashburn agreeing with Mr. Cole that the specifications should be rewritten to include two or more manufacturer*s machines. Mr. H. Cletns Broyles, Director of Public Works, advised Council that the specifications were drawn around one type of equipment because the city needs a piece of equipment which will do the job, will be the most economical in the long run, and, consequently, will be the best buy, Mr. Broyles urging that the members of Council consider the matter not only from the standpoint of the initial cost of the equipment, but from the standpoint of maintenance and operation. After · discussion of the mutter, the City Attorney advising Cooncil that if the body determines an apparent lom bid is not from a responsible bidder then that bid ia no bid at all. Mr, Hbeeler moved that the City Clerk be directed to return the bids unopened and that the specifications for the tractor and scraper be revised so as to allow more than one bidder to neet said specifications prior to readvertising for bids on said equipment, the matter to be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Pollard and unanimously adopted. In a discussion of the matter, Mr. Pollard stated he thinks there is something wrong with the city's method of advertising for bids on heavy equipment and he feels a committee of three members of Council should be appointed to study the question. Mr. Young pointed out that such organizations as the Virginia Department of Highways, the Norfolk and Hestern Railway Company, the Appalachian Power Company. and other industries have had vast experience in securing bids for heavy work equipment and moved that a committee be appointed by the Mayor composed of one representative of the Appalachian Po~er Company, one representative of the Norfolk and Western Railway Company, one representative of the Virginia Department of Highways, one heavy equipment dealer ~ho does not sell equipment to the city and one contractor who uses heavy equipment for the purpose Of adrising Council as to the best method to use in purchasing heavy work equipment for the city. The motion seconded by Rt. Dillard and unanimously adopted. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having previously authorized an experiment with the papercan system of garbage removal in the Dorchester Court section and the South Roanoke section, and having decided to hold its regular meeting of July 29. 1963. at the Crystal Spring School for the purpose of giving the residents of the South Roanoke area an opportunity to be heard as to whether or not they like the new system, a delegation of approximately 150 citizens appeared before the body. Among those appearing in favor of the proposed system ~ere Mr. C. E. Moore. Mr. Thomas p. McGinnis. Mr. O. Halsey Dill. Hr. Lester T. Simpson. Mr. Leonard O. Key. Mr. Robert Goodykoontz. Mr. N. Warren Wellford. Rrs. Daffy P. Dancock. Mrs. Thomas D. Dumphrey s. Jr.. Mr So Robert C. Ragan. Dr s. C. Preston Brumf ield. Jr.. ~rs. Barton Wo Morris. Sro. Rrs. James E. Jones. Rt. Joseph Forman. grs. William D. Richardson. Bra. Jack V. Place. Mr. S. Sounders Gu,front. Jr.. Mrs. Joseph D. Rasttn. ;WrSo Roy L. Bastin and Rt. S. Albert Trompeter. Among those speaking in opposition to the proposed papercan system were i! Mr. J. E. Fogle, Mrs. II. A. Albertson, Mr. J. Ray Cutright, Mr. Francher T. Turner, Mr. M. Carl Andrews, Mr. R. Paul Fultz, Jr., HFS. Wayne C. Metcalf, Mrs. John B. 'Hhitton. Hr. Claude A° Bodges. Mrs. Boskins M. Sclater. Mr. Wayne C. Metcalf. Mr. ii C. D. Maupin and Bt. Gary Davis. ii Those who spoke in favor of the proposed papercan system as a hailed it · 1 more efficient and sanitary method of refuse collection and a step toward progress. 72 Those objecting protested that tree trimmings cannot be placed In the bags, a safety factor is involved In broken glass, additional personnel mill be required by the city to handle the storage and distribution of the bags, it will murk a hardship on some citizens to place the bags on the holders, especially the disabled and aged. the citizens are being required to place the bags on the holders when this responsibility should be assumed by the city, the experiment should have been conducted in a wider area of the city such as the southeast section, the negro section and the upper northwest section to be a truly representative experiment, that Roanoke cannot afford to be the proving ground for a private company in use of the papercan system of refuse collection, and the citizens should not be required to bear any of the cost of the proposed system. A show of hands indicated that approximately half of those present are in favor of the proposed system and the other half opposed. Everyone present having been given an opportunity to be heard on the subject, Mr. Dillard moved that a public hearing on the proposed papercan system of refuse collection be held at the next regular meeting of Council primarily for the benefit of those citizens ~ho do not live in the test areas. Hayor Stoller relinquished the Chair to second the notion which was unanimously adopted. PETITIONS AND COMRUNICATIONS: STREET LICHTS: A communication from the Appalachian Po~er Company, transmitting a list of street lights which were installed during the month of June. 1963. was before Council. On motion of Hr. Pollard. seconded by Hr. Wheeler and unanimously adopted. the communication was filed. ZOHINO: A communication from Hr. J, Albert Ell*ti, Attorney, representing Hr. Posey M. Lan*y, et al., requesting that a 5o3-acre tract of land located on the east side Of Rutgers Avenue. N. W., between Dershberger Road and Edinburgh Drive. Official Tax No. 2270101, be rezoned from General Residence District to Special Residence District, was before Council, On motion of Mr. Wheeler. seconded by Hr. Young and unanimously adoptedf the request was referred to the City Planning Commission for study, report and r~commendation to Council. COMPLAINTS: A communication from Hr. Fred L. Mitchell, Sr., 1023 Thirty- fifth Street, N. W., complaining of the dust emanating from the unpaved driveway and parking lot of Dennis Freight Lines, Incorporated, 3348 Salem Turnpike, N. N.. was before Council. On motion of Mr. Pollard. seconded by Mr. Young and unanimously adopted. the complaint mas referred to the City Manager fur investigation and report to Council. REPORTS OF OFFICERS: BUDGE~-DEPARTMEN~ OF PUBLIC WORKS: The City Manager submitted a written report, transmitting a request of the Director of Public Murks that $12,000 be 73 appropriated to Section z166, 'Overtime Pay Under Job Classification Plan,' of the 1963 badger, to corer anticipated overtime work In the Department of Public Horks for the remainder of the year, Hr. Hheeler moved that Council concur in the request and offered the following emergency Ordinance: (=15344) AN OROINANCE to amend and reordain Section =166, *Overtime Pay Under Job Classification Plan,' of the 1963 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance. see Ordinance Book No. 26, page 321,) Mr, Hheeler moved the adoption of the Ordinance. The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard. Rheeler, Young and Mayor Stoller .................................. 6, NAYS: None ....................O. (Mr. Jones absent) BUDGET-MATER DEPARTMENT: The City Manager submitted a written report, transmitting a request of the Manager of the Mater Department that $2.500 be appropriated to Orertime under Section #330. "Appropriation For Salary and Rage Adjustments Under Job Classification," of the 1963 Rater Department budget, to cover anticipated overtime work in the Mater Department for the remainder of the year, and recommended that the request be granted. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15345) AN ORDINANCE to amend and reordain Section =330, "Appropriation for Salary and Wage Adjustments Under Job Classification," of the 1963 Rater Fund Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinances see Ordinance Book No. 26, page 322.) 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, Pollard, Rheeler, Young and Mayor Stoller .................................. NAYS: None ....................O. (Mr. Jones absent) BUDGET-PAMKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council at its meeting on April 29, 1963, having appropriated $7,000 for extension of the storm drain in Nashington Park in connection with the ~ashington Park Dump, and at its meeting on May 24, 1963, having directed that the dump be closed as of June !, 1963, the City Manager submitted a written report, advising that the storm drain project was started, blt that work on the project sas halted shen Council decided to close the dump, consequently, $5,225 of the original appropriatioo was unexpended, the City Manager recommending that he be authorized to spend approximately $5,000 of this amount to complete a low-lerel bridge to connect the north and south banks of Roanoke River near the western terminus of the Carter property as a part of the Riley Drive project. · In a discussion of the matter, Mr. Dillard pointed out that · committee has been appointed to put Mashing,on Park in proper condition and that he feels the funds should be spent for that purpose, out that since the unexpended funds for extension of Mr, Young pointed the storm drain have reverted to the General Fund by eom an appropriation rather than a transfer mill be required to complete the bridge and moved that the following Ordinance opproprlation $5,000 be placed upon its first reading: (~15346) AN ORDINANCE to amend and reordain Section ~140, 'Street Construction** of the 1963 Appropriation Ordinance. B£ XT ORDAINED by the Council of the City of Roanoke that Section ~140, *Street Construction** Of the 1963 Appropriation Ordinance, be, and the same is hereby, amended and reordained to read as follows in part: $~R£EY CONSFR~CTION #140 Contractors ************************************** $ 9,713.50 The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Pollard, Wheeler and Young .....................40 NAYS: Mr. Dillard and Mayor St.lief ................................... (Mr. Jones absent) pURCHASE OF PROPERTY: Yhe City Manager submitted a written report, trans- mitting an offer of Mr. C. L. Wertz to sell to the City of Roanoke for a net price Of $9,500 O 1.707-acre tract Of land located on the southeast corner of Salem Turnpike and Thirty-sixth Street. N. W., adjacent to the Fairview Elementary School. Mr. Wheeler moved that the offer be referred to a committee composed of Messrs. Benton O. Dillard, Chairman, Robert A. Garland and Murray I. St*lief for study, report and recommendation to Council. Yhe motion was seconded by Mr. Garland and unanimously adopted. PURCDASE OF PROPERTY-PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted a written report, advising that the committee composed of Messrs. Vincent S. Wheeler, Chairman, Benton O. Dillard and Roy R. Pollard, Sr.. requested him to negotiate for the purchase of two pieces of property adjoining the city incinerator for possible future expansion of the incinerator, that the property at 507 Gilmer Avenue, N. E.. has been appraised at $2,750 and the property at 511 Gilmer Avenue, N. E., has been appraised at $6,500, and that the owner of the property at 507 Gilmer Avenue has agreed to sell the property for $3.~00 and the owners of the property at 511Gilmer Avenue have agreed to sell their proper.tv for $7,~00, the City Manager stating he would like directions fram Council as to what steps it wishes him to take. After a discussion of the matter, Council being of the opinion that the offers of the property owners should be accepted, Mr. Mheeler offered the following emergency Ordinance acceptin9 the offer of Mrs. Halide Barb*ur for the property at 507 Gilmer Avenue, N. (w15347) AN ORDINANCE accepting the offer of Dallie Darbour to sell unto the Clt? Lot ~o, 50? GJlmer Avenue, N. E,; and providing for an emergency. (For full text of Ordinance, see Ordinance Oooh No, 26, page 323,) Mr, Mheeler moved the adoption of the Ordinance, The motion was seconded by MFo Pollard and adopted by the following vote: AYES: Messrs, Dillard, Garland, Pollard, Mheeler, Young and Mayor 5toller .................................. NAYS: None ....................O. (Mr, Jones absent) Mr, Mheeler then offered the following emergency Ordinance acceptin9 the offer of Milliam A. and Annie Divers for property at 511Gilmer Avenue, N. E.: (=15346) AN ORDINANCE accepting the offer of Milliam A. and Annie Divers to sell unto the City Lot No. 511011mer Avenue, N. Col and providing for an emergency. (FOr full text of Ordinance, see Ordinance Rook No, 26, page 323.) 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, Pollard, Mheeler, Young and Mayor Stoller ................................... NAYS: None .....................O. (Mr. Jones absent) It appearing there are no funds available in the budget for purchase of the pieces of property, Rro Dillard offered the following emergency Ordinance appro- priating $10,600: (=15349) AN ORDINANCE to amend and reordain Section ~170, 'Capital,# of the 1963 Appropriation Ordinance. and providin9 for an emergency. (For full text of Ordinance, see Ordinance Rook No. 26, page 324.) Mr. Dillard moved the adoption of the Ordinance. The notion was seconded by ~r. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, Mheeler, Young and Rayor Stoller .................................. NAYS: None ....................O. (Mr. Jones absent) STREETS-PARKS AND PLAYGROUNDS-CEMETERIES: Council having directed the City .iManager to ascertain whether or not there is a cemetery in the proposed Bowman Park, ihe submitted a written report, advising that on July 19, 1963, Mr. J. B. Kennerly, a licensed mortician and investigator for the Health Department, examined the site and conclusive evidence was found that a cemetery is located there, the City Manager Isuggesting that Council could leave the area in the status quo, provide a fence around ilthe area, or remove the bodies, after appropriate legal action, to the Coiner Springs ~cemetery. In this connection, Mr. Raimond P. Barnes, local historian, appeared before Council and protested against removing the bodies to the Coyner Springs cemetery. Nr. Dames warning that there is a possibility the cutting down of trees and shrubs 75 ¸'76 on the site is in violation of state lan. and urging that the cemetery be fenced in at least until the identity of those buried there can he established, Mr. Paul N. Calduell also urged that the cemetery be fenced in, After a further discussion of the matter. Mr, Dillard moved that the question he referred to the City Attorney for a report to Council within thirty days as to the legal status of the situation, The motion was seconded by Mr, Young and unanimously adopted, Mr, Dillard then moved that the City Manager ascertain the actual boundaries of the cemetery, The motion was seconded by Mr, Mheeler and unanimously adopted. HEALTH DEPARTgENT-SEWERS AND STORM DRAINS: Council having referred to the City Manager for study and report a communication from Mrs. R. J, Shulton, 2041 Kenwood Boulevard, $, E.. advising that there are an unusually large number of mosquitoes in the area due to stagnant water around the Sewage Treatment Plant and requesting that the situation he remedied, the City Manager submitted a written report, advising that appropriate steps hare been taken to relieve the situation· but that he cannot assure permanent success. 0a motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted. the report ~as filed. AIR POLLUTION CONTROL: Council having referred to the City Manager for study and report, prior to filling the position Of Heating Inspector, the matter of combining the positions of the Heating Inspector and the Air Pollution Engineer, the City Manager submitted a written reportt advising that he believes the position of Beating Inspector should be left under the Department of Buildings, pointing out that if the position is combined with the position of the Air Pollution Engineer it will be necessary to fill the position of Construction Inspector in the Department : of Buildings whose duties have been performed by other Inspectors ia the department, In a discussion of the matter, Mr. Dillard expressed the opinion that there is more to the Air Pollution Control Program than controlling the emission of sa*k* from heating facilities, calling particular attention to the problem of internal combustion engines, and stated he believes that the newly appointed Air Pollution Engineer will have a full-time job carrying out the Air Pollution Control After a discussion of the matter. Mr. Young moved that the City Manager have the Air Pollution Engineer perform the duties of the Beating Inspector If he unanimously adopted. STREEYS AND ALLEYS: Council having referred to the City Manager for studTi and report a petition signed by fourteen residents of the 3300 block of Heywood Avenue $, W. requesting that said street be paved and blacktopped, the City Manage~ ' submitted a written report, advising that the blacktopping program has been completed for 1963 and the street in question was listed as one to he improved by a 'drag treatment' of city forces which has been accomplished. On motion of Hr, Young, seconded by Hr, ~heeler and unanimously adoptede the report mas filed, HOUSING-SLUH CLEARANCE: Council having requested the City Attorney to render a written opinion as to whether or not the Mayor of the City of Roanoke or any other city official can serve as a Commissioner of the City of Roanoke Redevele ,- merit and Housing Authority, the City Attorney submitted the folloMin9 opinion: "July 23, 1963 The Honorable the Council of the City of Roanohe Gentlemen: At yOUr regular meeting of Ronday, July ISth last. having disposed of the balance of your agenda, you retired into execu- tive session to consider nominations for the then vacancy of a commissioner of the City of Roanoke Redevelopment and Housing Authority, After spending some time in the executive session, you returned to the Council Chamber. Mayor Murray A, Stoller was the only nominee for the vacancy and he was elected, Subsequently, a question arose as to his eligibility to hold this position and, at your last meeting, you requested my written opinion in the premises. Section 35-11 of the 1953 Replacement Volume of the current Code of Virginia, as amended, contains, inter alia, this sentence: 'Except as may be otherwise expressly provided in the charter of a city or town specifically pertaining to such authority, no commissioner of any authority may be an officer or employee of the city Or county for which the authority is created.* The Charter of the City of Roanoke contains no provision expressly providing to the contrary. There can be no doubt that, in the contemplation Of the aforementioned statute, the Mayor is an officer of the City of Roanoke. Hence, our Mayor is ineligible to be a commissioner of the City of Roanoke Redevelopment and Housing Authority. Respectfully submitted, S/ Ran G. ~hittle City Attorney* O~ motion of Mr. Dillard. seconded by Mr. Mheeler and unanimously adopted, the opinion was filed. Mr. Dillard moved that the question of amending the City Charter to permit an officer of the City of Roanoke to serve as a Commissioner of the City of Roanoke Redevelopment and ltousing Authority be referred to a committee composed of Messrs. James E. Jones, Chairman, Vincent S. Wheeler, and Roy R. Pollard, St** for con- sideration in connection with its study of proposed changes in the City Charter. The motion was seconded by Mr. Young and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. John L, Apostolou, Attorney. that Section 34, Chapter 4, Title XV. of The Code Of the City of Roanoke. 1956, relating to building line for business residence block, he amended to include a definition of the term *block" and to provide a formula for computing "lot frontage" as used in this section, the City Planning Commission submitted the following report: · ¸78 #July 24, 1963 The Honorable Murray A, Stoller, Mayor, and Members of City Council Roanohe, Virginia Gentlemen: In its July 17, 1963 meeting the City Planning Commission con- sidered your communication in regard to the definition of the term 'city block.' In n previous meeting the City Planning Commission heard an opinion expressed by Mr. John L. Apostolou, attorney, who indicated that the centenary system used for lot numbering should also be used to determine the extent of city blocks. After due discussion of the subject matter, the City Planning Commission made the following findings, A city block consti- tutes a physical reality within the framemork of the city which can be seen, measured and perceived in other ways, The deter- mination of the city block should therefore not be confused with the purposes of the centenary plan which is used to provide a morkable method for numbering surveys and plans for recordation and for indentificatJon of the property. The Planning Commission also heard a report from the director of planning, who made a survey of zoning ordinances of other cities, It was learned that only in rare instances is the definition of the term 'city block' included as part Of the zoning ordinance. Ilowever, mhere a definition was provided; e. g** the zoning ordinance Of Anaheim, California, Ordinance 774, Para. 2 part; February 27, 1951, it was not based on the centenary system but the concept described above. Therefore. if City Council should decide on the need for the Inclusion of a 'city block' definition Jn the present zonin9 ordinance, the ordinance should read, or should express, the following intent: DEFINITION OF CITY BLOCK: All property fronting upon one side Of a street between intersecting and intercepting streets, or between 3 street and right-of-way, waterway, terminus of dead- end street or City boundary, An intercepting street shall determine only the boundary of the block on the side o£ the street which it intercepts, This definition has been found to be the one which most nearly expresses the purpose of the zoning ordinance as a means to regulate the use of the land and the physical arrangement of the structures thereon. The City Planning Commission also recom- mends that this proposed definition be referred to the legal department of the City of Roanoke for review. Respectfully submitted. S/ ~erner K. Sensbach for Harold W. Hill Chairman" Mr. Garland moved that Council concur in the definition submitted by the City Planning Commission and that the proposed definition be referred to the City Attorney for review. The motion was seconded by Mr, Young and unanimously adopted, REPORTS OF COMMITTEES: PARK5 AND PLAYGROBNDS-GARBAGE REROVAL: Council having referred to a committee composed of Messrs. Vincent S. Mheeler, Chairman, Denton O. Dillard, and Roy R. Pollard, Sr,, for tabulation and report, bids received on supplying two brush chippers in cnnnection with the operation of a sanitary landfill at East Gate, the committee submitted a written report, together with a tabulation showing the bid of the Shaffer Equipment and Supply Company in the amount of $5,404.04, less a discount of !$ for payment within ten days from the date of delivery and receipt of invoice, a net sum of $5,350.00 f.o.b. Roanoke, Virginia, as low bid. Mr. Wheeler moved that the low bid be accepted and offered the following Resolution: NAYS: None ....................OD (Mr. Jones absent) UNFINISHED BUSINESS: NAYER DEPARTMENT: Council at its last regular meeting having deferred action on a report of the City Manager in connection with the request of Mrs. T. R. Burton, 2517 Mayctest Street, N. M., that the water pressure in the Round Ilill section be increased, due to the absence of Mr. Pollard, the matter was again before the body. The City Manager having voiced the opinion that this is not a city problem and that property owners should install their own booster pumps to provide added water for their needs where the need persists, Mr. Pollard raised the question as to why ail customers of the Mater Department should not receive equal service. Mr. R. E. Pillow, ~anager of the Water Department, appeared before Council and advised that subdivision laws require the subdividers in high pressure areas to provide sufficient facilities for adequate water pressure, Mr. Pillow pointing out that in order to furnish increased water pressure to the Round Hill section would cost the city approximately $20,000. After a further discussion of the matter, Mr. ~heeler moved that Council concur in the report Of the City Manager. The motion was seconded by Mr. Young and unanimously adopted. CONSIDERATION OF CLAI~IS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEGREGATION: Ordinance No. 15342, repealing Chapter 5, 'Segregation** of Title XXlII, of The Code of the City of Roanoke, 1956, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Mheeler offering the following Ordinance for its second reading and final adoption: (n15342) AN ORDINANCE repealing Chapter 5. 'Segregation* of Title XXllI. 'Misdemeanors and Offenses' of The Code of the City of Roanoke, 1956. (For full text of Ordinance, see Ordinance Book No. 26, page 321.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote; AYES: Messrs. Dillard, Garland. Pollard. Mheeler, Young and Mayor Stoller .................................. NAYS: None ....................O. (Mr. Jones absent) BUSES: Ordinance No. 15343, amending Chapter 1, *Police Force', of Title II, 'Police Force and Courts' of The Code of the City of Roanoke, 1956, by adding 8O thereto Section 2 (e), 'Police powers of bus driver', having previously been before Council for its first reading, read and laid over, mss again before the body, Hr, Garland offering the follouing for its second reading end final adoption: (z15343) A~ OROIA~ANC£ tO amend Chapter 1, "Police Force' of Title 'Police Force and Courts* of The Code of the City of Roanoke, 1956, (For full text of Ordinance, see Ordinance Book No. 26, page 321,) Mr. Garland moved the adoption of the Ordinance, The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrso Dillard, Garland, Pollard, Wheeler, Young and Mayor Stellar .................................. 6, NAYS: None ....................O. (Mr, Janes absent) REFUh~S AND REBATES-LICENSES: Council having directed the City Attorney to prepare the proper measure relieving Mr, Paul C. Flegas of making payment of the second installment of license taxes for operation of the Busy Bee Restaurant, 111 1/2 Campbell Avenue, 5. E., since the building ~as destroyed by fire on April 22,~ 1963, he presented same; whereupon, Mr. Pollard offered the following Resolution: (miS351) A RESOLUTION directing the Commissioner of Revenue to relieve Paul C. Flegas from the payment of the second installment of the retail merchant*s license and the City's retail beer license for the operation of the Busy Bee Restaurant for the year 1963; and declining other requested relief. (For full text of Resolution. see Resolution Book No. 26. page ~25.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded ~by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland. Pollard. ~heeler. Young and Mayor Stellar ........5. NAYS: Mr. Dillard .............................................~ ......... 1. (Mr. Jones absent) WATER DEPARTMENT: Council havln9 directed the City Attorney to prepare the proper measure authorizing the Town of Vinton to resell surplus water purchased from the City.of Roanoke to a new sabdivision to be known as Chestnut Mountain Estates. he presented same; whereupon. Mr. Pollard offered the following Resolution: (~15352) A RESOLUTION amending Resolution No. l~lSg, which conditionally authorizes the Town of Vim,on to resell surplus water purchased from the City's iMater' Department to certain parties residing beyond the corporate limits of said *iTown. by adding a new section, viz.: No. B. thereto. (For full text of Resolution. see Resolution Rook No. 26. page 325.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr+ Wheeler and adopted by the fallowing vote: AYES: Messrs. Dillard. Garland. Pollard. Wheeler. Young and Mayor Stellar .................................. NAYS: None ....................O. (Mr. Jones absent) DEPARTMENT OF PUBLIC ~ELFARE: Council having directed the City Attorney to prepare the proper measure expressing the alarm add dismay Of Council at the steady increase in the maximum rate approved for State reimbursement on State-Local hospitalization contracts for indigent city patients and requesting that a study of the matter be made by the State before renewal of the contracts expiring June 30, 1964, he presented same; mhereupon, Mr, Rheeler offered the following Resolution: (a15353) A RESOLUTION expressing this Council's concern and apprehension at the steady increase in the maximum rate approved for the State*s reimbursement on State-Local hospitalization contracts for indigent city and county patients; and requesting that a thorough study of the matter be made by the Commonwealth prior to the renemal date of contracts expiring June 30, 1964o (For full text of Resolution, see Resolution Book No. 26, page RFo Mheeler moved the adoption of the Resolution. The motion was seconded by RF, Young and adopted by the following vote: AYES: Ressrs° Dillard. Garland. Pollard. Mheeler, Young and Mayor Stoller .................................. NAYS: None ....................O. {Rt. Jones absent) MOTIONS AND MISCELLANEOUS BUSINESS: BRIDGES: Mr. Pollard stated It is a recognized fact that there is a need for a new bridge to replace the Buzzard Rock Ford Bridge. but that such a bridge would cost at least SRSO.O00 and it will he years before the city can construct same, therefore, he has had the Department of Public Rorks prepare a plan for a low-water bridge connectin9 Bennington Street and Tayloe Avenue, S, E., north of the Buzzard Rock Ford Bridge. Mr. Pollard advising that the bridge will cost approxi- mately $15,000, that it can be built within approximately thirty days and that it will eliminate the hazard of the Buzzard Rock Ford Bridge with its sharp curves. After a discussion of the matter. Mr. Pollard moved that the question be referred to a committee to be appointed by the Mayor for study, report and recom- mendation to Council. including an estimated cost of the bridge. The motion was seconded by Rt. Wheeler and unanimously adopted. Mayor Stoller appointed Messrs. Roy R. Pollard, Sr., Chairman. Walter L. Young. Arthur S° Owens and ti. Cletus Broyles as members of the committee. On motion of Rr. Rheeler, seconded by Mr. Young and unanimously adopted. the meetin9 was adjourned. APPROVED z ,: = ~.?..~ l .... - Gl/ty Clerk Mayor 82 COONCIL. REGULAR MEETING, Monday, August 5, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, August S, 1963, at 7:30 p.m** uith Mayor Stoller presiding. PRESENT: Councilmen Benton O. Dillard, Robert A. Garland, Roy R. Pollard, Sr., Vincent S. Mheeler, Baiter L. Young and Mayor Murray A, St,lief ............ 6. ABSENT: Councilman James E. Jones ......................................1. OFFICERS PRESE~Xf: Mr. Arthur S. Omens, City Manager, Mr. James N. Kincanon, Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayerby the Reverend Po Cosby, III. Pastor, Northmlnster Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held off Monday, July 22, !g63, ha,in9 been furnished each member of Council, on motion of Mr. Mheeler, seconded by Mr. Garland and unanimously adopted, the reading thereof mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATYERS: pARK5 ANb PLAYGROUNbS-GARBAGE RE,OVAL: Pursuant to notice of advertisement for bids on Contract C for modernization of the Municipal Refuse Incinerator Plant, including demolition of two existing incinerator furnaces and relining existing steel shells, new stoker grates, fans, etc., said proposal~ to be received by the City Clerk until 5 p.m., Monday, August 5, 1963, 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 Has 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 bids; whereupon, the City Clerk opened and read the follomin~ bids: Pyro Incinerator 6 Supply Corporation Boiler Brick 6 Refractory Company Milstead Boiler ~ Engineering Company, Inc. B~e BIO $ 159,590.00 160,940.00 161,700.00 160,410.00 174,747.00 lgS,llO.O0 246,U39.69 In this-connection, Mr. Ted K. Gittleman, an employee of the R. E. Uundy Company, pointed out that the bid form requires the bidder to list similar projects constructed t~ithin the past five years and since his company has not done this type of work within the past five years it disqualified itself from bidding, Mr. Gittleman stating that he does not believe some of the other bidders have done this type Of work within the past five years either and urging that Contract C be awarded to a bidder meeting specifications. 83 On motion of Hr. Young, seconded by Mr. Garland and unaniuoosly adopted, the bids uere referred to a committee composed of Messrs. Vincent S. Mheeler, Choir- man, Benton O. Dillard and Roy R. Pollard, St., for tabulation, report and recommenda- tion to Council. STREETS AND ALLEYS: Council havin9 continued until its present meetln9 a public hearing on the request of American Motor Inns, Incorporated, that a certain alley known as Camp's Alley, lying betueen the northerly side of RcDoueli Avenne and the southerly side Of Orange Avenue, N. E., be vacated, discontinued and closed, the matter was again before the body. In this connection, a communication from Mr. Carroll D. Rea, Attorney, representing the petitioner, requesting permission to withdraw the petition, was before Council. Mr. Dillard moved that the request be granted and that the petition be Hithdrawn. The motion Mas seconded by Mr. Pollard and unanimously adopted. STREETS AND ALLEYS: Council having previously set a public hearing for 7:30 p.m., August 5, 1963, on the request of Mr. C. F. Kefauver, et al** that a certain 12-foot alley running through Block 39, Rest End and Riverview, from Twentieth Street to Twenty-first Street, S. ~., parallel to Rorer Avenue and Salem Avenue, be vacated, discontinued and closed, the matter was before the body. In this connection, Mr. James E. Buckholtz, Attorney, representing the petitioners, appeared before Council in support of the request. Attention was called to a previous communication from the city Planning Commission, advising that after thorough investigation of all conditions pertaining to this location, the City Planning Commission concluded that the closing of this alley would permit better utilization of industrial land and alloH a local distribu- alley be vacated, discontinued and closed, the city to retain all necessary easements for public utilities. they are unanimously of the opinion no inconrenience would result, either to any individual or to the public, from vacating, discontinuing and closing said alley. Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~15354) AN ORDINANCE permanently abandoning, vacating, discontinuing and closing that certain alley located in the southmest quadrant of the City of Roanoke, Virginia, and more particularly described as follows: BEGINNING at a point on 20th Street shown on that certain map in the Office of the City Engineer and designated as the Riverview and Westend Land companies' map, said point being the southeasterly most corner of Lot I of Block 39 of said map; thence, leaving said point in a westerly direction and ~lth the southern boundary lines Of Lots I through B, both inclusive, of Block 39 of said map to the southwesterly most corner of said Lot B on 21st Street; thence, aith the easterly line of 21st Street in a southerly direction approxi- mately 12 feet, more or less to the northuesterly most corner of Lot 16 of said mmpi thence, leaving 21st Street in an easterly direction and mith the northern boundary lines of Lots 16 through 9, both inclusive, of Block 39 of said map to the northeasterly corner of Lot 9 of alack 39 on 20th Street; thence, in a northerly direction. with the mesterly line of 20th Street approximately 12 feet, more or less, to the place of Beginning; and being all that certain alley through Block 39 of the aforesaid map of Rlvervlem and Wes,end Land Companies; WHEREAS, C. F. Kefauver, John A. Kreider, James A. Wilson, Joseph W. Wilson. Roanoke Racing Club. Inc.. and Azella Compton have heretofore filed a petition before City Council. in accordance with lam. requesting Council to permanent- ly abandon, vacate, discontinue and close that certain alley located in Block 39 as shown on that certain map of RJverview and Wes,end Land Companies. a copy of which map may be found in the office of the City Engineer of the City Of Roanoke. Virginia. and which said alley is more particularly herelnabove described; and as to the filing of said petition, due notice was given to the public as required by lam; and WHEREAS. in accordance with the prayer of said petition. Resolution 15263 was adopted by the said city Council on the lOth day of June. 1963. pursuant to which viewers were appointed to view the said property and to report in writing what inconvenience, if any. would result from permanently abandoning, vacating. discontinuin9 and closing the said alley hereinabove described; and further. pursuant to said resolution, the said City Council referred the issues raised by said petitioner to the Planning Commission of the City of Roanoke for the said Commission*s study of said request and a report thereon; and WHEREAS. it appears from the report in writing filed with the City Clerk. together with the affidavit of said viewers on the Is, day of July. 1963. that no inconvenience would result, either to any individual or to the public, from the permanent abandoning, vacating, discontinuing nad closing of the said alley herein- above described, to which report fl. exceptions have been filed; and WHEREAS. the City Planning Commission by letter directed to the Mayor of the City of Roanoke and the members of the City Council. dated June 27. 1963. recommended to City Council that the said alley hereinabove described be abandoned. vacated, discontinued and closed subject to the right of the said City to retain all necessary easements for public utilities; and WHEREAS, a public hearing on the question was held before the Council on the 5th day of August, 1963, after due and timely notice of said hearing, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question of the proposed alley closing; and WHEREAS, upon consideration of the matter, the Council is of opinion that no inconvenience will result to any owner or to the public from the permanent abandonment, vacating, discontinuance and closing of the alley hereinafter described and that the petitioners* application to permanently close the same should be granted, said petitioners having agreed to bear and defray the expenses incident to ' the closing of the same. THEREFORE. DE IT ORDAINED bi the Council of the City of Roanoke, Virginia, that that certain alley located la the southwest quadrant of the City of Roanoke and described as follows: BEGINNING at a point on 20th Street shown on that certain sap in the Office of the City Engineer and designated as the Rlvervieu and Westend Land Companies* sap, said point being the southeasterlymost corner of Lot I of Block 39 of said sap; thence, leaving said paint in u westerly direction and with the southern boundary lines of Lots 1 through 6, both inclusive, of Block 39 of said map to the southwesterly most corner of said Lot fl On 21st Street; thence, wlththe easterly line of 21st Street in a southerly direction approximately 12 feet, sore or less, to the northwesterly most corner Of Lot 16, Block 39 of said sap; thence, leaving 21st Street In an easterly direction and with the northern boundary lines of Lots 16 through 9, both inclusive, of Block 39 of said map to the northeasterly corner of Lot 9 Of Block 39 on 20th Street; thence, in a northerly direction with the westerly line of 20th Street, approximately 12 feet, more or less, to the place Of BEGINNING: and being all that certain alley through Block 39 of the aforesaid map of Riverview and Mestend Land Companies; be, and the same hereby is, permanently abandoned, vacated, discontinued and closed, .the City of Roanoke, however, retaining unto itself any and all necessary easements for public utilities therein and the right of ingress and egress for the maintenance and repair thereof. HE IT FURTHER ORDAINED that the City Engineer of the City of Roanoke be. and he hereby is. directed to mark "Permanently Abandoned. Vacated. Discontinued. and Closed" that certain alley hereinabove described on all naps and plats on file in the Office of the City Engineer of the City of Roanoke. Virginia. on which said maps and plats said alley is shown, referring to the book and page of resolutions and ordinances of Council wherein this ordinance shall be spread. HE IT FURYHER ORDAINED that the Clerk of this Council deliver to the Clerk iof the Hustings Court for the City of Roanoke, Virginia, a copy of this ordinance in order that the said Clerk may make proper notations on all maps or plats recorded in his said office upon which are shown the said alley herein permanently abandoned, vacated, discontinued and closed as provided by law. The motion was seconded by Mr. Carland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, Nheeler, Young and Mayor Stoller ................................. 6. NAYS: None .................. O. (Mr. Jones absent) PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council havin9 held public hearings in the Dorchester Court section and the South Roanoke section with regard to an experiment with the papercan system of garbage removal in those sections, and having !idecided to hold a third public hearing on the matter at its present meeting primarily for the benefit of those citizens who do not live in the test areas, a delegation of approximately 75 citizens appeared before the body. At the request of Mayor Stoller, the City Manager demonstrated the proposed system to those present and a question-and-answer period followed. 86 Among those raising questions with regard to the proposed systew or speahiog Jn opposition to it were Mr. H. M. McCall, Jr., MFS. M. G. ~elson, Jr., MFS. G. N. Hlggins, Sr., Mro H. H, Harden, Mr. Frank H, Cabana Hr. J. M. Mrs. Ruth E. She,ban, Mr. C. G. Hlshop, Mr. John L. Thompson, HFS. Harry P. Cowley, Mr. M. Preston Leech, Hr. W. G. ~eison, Jr., Mr. May L. fllaukenship, Hr. J. ?. Sayers, Mr. ~. A. Akers, Hr. J. ~. Pogle, Mr. C. F. Earnest Mr. James G. Moue and Mr. A. £. Herr Snyder. Some cf the points raised by the speahers were that the system should not be compulsory, owners of multiple dwellings and apartment buildings should not be required to furnish holders for tenants, the disabled and aged should not be expected to place the bags on the holders, the system should be tried in wider areas of the city so that citizens will be in a position to know whether they like it or are opposed to It. the cost of the system Would be absorbed by the citizens in the form of additional taxes, if the provisions of the City Code with regard to refuse collection uere enforced there would be no problem, if the provisions of the City Code sith regard to prohibiting dogs from running at large were enforced it Would be unnecesssary to have a protective shield for the holders, a better system than the proposed system ~ould he to place plastic bags inside of garbage cans. the city ~ould be in competition ~ith local merchants selling garbage cans and paper bags. the administration of the proposed system would be difficult, some citizens would prefer to see their tax money paid to the present number of garbage collectors than to private enterprise and there is no assurance the manufacuturers Of the bags viii not increase the cost thereof at some future date which increase would be passed On to the citizens. Mr. Joseph D. MastJn, 2500 South Jefferson Street, a resident of the South Roanoke area where the papercan system has been tried, spoke in favor of the proposed system, Mr. Mastin stating that for the first time the alley behind his home is in a respectable condition and urging that the system be adopted. Hr, Roger C. Crady, Commissioner of Health, who was present at the meeting, stated that from the standpoint of sanitation a paper bag system would be a bi9 improvement over the present system of refuse collection, but that there are some objections which would have to be solved. A show of hands indicated that practically all of those present at the meeting are opposed to the proposed papercan system of refuse collection. Everyone present having been 91yen an opportunity to be heard on the subject, Mayor Stoller advised the citizens that the results of the public hearing will be taken into consideration when Council makes a final decision on the matter. FIRE DEPARTMENT: Council at its me,tin9 on January 20. 1963. having taken under advisement for study and consideration the request of the Roanoke Fire Fighters Association, Local 1102, that Roanoke City firemen be given two additional days off per month, resulting in a 62-hour work week, Mr. ~. M. Mattox, Chairman of the Roanoke Fire Department Shorter Worh Week Committee, appeared before the body and presented a petition signed by 111 firemen, renewing the request for a 62-hour work meek which they feel is Justified for the folloming reasons: Roanoke City Firemen work T3 hours a week. This is 33 hours more than any other City employee. 2. Roanoke City Firemen get no holidays; other City e~ployees (except police) get eight paid holidays a year. Firemen are penalized on vacations. For other Roanoke City employees, Saturdays, Sundays and holidays not normally worked are not charged against vacation earned. For Firemen, every day on the calendar is charged. 4. The work day for a fire fighter is 24 hours, both day and night. Other City employees enjoy an eight-hoar day. 5. Roanoke Firemen are subject to call 24 hoars a day, 365 days a year. lie is required by the Fire Department to hare a telephone In his home with number recorded with the Fire Department Dispatcher. lie must report in and out of town mhen he leaves the City. Other City employees do not have to account for time after they work eight hours. Roanoke City Firemen must remain on duty day and night on all holidays such as Christmas, Thanksgiving, Easter, Labor Day, and also on Sundays and week-ends, while other City employees are enjoying time off with their friends, family and lored ones. 7. The odds of a fire fighter getting hilled in the line of duty is three times 9rearer than that of other workers, and getting injured on the job is seven times as great as other workers. 8, Decause of serious injuries and other occupational diseases, many firemen are forced into an early and permanent retirement. The benefits of the retirement system for general employees are the same as for the Classified Police and Firemen; yet, the general employee*s normal contribution rate at the ~tart of the system in 1946 was 5 17/100%, compared to 8 D5/100% for a Fireman or Policeman. In a discussion of the matter, Mr. Mattox pointed out that even though the employees of the Fire Department work longer hours they still receive the same benefits at retirement as other city employees marking less hours, that the City of Richmond gives its firemen five years off for retirement because of the hazardous conditions under which they work, that the firemen do not mind working holidays if they are given comparable time off and that the Fire Department has deteriorated in manpower because of the dissatisfaction with the working hours. Mayor Stoller pointed out that to decrease the hours of the Fire Department employees will necessitate the employment of additional firemen at an increase in the cost Of operating the Fire Department' and that citizens appearing before Council ion other matters have made it clear they are not in favor of increased taxes. Mr. Mattox asked if Council would be willing to put the question of a hour work week for city firemen to a referendum along with the auditorium-coliseum :iquestion. Members of Council voiced the opinion that to vote on both questions at the same referendum mould not be fair to either of them. Mr. Earl M. Scottt Goodview, Virginia, appeared before Council, stating ~that for a number of years he mas with the fire department in New York, New York, and that from his oma experience he feels it would be to the advantage of the City Of ilEoanke to reduce the mark week of its firemen. 88 After a discussion of the matter, the City Mnnager Indicating that be mould not recommend more than one additional day off for the city flremem and oozy then on the condition that additional firemen be employed to offset the difference, Mr. Garland moved that a 6B-boar mark meek be established for city firemen effectivel January le 1964, and that the city Manager be instructed to employ tuelve additional firemen at that time. The motion was seconded by Me. Dillard and lost by the follow- lng vote, #rssrs. Pollard, Nheeler and Young stating they are not opposed to reducing~ the work week of the firemen, but that they want more time to study the matter in order to get a clearer picture of the financial condition of the city in budget study: AYES: Messrs. Dillard and Garland .............................2. NAYS: Hessrs. Pollard, Wheeler, Yogng and Mayor 5toiler ...... 4. (Mr. Jones absent) Hr. Wheeler then mated that the matter of granting eitl firemen an additional day off per month and employing twelve additional firemen be referred to the City Manager for conference with the Chief of the Fire Department in preparation of the budget of the Fire Department for 1964 and that the question be brought to the attention of Council in badger study. The motion was seconded by Mr. Dillard and unanimously adopted. PETITIONS AND COMMUNICATIONS: BUILDINGS: A communication from Mr. John C. Haislip, requestin9 that Section 200 of the City Building Code, defining a basement as a story of a building or structure having one-half or more of its clear height below grade, be amended to conform with the ~tate Building Code, defining a basement as a story of a building the floor of which is not less than two feet below grade and the ceiling of which is not less than four feet six inches but not more than seven feet six inches above grade, was before Council. In this connection, Mr. Baislip and Mr. Charles D. Fox, II1, Attorney, appeared before Council and advised that Mr. Haislip desires to construct an apartment building at 2300-06 Stepbenson Avenue, S. W., but under the provisions of the city Duilding Code he will be unable to put windows in the rear of the basement apartments. After a discussion of the matter, it being suggested that instead of amending the Building Code specific permission might be given to Mr. Hatslip to vary from the provisions thereof in the present instance, Mr. Dillard moved that the matter be referred to the Board of Appeal, Building Code, for study, report and recommendation to Council at an early date as to the best procedure to follow. The motion was seconded by Mr. Young and unanimously adopted. ZONING: A communication from Mr. James M. Young, Attorney, representing Mr. George Kissak, et al., requesting that a 4.665-acre tract of land bounded on the east by Old Hollins Road, on the west by Mhiteside Street, N. E., and on the north by Preston Avenue, N. E., Official Tax No. 3190316, be rezoned from General Residence District to Light Industrial District, Has before Council. 89 ,! Oa motion of Rt. Wheeler, seconded by Hr. Garland and unanimously adopted, the request mas referred to the City Planning Commission for study, report and lrecommendation to Council. STREETS AND ALLEYS: A cosaunlcation from HFS. E. E. Roberts, Jr., 3731 Greenland Avenue, N. H., complaining of mater, mud and gravel accumulating at the corner of Droad Street and Greenland Avenue, N.H., and requestin9 that the condition ~be remedied, nas before Council. The City Manager advising that the condition has already been remedied, Mr. Garland moved that the communication be filed. The motion was seconded by Mr. ~Hbeeler and unanimously adopted. AUDITS-CLERK OF THE COURTS: A communication from Mr. J. Gordon Bennett, Auditor of Public Accounts for the Commonuealth of Virginia, transmitting a report ion an audit of the accounts and records of I. j. Austin, Jr., Judge of the Juvenile and Domestic Relations Court of the City of Roanoke, for the calendar year Iq52, and advisingthat the examination disclosed the proper accounting had been made for all funds Of record during the period under review, mas before Couocil. On motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the communication and report were filed. ZONING: Council having previously set a public hearing for 2 p.m., August 12, 1963, on the request Of Mathew M. and Edna P. Jefferson that property located on the northeast corner of Melrose Avenue and Fifteenth Street, N. M., described as Lots 9 and lO, Block 35, Melrose Land Company, Official Tax Nos. 2221809 and 2221B10, be rezoned from Special Residence District to Business District, a communication from Mr. Harvey $. Lutins, Attorney, representing the petitioners, advising that due to the fact he has been out of town a legal notice has not been filed within sufficient time for the public hearing and requesting that a new date for the public hearing be set, was before the body. Mr. Wheeler moved that the public hearing be held at 7:30 p.m., September 13, 1963. The motion was seconded by Mr. Dillard and unanimously adopted. REPORTS OF OFFICERS: AIRPORT: The City Manager submitted a written report, recommending that he be anthorized to enter into a contract sith South Central Air Lines, Incorporated, for use of certain facilities at the Roanoke Hunicipal Airport. Mr+ Pollard moved that the matter be referred to a committee composed of Messrs. Roy L. Webber, Chairman, Roy R. Pollard, Sr., Arthur S. Owens, Robert M. Woody, J. W. Burress, E. R. Vaught, William H. Carder and T. E. Frantz, Jr., for study, report and recommendation to Council. The motion sas seconded by Mr. Dillard and unanimously adopted. REFUNDS A~D REBATES-LICENSES: Council having considered a Resolution directing the Commissioner of the Revenue to relieve Mr. Raymond H. Gassett from payment of the second installment of license taxes for the operation of the Paradise Kitchen for the year 1963, and having requested the City Manager to investigate the 90 status of the rebuilding of the structure in which the Paradise Kitchen uss operated before the building was destroyed by fire, the City Manager snbmltted · written report, advising that the owner of the property Is in the process of erecting a new building, but he is in no position to help Council with reference to aha will use the property after it is completed. After a discussion of the matter, the naJority of Council voicing the opinion that the request of Mr. Gassett should be denied, Mc. Garland moved that action on the matter be deferred until the next regular meeting of Council in order that Mr. Gassett may have the opportunity of being heard on the question. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF CO#MITTEES: NONE. UNFINISHED BUSINESS: UEALTIJ DEPARTMENT: Council having deferred action on the awarding of a contract to the picker X-ray Corporation for supplying one new x-ray machine equipped with lo.bT lens to the Health Department until the present meeting, at the request of a representative of the General Electric Company, and, in the meantime, having referred the bid of the Picker X-ray Corporation to a committee composed of Mr. Robert A. Garland, Chairman, Dr. Roger C. Grady, Mr. II. Cletus Hroyles and hr. ~. B. Thompson for tabulation, study and report, the matter was again before the body. In this connection, the committee submitted n written report, together with a tabulation of the one bid received, advising that the bid of the Picker X-ray Corporation at the net sum of $12,205 f.o.b. Roanoke, Virginia, meets specifications. Mr. Charles D. Burgy, Manager, Richmond District Office, X-ray Department, General Eleotric Company, having previously advised Council that his company is unable to submit a bid for the new x-ray equipment because the lo.b? lens described in the specifications is noncompetitive and to the best of his knowledge contains a foreign made lens, and having informed thebody that his company is investigating one technical phase of the x-ray unit which might develop information that would be of interest to Council, Mr. Burgy appeared before the body and presented a communication, suggesting that since the only reason for a second bidding was to supply a camera with a fo.67 lens the bidder should present details as to what it is furnishing, Mr. Uurgy suggesting further that Council either have an optician decide tf the bidder is furnishing a lo.bT lens at infinity (which is the correct evaluation of lens), thereby justifying an additional expenditure of over $2,000 for this non- competitive equipment, or, if the contract is awarded, have opticalexperts from VPI refract the lens supplied before paying for It, since failure to qualify as a fo.6? lens at infinity would permit Council to refuse the equipment on the basis that it did not meet specifications. Mr. E. M. Pugh, District Manager of the Picker X-ray Corporation, appeared before Council and conceded that the lo.h? lens was developed for his company in Japan that it is the first of this type ever produced anymhere and there is no comparable lens available from a United States source, however, his company does not feel the benefits to be gained in reduction of radiation should be ignored in using · lens of foreign origin. Mr. Pugh pointing out that the fo,6? lens is accepted and used by the United States Federal Government. Mr. Garland brought to the attention of Council copy of a communication from Dr. W. Allen Darker to Dro'Urady, advising that he firmly believes the present time Picker equipment is superior, both in design and performance, to other American built equipment, ~hich quality is important to efficient trouble free service and more than off sets its additional cost. After a discussion of the matter, WessFS. Nheeler and Young suggesting that the city have optical experts from VPI refract the lens before the machine is in* stalled, and Mr. Pugh assuring Council that If the city is not satisfied with the x-ray machine after It has been installed and tested his company mill take the machine back and refund the city its money, Mr. Garland stated It is the verbal recommendation of his committee that the bid of the Picker X-ray Corporation be (Mr. Jones absent) 92 (s15355) A RESOLUTIOM directing the City Clerk to return, unopened, i!ell bids received rot supplying one Irector and one scraper to tke direct- i!Jog that the specifications For such equipment be so revised us to enable reputable idealers lo make competiug proposals and, thereafter, lawfully readvertised for such iproposals. (For Full text of Resolution, see Resolution Uook No. 26, page 327,) Nv. Pollard moved the adoption of the Resolution. The motion mas seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, Wheeler, Young and Stoller .................................. NAYS: None ...................O. (Mr. Jones absent) WOTIONS AND MISCELLANEOUS BUSINESS: NONE. On motioo of Mr. Dillard, seconded by NF. Nheeler and unanimously adopted, the meeting ~as adjourned. APPROVED City Clerk Mayor COUNCIL, REGULAR MEETING Monday, August 12, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, August 12, 1963, at 2 p.m** the regular meeting hour, with Mayor St*liar presiding. PRESENT: Councilmen Benton O. Dillard, Robert A. Garland, Roy R. Pollard, Sr., Vincent S. Nh*el*r, Mai*er L. Young and Mayor Murray Aa St*lieF .............. 6. ABSENV: Councilman James £, Jones ...................................... X. OFFICERS PRESENY: Mr, Ar*bur S, Owens, City Manager, Mr. James N. Kiucanon, Assistant City Attorney, and Mr, Rilliam F. Criggs, Assistant City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend W. Carroll Brooke. Vicar, St. Elizabeth*s Episcopal Church. MINUTES: Copy of the minutes of the regular meeting held On Monday, July 29, 1963, baying been furnished each member of Council, on motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted, the reading thereof mas dispensed with and the minutes approved as recorded. Ii£ARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council having previously set public hearings at 2 pom., August 12, 1963, on the request of Mr. Jackson E. Summers, Jr** et al** that property located on the north side of Maddock Avenue, N. Eo, ~est of Wllllamson Road, described as Lots 29-32, inclusive, Block D, Williamson Groves, Official Tax Nos. 3080821 and 3080822, be fez*ned from General Residence District to Business District, and the request of Mr. Assaid J. Nackley that Lots 25-28, inclusive, Block D, Rilliamson Groves, Official Tax Nos. 30B081g and 3080820, also be fez*ned from General Residence District to Business District, the two petitions for fez*ming were before the body. In this connection, the following report of the City Planning Commission, recommending that the two requests be denied, was brought to the attention Of Council: 'July IO, 1963 The Honorable Murray A. St*Il*r, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: In its July 3. 1963 meeting the City Planning Commission con- sidered both requests simultaneously because of their proximity of location. Mr. Charles 0. Pox, III, representing the peti- tioners, stated that Mr. Summers requested fez*ming of his property so that it can be made available to Diamond Chevrolet for automobile storage. It was understood that the ant*mobile firm is interested only in the lots immediately adjacent to their property on the ~est side. It mas then learned that Mr. A. J. Nackley requested fez*ming Of lots 25-28 on Maddock Avenue extending the business zone further into a residential district. Be also stated that be would object tO the rezoning of lots 29-32 (J, E, Summers* property) unless his own property were rezoned for business. During its deliberations, it became apparent to the Plannin9 Commission that fez*ming of any additional property in this location would set off a chain reaction Of fez*ming requests .94 extending into n solidly residential area, The Planning COB- mission also considered the future potential of the residential neighborhood extending in the area located generally Best of Willlnmson Road and SycaBore Avenue. It Bas recognized tbnt large tracts Of lande located Best of Rllkins Street presently lying rail*m, Bould bec*ne available ns desirable residential property as soon as the construction of the Interstate Spur mill have bees completed. Every attempt should be made at this time to avoid the destruction of residential values Jn this neighborhood. The City Planning Commission therefore recommends to City Council to deny both fez*ming requests. Respectfully submitted. S/ Rerner K, Sensbach for Harold R. Hill. Chairman" Mr, Charles D. Fox, III, Attorney, representing Mr. Jackson E. Summers, Jr., et al., appeared before Council in support of the request of his clients for cozening and outlined plans for use Of the property if it is Fez*ned. Mr. Hillis M. Anderson, Attorney. representing Mr, Assald J, Nackley, appeared before Council in support of the request of his client for Fez*ming, Mr, Anderson stating that Mr. Nackley has no plans for development of his propert~ for business purposes at the present time, but since his residential property would be adversely affected by the fez*nih9 of adjacent property for business purposes, he wants his property Fez*ned also. Mr. John P, Mart, Attorney, representing Miss Mildred Golf, owner of Lots 51 and 52, Hlock C, Rilliamson Groves, and Mr, Nathan W. Goff. owner of Lots 53 and 51, Block C, Williamson Groves, appeared before Council and presented communications from his clients, objecting to the proposed fez*ming on the grounds that it would set off a chain reaction resultin9 in the pushing of a business section into a solid residential area. Mr, L, E. Ragland, 128 Haddock Avenue, N. E,. appeared before Council and stated he would not object to the proposed Fez*ming if the entire north side of this block of Maddock Avenue is fez*ned for business purposes and it is his under- standing the rest of the property owners on the north side of the street feel the same way. Everyone having been given an opportunity to be heard, Mr, Wheeler moved that Council concur in the request of Mr. Summers and that the following Ordinance be placed upon its first reading: (~15356) AN ORHINA~CE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956. in relation to Zoning. MHEREA5, application has been made to the Council of the City of Roanoke to have that property located on the north side of Maddock Avenue, N. Eo, Best of Milliamson Road, described as Lots 29-32, inclusive, Block D. Rilliamson Groves, Official Tax Nos. 3080021 and 3080822. rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land not be fez*ned from General Residence District to Business District; and WHEREAS, notice required by Title iV, Chapter 4, Section 43, of The Code of the CiW of Roanoke, 1956, relating to Zoning, has been published Jn UThe Roanoke World-News,' a newspaper.published in the City of Roanoke, for the time required bi sald section; and WHEREAS, the hearing as provided for in said notice was held on the 12th day of August, lg&3, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunitI to be heard both for and against the proposed rezoning; and WHEREAS, this Council, after considerin9 the evidence presented, Is of the opinion that the hereinafter described land should be rezonedo THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XY, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, relating to Zoning. be amended and reenacted in the following particular and no other, viz.: Property located on the north side of Maddock Avenue, N. E., west of WillJamson Road, described as Lots Rg-32, inclusive, Block D, Willlamson groves, designated on Sheet 30B of the Zoning W3p as Official Tax Nos, 3080821 and 3Dfl0~22, bet and is hereby, changed from General Residence District to Business District and the Zoning Rap shall be changed in this respect. The motion was seconded by Mr. Young and adopted by the following vote, Mr. Garland stating that he is voting against the Ordinance because the City Plannin9 Commission has recommended that the request for rezonln9 be denied: AYES: Wessrs, Dillard, Pollard. Wheeler, Young and Mayor Stoller .......5. NAYS: Mr.. Garland---~ ................................................. (Mr. Jones absent) Meg Dillard then moved that Council concur in the request of Hr. Nackley and that the following Ordinance be placed upon its first reading: (~15357) AN ORDINANCE to amend and reenact Title iV, Chapter 4. Section 1, of Zhe 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 at 132 Maddock Avenue, No E°, and known as Lots 25-28, inclusive, Block D, Map of Williamson Groves, Official Tax Nos. 3080819 and rezoned from General Residence District to Business District; and WHEREAS. notice required by Title X¥, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in "The Roanoke World-News,# a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice was held on the 12th day of August, 1963, 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 WHEREAS, the City Planning Commission has recommended that the hereinafter described land not be rezoned, but, whereas, this Council, after considering the 96 evidence presented and in spite of the contrary recommendation aforesaid, 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 foil,ming particular and no other, viz.: Property located at 132 Raddock Ar*aunt N. E,, described as Lots inclusive, Block D, Map of Wllliamson Groves, designated on Sheet 309 of the Zoning Map as Official Tax Nos, 3080819 and 3080820, be, and is hereby, changed from General Residence District to Dusiness District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Pollard and adopted by the following vote, Mayor St,lief stating that he is voting against the Ordinance because Mr, Nackley has no plans for developing his property for business purposes: AYES: Messrs, Dillard, Pollard, Wheeler and Young .....................40 NAYS: Mr, Garland and Mayor St,lief ................................... (Mr. Jones absent) BROADCASTInG-PARKS AND PLAYGROUNDS: Council havin9 deferred action until its present meeting on the request of Roanoke Independent Broadcasters, Incorporated, that the body reconsider its former action in denying the request of Rosa,k* Inde- pendent Broadcasters, Incorporated, for permission to mount an antenna on the tower atop Mill Mountain for broadcast usage, Mr, M. P. Hazlegrove and Mr. M. W, Armistead, Ill, representing the Times-World Corporation, and Mr. Frank T. Tirico and Mr. Gy N.. Rahakel, representing Roanoke ~d~endent Broadcasters, Incorpo~ted0 ap~aredbefo~ th*body, Mr. Hazlegrove presented a prepared statement advising that the position of the Times-World Corporation is as follows: 1. In accordance with the reservations made in the deeds from J. B, Fishburn and wife to the City of Roanoke, which rights and reservations are now vested in Times World, it has the exclusive right to erect, maintain and operate a broad- casting tower in Mill Mountain Park. That the selected plot Of land 70* x 80' has in effect and in fact been designated and allocated as the reserved loca- tion (reserved in the Fisbburn deeds) for Times-[orld*s broadcasting facilities, and it either is, or is entitled to be, the fee simple o~ner thereof, or at least has a perpetual exclusive easement thereon for broadcasting facilities. Times-lurid has no desire, nor present intention, to exercise its rights to terminate the lease with the City of Roanoke dated January 1, lgba, but is willing to continue the lease of the tower for municipal purposes, feeling that it is consistent with the spirit and intent of the Fishburn deed that this tower be used by the City of Roanoke for public benefit. 4o That the City of Roanoke has no legal right to sublet the tower for commercial exploitation to anyone, and Times- World cannot acquiesce or consent to any such action which It feels Noald ViOlate the true intent and purposes of the Fishburn deeds, 5. From its own television broadcasting experience and upon the advice of its engineers, Times-World has concluded that the Mill Roan*aim site is an extremely poor and unsatisfactory location for television broadcasting to the people of the Roanoke area, On the other hand, it has been des*ns*rated by engineering study and practical experience that Poor Mountain is an excellent location; in fact, the No. I site for television broadcasting in the Roanoke area. Both RBBJ-Television, operated by Times=World, and the MSLS-Television, operated by Shenandoah Life Stations, lac.. are located on and are successfully operating from Poor Tiges-lorld owns approximately 12 acres on Poor Noun*alu. only a.part of which Is being used by It presently for its television broadcasting facilities. It has leased a portion of this acreage to one of its com- petitors, RillS-Television, Bluefield, Rest Virginia. for its micro-wave facilities. Tlmes-Morld has offered, and continues to oiler, to Roanoke Independent Broadcasters to either lease or sell to it upon reasonable terms a suitable site on Its Poor Mountain property, which mill permit an efficient television broad- casting service to this entire area. It is understood that if Roanoke Independent Broadcasters is granted a lease by the City on the Rill Mountain tower, it contemplates the erection of an additional antenna thereon some 30~ or more higher than the present tower. Ke have been furnished a copy of a letter from the Federal Aviation Agency, by its Hr. Curtis Fo Greve, District Airport Engineer, to the City Ranager, dated June 16, 19&3, ~herein Rio Greve takes the position that there should be no increase in the height of the Mill Mountain tower or any antenna thereon, but on the contrary that perhaps the existing tower should be lowered to at least the height of the star. It is Times-Morld*s understanding that the raising of the overall height of the Mill Mountain tamer would seriously impair the effectiveness of the electronic navigational aids contem- plated for the municipal airport. Times-Morld is vitally interested in the successful consummation of these additional navigational aids and desires to cooperate in every reasonable manner to improve the navigational facilities of the Mo*drum Airport and cannot consent or acquiesce in the doing of anything that mould adversely affect this effort. Mr. Bahakel contended that commercial firms are using the Mill Mountain site for radio purposes, that he has been advised by his engineers the Poor Mountain site is unsatisfactory for a UBF tower even though it is excellent for a VF tower. therefore, he would be unwilling to establish a I~iF tower on Poor Rountain, Bahakel stating that he mould like to withdram the request of Roanoke Independent Broadcasters, Incorporated, that its request for permission to mount an antenna on the tower atop Hill Mountain for broadcast usage be reconsidered until his company has had further opportunity to study its plans. Mr. Pollard moved that Council concur in the request Of Mr. Bahakel and that the request of Roanoke Independent Broadcasters, Incorporated, for recon- sideration of the matter be mithdra~n. The motion was seconded by Mr. Dillard and unanimously adopted. Mith further reference to the matter, the Assistant City Attorney suggesting that it be determined whether or not the city has violated its lease with the Times-Morld Corporation, and Mr. Hazlegrove stating he is sure the city has not violated the lease, unless inadvertently, however, the limes-World Corporation mill not acquiesce to repeated violations, Mr. Dillard moved that the City Attorney be requested to render an opinion as to whether or not the City Of Roanoke has violated its lease mlth the Times-¥orld Corporation for the tower atop Mill Mountain. The motion mas seconded by Hr. Pollurd and adopted. Mr. Young voting no because he feels such action is needless in view of the remarks of Mr. Hnzlegrove. LIC£NSESoCIRCUSES AND CARNIVALS: Mr. Jo Gleam*od Strickler. Attorney. representing the Towers Shopping Center'Merchants Association. appeared before Council. advising that the association proposes to sponsor a circus with amusement rides October 14-19. 1963. that Section 52. Chapter On Title Vf. of The Code of the City of Roanoke. 1956. imposes a license tax of $S50 per day on the operators of carnivals, street fairs or tent shows, and Section $4 imposes a license tax of $330 per day on operators of circuses and menageries. Hr. S%rickleF requesting that these sections be amended to exempt local merchants sponsoring circuses and carnivals for Hr. Francis Ho Ewald. a member of the To,ers Shopping Center Merchants Association. explained that the circus will be free to the public, that the operator of the circus will not receive any fee from the merchants association, but will get his income from the amusement rides. Mr. Ewald pointing out that the merchants association will pay the license tax for the operator of the circusand that any loss in tax revenue due to this exemption will be offset by increases in merchants license taxes by virtue of this trade promotion which the merchants at the Towers Shopping Center will be most happy to pay. Mr. Young voiced the opinion that any concession granted the merchants association should be handled in such a way as to prevent a circus or carnival fro~ not paying the usual license tax by arranging to come to Roanoke under the sponsor- ship of an individual local merchant. On motion of Hr, ~heeler, seconded by Rt. Dillard and unanimously adopted, the matter of reclassifying circuses and carnivals sponsored by merchants associa- tions for trade promotional purposes and providing for a license tax of $10 on each amusement ride at such events ~as referred to a committee composed of Hr. James N. Kincanon, Chairman, Nr. J. Glenwood Strickler and Nr. Andrew W. Gilbert for prepara- tion of the proper amendment to the City Code. PETITIONS AND CONMUNICAYIONS: STREET LIGHTS: A communication from the Appalachian Power Company. transmitting a list of street lights which were installed during the month of July, 1963, was before Council, On motion of Rt. Wheeler, seconded by Mr. Young and unanimously adopted, the communication was filed, ZONING: A communication from Mr. John B. Kennett. Jr** Attorney. repre- senting Mr. Barry M. Thompson, et ux., requestin9 that a 4,725-acre tract of land located at 1330 Liberty Road, N. Eo, Official Tax No. 3250228, be rezoned from Genera, Residence District to Business District. vas before Council. On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted. the request vas referred to the City Planning Commission for study, report and recommendation to Council. ZORIHG: Council at its meeting on July 22, 1963, having granted per- mission to Hr. T. L. Plunkett, Jr., Attorney, representing Hr. Ben S. Perdue, et al. to withdraw a request that property located.on the north side Of Drandon Avenue, S. H** west of Grace Street, descFibed as Lots 11-14, inclusive, Rlock3. Stratford Court, Official Tax Hos. 1250411-1250414o inclusive, be rex*ned from General ResidenCe District to Special Residence District, a communication fFOm Mre Plunketto renewing the request, Mas before the body. On motion of Mr. Garland, seconded by Hr. Young *nd unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. REPORTS OF OFFICERS: BUDGET-PARKS AND PLAYGROUNDS-GARRAGE REMOVAL: Council having authorized !i an experiment In the Dorchester Court section and the South Roanoke section with the papercan system of refuse collection by the Hest Virginia Pulp and Paper Company for!i a period of fourteen weeks at a cost of $1,000 to the city, the City Manager submitted a written report, advisin9 that the city is almost out of the paper bags ~ and that he does not feel the city can expect the West Virginia Pulp and Paper il Company to extend the test any longer without additional cost on the part of the city, the City Manager recommending that $2,000 be appropriated to Operating Supplies and Materials under Section #gT, "Refuse Collection and Disposal,' of the lgb3 budget, to provide for the purchase of enough bags to last for an additional eight ~eeks pending a decision by Council concerning the use of the papercan system. In a discussion of the matter, Messrs. Dillard and Pollard voiced the opinion that the request should be denied. Mr. Wheeler, Chairman of the committee.studying the refuse collection problem, pointed out that the full committee has not had an opportunity to meet since the three public hearings on the proposed papercan system of refuse collectioni and voiced the opinion that the experiment should be continued until his committee is ready to make a definite recommendation. Hr. Garland pointed out that a number of residents have signified a preference for the papercan system and that studies hare indicated the system will save the city money, Mr. Garland voicing the opinion that final action on the matter should not be taken until a full membership of Council is present. Mayor Stoller advised that he and Mr. Pollard have studied the system in effect ia College Park, Maryland, during thepast ~eek and he is convinced the system ~ould be more costly than the present system of refuse collection, Mayor Stoller pointing out that it would cost the city approximately $359,000 to initiate the papercan system in Roanoke if the citizens pay $2 Of the cost of the holders. or $434,000 if the city pays the entire cost of the holders in addition to the cost of the paper bags. In ~nswer to a question of Mr. Young, Mr. H. Cletus Broyles, Director of Public Morks, replied that he is making a study as to whether or not there woold be 100 a savings to the city if.it adopts the papercan system of refuse collection and that he would like an opportunity to present the results of this study to Council before it makes e final decision in the matter. Mr. V* M..Heazel, 1830 Arlington Road. S. #**,appeared before Council and pointed out that the city is covered with a network of alleys which mould seem to void the principal argument offered in favor.of the papercan system, that the garbage collectors have initiated some labor-saving devices of their own eliminating the necessity of two trips in collecting refuse, that without protective shields the papercans are likely to create a rat problem and that in many instances emptying a jarbage can under the present system is no more trouble than picking up a papercan under the proposed system. Mr. S. Albert Tronpeter reaffirmed his stand in favor of the proposed papercan system and suggested that' the city could effect a further savings by collecting the garbage once a week instead of twice a week under the proposed system, The matter havin9 been discussed at lenoth, Mr. Wheeler moved that Council concur in the recommendation of the City Manager and that $2,000 be appropriated for the purchase of additional paper bags for the papercan system. The motion was seconded by Mr. Garland and lost by the follosing vote, Mr. Young stating that he is voting for the appropriation solely for the purpose of giving the Director of Public Works an opportunity to submit a full report to Council on the proposed papercan system of refuse collection: AYES: Messrs. Garland, ~heeler and Young ............................... NAYS: Messr$, Dillard, Pollard and Mayor Stoller ....................... imf, Jones absent) Later during the meeting, at the request of Mr. Garland, Mayor Stoller asked that the matter be placed on the agenda for the next regular meeting of Council when a full membership is expected to be present. BUDGET-LIBRARIES: The City Manager submitted a ~ritten report, advising that the present change fund of the Roanoke Public Library in the amount of ~25 is not sufficient for making change at seven different locations of the main library and branch libraries and recommended that the change fund be increased to $50, (~15358) A RESOLUTION increasing the City Library's change fund. additional }25: (s15359) AN ORDINARCE to amend and reordaln Section #154, "Refunds and Rebates," of the 1963 Appropriation Ordinance, and providing for an emergency. (For.full text of Ordinance, see Ordinance Rook No. 26, page 331.) Hr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, Nheeler, Young and Mayor St,lief ................................. 6. NAYS: None ...................O. (Mr, Jones absent) SYREETS AND ALL~YS: The City Manager submitted a written report, advising that Mildred M. Tate, et al** hare indicated they will accept the sum of $13,142o14 and MOrton Hun*yuan. et al., have indicated they will accept the sum of $7,500.00 for land needed for the widening of Salem Avenue, 5. M., between First Street and Second Street, a total increase of $2,027.14 over the amounts heretofore authorized for the purchaseof said properties, the City Manager recommending that the t~o offers be accepted. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance accepting the two offers: (n!5360) AN ORDINANCE further amending, in part, certain pr.vlsi.ns heretofore made In Ordinance No. 14697, providing for the acquisition of certain real estate wanted and needed by the City for the widening of Salem Avenue, S. between Is, and 2nd Streets, S. Mo; and providing for an emergency. (For full text of Ordinance, see Ordinance R.oh No. 26, page 33l.) 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. Pollard, Wheeler, Young and Mayor St.lief ................................6. NAYS: None .................. O. (Mr, Jones absent) Mr. Pollard then offered the following emergency Ordinance appropriating the $2.027.14: (n15361) 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 Rook 26. page 333.) 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. Pollard. Mheeler. Young and Mayor St,liar .................................. 6. NAYS: None ....................O. (Mr. Jones absent) BURGET-AIRPORT: The City Manager submitted a written report, advising that the Federal Aviation Agency has expressed concern Over loose rock in and around the taxi areas of the quonset hangars at Roanoke Municipal Airport which is causing critical propeller damage, and recommended that one-half of the estimated $6,000 required to pave the areas be appropriated now with consideration to be given to appropriating the remaining $3,000 in the 1~64 budget. 101. 102 On motion of Mr. Young, seconded by Mr. iheeler and unanimously adopted, the matter mas referred to u committee composed of Messrs, Roy L, ~ebber, Cbuirmoof Roy R, Pollard, SFe, Arthur $, Omens, Robert M, ~oody, J, ~, Durress, E. R, Vaught, Mllllnm Ho Carder and T. K, Frantz, Jr,, for study, report and recommendation to Council, HEALTH DEPARTHENT: The City Manager submitted a written report, recom- mending that the State Department of Health be requested to assist the Commissioner of Health for the City of Roanoke in conducting a detailed program and health needs survey mJth evaluation and recommendations for Roanoke, at no expense tn the city. Mr. lbeeler moved that Council concur in the recommendation of the City Manager and offered the foil*ming Resolution: (n15362) A RESOLUTION requesting the State Department of Ilealth to conduct a survey of local health needs. (For full text of Resolution, see Resolution Rook No. 26, page 333.) Mr. Wheeler moved the adoption Of the Resolution. The motion was seconded by Mr. Pollard and adopted by the foil*win9 vote: AYES: Hessrs. Dillard, Garland, Pollard, Mheeler, Young and Mayor St*lief .................................. NAYS: None ....................O. (Mr. Jones absent) PARKS AND PLAYGROUNDS-STATE IiICHRAY$: Council having previously authorized the City Manager to file an application with the Housing and Home Finance Agency for a 9rant of funds to be used in the acquisition of open-space land in connection with the Mill Mountain. Chestnut Ridge and Yellow Mountain recreational area, the City Manager submitted a written report, advising that in connection with attempts to secure funds in the amount of 30~ from the Federal Government for this purpose it will be necessary to enter into an agreement with the County of Roanoke relating to the preservation of open-space land in Roanoke City and Roanoke County, and requested that he be authorized to sign the #Memorandum of Agreement* for and on behalf of the City of Roanoke. Mr. Dillard moved that Council concur in the request of the City Manager and offered the following Resolution: (u15363) A RESOLUTION authorizing the execution, for and on behalf of the: Citl of Roanoke, of a #Memorandum of Agreement Relating to the Preservation of Open- Space Land in the City of Roanoke and in the County of Roanoke, Virginia.# (For full text of Resolution, see Resolution Boob No. 26. page 334.) Mr. Dillard moved the adoption Of the Resolution. The motion sas seconded by Mr. ~heeler and adopted by the following vote: AYES: gessrs. Dillard, Garland, Pollard, Rheeler, Young and Mayor Stoller ................................ 6. NAYS: None ................... O. (Mr. Jones absent) POLICE DEPARTMENT: Council having requested the City Manager to report back to the body as to the workability of the plan for placing members of the Police Department on a 40-hour work week four months after its inception, the City Manager submitted a written report, including the following crime statistics: #aaslaughter I 5 0 I 0 Rape 2 I 1 Robbery 5 6 I 4 4 I 2 Aggravated Assault 15 21 Burglary B ~ £ 33 36 54 88 46 63 35 66 G, Larceny 26 23 31 29 35 23 14 25 P. Larceny 101 76 104 lib 106 65 82 100 Auto Theft 5 15 15 22 21 32 15 19 Arrests made during the same period of time: 1963 1962 April Ray June July April May June July 2977 2888 2070 1748 2427 2001 2553 2600 The City Manager also presented a communication from Major F. Ho ~ebb, Superintendent of Police, voicing the opinion that the only way to absorb the lost hours is with man-power and requesting that Council appropriate sufficient funds to employ six additional policemen, the City Manager verbally reporting that he is not Mr. Dillard moved that the report of the City Manager be filedo Mayor Later during the meeting. Mr. Mheeler again raised the question of additional policemen and moved that the City Manager have the Chief of Police and Captain Murray O. Cochran appear before Council for a discussion of the matter. Zhe motion sas seconded by Mr. Pollard and adopted, Mayor 5toller voting no. WATER DEPARZMENT: Council having directed the City Manager to submit an estimate of the cost of modernizing the Falling Creek Plant. the City Manager submitted a written report, advising that it sill cost approximately $75,000 to modernize the Falling Creek Plant to meet the Public Health Drinking Water Standards of 1962. United States Public Health Service that the Falling Creek Plant Is old and lacking be directed to proceed uith the preparation of plans for modernizing the Failing Creek Plant and to advertise for bids on the project. ~he motion was seconded by Mr. Dillard and unanimously adopted. 104 PARI~ ARD PLAYCROUNDS-CERRT£RI~S: Council having directed the City Hanager to ascertain the actual boundaries of the cemetery in Bowman Park. he submitted the roil,ming report: *Roanoke. Virginia To the City Council Roanoke. Virginia Gentlemen: On July 29. 1063. I advised yon there was a cemetery in Rowman Park. and yom directed me to ascertain the actual boundaries of the cemetery and report back to Council. Due to early graveyards being 'uncharted* or not recorded. the line of demarcation of this cemetery would be Impossible to ascertain with complete accurate boundary lines, I am presenting to you a map showing the park and that part which is believed to contain several bodies of early citizens of the area. There are three trees in this area. considerable amount of rock and some apparent fo,ts,ones which cover an area approximately 25 by 30 sq. ft. This area is outlined on the map. Respectfully submitted, S/ Arthur S. O~ens City Manager' After a discussion of the matter, Council being of the opinion that the 50* x 50* square shown in the northwest corner of Bowman Park on the map should be fenced in. and the Assistant City Attorney advising Council that a Resolution tO carry out this action is unnecessary and a motion mill suffice, Mr, Young moved that The motion the City Manager be authorized to fence in the area shown on the map, was seconded by Rr, Dillard and unanimously adopted, CORPLAINT$: Council having referred to the City Ranager for investigation and report a complaint of Mr. Fred L, Mitchell, Sro. 1023 Thirty-fifth Street, N, W.e of dust emanating from the unpaved driveway and parking lot of ltennis Freight Lines. Incorporated, 3348 Salem Turnpike, N. M,, the City Ranager submitted a written report, advising that the corporation is going to oil treat the parking area which should eliminate any further dust problem and that since the road from Salem Turnpike to its garage is already paved the only part in qoestion is the parking area, On motion of Mr. Wheeler. seconded by Mr. Young and unanimously adopted. the report was filed, STATE HIGHWAYS-AUDITORIUM-COLISEUM: 'The City Manager submitted a written report, requesting that Council adopt a Resolution requesting the Virginia Departmeni of Highways to provide a pedestrian underpass under Interstate Spur 581 in the vicinity of Walker Avenue, No E'., in connection with the proposed auditorium- coliseum planned to be located in the Commonwealth Redevelopment Project, Mr° Young moved that Council concur in the request of the City Manager and i offered the following Resolution: i, 'i ,! (n15564) A RESOLUTION requesting the Virginia State Department of Hlgkmays to provide a pedestrian underpass under Interstate Spur 581 in the vicinity of Nelker Avenuee No (For full text of Resolution, see Resolution Rook No, 26, page 334°) Mro Young moved the adoption of the Resolution, The motion was seconded by NFo Wheeler and adopted by the following vote: AYES: HeaRts. Dillard, Garland, Pollard, Wheeler, Young and #ayor Stoller ................................. NAYS: None ....................O. (Mr. Jones absent) REPORTS: The City Manager submitted a written report, transmitting a report of the Department of Public Relfare for the month of June, 1953, 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 filed. REPORTS OF COMMITTEES: PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The committee appointed to study bids received on Contract "C' for modernization of the Municipal Refuse Incinerator Plant, including demolition of two existing incinerator furnaces and relinin9 existing steel shells, new stoker 9rates, fans, etc., submitted the following report: 'August 7, 1963 To The City Council Roanoke, Virginia Members of Council: Attached hereto is a tabulation of bids for the modernization of the Municipal Refuse Incinerator Plant located on Gilmer Avenue, N. E., which bids were opened before City Council on Monday. August 5, 1953. There were seven (7) bids submitted On this project. The low base bid was submitted by Pyro Incinerator and Supply Company in the amount of $159,590.00. The specified time for completion of the project is 210 calendar days after the signing of the contract. It was further stipulated that the plant should be completely shut down during the alterations for a period of five (5) days. Your committee, ofter carefully considering the bids and the various items involved, recommends that the contract be awarded to Pyro Incinerator and Supply Company in the amount of $159,590.00 and that the sum of $159,608.00 be appropriated to cover this contract and the advertising costs. Respectfully submitted, S/ Vincent S, Wheeler Vincent S. Wheeler, Chairman S/ Denton O, Dillard Denton O. Dillard S/ Roy R. Pollard, Roy R. Pollard, Sr. Council Incinerator Committee" Mr. Mheeler advised that the Pyro Incinerator and Supply Corporation agreed in its bid to deduct $0,400 from the base bid if stokin9 9rates manufactured by the Detroit Stoher Company are used instead of grates manufactured by Flynn and Emrich Company and that it is the verbal recommendation of the committee that the Detroit Stoker Company equipment be used. 105 106 Mr. Mheeier norad that Council concur in the written and verbal racom= mendatlons of the committee and offered the following emergency Ordinance accepting the proposal of Pyro Incinerator and Supply Corporation in the amount of $151,190: (s15365) AN ORDINANCE accepting the proposal of Pyro Incinerator ~ SupplyI Corporation for doing certain work in and about the modernization of the Roanoke Municipal Incinerator Plant under Co~tract 'C"; authorizing the execution of a requisite contract therefor; rejecting all other proposals for the doing of said t work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 335.) Mr. Mheeler 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: None ....................Oo (Mr. Jones absent) Mr. Wheeler then offered the following emergency Ordinance appropriating $151,208 to cover the contract and advertising costs: (#15366) AN ORDINANC£ to amend and reordain Section Zl?O, ~Capital,# of the 1963 Appropriation Ordinance, and providing for an emergency° (For full text of Ordinance, see Ordinance Rook No. 26, page Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, Mheeler, Young and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Jones absent) WATER DEPARTMENT: Council having referred bids on the construction of two rest rooms and the installation of septic tanks in connection therewith at Carvins Cove to a committee composed of Dr. C. R° Cornell. chairman, Mr. Roy L. Webber, Mr. Walter L. Young and Mr. Roy R. Pollard, St** for tabulation, report and recommendation, taking into consideration comments made concerning improvements at Curtius Cove at the meeting of July 8, 1963, and a report to be submitted by Mr. Ben R. Bolen, Commissioner of State Parks, with regard to a plan for thc development of recrea- tional facilities at the Cove. the committee submitted the following report: ~Roanoket Virginia August 12, 1963 To the City Council Roanoke, Virginia Gentlemen: At our regular meeting of Monday, July 8, 1963, you received bids for the construction of two rest rooms at Carvins Cove in the picnic and dock area and installation of two septic tank systems described as Contract WA# and Contract *B'. Under Contract mAN, there were five bidders of which the Southwest Building Corporation was Iow in the amount of $11,290. The Regional Construction total for the t~o of $17,890. The Committee recommends the awarding of Contract #Aw and Contract wB# to the respective 1o~ bidders. It is our recommendation also to mead the contract with these respective Companies to install comparable facilities lo the Bennett Springs area, at a cost estimate of $10,000 presuming that the unit price will prevail as outlined in proposals and Me also recommend an additional appropriation o~ for pumps, etc, and $250 for professional services and adver- tising, Me recommend that you refer these recommendations to the City Attorney with instructions that he prepare the necessary appropriate resolution. Me also recommend that you refer to the 1964 Budget Commission for Council's consideration the following: 1. Concession Stand Building $20,000 2. Widening of the entrance road 500 3. 25 picnic tables 500 4. Blacktopping of the road to picnic area 2,000 5o BlacktoppJn9 of the dock area 4,000 6, To rebuild and improve existing docks 8,000 Me recommend that the Bolen report be accepted and filed for future reference a,d that a resolution be adopted thanking Mr. Ben Bolen, Mr. Wilkerson and others who assisted in the preparation of the report and mbo offered their help concerning improvements at the Cove. The committee believes that the location of the buildingt septic fields and the work, In general, be approved by the City Manager and the Health Department. Respectfully submitted, S/ Charles M. Cornell Charles M. Corn*Il, Chairman S/ Roy L. Webber Roy L, Mebber S/ Walter L. Young Walter L. Young S/ Roy Re Pollard, Sro Roy R. Pollard, Sr.# In this connection, Dr. Corn*Il presented petitions signed by 1,501 residents of Roanoke City and Roanoke CountI and six communications urging that Council make the. necessary improvements to ~eep Carvins Cove open to the public. The City Clerk. presented petitions signed by 525 citizens and two communications, requesting that necessary steps be taken to keep Carvins Cove open. Mr. S. Alber~ Trumpeter appeare.d before .Council and reiterated that not enough Roanoke citizens use Carvlns Cove to warrant keeping it open, Hr. Trumpeter requesting that the Cove be closed as of Labor Day, 1964. ~. R. Blair, Commander, Coast Guard Flotilla 93, appeared before Council and presented a communication, advising that his organization is very much interested in he*ping Carvins Cove open for boating, fishing and picnicking and would like to lend its support to help improve this area, it being suggested that the cost of making Carvins Cove a good recreational area could be absorbed by the public in the form of ~ small admission fee. Also speakin9 in favor of improv.ing ~arvins Cove to permit boating, fishing and picnicking were Mr. E. Jo Graves, Vice President, Valley Marine Center, Incorporated. Mr. Scott B. Doyle, Jr** and Mr. William C. Cochran. 107 108 After a further discussion of the matter, Mr. Garland stating he can see no more reason to improve Curtius Cove for public use than to operate a public golf coarse, that if the Cove is too midely used by the public there is danger of polluting the mater, aud that he is afraid an extremely large sum is going to be spent on improving Carvins Cove before it is over with, Mr. Dillord moved that Council concur in the report of the committee and that the City Attorney be directed' to prepare the necessary measures required to carry out the recommendations of the committee. The motion was seconded by Mr. Young and adopted, Mr. Garland voting no. UNFINISHED BUSINESSI REFUND5 AND REBATES-LICENSES: Council having directed the City Attorney to prepare the proper measure relieving Mr. Raymond W. Gassett of payment of the second installment of license taxes for operation of the Paradise Kitchen at 324 First Street, N. ¥.. since the building was destroyed by fire on April 24, 1963, and having subsequently considered denying the request on the basis that the 1963 license tax of Hr. Gassett is bused on the gross receipts of business he did in 1962 and if he reopens the business his 1964 license tax will be loser because it will be based ga business done in 1963, the matter was again before the body. In this connection, Mr. Gassett appeared before Council and advised that although the owner of the property 'in question is in the process of rebuilding the structure his lease has been cancelled and he does not have sufficient capital to open a new restaurant. Council being of the opinion that the request of Nfo Oassett is a hardship case which should be granted, Mr. Garland offered the following Resolution: (g!5367) A RESOLUTION directing the Commissioner of Revenue to relieve Raymond ~. Gassett from the payment of the second installment of the retail merchantSs license and the City*s retail beer license for the operation of the Paradise Kitchen for the year 1963. (For full text of Resolution. see Resolution Book No. 26, page 336.) 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, Pollard, Rheeler, Young and Mayor Stoller ................................. NAYS: None ....................O. (Mr. Jones absent) CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SYREET$ AND ALLEYS: Ordinance No. 15354. vacating, discontinuing and closing a certain 12~foot alley running through Block 39, Rest End and Riverviem, from Twentieth Street to Twenty-first Street, S. M., parallel to Rorer Avenue and Salem Avenue. having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Pollard offering the follosing for its second reading and final adoption: (n15354) AN ORDINANC£ permanently abandoning, vacating, discontinuing nnd closing that certain alley located in the southwest quadrant of the City of Monnoke, Virginia, and more particularly described as follows: (For full text of Ordinance, see Ordinance Book No. 26, page 328.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mtn Wheeler and adopted by the follonlng vote: AYES: Messrs. Dillard, Garlnndo Pollard, Wheeler, Young and Mayor Stoller .................................. NAYS: None ....................O, (Mr. Jones absent) HEALTH DEPARTMENT: Council having directed the City Attorney to prepare the proper measure accepting the proposal of the Picker X-Ray Corporation for supplying one new x-ray machine equipped math fo.67 lens to the Health Department at a net purchase price of $12,2060 he presented same; whereupon, Mr. Garland offered the following emergency Ordinance: (n15368) AN ORDINANCE authorizing the purchase of a Photofluorographic X-Ray Machine from Picker X-Ray Corporation at a net purchase price of $12,206.00, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 336.) 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, Pollard, Nh*el*r, Young and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Jones absent) Mr. Garland then offered the followin9 emergency Ordinance appropriating the $12.206: (~1536g) AN ORDINANCE to amend and reordain Section ~40, "Health Depart- ment," of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 338.) Mr. Garland moved thc adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote; AYES: Messrs. Dillard, Garland. Pollard, Nh*el*r. Young and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Jones absent) MOTIONS AND MISCELLANEOUS BUSINESS: LIBRARIES: Mr. A. E. Bert Snyder appeared before Council. advising that the elevator in the Roanoke Public Library has a sign on it stating the elevator is unsafe for public use, and raised the question as to why the elevator has not been repaired. On motion of Mr. Young. seconded by Rt. Dillard and unanimously adopted. the City Manager was directed to contact the manufacturer of the elevator and ascertain the cost of repairing said elevator. 218 The Resolution offered by Hr, Dillard mas lost by the following vote: AYES: Mr, Dillard and Mayor St,lief ................................... 2. NAYS: Hessrs. Garland° Jones, Pollard, Rheeler nad Young ............... ~r. Jones then moved that Council take the necessary action at the present meeting to grant the members of the Fire Department one additional day off per month, effective January 1, 1964, The motion was s~conded by Mr. Garland and lost by the following vote since such action would require the unanimous consent of Council: AYES: Ressrs, Dillard. Garland. Jones, Pollard, ~heeler and Young ....... NAYS: Mayor Stoller .....................................................1. Hr. Jones then moved that the matter be placed on the agenda for the next regular meeting of Council and that, in the meanwhile, the City Attorney prepare the proper measure amending subsection (e) of Section Il, Chapter 3, Title II, of The Code of the City of Roanoke, 1956, relating to office hours and holidays for city employees, to provide that each member of the Fire Department who works on twenty- four hour shifts shall receive three days off per month and each dispatcher shall receive seven days off each month in lieu of Saturdays, Sundays and holidays, effective January 1, 1964, The motion was seconded by Rr. Dillard and unanimously adopted. TRAFFIC: Council having directed the City Attorney to prepare the proper measure authorizing the barricading of the southern end of C,fbi,shaw Road, S. he presented same; whereupon, Mr. Pollard moved that the following Ordinance be placed upon its first reading: (=1543R) AN ORDINANCE directing the erection of a vehicular barricade across Corbie'shaw Road, S. N., at the west corporate limits of the City. BE IT ORDAINED by the C,un, il of the City of Roanoke that the City Ranager be. and he is hereby directed to cause abarricade to be erected and maintained across Corbieshaw Road, S. N., a public street of the City, at the west corporate limits of the City so as to prohibit the use of said street at that point for vehicular traffic, pedestrian traffic and other use of said public street not to be thereby prevented. The motion was seconded by Mr, Dillard and adopted by the following vote: AYES: Messr$, Dillard, Garland, Jones, Pollard and Mayor Stoller ......'--5 NAYS: Messrs, #heeler and Youn9 ................... ~ ................... 2. PURCHASE OF PROPERYY-RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Council havin9 directed the GitI Attorney to prepare the proper measure providing for the purchase of a 3, IR-acre tract of land adjacent to the Villa Heights Community Cente~ from Rr. E. Jackson Thomas for park purposes at a price of $9,000, he presented same; whereupon, Mr° ~heeler offered the following emergency Ordinance: (=15433) AN 0RDIltANCE authorizing and directing the acquisition of an approximate 3,12-acre tract of land designated as Tax No, 2440715 for a purchase price of $9°000, cash, for public park purposes; and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No, 26, page 387,) Rr. Nheeler moved the adoption of the Ordinance, ?he motion was seconded by Rr, Dillard and adopted by the followin9 vote: 110 MATER DEPARTMENT: Mr, Garland brought to the attention of Council the question of appointing agents throughout the city to collect water bills as Is done In the case of other public utilities and suggested that a committee composed of n member of Cou.ncil, the City Manager, the. City Auditor and the Manager of the Mater Department be appointed to ascertain if the agents handling other utility bills would be willing to collect water bills for the city at no charge to th~ city. After a discussion of the matter, Hr, Young pointing obi that the City Charter requires city employees collecting money for the city to be bonded, Mr, Garland moved that the question of appointing agents throughout the city to collect mater bills he referred to the City Attorney for an opinion as to whether or not such action mould be in violation'of the City Charter, The motion was seconded by Mr. Rheeler and adopted, Mr. Dillard voting no. BROADCASTING: The City Manager submitted a verbal report, advising that Bomntown Roanoke, Incorporated, has advised him that Dollar Bays will be held August 16-17. 1963, and that in an attempt to create Interest and air of activity in the doMntown area Downtown Roanoke, Incorporated, is arranging for several radio stations to broadcast for a few hours at sidewalk locations on private property, the City Manager stating he has been informed by the City Attorney he does not have authority to grant this permission and recommending that the appropriate Resolution be adopted granting such permission. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (c15370) A REOLUTION permitting certain radio broadcasts in downtown Roanoke on August 16 and 17, 1963. (For full text of Resolution, see Resolution Book No. 26, page 338.) Mr. Pollard moved the adoption of the Resolution, The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrso Garland, Pollard, Wheeler, Young and Mayor Stoller ....... ~A¥$: Mr. Dillard ...................................................... (Mr. Jones absent) On motion of Mr. Dillard, seconded by Hr. Garland and unanimously adoptedt the meeting was adjourned. A PPR 0 ¥ E D 't' /City Clerk Mayor COUNCIL, REGULAR MEETING, Monday, August 19, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Rueiclpal Building. Monday, August 19, 1963, at 2 p.m., the regular meeting hour. with Mayor St,lief presiding. PRESENT: Councilmen Robert A. Garland. James E. Jones, Roy R. Pollard, Sr., Vincent S. Nheeler. Molter L. Young and Rayor Murray A. St,lief ........... ABSENT: Councilman Benton O. Dillard ................................1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. Randolph G. Whittle. City Attorney. and Mr. William F. Griggs, Assistant City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend O,maid Knapp, Pastor, Harsh Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, August 5. 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 with and the minutes approved as recorded. REARING OF CITIZENS UPON PUBLIC RATTERS: PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Pursuant to notice of advertisement for bids on supplying one tractor and one scraper in connection with the operation of a sanitary landfill at East Gate. said proposals to be received by the City Clerk until 1:30 p.m., August 19, 1963. and to be opened at 2:00 p.m.. before Council, Mayor St,lieF asked if there Has anyone present who did not fully under- stand 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: TRACTOR Bemiss Equipment Corporation Rish Equipment Company Carter Machinery Company, Incorporated $ 31,094.40 Net 32,000.00 Net - (39,52T.00 (3T,300.00 Net SCRAPER Carter Machinery Company, Incorporated - $ (9,325.00 (B.BO0.O0 Net Richmond Machinery & Equipment Company, Incorporated - 9,999.00 Net Rish Equipment Company - 12.723.00 Net On motion of Mr. Young, seconded by Mr. Wheeler and unanimously adopted. the bids were referred to a committee composed of Messrs. James E. Jones, Chairman, Arthur S. Owens. H. Cletus Broyles and Bueford B. Thompson for tabulation and report to Council. STREETS AND ALLEYS: Council having previously set a public hearing for 2 p.m., August 19, 1963. on the request of The Kroger Company that a 12=foot alley 111 112 running thron0h Block 71, Melrose Land Company, from Nineteenth Street to Tuentieth Street, N. M., parallel mith Melrose Avenue nnd Orange Avenue, be vacated° discon- tinued smd closed, the matter wes before the body. In this connection, Mr. Sidney £. Parham, Jr., Attorney, representing the petitioner, appeared before Council in support of the request of his client. The follomin9 report of the City Planning Commission, recommending that the request be granted, nns brought to tbs attentien of Council: "July lB, 1963 The Honorable Murray A. Stoller, Mayor. and Members of City Council Roanoke, VirginJn Gentlemen: In its July 17, 1963 meeting the City Planning Commission heard from Mr. Sidney F. Parham, Jr., that the closing of this alley would be necessary tO permit the construction of n supermarket on this block. After due consideration of all factors involved, the Planning Commission concluded that there is no need for the retention of this alley and that it may be closed provided that The Kroger Company accepts the responsibility of relocating the existing sewer lines around their proposed new building and for bearing the cost of construction. In addition, a new easement should be established in tbs location of the new sewer line. Provided the above conditions can be met by The Kroger Company, the Planning Commission recommends to City Council that the present alley be vacated, discontinued and closed. Respectfully submitted, S/Warner K. Sensbach for Barold W. Hill Chairman" It was also brought to the attention of Council that viewers have submitted a report, advising that they have viewed the said alley and are unani- mously of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing same. Mr. A. E. Bert Snyder raised the question as to mhether or not The Kroger Company intends to retain ownership of the supermarket proposed to be erected on the property for the life of its usage. Mr. Parham explained that The Kroger Company, or a snbsidiary, will occupy the proposed building as long as business warrants it. lu Section 71o as shana on the #ap of Melrose Lurid Company, and more particularly hereJmmfler described, of the ~llJn~ o; wbJcb petition due notice MOS given to the public as required by leu; nnd ~HEREAS, in accordance with the prayers of said petition, vleuers mere appointed by the Council on the 8th day o~ July. 1963, to vlen the property and to report Jn uritJng uhether Jn their opinion any inconvenience mould result from permanently vacating, discontinuing and closing said alley; and WHEREAS. it appears from the uritten report or the vleuers filed ulth the City Clerk on July 17. lC63. that no inconvenience mould result either to any individual or to the public from permanently vacating, discontiuuing and closing said alley; and MHEREAS, Council at its meeting on July 9, 1963, referred the petition to the City Planning Commission. uhich Commission by its report filed uith Council on July 22. 1963, recommended that the petition to vacate, discontinue and close the above described alley he approved, provided the petitioner, The Kroger Co.. accept the responsibility of relocating the existing sewer line in the alley around its proposed hem building, bear the cost thereof, and give to the City a proper easement for the neu location of the said seuer line; and WHEREAS, a public hearing was held on the question before the Council at its regular meeting on August 19. 1963, after due and timely notice thereof published in Zhe hoanoke Korld-Neus, at uhlch hearing all parties in interest and 113 1'1.4 Roanoke is empouered so to do, except that u public easement Js hereby reserved for the maintenance, repair and replacement of the existing public sener line non located in said alley, said easement to become in part extinguished upon the relocation of said saner line ns hereinafter provided. BE IT FURTHER ORDAINED that upon the relocation of any part of the existing sewer line by and at the expense of The Kroger Co, in a manner first approved by the City's Director of Public Norks and upon the recordation of a proper! deed of easement, approved as to form by the City Attorney, from The Kroger On, to the City for the maintenancet repair and replacement of such relocated portion of the new public sewer line. that the easement reserved herein for said existing sewerl line shall be and become abandoned and of no further force and effect as to that portion of the existing semer line replaced by the relocated sewer line. BE IT EURTBER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated' on said alley on all maps and plats on file in his office on which said alley is shown, referrin9 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 o~ the Hustings Court for the City of Roanoke, Virginia, 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 which are shown said alley, as provided by law. and that, if so requested by any party in interest, he may record the same in the deed book in his office indexing the same in the name of the Citl of Roanoke as grantor and in the name of any party in interest who may request it as grantee, TEe motion was seconded by Mr, ~heeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mheeler, Young and Hayor Stoller ............................. NAYS: None ................. O. (Hr. Dillard absent) ZONING: Council having previously set a public hearing for 2 p.m,t August 19, 1963. on the request of the Hartman Corporation, et al,, that three parcels of land located on the southerly side of Hershberger Road, N, W., east of Ferncliff Avenue, Official Tax Nos. 2480110, 2480111 and 2480141, be rezoned from General Residence Oistrict to Business Oistrict. the matter was before the body. In this connection, the following report of the City Planning Commission. recommending that the request be denied, was brought to the attention of Council: "July 17, 1963 The Honorable Hurray A. Stoller, Nayor, and Rembers of City Council City of Roanoke, Virginia Gentlemen: This rezonin9 request was considered by the City Planning Con- mission in its July 17, 1963 regular meeting. The City Planning Commission was informed that it is the intent of the property owner to use this land for business purposes, The applicant claimed that the proximity of the intersection of Interstate Spur 581 with Bershberger Road will make this location suitable for commercial development. / . In studying pertinent maps of existing land use and highways, the Planning Commission noted that the parcels under consideration are surrounded on three sides by single family homes. Thereforeo the residential character of the area has now been established, On the basis of this Information, the Planning Commission found that a business zone mould be detrimental to existing residential property and that it is not in conformity uith the land use plan of the Planning Commission. The City Planning Commission therefore recommends to City Council that the above rezoning request be denied, Respectfully submitted, S/ Weroer K. Sensbach for Harold H. Hill Chairman' Mr. Earl A. Fitzpatrick, Attorney, representing the petitioners, appeared before Council, voicing the opinion that the land in question Is unsuitable for subdivision purposes and that the owners thereof are at a loss as to what to do mith the property if it Is not renamed for business purposes. In a discussion of the matter, Hr. Pollard agreed with Mr. Fitzpatrick that there will never be any homes erected on the three parcels of land and voiced the opinion that if the property is rezoned for business purposes it will mean more revenue for the city. Mayor Stoller and Mr. Jones expressed the opinion that a definite plan for use of the property for business purposes should be presented before consideration Is given to rezonlng same. Hr. Jones also pointing out that there are several schools in the vicinity. NO one appearing in opposition to the proposed rezoning, Mr. Pollard moved that the request for rezoning be granted and that the following Ordinance be placed upon its first reading: (~!5372) 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 hare the property located on the sodtherly side of Hershberger Road, North West, east of Ferncliff Avenue. Official Tax Nos. 2480110, 2480111 and 2400141, rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land not 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 Roanohe, 1956, relating to Zoning, has been published in *lhe Roanoke World News,' a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice was held on the lqth day of August, 1963, 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 ii5 116 NREREAS, this Council, after considering the evidence presentedt is of the opinion that the hereinafter described land should he rezoned. THEREFORE, BE IT ORDAINED by ~he 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 roi'lowing particular and no other, viz.: Property located on the southerly side of Hershberger Road, North Nest, east of Ferncliff Avenue, designated on Sheet 248 of the Zoning Map as Official Tax Nos. 24801100 2480111 and 2480141. be, and is hereby, changed from General Residence District to Business District and the Zoning Nap shall he changed in this respect, The motion mas seconded by Mr, Nheeler and adopted by the following vote: AYES: Messrs. Garland, Pollard, Wheeler and Young .....................40 NAYS: Mr. Janes and Mayor Stoller .....................................2, (Mr, Dillard absent) AIRPORT: Mr. J. N, Burress appeared before Council. voicing the opinion that there is a need for additional hangar space at Roanoke Municipal Airport since many of the owners of large planes, sbu mould like to store their planes at ~oodrum Field are nas taking t~em elsewhere, and requested that consideration be given to the building of three additional hangars at once, said hangars to be approximately sixty feet by eighty-five feet, sixty feet by one hundred feet, or one hundred feet by one hundred forty feet. On motion of Mr, Garland, seconded by Mr, Young and unanimously adopted, the request was referred to Messrs. Roy L, ~ebber, Chairman, Roy R. Pollard, Sr., Fuirla~d Map, Official Tax Nos° 2471001, 2471002 and 2471003, be rezoned from ,! 117 REPORTS OF OFFICERS: STREET LIGBTS: The City Manager submitted a written report, recommending that street lights be installed in the middle of the ITO0 block of Nineteenth Street N, E., and at the dead end of Estates Road, Se E. RF, Rheeler moved that Council concur In the recommendation of the CSty Manager and offered the i,ll,ming Resolution: (nlSa?3) 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, 26, page 340,} Rt. Rheeler moved the adoption of the Resolution, The notion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mheeler, Young and Rayor St,lieF ................................ NAYS: None ................. O. (Rr, Dillard absent) BUDGET-RECREATION UEPARTBENT: The City Manager submitted a written report! advising that he has been informed by the Director of Parks and Recreation that due to the opening Of the new Fairview, Nestside, Round [Mill and Harrison playgrounds, which wore not pro¥ided for in the 1963 budget, as well as other items, and the fact that because of an unusual dry spell all of the parks hare operated the entire eight ~eeks without interruption, it Is Imperative that $4,000 be appropriated to Personal Services under Section si10, "Recreation Department,' of the 1963 budget, ia order to finish the current sumner playground program, the City Ranager con- CUFFing in the request, Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15374) AN ORDINANCE to amend and reordain Section ~110, "Recreation Department," of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page Mr. garland moved the adoption of the Ordinance. The motion was ~eeondcd by Mr. Pollard and adopted by the following vote, Mr, Jones explaining that he has not had aa opportunity to study the matter: AYES: Messrs. Garland, Pollard, Rheeler, Young and Mayor Stoller ....... NAYS: None ............................................................ O, (Hr. Dillard absent, Mr. Jones not voting) BUDGET-PARKS AND PLAYGROUNDS-GARBAGE REMOYAL: A recommendation of the City Manager that $2,000 be appropriated to Operating Supplies and Materials under Section a97, "Refuse Collection and Disposal," of the 1963 budget, to provide for the purchase of enough bags to last for an additional eight weeks pending a decision by Council concerning the use of the papercan system of refuse collection, having been lost by a 3-3 vote of the body, and Mayor Stoller having requested that the matter be placed on the agenda for the present meeting of Council due to the absence of Mr. Jones, the City Manager submitted a written report, together ~lth the full,ming report of the Director of Public Morks including comparative figures on the cost of the proposed system and the present system: 118 *INTERDEPARTMERT COMMUNICATION DATE: August 15, 1963 TO: Mr. Arthur S. Owens, City Manager FROM: B. Cie*us Broyles0 Director or Public Murks SUBJECT: *Papercan* System Attached hereto is a report shomlng a Summary of Costs and Savings using the °Papercan* Incentive Refuse Collection as compared to our present refuse collection system. This report includes the various costs and savings bath to the City of Roanoke and to the users. As indicated in the summary of the report, there is a net annual saving to the City of $19,216 and an annual cost of $10,120 to the users. Certain facts and cost data used In this report ~ere based ga our findings and conclusions reached during the three month experimental test in the Dorchester Court and South Roanoke areas. Your attention Is called to a letter dated August 11. 1963 to Mr. Vincent Wheeler from Mr. Steve Olmstead, a copy of which is attached, making the City a new proposal on the cost of the holder~. This proposal represents a ~ajor sating and ts reflected in my report. There does not seem to be any doubt that a significantly large majority of the people who tried the 'Papercan' System during the three month test period consider it to be far superior to our present system. A recent survey made by this department, in a house to house canvass, using questionnaires signed by the citizens, showed that in the South Roanoke area 69 per cent farored the 'Papercan' System and in the Dorchester Court area 92 per cent favored the *Papercan* System. A large majority of these same people have expressed a willingness to pay a cost of $5,00 on their holders, Members of City Council and several city officials have had a chance to use the holder and bags and they can best speak for their own personal evalua- tions. It should be pointed out that in College Park, Maryland, the only city in the country now using papercans, over 90 per cent indicated they favor the *Pap*ream' System over metal cans. This percentage sas recently verified by a spot survey conducted by the Roanoke Times. ! do not think Jt is necessary to go into the details about the sanitation aspects of the *Pap*ream' System, although it is ObVious that there is a ~hole area of potential benefits which are not now measurable. One of these areas is in the reduction of flies and the elimination of the old garbage cans, which for the most part is the source of flies. Another Of these areas is in reduced street sweeping necessary in residential streets. As a practical matter, this department is vitally concerned with four area~; namely, service, manpower efficiency, equipment o~eration and cost. I feel that the adoption Of the Westvaco *Papercan* System with twice-per-week collection is a *progressive* step and will give Roanoke one of the most efficient, clean and modern systems devised to date. I can not express too much the significant improvement this system would cause over our present operation. A hey factor in this operation is the incentive task method Of collection which is an integral part of the proposed *Pap*ream* System. RECOMMENDATION: It is recommended that City Council adopt the Westvaco *Papercan* System of Refuse Collection employing the incentive *fasb System* on the following basis: 1. That the City of Roanoke furnish and install the basic , wall=type holder to every user in the City of Roanoke. (Cost $3.50 each) This also includes extra holders which may be required. 2. That the user pay the difference of $2.00 should he desire a stand-type holder to the wall-type holder, 3, That the user pay for an animal guard if one is necessary or desired, ($6°45 each) 4. That the City of Roanohe furnish bags to all users on the basis of two bags per week, $, That the user pay for all bags used over and above the allotment of two bags per week per holder, 6. That the City Manager be authorized to enter into an agreement with the West Virginia Pulp and Paper Company to *equate the necessary holders to put the system Into effect and to supply the city with papercan hags to carry the operation through 1964 in accordance with Mr. OlmsteadOs letter of August lie 1963, 7. That au ordinance be passed adopting the system, pro- riding a transition period of four months starting October It 1963. nnd making the offioial date *flail compliance July 1, 1964, 8. That the sum of 560.000 be npprorplated as follows: $26.RS0 Initial payment on holders - transfer from Wages - Refuse Collection and Disposal 33,750 Cost of *Pap*teens* needed for remainder of 1963 - transfer from other surplus funds in Refuse Collection as needed 12,375 Installation cost - transfer from surplus funds in Refuse Collection and S'treet Cleanln9 Accounts $72,375 589,250 Final payment on holders - to be included In the 1964 Budget ALTERNATE RECOMRENDATION= Should City Council find difficulty in financin9 the initial cost of the holders, it is recommended as an alternate, that the user he required to hear this cost. At $3.50 each for 27,$00 holders plus 20 per cent extra holders, this mould amount to $115,000. Our survey indicated that.users are wallin9 to pay $5.00 on the basic holder. ~/ ti. Cletus Bro¥1es Director of Public Murks" In this connection, Mr. Stephen B. Olmstead, a representative of the West Virginia Pulp and Paper Company, appeared before Council and called attention to a letter addressed to Mr. Vincent S. Wheeler, Chairman of the Incinerator Committee, advising that his company is willing to supply the holders for 53.50 each as compared with the original cost of 5?°00 and that at the end Of a year the company will take back any un~anted holders at cost, Mayor Stoller pointed out that this would in effect allow a trial period of the papercan system of refuse collection in the City of Roanoke for a period of one year at the expense of the city, but at the risk of the Nest ¥irulnia Pulp and Paper Company. Mr. Young and Mr. Pollard questioned the cost of 522,800 to the user based on 5.83 per stop per year, voicing the opinion that these figures should be double the amount given by the Director of Public Works. Mr. Broyles introduced four members of the five-man crew of the Sanitation 119 120 Mr, Clarence O, Hilton, helper, conceded that the pspercan system is cleaner, but stated that he prefers the present system because the proposed system involves more malklng, Mr, Mlndel T, Mimmer, driver, advised that he is in favor or the proposed papercan system because It mould mean shorter working hours, Mr. Tennyson M, Pouell, foreman, advised that the majority of the mom In the Sanitation Department are in favor of the proposed popercan system as are the majority of the citizens in the notches*er Court area, Mr, G. O. Austin spoke in opposition to the proposed papercan system. Mr. S, Albert Trompeter again spoke in favor of the proposed system, Mr. Garland stated he is now of the opinion the proposed papercan system of refuse collection will not cost any less than the present systemt but that it is a cleaner system with twice a meek pick up as well as a progressive step in the method of refuse collection, and moved that the papercan system be initiated on a permanent city-wide basis, The motion died for lack of a second, Mr, Sones stated that he was under the impression the papercan system was only one of several methods of refuse collection to be considered before a final decision ts made in the cityts efforts to reduce the cost of garbage collection and moved that the report on the cost of the papercan system be referred to the com- mittee composed of Messrs. Vincent S. Wheeler, Chairman. Benton O. Dillard and Roy R. Pollard, Sro, for consideration along with its studies of other methods of refuse collection. The motion mas lost for lack of a second. Mr. Pollard stated that the citizens of Roanoke want a definite answer now and moved that Council disapprove the papercan system of refuse collection at this time. The motion was seconded by Rr. Young and adopted by the following vote: AYES: Wessrs. Jones, Pollard, Young and Mayor Stoller ..................4. NAYS: Messrs. Garland and Wheeler ...................................... (Mr. Dillard absent) The City Manager then asked Council if it would continue the task system of refuse collection on a city-wide basis and permit those citizens presently using the papercan system of refuse collection to continue the system if they so desire. Mr. Wheeler moved that Council concur in the request of the City Manager, with the understanding that he will report back to Council from time to time as to the progress being made, and that the City Attorney be directed to prepare the necessary measures to carry out the request of the City Manager. The motion was seconded by Mr. Young and unanimonsly adopted. REPORTS OF COMMITTEES: LICENSES: Council having referred the matter of reclassifying circuses and carnivals sponsored by merchants associations for trade promotional purposes and providing for a license tax of $10 on each amusement ride to a committee for preparation of the proper amendment to the City Code, the committee submitted the following report: 121 'August 14, 1963 Council of the Citl of ioanoke Roanokee Virginia Gentlemen: The underuigeed Committee, appointed at the meeting of the Council held on August 12th tO confer and to make recommendation to Council uith reference to an aaendment to the License Code filled in by Council. If the Council should so desire, ertl one $/ A~ Wt Gilbert S/ J, Glenwood Strtchler (For full text of Ordinance, see Ordinance Hook No. 26, page 341.) 122 'Roanoke, Virginia August 19, 1963 To the Glty Council Roanoke, Virginia Gentlemen: You referred to the airport committee two recommendations of the City Manager. The first that the South Central Air Linen, Incorporated. be authorized to operate from Moodrum Field under the same conditions the City now permits Mr. Charles O. Tare of the Greenbrier Airport to operate. Secondly, a recom- mendation that the Council authorize the expenditure of $3,000 now for paring around the hangar at the airport and an addi- tional $3,000 be incorporated in the 1964 budget. The committee met and recommends the followJn9 to the Council: 1. Authority be 9ranted the South Central Air Lines to operate from Mo0drum Field under the same conditions as the City now permits Mr. Tare of the Greenbrier Airport to operate. The City Attorney be directed to draw up the proper resolution and contract that mill enable this to become operative. 2. The Council appropriate $6,000 to have the asphalt work done now as outlined in the City Manager*s letter rather than do a portion of the job now and a portion in 1964. The hazards caused by loose gravel to air- planes and pedestrians in of a serious nature and should be corrected. This pavia9 work would place all physical facilities at the airport on a comparable The committee would also lihe to advise Council that we met with representatives Of the Piedmont Airlines on Wedoesday, August 14, to discuss the new contract with that Company. This Respectfully submitted, Roy L. Webber, Chairman* Mr. Pollard moved that Council concur in the recommendations of the committee and offered the following Resolution authorizing and directing the City Manager to enter into a contract between the City of Roanoke and South Central Air Lines, Incorporated: (~1537~) A RESOLUTION authorizing and directing the proper City Officials to enter into a contract between the City and South Central Air Lines, Incorporated, for use of certain facilities at Roanoke Municipal Airport, upon certain terms and conditions. ' (For full text of Resolution, see Resolution Book No. 26, page 341.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded! by Hr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, pollard Wheeler, Young and Mayor Stoller ................................ 6. NAYS: None ..................O. (Mr. Dtllard absent) Mr. Pollard then offered the following emergency Ordinance appropriating $6~000 to provide for paving certain areas in the vicinity of the quonset hangars at Roanoke Municipal Airport to prevent critical propeller damage now being caused by loose gravel: J~ I (u15377) AN ORDINANCE to amend and reordalo Section s88, #Airport," of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 26, page 342°) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted bf the following rote: AYES: Yessrs. Garland, Jones, Pollard, Mheeler, Young and Mayor St,liar ................................ 6. NAYS: None ................. O. (Hr. Dillard absent) UNFINISHED RUSINESS: POLICE DEPARTMENT: Council having directed the City Manager to have Major F. H. Mebb, Superintendent of Police, and Captain Murray O. Cochran appear before the body for a discussion of the workability of the forty-hour work ~eek in the Police Department, the matter was again before Council. Council having been informed by a communication from the Superintendent of Police at its last regular meeting that in his opinion the only way to absorb the Most hours Of a forty-hour work woek is with manpower and Major Mebh ha~iflg requested that the body appropriate sufficient funds to employ six additional policemen, the City Manager submitted the following proposed plan for hiring Nomen School Crossing Guards and Meter Maids in lieu of the six additional police officers, the City Manager voicing the opinion that if the plan is put into effect there will be sufficient manpower in the Police Department for the forty-hour ~ork week: 'Proposed Plan for lliring Momen Crossin9 Guards and Meter Maids 18 School Crossing Guards who would average 4 hours per day, 180 days per year. 3 Full Time Meter Maids who would work 40 hours a week. They could aid crossing guards in event of sickness or vacation. Initial Cost: 18 Crossing Guards @ 1o20 per hour (4,80 per day) for 180 days (864.00 each) $15.552.00 3 Meter Maids @ 1.20 per hour (48.00 per week) for 52 weeks ?,488,00 21 Uniforms · 150,00 each . 3,150t00 $26,190.00 Six New Police Officers 6 months · 330.00 1,980.00 6 months @ 337.50 2,025~00 Total Police Cost (Wow Each) 4,005,00 6 policemen 24,030o00 6 pistols 312,00 24,342o00 $24,342.00" In a discussion of the matter, Major Webb voiced the opinion that the system seems to be working pretty good, that contrary to what has been said he has been in favor of a forty-hour work week for the Police Department for some time, however, he feels additional personnel is needed to carry out the forty-hour work week effectively, Major ~ebb agreeing that he would rather have the Women School Crossing Guards and Heter Maids suggested bythe City Manager than the six new policemen. 123 124 Captain Cochrnn voiced the opinion that the test period for the forty- hour work week in the Police Department has prove~ successful, that the members of the Police Deportment are highly pleased with the forty-hour work week and it is will not rescind its former action in establishing the his earnest desire Council ? forty-hour work week. Dr. Charles M. Cornell, representing the Fraternal Order of Police, advised Council that the association is in favor of retaining the forty=hour work On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted,! the City Attorney was instructed to prepare the proper measure creating the positions of Women School Crossing Guards and Meter Maids. CONSIDERATION OF CLAIIdS: NONE. INTRODUCTION AND CONSIDERATION OF ORO]NANCES AND RESOLUTIONS: ZONING: Ordinance No. 15356, res*ninE property located on the north side of Maddock Avenue. N. Em, west of Williamson Road, described as Lots 29~32, inclusive, Block D, Wllliamson Groves, Official Tax Nos, 3080821 and 3080822. from General Residence District to Business District. baying previously been before Council for Its first reading, read and laid over, Has again before the body, Mr. Wheeler offering the following for its second reading and final adoption: (=1535b) 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. 26, page 339.) by Br. Pollard and adopted by the following vote: AYES: Messrs. Jones, Pollard. Wheeler. Young and Mayor St*lief ......... 5. NAYS: Rt. Garland .................................................... (Mr. Dillard absent) ZONING: Ordinance No. 15357, fez*nih9 property located on the north side of Maddock Avenue, No E., west of Wtlliamson Road. described as Lots 25-23, inclusive, Block D, Williamson Groves. Official Tax Nos. 3080819 and 3080820, 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. that Ordinance No. 15357 was placed on its first reading at the last regular meeting! of Council by a 4-2 vote, Mr, Jones bain9 absent, and that he believes he has sufficient opposition to the proposed rezoning to require an affirmative vote of at least five members of Council for the final adoption of the Ordinance. owner of the property in question, pointed out that Mr, Dillard is absent from the present meetin9 and requested that the second reading of Ordinance No. 15357 be carried over until the next regular meeting of Council for consideration by a full membership of the body. 125 On motion of Mr. Wheeler, seconded by Hr, Young nnd unanimously adopted, the Ordinance was carried over until the next regular meeting of Council, HATfR DfPARTHENT: Council at its last regular meeting having dire*ted the City Attorney to prepare the necessary measures to carry Out reconaendatlons of a committee with regard to improvements at Carvins Core, he presented same, Ia this connection, Hr, So Albert Trumpeter again appeared before Council and urged ,bat action on improving CarvJns Cove be deferred until such time as there is a need for the improvements. Dr. Charles M, Corn*Il, Chairman of the Carvins Cove C,nmi,tee, appeared before Council and voiced the opinion that after sanitary toilet facilities have been installed at the Cove the recreational area will have a much larger number of visitors, Dr, Corn*Il advising that health authorities have stated approximately 3,000 people can he handled at Carvins Cove without jeopardizing the water supply, After a further discussion of the matter, Mr. Pollard offered the following emergency Ordinance providing for the construction of three rest rooms and septic tanks at Carvins Cove: (u15378) AN ORDINANCE providin9 for the construction of three rest rooms and septic tanks in the CarvJns Cove recreational areal rejecting certain bids made th*Fei.ri and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 343.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the following vote, Mr. Oarland stating he feels there are other recreational areas within the city which should be improved first: AYES: Messrs. Jones, Pollard, Mba.let, Young and Mayor St.lief ..........5. NAYS: Mr, Garland .......................................................1o (Hr, Dillard absent) Mr. Young then offered the following emergency Ordinance appropriating a total of $30,085, to cover the contracts in the amount of $26,835, $3,000 for pumps, etc., and $250 for professional services and advertising: (~15379) AN ORDINANCE to amend and reordain Section ~170, WCapital," of the 1963 Appropriation Ordinance, and providing for an emergency° (For full text of Ordinance, se Ordinance Book No. 26, page 344.) mr. Young moved the adoption of the Ordinance. Yhe motion was seconded by Hr, Pollard and adopted by the following rote: AYES: Messrs. Jones, Pollard, Wheeler, Young and Mayor 5toiler ......... So NAYS: Mr. Garland ...................................................... (Mr° Dillard absent) Mr. Pollard then moved that suggested improvements in an estimated amount of $35,000 he referred to the 1964 Budget Commission. The motion was seconded by Mr. Wheeler and unanimously adopted, Mr. Jones offered the following Resolution expressin9 the appreciation of Council for the services rendered by Mr. Ben H. B.lan and Mr. Richard Lev*Fey in a study of the facilities at Carvins Cove: (~15380) A RESOLUTION expressing this Conacil*s appreciation to Ben H, B~len, COmmiSsioner of State Parks, nad Richard Later*y. Recreation Planner from the Bureau of Outdoor Recreation, (For full text of Resolution, see Resolution Boob Hoo 26. page 344,) Hr, Jones moved the adoption of the Resolution. The motion mas seconded by Mr, Young and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mheeier, Young and Mayor Stoller ................................ 6, NAYS: None ..................O, (Mr, Dillard absent) MOTIONS AND RISCELLANEOUS BUSINESS: FIRE DEPARTMENT: Council having referred to the 1964 Budget Study the question of giving city firemen an additional day off per month and employing twelve additional firemen, Mr. W. M. Matt.x, President, Roanoke Fire Fighters Association, Local 1132. and Chairman of the Roanoke Fire Department Shorter Work Week Committee, appeared before the body and advised it has been ascertained it is legal to hold an advisory referendum on the question of a shorter work week for Roanoke City firemen, therefore, the firemen plan to start circulating petitions calling for a referendum aa the question of a 56-hour work week for city firemen in order to obtain the necessary number of signatures, Mr. Mat*ox expressing the hope that if and when a sufficient number Of signatures has been obtained Council will agree to call for the advisory referendum. In a discussion of the matter, Mayor Stoller stated he does not think the city can afford to employ enough additional firemen to provide for a S6-hour work week and be believes it is a matter for the people to decide~ Mayor St,Ilar stating he has no objection to calling for a referendum on the question because he does not believe the people will vote for the shorter work ~eek. Mr. Garland voiced the opinion that the working hours of the city firemen is a matter for Council to decide, not the people. Further action on the matter was deferred pending presentation of the petitio~ by Mr. Ma*tax. FIREARMS: Mr, Garland stated that he is again bringing the question of registration of firearms before Council because of an unfortunate incident recently in which a city policeman was wounded and because Mayor St. Ilar and Mr. Janes were absent from the meeting mhen he brought the subject up before, Mr. Garland reading the following prepared statement: *I appeal once more to this b~dy of distinguished councilmen and to the conscience of this great city to see fit to grant this modicum of additional protection to our citizens in general and those able and efficient men who are charged with the grave responsibility of maintaining the public peace. I insist that th*purchase of pistols should be subject to equal regulation with narcotics and automobiles. I propose that we make it illegal to sell a revolver in the City of Roanoke unless the chief cf Police has seen fit to issue a permit sanctioning that purchase. This does not affect the ordinance calling for permits to carry concealed weapons. They will be necessary in cases mb*re permission to purchase. Rifles of all kinds and target pistols shall be specifically exempted, I am aware that this proposed ordinance, if passed, will not make It impossible to procure pistols. It may not make it even particularly difficult, but it will inject at least an element of delay in securing a weapon, This is not a cure all in itself but merely a small step in the right direction. I would hope that within a few years State and/or Federal laws mould be enacted making the securing of pistols extremely dlfffcalt for all. They will come in time because they are necessary in our complex, highly urbanized society, By the year 2000 it has been estimated that our population will have doubled, Unless vigorous steps are taken to curb lawlessness and contempt for ordinary rules of civilized behaviour we will have created a society which is unbearable and unworkable, I am nell aware that there are those mbo say that such an ordinance as I bare proposed will contribute to a diminishment of personul freedom, Mould these same critics advocate the open sale of pornography, the indiscriminate sale of narcotics and barbiturates--indeed all medicines, OF the opening of the jails and asylums. Senator Dodd of Connecticut has introduced legislation to curb the flow of firearms in interstate commerce. You gentlemen may be aware of the widespread advertisement of cheap, foreign pistols in national publications. The Senator has conducted hearings exposing a scandalous story. It is estimated that between five and seven million of these weapons have been sold in the United States within the past five years. Many of these, according to the National Rifle Association, are dangerous to the user. Of ?,261 murders committed in 1962. 54~ were done with guns by people adjudged to have been mentally 111. In the 18 states with bare minimum firearms* control laws, 65~ of the murders were performed with guns. In the seven states with the most rigorous laws, only 42~ of the murders were perpetrated with guns. There are millions of our citizens who are mentally ill, rebellious, or suffering from inferiority complexes who become fascinated by ~eapons of violence and whose minds are ready prey for any means by which they can get revenge on society or have a sense of power and mastery over others. A gallup Poll on this subject of Firearmst Control indicated 75% in favor of more stringent laws, I propose the following: !. That in order to purchase a pistol in the City of Roanoke. it will be necessary to secure a permit from the Chief of Police. The applicant must be 21 years of age and without previous criminal record. Such permission shalI not be unreasonably denied. A fee of $1.00 shall be charged. Sporting ~eapons shall not be covered by this ordinance. 2. No pistols shall be sold in the City of Roauohe without the vendor receiving such a permit. Said permit shall then be returned to the Police Department and kept on file. 3. A License of $50.00 shall be charged in order for a retail outlet to sell pistols. Such a license can be denied or revoked if abuse is noted. 4. The Railway Express Agency shall not deliver a moil order pistol to a purchaser residing Hithin the City of Roanoke ~ithout first securing from that individual a permit to purchase from the Chief of Police. 5. A Resolution shall be passed by this Council ~ith copies to: a. The President of the United States, John F. Kennedy b. The Honorable Harry F. Byrd. Senator from Virginia The Honorable Willis Robertson, Senator from Virginia d. The Honorable Richard Puff. Representative from the 6th District of Virginia to the Congress of the United States urging their support for S. 1975-3 hill to amend theFederal Firearms* Act-introduced by Senator Dodd for the purpose of pro- viding for stricter regulation. lis i28 6. A Resolution should likewise be passed calling upon Roanoke County. Salem. and Vinton to pass slmiler legislation mJth the purpose Of making the whole Roanoke Valley a surer and sorter pluce in mhich to live and raise 8 fumlly. Gentlemen. we ore no longer living on u frontier where there is' danger of lndiun folds. A man 8o longer depends on u supply of fresh game to provide his family with necessery protein. Mhut we may do here la regard to this vltel question nay indeed be small, but It is o contribution to · great cuuse. The United States is the one major country of the morld without stringent regulations mith regard to firearms. Our crime rote is one of the highest in the world--If not the highest. Let us begin correcting this national problem by attacking u basic contributory factor. Signed: Robert A. Garland Robert A. Garland, Vice-Mayor. The City of Roanoke, Virginia.' mayor Statler read a message from Mr. J. Edgar Hoover, Director of the Federal Bureau Of Investigation, to all law enforcement officials, stating that the easy accessibility of firearms is a significant factor in ~urders committed in the United States today and that proper measures should be taken to protect the public's interest, the Mayor stating that after a study Of the matter he is convinced such measures should be taken. Approximately 30 citizens appeared in opposition to the proposal and among those speaking on the subject ~ere Messrs. John A. Moses. Gall B. Hamilton. Jr., Wesley E. Greasy. Jack A. Estes. Landon G. Buchanan, M. W. Armistead. Ill, J. D. Jervis. L. Franklin Moore. Jr., Paul Gauldin. R. C. Greet, John A. Moses, Jr.. and Tom Stockton Fox. Among the points brought out by those speaking in opposition to the proposal were that citizens need guns in their homes for protection, it is virtually impossible to draw a line between target pistols and any other kind of pistol. citizens have a constitutional right to carry firearms, and that pistols which are used for pleasure and protection cannot be compared with narcotics which can become habit forming. The City Clerk brought to the uttention of Council communications from Mr. Joe K. Evans, Mr. Roy A. Moore and Dr. William H. Kaufman, objectin9 to the proposed registration of firearms. Mr. Ray L. Garland spoke in favor of the registration of firearms, voicing the opinion that indiscriminate sale Of guns is more dangerous than narcotics. The matter having been discussed at length, Mr. Garland moved that the proposals contained in his prepared statement be approved. Mayor Stoller relinquish- ed the Chair to second the motion which was lost by the following vote: AYES: Mr. Garland and Mayor Stoller ................................. NAYS: Messrs. Jones, Pollard. Wheeler and Young .................... 24. (Mr. Dillard absent) INSURANCE-STADIUM: Mayor Statler stated that he has received a :communication from Mr. Edwin M. Young. Attorney. calling attention to the alleged lack of Insurance protection to the thousands who pay to see athletic contests in m Victory Stadium. particularly uith reference to injuries that may be sustained by npectntors from throun objects nad nnrsly cronds. On motion of Hr. Wheeler. seconded by Mr. Pollard BUd unanimously adopted. the complaint mas referred to the City Mann,er for study and repo~t to Council. QUALXF1CATION OF OFFICERS: The.City Clerk reported that Mr. Geoffrey Martin has qualified us a member of the Board of Trustees of the £aplnyees' Retirement System of the City of Roanoke. Dr. L. E. Paxton and Pittusn os members of the Roanoke City School Board, Mrs. Barton HFS. Ralph K. Boules and Mr. Hubert S. Leonard os members of the Roadoke Public Library Board, and Rr. James Y. Neal as a member of the Hoard of Zoning Appeals. On motion of Rr. Wheeler. seconded by Mr. Pollard snd unanimously adopted. the report mas filed. On motion of Mr. Jones, seconded by Mr. Pollard and unanimously adopted. the meeting nas adjourned. APPROVED ATTEST: City Clerk Mayor 129 m 130 COUNCIL. REGULAR MEETING. Monday. August 26. 1963. The Council of the City of Roanoke met la regular meeting ia the Council Chamber la the Municipal Building. Mondayo August 260 1963. at 2 p.m** the regular meeting hour. with Mayor St,lief presiding. PRESENT: Councilmen Benton O. Dillard. Robert A. Garland. James E. Jones.~ Roy R. Pollard. St.. Vincent S. Wheeler. Walter Lo Young.and Mayor Murray A. Stoller .............................. ?* ABSENT: None ................ O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph C. Whittle. City Attorney. and Hr. J. Robert Thomas. City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend L. C. Ilall, Pastor, Holllns Road Baptist Church. WINUTES: Copy of the minutes of the regular meeting held on Ronday, August 12. 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. BEARING OF ClTIZEN5 UPON PUBLIC MATTERS: ROUSING-SLUM CLEARANCE: Mr. Russell R. Henley. Executive Oirector. City of Roanoke Redevelopment and Housing Authority. appeared before Council and presented a communication, advising that the Virginia Department of Highways. several months ago, purchased land for Interstate Highway Spur Route 581 through the Commonwealth Redevelopment Project. thus fixin9 the location of the right of way. and. as a result, it is necessary to further modify the map exhibits of the Redevelopment Plan of the Commonwealth Redevelopment Project to indicate small residues of land for use other than highway use. as previously shown, said maps haydn9 been revised as follows: Land Use Map - Exhibit It The area immediately north of Dilmer School, east of Fourth Street, N, E,, indicates the highway ramp and designates the remaining land for commercial use. All of the land at this location has been sold to the Roanoke Auto Spring Rorks, A small triangular residue area west of Dilmer School on the north side of Gllmer Avenue is designated for commercial use and the highway ramp location is indicated. Small residues Of land east of Second Street at Wells Avenue and at Third Street and Mllliamson Road are designated for commercial use, Fifth Street, N. E. between McDowelI and Gregory Avenues has been officially closed and is eliminated on the map, A triangular residue of land south of Orange Avenue on the western boundary of the Project, being adjacent to residential properties, is designated for residential use. This laud is completely isolated from other lands in the Project and is pro- posed to be sold to the adjoining owner for residential use, Proposed Zoninq Map - Exhibit 27 The same changes are made on this map as those on the Land Use Map, and the small isolated residue of land west of Second 5tree* mill remain residential zoning, Riqht of Wav Adjustment Map - Exhibit 3~ The same changes are made on this map as those on the Land Use Rap. and in addition, easements are indicated us necessary throughout the Project° such locations buying been resolved with the City of Roanoke and all public utility companies, After a discussion of the mutter, Mtn Renley requesting that Council modify the Redevelopment Plan for the Commonwealth Rederelopment Project by approrle the three auended Rap £xbibits, Hr. Pollard moved that Council concur in the request and offered the following Resolution: (m15351) A RESOLUTION modifying the Redevelopment Plan for the Common- wealth Redevelopment Project in the northeast section of the City of Roanoke, Virginia. (For full text of Resolution. see Resolution Book No. 26. page 347.) Hr. Pollard moved the adoption of the Resolution. The motion was seconded by Nra ~heeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Rheeler and Rayor Stoller .................................. NAYS: Mr. Youn9 ...............1. ZONING-HOUSING-SLUM CLEARANCE: Mr. Tom Stockton Fox, Attorney, representl~ the City of Roanoke Redevelopment and BousJng Authority, appeared before Council and presented a communication, advising that the Redevelopment Plan for the Commonwealth Redevelopment Project provides that property located on the northwest corner of Gilmer Avenue and Second Street, N. E** Offlciul Tax Nos. 3011438 and ~011439, is to be rezoned from General Residence District to ~$iness District, Mr. Fox pointing Out tha~ the City Planning Commission bas already approved ~se Of this property for business~ purposes in its approval of the Redevelopment Plan~ and requestin9 that Conncil set a date for a public hearing on the matter. The City Attorney expressing the opinion that it is not necessary to refer the question of rezoning the property to the City Planning Commission for study, report and recommendation, M~. ~heeler moved that a public hearing b~ held at September 16, 19~3. ~he motion was seconded by Mr. Young and unanimously adopted. PAY PLAN-LIBRARIES: Mrs. Elisabeth R. Drewry, Pre sident of the Roanoke City Library Bourd, appeared before Cooncil, advising that the Library Board feels library employees are graded too low under the Pay Plan, and requested that the entire Pay Plan be re-examined with the hope that such action ~ill result in a reclassification upward for library personnel. After a discussion between Council and Mrs. Drewry as to qualifications set out in the Pay Plan for' library employees and whether or not the present employe~s meet these qualifications, Hr. Young moved that the matter be referred to a committe~ composed of Messrs. Vincent 5. ~heeler, Chairman, James i. Jones, J. Robert Thomas and Arthur S. Owens for study and report to Council. The motion was seconded by Mr. Pollard and unanimously adopted. I~SURANC£: Mr. R. E. Caller, Regional Manager of the Allstate Insurance Company, appeared before Council, pointing out that the present liability coverage on the municipal motor vehicle fleet is scheduled for renewal on September 12, 1953, 131 132 and requested that the Allstate Insurance Company be allomed to compete for this insurance business, Mr. Coller expressing the belief his company can save the oity money on Its fleet insuranceo Hr, Reginald M. Pood, Chairman of the insurance Advisory Committee for the City of Roanoke, expressed the opinion that if the city requests bids on Its fleet lnsurnnce the Allstate Insurance Company will not be the lowest bidder and that the Insurance Advisory Committee thinks it can do an excellent Job for the city through the present method of handling the insurance prOgram of the city. On motion of Mr. Wheeler, seconded by Mr. Young and unanimously adopted, the request of the Allstate Insurance Company was referred to a committee composed o~ Messrs. Robert A. Garland, Chairman, Benton O, Dillard and Roy R, Pollard, for study, report and recommendation to Council, PETITIONS AND COMMUNICATIONS: SEWERS AND STORM DRAINS: A Resolution of the Board of Supervisors of Roanoke County, toques,lng that the contract between the City Of Roanoke and the County of Roanoke dated September 20, 1954, dealing with the treatment Of domestic and commercial wastes, be amended by adding thereto the 12.1S-acre tract of land owned by Ir. J. Meade Harris located adjacent to the southwest corporate limits of the City of Roanoke and north of Uo So Route 220, mas before Council. On motion of Mr. Rheeler, seconded' by Mr. Pollard and unanimously adopted, the request was referred to a committee composed of Messrs. Waiter L. Young, Chairman, Roy L. Webber. Arthur S. Owens and Randolph C. Whittle for study, report recommendation to Council. PAY PLAN: Council having requested the Personnel Association of Roanoke tO review the Pay Plan of the City of Roanoke and to submit its recommendations with regard thereto, a communication from Mr. R. Il. Patrick, Jr., President Of the Personnel Association Of Roanoke, submitting the following facts for consideration by Council, was before the body: 1. This committee is most complimentary of previous work and the findings of records and policies already prepared for the guidance and use of City Officials and Department Heads. 2, It is this commit,eats recommendation that a Personnel Department be established and a qualified Personnel Administrator be assigned or employed. Along with the normal personnel responsibilities he should be given the authority to enact current policies and procedures already set forth. Unless this approach is taken, it is felt that further study and proposed recommendations by this committee would be to no avail. 3. Should this recommendation be favorably acted upon, then one of the first responsibilities of this neu department would be to study and evaluate current job specifications and become acquainted with the true functions now being carried out by each department and its administrators. This would enable this department to make comparative analyses, give departmental administrators definite standard policies and eliminate any inequalities that may now exist with regard to job evaluations or pay scales. 4. At that point this committee could bl made available for any consultation or advice to assist the Department in adding outside local business and industrial practices that may be desirable to be incorporated in Municipal per- sonnel procedores. 5, This committee wishes to call attention to services provided for businesses, industries, and municipalities by the Industrial Services Division or the Virginia Employment Commission mhere qualified assistance is offered in setting up a Personnel Department and carrying out Job evaluations, After a discussion of the matter, Mr, Young moved that the question of employing a Personnel Director be referred to the 1964 Dudget Commission for its consideration, The motion was seconded by Hr. Garland and unanimously adopted, D£PARTMENT OF PUBLIC MELPAR£: Council baying adopted u Resolution expressing its concern and apprehension at the steady increase in the maximum rate approved for the state*s reimbursement on State-Local hospitalization contracts for indigent city patients, and requesting that a thorough study of the matter be made by the state prior so the renemai date of contracts expiring June 30. 1964, a communication from Mr. M. L. Painter, Director, Department of Nelfare and Institu- tions, advising that the question of the maximum rate approved for hospitalization cf the indigent and medically indigent is considered by the State Board of Melfare and Institutions annually and the whole question will again be considered by the Board next year when hospital costs for the current year are reviewed, was before the body. On motion of Mr. Young, seconded by Mr. Garland and unanimously adopted, the communication was filed. REPORTS OF OFFICERS: STREET LIGHTS: Yhe City Manager submitted a written report, recommending that a street light be installed on Fourth Street, S. W., at the alley between Washington Avenue and Highland Avenue. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (=15382) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light on Fourth Street, $. ~.. at the alley between Washington Avenue and Highland Avenue. (For full text of Resolution, see Resolution Book No. 26, page 340.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the folloming vote: AYES: Messrs. Dillard. Garland. Jones, Pollard, Mheeler, Young and Mayor Stoller ............................ T. NAYS: None ....................O. PAY pLAN: The City Manager submitted his annual report on the adequacy of the Fay Plan with the following recommendations: 1. Ten years seems to be a longer period to reach maximum raise than most other employers use; and I suggest reducing this to six. It mould eliminate much paper work and provide orderly steps for advancement. Council need not approach this with.fear, since an amendment to the Ordinance freezing salaries could be accomplished at any meeting. R. I believe every effort should be made to provide an increase in salaries for our employees, with an additional step, in the pay plan. It should comfortably average 6~ or better. Our groups in the lowest brackets should receive.consideration as the work done in many cases is of such a nature that added remuneration would be helpful in keeping employees. J. 33 134 3. I recommend that cousiderntion be given paying one-half of the cost or hospitalization for *mr employees, mhich is n step to provide additional benefits for them. As employee couMpny the remaining one-half and the cost for his family, thereby assuring more security to those of our employees ah* from tine to time have heavy hospital and/or surgical cost. 4. In previous years, I have recommended the engaging of out- side professionals to aahe a modern survey of the City*s mag* and salary plan. !hnom of nothing that mould eliminate the periodic unmarranted attacks on the plan more than baying a disinterested and qualified organization to update the plan. It is my sincere hope this persistent recommendation mill bear fruit. On notion of Mr. Wheeler, seconded by Mr. Young and unanimously adopted, the report of the City Ranager was referred to the 1964 Rudget Commission for Its AIRPORT: The City Manager submitted a written report, advising that the Federal Aviation Agency has allocated $140.OO0 under the terms of the Federal, Airport Act for a project at Roanoke Municipal Airport in 1964. On notion of Mr. Dillard, secouded by Mr. Wheeler and unanimously adopted, the report was filed. WATER D£PARTRENT: The City Manager submitted a written report, advising that in order to give its plant adequate fire protection the Southern Varnish Corporation feels it is very important to install a sprinkler system at the earliest possible time and has offered to pay one-half of the estimated cost of $3,000 to extend an 8-inch high pressure water line to its property. The City Manager making a verbal suggestion that Council might want to appoint a committee to study the offer of the Southern Yarnish Corporation mith a view of establishing a policy on similar offers, Rr. Young moved that the Raver appoint such a committee. The motion was seconded by Rr. Dillard and unanimously adopted, Mayor Stoller appointed Messrs. Robert A. Garland, Chairman, Walter L. Young, Arthur S. Owens and Raymond E. Pillow as members of the committee. LIBRARIES: Council having referred a complaint of Mr. A. E. Bert Snyder as to the condition of the elevator in the Roanohe Public Library to the City Manager for the purpose of ascertaining the cost of repairing same, he submitted a mritten report, advising that $6,500 has been incorporated in the proposed 1964 budget for this purpose. After a discussion of the matter, Rr. Jones moved that the question Of repairing the elevator be referred to the 1964 Budget Commission for its considera- tion and that, in the meanwhile, the City Attorney be directed to ascertain whether or not the city has any recourse against the manufacturer of the elevator. The motion Has seconded by Mr. Wheeler and unanimously adopted. CITY AUDITOR: The City Auditor presented a monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencing January 1, 1963, and ended July 31, 1963. On notion of Mr. Dillard, seconded by RF. Wheeler and unanimously adopted, the report was filed. STREETS AND ALL~YS: Council having previously referred to the City Planning Commission for study, report and recommends*fun a request of Mr. and Xrs. Arnold Schlossberg that a 20-foot alley south of London Avenue, N. W., mest of FlrstI Street, be vacated, discontinued and closed, the City Planning Commission submitted a written report, recommending that the request be denied. Council having also appointed viewers to study the matter, the viewers submitted a report, advising that in their opinion no inconvenience will result from the closing of said alley. It appearing that the petitioners desire a public hearing on the matter, Mr. Rheeler moved that a public hearing be held at 2 p.m., September 30, 1963. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Council having previously referred to the City Planning Commission for study, report and recommendation a request of Mr. Posey M. Luney, et al., that a 5.3-acre tract Of land located on the east side of Rutgers Avenue, N. R., between Hershberger Road and Edinburgh Drive, Official Tax No. 2270101, be rezoned from General Residence District to Special Residence District. the City Planning Com- misaion submitted a written report, recommending that the request be denied. It appearing that the petitioners desire a public hearing on the matter, Mr. ~heeler moved that a public hearing be held at Z p.m., September 30, 1903. The motion was seconded by Mr. Pollard and unanimously adopted. ZOninG: Council having previously referred to the City Planning Commission for study, report and recommendation a request of Mr. George Klssak, et al** that a 4.665-acre tract of land bounded on the east by the cent*Film* of Old Bollins Road, on the west by Mhiteside Street, N. Eo, and on the north by Preston Avenue, N. E., Official Tax No. 3190316, be rezoned from General Residence District to Light Industrial District, the City Planning Commission submitted a written report, recommending that the request be granted. Mr. Rheeler moved that a public hearing be held at 2 p.m., September 30, 1963. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Council having previously referred to the City Planning Commission for stud~, report and recommendation a request of Mr. Ben ~. Perdue. et al** that property located on the north side Of Brandon Avenue, S. W** west of Grace Street, described as Lots 11-14, inclusive, Block 3, Stratford Court, Official ~ax Nos, 1250411-1250414, inclusive, be fez*ned from General Residence District to Special Residence District, the Citl Planning Commission submitted a written report, recommending that the request be denied. 'It appearing that the petitioners desire a public hearing On the matter, Mr. Rheeler moved that a public hearing be held at Z p.m., September 30, 1963. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having referred to a committee for tabulation and report bids received on supplying one tractor and one scraper in connection with the operation of a sanitary landfill at East Gate, the committee submitted the following report: ~.35 136 "Angus* 22. 1963 TO The City Council Roanoke, Virginia Members o~ Council: Attached hereto is a tabulation of bids for one Track-Type Diesel Tractor and one Tractor Drawn Scraper, which bids were o~ened and read before City Council on Monday, August 1ge 1963. ONE TRAC£-TYPE DIES£L TRACTOR As can be seen from the tabulation, three bids were sub- mitted on the tractor. The Iow bid was submitted by Oemlss Equipment Corporation in the amount of $31,094.40, Net. It is recommended that the contract be awarded to Demiss Equipment Corporation in this amount and an appropriation be mede in the an*un* of $31,Ogd.dO to cover this cost. ONE TRACTOR DRAMN SCRAPER Three bids were received on the tractor drawn scraper. The low bid was submitted by Carter Machinery Company, Incor- porated in the amount of $8,fl00, Net. it is recommended that the contract for this item be awarded to Carter Machinery Company, Incorporated and that an appropriation of $0,600 be made to cover the cost of same. Respectfully submitted, S/ Jflmo? E. Jone~ James E. Jones, Chairman S/ Arthur S, O~ens Arthur S. Owens S/ H, Cie*us Bro¥1es D. Cletus Broyles S/ B, B, Thompson B. B. Thompson~ After a discussion of the matter, Mr. Rbeeler moved that the bids be referred back to the committee for further study and report to Council. The motion was seconded by Mr. Jones and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RE.SOLUTIONS: ZONING: Ordinance NO. 15357, fez.ming property located on the north side of Maddock Avenue. N. E.. west of ~illiamson Road, described as Lots 25-28, inclu- sive, B*lock D, Williamson Groves, Official Tax Nos. 3080819 and 3080~20t from General Residence District to Business District, having previously been before Council for its first reading, read and laid over, and the second reading of the Ordinance having been deferred for consideration by a full membership of the body, the Ordinance was again before Council. In this connection, a communication from Mr. Millis M. Anderson, Attorney, representing Mr. Assaid J. Nackley, owner of the above property, advising that Mr. Nackley cannot be present and requesting that the Ordinance be carried over until the next regular meeting of Council, was before the body. Mr. Young moved that action on the Ordinance be deferred until the next regular meeting of Council. The motion was seconded by Mr. Pollard and unanimously adopted. STREETS AND ALLEYS: Ordinance No. 153710 vacating, discontinuing and closing a 12ergot alley running through flinch TI, Melrose Land Company. from ~fne- teenth Street to Tmon*lath Street, N, W,. parallel mith Melrose Arenae and Orange Avenue. having previously been before Council for its first reading, read and laid orer, mas again before the body, Wt. Pollard offering the follomlng for its second reading and final adoption: (o15371) AN OROINANCE permanently vacating, discontinuing and closing all that certain alley running In an east-west direction through Section ?1, Melrose Land Company. from lgtb Street. ~. M.. to 2Otb Street° N. M.. in the Clty of Roanoke. Virginia, (For full text of Ordinance, see Ordinance nook ~o. 26. page 345.) Mr. Pollard moved the adoption of the Ordinance. The notion was seconded by Mr. Hheeler and adopted by the following rote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... 7. NAYS: None ................... O. ZONING: Ordinance No. 15372. Fez,ming three parcels of land located on the southerly side of Hershberger Road. N. W.. east of Ferncliff Avenue. Official ~ax Nos, 2480110, 248011l and 2480141, 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. In this connection, a delegation of residents of Ferncliff Avenue, Kirhland Drive and Swat*bm.re Avenue, N. M., appeared before Council, with Hr. George E. Jones acting as spokesman, and presented a petition signed by 61 citizens, opposing the proposed fez.ming on the grounds that it will decrease the vain. of their property, it constitutes spot zoning and there has been no indication of the type of businesses to be located on the parcels of land if they are fez.ned. Mr. Earl A. Fitzpatrick, Attorney, together with the owners of the three parcels of land requested to be rezofled, appeared before Council. gr. Fitzpatrick reit.ratio9 that with the construction of Interstate Spur 581 the three parcels of land are not suitable for residential development and that contrary to the map on record in the office of the City Engineer it is desired by the petitioners that the land be fez.ned for a depth of only 488 feet. After a discussion of the matter, Mr. Garland moved that action on the second reading of the Ordinance be deferred until the next regular meeting of Council in order that the members of the body might bare an Opportunity to inspect the land in question. The notion was seconded by Mr. Young. Mr. Dillard voiced the opinion that Council should make its decision at the present meeting so that the citizens sill not be required to come back next week and offered the following Ordinance on its second reading as a substitute motion: (~15372) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of ?be Code of the City of Roanoke, 1955. in relation to Zoning (For full text of Ordinance. see Council Minutes of August 19, lg63o) 137 138 Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and lost by the f,Il,ming vote: AYES: Mr, Young ................1. NAYS:' Messrs. Dillard. Garland, Jones, Pollard, ~heeler and Moyor Stoller ................................... 6, PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council h,ring directed the City Attorney to prepare the proper measure permitting the task systemof refuse collec- tion on a city-wide basis, he presented same, The City Auditor advising that Section 2 of the Ordinance with regard to pay for overtime work Js not clear to him. Mr. y,un9 moved that the draft of Ordinance be referred back to the City Attorney for clarification of Section 2, The motion was seconded by Mr. Jones and unanimously adopted. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having directed the City Attorney to prepare the proper measure permitting the papercan system of refuse collection in addition to the present system of refuse collection in the City of Roanoke, he presented same. After a discussion as to changes in the proposed Ordinance, Mr, Dillard moved that the Ordinance be referred back to the City Attorney for redrafting. The motion was seconded by Mr. ~beeler and unanimously adopted. POLICE DEPARYMENT: Council having directed the City Attorney to'prepare t~ proper measure providing for the employment of eighteen ~omen School Crossin9 Guards and three Meter Maids, in connection with the forty-hour sork week of the Police Department, he presented same. In a discussion of the proposed Ordinance. Mayor St,lief stated he is opposed to any increase in the personnel of the Police Department at this time. Mr. Dillard voiced the opinion that the employment of the School Crossing Guards and Meter Maids is premature and that women will not be able to work in this capacity as well as men, Mr. Dillard statin9 if the City Manager can show the need for six additionalpollce officers as originally requested by the Superintendent of Police he mill be the first one to vote for them. Mr. Mheeler pointed Out that the Superintendent of Police advised Council at the time the forty-hour work week was established for the Police Department that additional men would be required, Mr. Young stated the policy of using M,men School Crossing Guards and Meter Maids is working in other cities. Mr. Jones pointed out that school has not opened yet and it is not known how many School Crossing Guards may be needed, The matter having been discussed at length, Mr. Pollard moved that the following Ordinance be placed upon its first reading: #AN ORDINANCE authorizing an increase in the City's Police Force by the employment, on a part-time basis, of eighteen female police officers, to be designated as the *School Crossing Guards', and the employment, on a full-time basis, of three female police officers, to be designated as 'Meter Maids', MHEREAS, the City Manager and the Superintendent of Police have both recommended the adoption of this ordinance, in which recommendations this Council concurs, THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized, effective as of October 1, 1963, to employ, on a part-time basis, eighteen female police officers, to be designated as the *School Crossing Guards* end who shall be employed for four hours or less each day that children are attending the regular session of the public school system of the City or Roanoke, and the said City Manager is further authorized, effective as of the aforesaid 1st day of October, 1963, to employ, on a fall=time basis, three female police officers, to be designated as eUeter Malds*o Each of said female police officers shall be invested with all of the power and authority which pertain to the office of a policeman of this City and each shall be subject to all proper ruins. regulations, orders and benefits Of the Police Oepartment.* The motion was seconded by Mr. Young and lost by the following vote: AYES: Messrs. Pollard, Mheeler and Youn9 ............................... NAYS: Messrs. Dillard, Garland. Jones and Mayor Stoller ................4. MOTIONS AND MISCELLANEOUS BUSINESS: AUDXTORIUM-COLISEUM: Mr. Garland, Chairman of the Auditorium-Coliseum Committee, brought to the attention of Council the question of the seating arrange- ment for the proposed auditorium and moved that the continental seating arrangement be approved. The motion was seconded by Mr. Rheeler and adopted, Mr. Dillard voting no, and Mr. Jones not voting. COUNCIL: Mr, Dillard pointed Out that Monday is a legal holiday and offered the following Resolution provldin9 for the holding of the next regular meeting of Council at 7:30 pom., Tuesday. September 3, 1963: (~15383) A RESOLUTION to hold the r~gular weekly meeting of the Council of the City of Roanoke scheduled for Monday, September 2. 1963. on Tuesday. September 3, 1963. (For full text of Resolution, see Resolution Book No. 26, page Mr. Dillard moved the adoptiou 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. On motion of Mr. Dillard, seconded by Mr. Jones and uuanimously adopted, the meeting was adjourned. APPROVED ATTEST: City Clerk Mayor .~39 140 COUNCIL, REGULAR MEETING, Tuesday, September 3, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chumber in the Municipal Building, Tuesday, September 3. 1963, at 7:30 p,m., with Mayor St*liar presiding, PRESENT: Councilmen Benton O. Dillard, Robert A. Garland, James E. Jones, Roy R. Pollard, Sr.. Vincent S, Nheeler and Mayor Murray A, St*liar ................ ABSENT: Councilman Molter L. Young ...................................... 1.~ OFFICERS pRESENT: RF, 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 Garland Price. Pastor, Villa Heights Methodist Church, MINUTES: Copies of the minutes of the regular meetings held on Monday, August 19, 19630 and Monday, August 26, 1963, having been furnished each member of Council, on motion of Mr. Mheeler, seconded by Mr, Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING ~F CITIZENS UPON PUBLIC MATTERS: ZONING: Council having previously set a public hearing for 7:30 p.m., September 3, 1963, on the request Of Rathew M, and Edna Po Jefferson that property located on the northeast corner Of Melrose Avenue and Fifteenth Street, No M., described as Lots 9 mod 10, Block 35, Melrose Land Company, Official Tax Nos, 2221609 and 2221810, be fez*ned from Special Residence District to Business District, the matter w~s before the body. In this connection, the following report of the City Planning Commission, recommending that the request be denied, was brought to the attention of Council: "July 10, 1963 The Honorable Murray A. 5toller, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: In its July 3, 1963 meeting, the City Planning Commission considered the above fez*ming request. Mr, Harvey Lutins, attorney repre- senting the property owner, stated that Mr. Jefferson is requesting the business district zone so that he may be able to operate a funeral parlor on the premises. The City Planning Commission then heard several citizens who objected to the proposed fez*ming. A petition of twelve persons objecting the zone change was received, After due consideration of factors involved, the City Planning Commission concluded that the requested zone change would adversely affect pt*perry values and constitute spot zoning. The Commission therefore recommends to City Council that the above request be denied. Respectfully submitted, S/ Warner R. Sensbach for Uarold M. Hill Chairman' Mr. Harvey S. Lutins. Attorney. representing the petitioners, appeared before Council. advising it is his understanding a petition is being circulated in the block favoring the proposed fez?lng, and requested that the public hearing be continued until the next regular meeting of the body in order that said petition nay be presented to Council for its consideration, A group of property owners la the 1400 block of Melrose Avenue, N. ~., appeared before Council and presented a petition signed by 12 residents of the block, opposing the proposed Fez,ming on the grounds that it would be detrimental to the value of surrounding properties and would constitute spot zoning. Mr. Benjamin J. Turner. 1417 Melrose Avenue. No W.. stated that the prop- erty owners in the block would not be opposed to rezoning the entire block for business purposes of a desirable nature in order to sell their homes for sufficient to the establishment of a funeral home on the two lots in question because they feel it would keep other types of business from eventually locating in the block. Also speaking in opposition to the proposed rezonlflg were Mrs. Muriel Jo 1413 Melrose Avenue, N. M. Mr. Elijah Williams, Jr., Secretary-Manager of the Citizens' Undertaking PETITIONS AND COMMUNICATIONS: Street, described as Lots 15-19o in¢losive, and the adjoining 20 feet of Lot 20. Block 12, Bowman Lawn, Oflicial Tax Nos. 2060b14-2060619, inclusive, be Fez.ned Irom General Residence District to Special Residence District, ~as before Council. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, AUDITS-CITY SERGEANT: A communication from Mr. J. Gordon Bennett, Auditor of Public Accounts for the Commonwealth of Virginia, transmitting a report on an lng had been made for all funds of record coming into the custody of the City Sergeant before Council. 141 142 On motion of Mr, Dillard. seconded by Mr, Yheeler and unanlmonsly adopted, the communication nnd report mere flied. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending that a street light be installed in front of 2510 Belle Aveone, No Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following Res*lotion: (n15384) A RESOLUTION authorizing the installation Of one 2500 lumen overhead incandescent street light at 26i0 Belle Avenue, N. E. (For full text of Resolution, see Resolution Book No. 26, page 34go) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the foil*ming vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Nheeler and Mayor Stoller .................................. NAYS: None ....................O. (Mr. Young absent) PAY PLAN-DEPARTMENT OF PUBLIC MORES: The City Manager submitted a Mritten report, recommending that the position of City Engineer be deleted iron Croup lO0=l under Section 10, Clerical, Operational, Technical Supervisory Salaries, of the Pay Plan. and established in Group E-2 under Section 9, Executive Salaries, of the Plan. After a discussion of the matter. Mr, Rheeler moved that Council concur in the recommendation of the City Manager and that the City Attorney be directed to prepare the proper measure. The motion was seconded by Mr. Pollard and adopted, Mr. Dillard voting no. SALE OF PROPERTY: The City Manager submitted a written report, advising that Mr. Waverly E, St. Clair has submitted an offer of $75 for a walnut tree located on a sewer right of way near Carvins Creek. N. E., and recommended that the offer be accepted. Mr. ~heeler moved that Council concur in the recommendation of the City Manager and that the matter he referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Dillard and unanimously adopted. SALE OF PROPERTY: The City Manager submitted a Mritten report, trams- : mitring an offer of Mr. W. C. Church to purchase propertF located in the ]bOO block of Lawrence Avenue, S. E., described as Lot 14, Block 10, Waverly Place, Official Tax No. 4230419, for $200. Mr. Owens verbally pointing out that Mr. Pollard has been added to the Real Estate Committee since the sale of this property was first considered by said com- mittee, Mr. ~heeler moved that the offer be referred to Messrs, Arthur S, Owens, J. Robert Thomas, Randolph G. Mhittle and Roy R. Pollard, Sro, for study, report recommendation to Council. The motion Mas seconded by Mr. Dillard and unanimously adopted. MATER DEPARTMENT: The City Manager submitted a written report, recom- mending that a water system in the Hedgelawn Gardens Subdivision located north of and 'adjacent to the Petty Acres Subdivision be accepted by the city upon completion, Mr, Dillard moved that Council concor in the recommendation of the City Manager and that the folloming Ordinance be placed upon itt first reading: ! (n15385) AN ORDINANCE authorizing the Clty*s Mater Department to accept title to and serve water to customers through Hedgelann Gardens BubdJvisJon*s water System, MHEREAS, the developers of the Dedgelawn Gardens Subdivision have installed a portion of a mater system in said subdivision which does not comply mith the Rules, and Regulations of the Roanoke Mater Department and have agreed to complete said system in such manner that the balance thereof will comply with all Rules and Regulations of said department; both the completed and future portions of said system being shown on Plan No. 53-29, prepared by the Mater Department of the City of Roanoke under date of Auguat 14, 1953; and IHEREAS. upon completion of said system in accordance with said plan, the developers of the said Bedgelawn Gardens Subdivision propose to donate said system, in its entirety, unto the City of Roanoke; and NflEREAS, the City Manager and the Manager of the Nater Department have recommended the adoption of this ordinances in which recommendation this Council concurs. ZflEREFORE, BE IV ORDAINED by the Council of the City of Roanoke that, upon the completion of the water system in the Redgelawn Gardens Subdivision, located Jn Roanoke County, Virginia, in accordance with the plans therefor as shown o~ Plan ~o. 53-29, prepared by the Rater Department of the City Of Roanoke, Virginia, under date of August 14, 1953, the proper City officials be, and they are hereby, authorized to receive by a proper donation, in the prescribed manner, on behalf of the City, said system and, thereafter, to sell ~ater unto customers through the same in accordance ~ith the Rules and Regulations of the aforesaid Nater Department, The motion nas seconded by Mr. Nheeler and adopted by the following vote: AVES: Messrs. Dillard, Carland, Jones, Pollard, Nheeler and Mayor Stoller .................................. NAYS: None .................. O. (Mr. Voung absent) SCHOOLS-STATE HIGBRAVS: Vhe City Manager submitted a written report, recommending that the Board of Supervisors of Roanoke County be requested to ask the Virginia Department of Highways to incorporate sections of Ferncltff Avenue, No Mo, and Routs Road, No N** into its secondary road system. Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (n15386) A RESOLUTION requesting the Board of Supervisors of Roanoke County to ask the Virginia Department of Highways to incorporate two sections of roadway, constructed by the City in said County, into the State's secondary highway system. (For full text of Resolution, see Resolution Book No, 25, page 350.) 143 't44 Mr. Jones moved the adoption of the Resolution. The motion mas seconded by Mr. Nheeler end adopted by the foil*ming vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor St*lief ................................. NAYS: None ....................O, (Mr, Young absent) STATE HIGHWAYS-AUDITORIUM-COLISEUM: Council having previously adopted a Resolution requesting the Virginia Department of Blghmays to provide a pedestrian underpass under Interstate Spur 591 in the vicinity of Walker Avenue, N. E.. in connection mith the proposed auditorium-coliseum planned to be located in the Commonwealth Redevelopment Project. the City Manager submitted a written report, advising that he has been informed by the Highway Department that before considera- tion can be given to constructing the underpass the city mill have to submit definite plans for the auditorium-coliseum as well as evidence that their construction will materialize. On motion of Mr. Jones, seconded by Mr. Wheeler and unanimously adopted, the City Attorney was directed to prepare the proper measure advising the Virginia Department of Highways Of the action tahen by Council toward the possible construc= tion of an auditorium-coliseum in the Commonwealth Redevelopment Project and requesting the Highway Department to call for alternate bids on the Interstate Spur 581 project including the underpass. PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having previously authorized the purchase of property at 507 Gilmer Avenue. N. from Hallie Barb*ur for $3,300 in connection with possible future expansion of the incinerator, the City Manager submitted a verbal report, advising that Hallie Barb*ur owns only a life estate in the property and the fee simple title thereto will vest in her son upon her death, therefore, she cannot convey an unencumbered fee simple title to the property, and recommended that the City Attorney be authorized to institute condemnation proceedings in order to obtain a fee simple title to the property. Mr. Wheeler moved that Uouncil concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u15387) AN ORDINANCE authorizing the proper City Officials to institute the requisite proceedings to condemn, for and on behalf of the City, certain real estate known as No. 507 Gllmer Avenue. N. E.; and providing for an emergency. (For full text of Ordinance, see Ordinance 6*ok No. 25, page 350.) Mr. Wheeler moved the adoption of the Ordinance. The motion #as seconded by Mr. Dillard and adopted by the foil*win9 vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor 5roller ................................. NAYS: None ................... O. (Mr. Youn9 absent) BUDGET~LIBRARY: Council having requested an opinion from the City Attorne~ as to mhether or not the city has any recourse against the manufacturer of the !' elevator at the Roanoke Public Library because of a defective conditiont he sub- nitted a uritten report, advising that the city could not fairly expect to prevail in litigation at this time. On motion of Mr. Dillard, seconded by Mro Wheeler and unanimously adopted, the report mas filed. In this connection, Council having referred the matter of Including $6,500 in the 1964 budget for repairing the elevator to the Budget Commission. Mr. Dillard stated that he thinks the elevator should be repaired now and offered the foil*ming emergency Ordinance appropriating $6,500: (=15388) AN ORDINANCE to amend and reordaln Section #121, "Libraries," of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 351.) 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 and Mayor St*lief .................................. NAYS: None ....................O, (Mr, Young absent) REPORYS OF COMMIYZEES: BRIDGES: Yhe committee appointed to study the question of constructing a low-water bridge connecting Bennington Street and Tayloe Avenue, 5. E., north of the Buzzard Rock Ford Bridge, submitted the following report: "August 20, 1963 To The City Council Roanoke, Virginia Members of Council: Your committee, appointed to make a study and recommendation, relative to a low=water level bridge in the vicinity of Buzzard Rock Ford Bridge. met in the office of the City Manager on Monday, August 26, 1963. The committee feels that this Ion boy bridge would give to this section of the City a badly needed facility that would handle traffic approximately 957 of the time, yet at a reasonable and economical cost. It is recommended that this matter be referred to the Budget Study Commission to be included in the 1964 budget. It is estimated that materials for this bridge will cost $1D,O00. It is proposed that the work be accomplished by city forces under its normal work program during the summer of 1964. Respectfully submitted. S/ Roy R, Pollard, Sr, Roy R. Pollard, Sr** Chairman Walter L. Young S/ Arthur St Owens Arthur S, O~ens S/ Hf Cletus Bro¥1es B. Cletus Broyles" Mr. Pollard moved that Council concur in the recommendation of the com- mittee and that the matter be referred to the 1964 Budget Commission for its consideration. The motion was seconded by Mr. Wheeler and unanimously adopted. :1.45 146 PAY PLAN-LIBRARY: Council having referred to a committee for study, report and recommendation a request or Mrs. Eilsuheth M, Drewry, President of the Roanoke City Library Roard, that the entire Pay Plan be re-examined with the hope that such action mill result in a reclassification upward for library personnel. committee submitted the following report: 'Roanoke, Virginia September 3, 1963 TO the City Council Roanoke, Virginia Gentlemen: At our regular meeting of Monday, August 26. you referred to the below committee a request of Mrs, Elisabeth M, Drewry that certain changes be made in the City's wage and salary plant with reference to adjustment of several positions in the public library system. The committee met on Tuesday, August 21' and discussed the assigning, We are of the opinion that this should be referred to the Budget Commission. and later budget study, who are now considering the creation of a personnel department. Should this come to fruitions it would be this department's task to reassess not only the library Jobs and titles but also the entire wage plan. We do not believe that any one section, or department of the plan should be disturbed, or adjusted without consideration of the whole plan, Respectfully submitted, S/ Vincent So Wheeler Vincent S. Wheeler, Chairman S/ James E. Jones James E. Jones S/ J. Robert Thomas J. Robert Thomas S/ Arthur S. Owens Arthur S. Owens" Mr, Wheeler moved that Council concur in the r~port of the committee and that the matter be referred to the 1964 Budget Commission for its consideration. The motion was seconded by Rr. Pollard and unanimously adopted. UFiF INISHEO BUSINESS: PARKS AND PLAYGROUNDS-GARBAGE REMOVAL; Council at its last regular meetin having received a report from a committee composed of Messrs. James E. Jones, Chairman, Arthur S. Owens, H. Cletus Broyles and Bueford B. Thompson. recommendin9 that the bid of the Remiss Equipment Corporation on supplliu9 one tractor in con- nection with the operation of a sanitary landfill at East Gate in the net amount of $31,094.40 be accepted and that the proposal of Carter Machinery Company, Incor- porated, on supplyin9 one scraper in the net amount of $8,B00.00 also be accepted, and having referred the matter back to the committee for further study, report and recommendation, Mr, Jones advised that the Remiss Equipment Corporation has submitted a warranty of one year for the repair or replacemen.t of defective parts of the tractor and that it is still the recommendation Of the committee that the bid of the Remiss Equipment Corporation on the tractor and the bid of the Carter Machinery ' Company, Incorporated, on the scraper be accepted, [: Rt. Dillard moved that the marranty submitted by the Remiss Equipment Corporation be nude a part of its bid, The motion was seconded by Rr, NheeJer and unanimously adopted. Mr, Jones then offered the following Resolution accepting the proposal of the Remiss Equipment Corporation on supplying the tractor: (~15389) A RESOLRTION accepting the proposal of Bemiss Equipment Corpora- lion for supplyin9 one new tractor; authorizing the Purchasing Agent to issue the requisite purchase order; and reJectin9 all other bids, BE IT RESOLVEO by ~he Council of the City of Roanoke as follows: 1o That the proposal of Remiss Equipment Corporation to deliver unto the City of Roanoke one track-type diesel tractor, as per specifications and in accordance with said Corporationes bid on file in the office of the City Clerk, for the sun of ~31.094.40, net, f.o.b. Roanoke, YJrgJula, he, and the same is hereby. accepted. 2, That the Purchasin9 Agent be, and he is hereby, authorized and directed to issue, for and on behalf of the Citye the requisite purchase Order for the aforesaid tractor. 3, That the proposals of all other bidders for supplying said tractor be, and the same are hereby, rejected, 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 .................................. 6. NAYS: None ....................O. (Ar, Young absent) Mr. Jones offered the folloming Resolution accepting the bid of Carter Machinery Company, Incorporated, on supplying the scraper; (~15390) A RESOLUTION accepting the proposal of Carter Machinery Company, Inc., for supplying one new scraper; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution. see Resolution Rook No, 26. page 354°) gr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: . AYES: Messrso Dillard, Garland, Jones, Pollard, Nheeler and Stoller ................................... NAYS: None---~ ................ O. (Mr. Young absent) With further reference to the matter, Mr, Garland offered the following emergency Ordinance appropriating $Jg,894.40 to provide for purchase of the equipment: (~15~91) AN ORRINANC£ to amend andreordain Section ~gT, *Refuse Collection 147 148 AYES: Yessrs, Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stoller .................................6, NAYS: None ....................O. (Mr. Young absent) CONSIDERATION OF Cl~qlMq: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15357, rezoning property located on the north side of Maddock Avenue, N, E,, west of lilliamson Road, described as Lots 25-280 Inclusive, Block D. illliamson Groves. Official Tax Nos. 3080819 and 3080820, 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, In this connection, Mr.,Willis R, Anderson. Attorney, representing Mr. Assaid J. Nackley, appeared before Council and presented signed statements from property owners in the vicinity advising that they have no objection to the proposed Fez*ming, Br. Andersoo advising that the petitioner now plans to erect a brick building on Lots 27 and 20 to be used as a distributorship for storm doors and Mr. James Po Ilar*, Jr,. Attorney, appeared before Council, pointing out that Nathan W, Cuff and Mildred Golf. owners of Lots 51-54, Block C, Williamson Groves. have already indicated their opposition to the proposed rezoning, and presented a communication from Mr. G. G. Board, owner of Lots 52 and objecting to the proposed Fez*ming, Mr, Bart pointing out that there is sufficient o~position from abutting property owners to require an affirmative vote Of at least five members of Council for the rezoningo After a discussion of the matter. Mr. Anderson giving verbal assurance that if Mr. Nachleydoes not construct a building for use as a distributorship for storm doors and windows and a television repair shop he will so notify Council, and Council being of the opinion that only the lots on nhich the buildin9 is prop*ned to be erected should be rev*ned, Mr. Wheeler moved that Ordinance No. 15357 be amended by deleting Lots 25 and 26, Block D, Williamson Groves, Official Tax No. 3080019, therefrom. The motion was seconded by Mr. Dillard and adopted by the following vote; AYES: Messrs. Dillard, 6arland, Jones, Pollard, Wheeler and Mayor Stoller ................................ NAYS: None ....................O. (Mr. Young absent) Mr. Wheeler then offered the following Ordinance, as amended, for its second reading and final adoption: (=15357) 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. Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Billard and adopted by the following vote: .1.49 AYES:, Metsrs,. Dillard, Garland, Janes, Pollard, Wheeler and Mayor Stoller .................................. 6. NAYS: None ................... O. (Mr. Young absent) PARES AND PLAYGROUNDS-GARBAGE REMOVAL: Council. having referred a proposed! Ordinance authorizing the City Manager, la his discretion, to place certain employee~ of the Sanitation Division of the Department of Public Murks on the task system of i refuse collection back to the City Attorney for clarification of Section 2, relatiug! to pay for overtime work, the City Attorney submitted the Ordinance as redrafted. Mr. A. E. Bert Snyder raised the question as to whether or not refuse will be collected once a meek in all parts of the city or whether some sections mill have refuse collected twice a week. The City Manager replied that the task system of refuse collection is an experiment and that he is unable to answer the question raised by Mr. snyder at thisi time. Mr. Wheeler then offered the following emergency Ordinance provldln9 for the tush system of refuse collection: (3153q2) AN ORDINANCE authorizing the City Manager, in his discretion, to place certain employees of the Sanitation Division of the Department of Public Murks on the *task system of refuse cnllectton*; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 353.) Mr. Mheele£ 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 ........S. NAYS: Mr. Dillard ...................................................... 1o (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: HOUSING-SLUM CLEARANCE: Mayor Stoller advised Coancil that the Commissioners of the City of Roanoke Redevelopment and Housing Authority are of the unanimous opinion that a member Of Council should he designated to attend the meetings of the Rousing Authority ns a distinct advantage both to the city and to the Authority. Mr. Wheeler moved that Mayor Murray A. Stoller be designated to attend the meetings of the City of Roanoke Redevelopment and Rousing Authority. The motion was seconded by Mr. Pollard and unanimously adopted. ROUSING-SLUM CLEARANCE: Mayor 5toIler pointed out that the term of Mr. Million S. Hubard as a Commissioner of the City Of Roanoke Redevelopment and Housing Authority expired August 31, lq63, and called for nominations to fill the vacanny. Mr. Dillard placed in nomination the name of William S. Uubard. There being no further nominations, Mr. william S. Ruhard mas reelected as a Commissioner of the City of Roanohe Redevelopment and Rousing Authnrity for a term of four years ending August 31, 1967, by the following vote: 150 FOR MR, HDBARD: Messrso, Dillard, Garland, Jones, Pollard, Iheeler and Hayor Stoller ........................... 6, (Mr, Young absent) On motion of Mr, Jones, seconded by Mr, Dillard and unanimously adopted, the meeting *fas adjourned, APPROVED ATTEST: ~-'' ?City Clerk Mayor 151 COUNCIL. REGULAR MEETIN6. Monday. September 9, 1963, The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Duildlng. Monday. September 9. 1963. at 2 p.m.. the regular mveting hour. with Mayor St,lief presiding. PRESENT: Councilmen Benton O. Dillard. Robert A. Garland. James E. J,nest Roy R. Pollard. St.. Vincent S. Nheeler. Walter Lo Young. and Mayor Murray A. St,lief ................................. T, ABSENT: None .................O, OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph Mhittle. City Attorney. and Mr. Jo Robert Thomas. City Auditor. INVOCATION: The meeting mas opened with a prayer by Dr. J. E. Davis. Pastor. Virginia Heights Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Tuesday. September 3. 1963. having been furnished each member of Council. on motion of (~15393) A RESOLUTION providing for the appointment of five viewers in closed, was before Council. 152 Hr. Mheeler offered the following Resolution providing for the appointment of v!ewers: (#15394) A RESOLUTION pr,riding for the appointment of five freeholders. any three of whom may act. as viewers in connection with the petition of the Norfolk and MesternRuilway Company. Fred P. NuJJum and Jo R. NuJJum to permanently vacate. discontinue nnd close that portion of an alley lying between BI,Ch 6 and Block l?. .according to thy map of Park Land and Improrement Company. extending from the westerly boundary line of the right of way of the Norfolk and Nestern Rallmny Company in an easterly direction approximately 146.93 feet to a point at the inter- section of Lots $ and 6, Block 17. P. L. ~ I.. and being 15 feet in width, in said city. (For full text of Resolution, see Resolution Book No. 26. page 355.) Mr. Rheeler moved the adoption of the Resolution. The motion was seconded! by Mr. Pollard and adopted by the following vote, Mr. Young explaining that the Norfolk and Western Railway Company did not initiate the request.'but is merely cooperating with Mr. Najjum: AYES: Messrs. Dillard, Garland. Jones, Pollard, Wheeler and Mayor 5toller .................................. 6, NAYS: None ....................O, (Mr. Young not voting) Mr, Wheeler then moved that the request be referred to the City Planning Commissioq for,study, report and recommendation to Council, The motion was seconded by Mr. Pollard and adopted, Mr. Young not voting. TRAFFIC: A petition signed by th~rty-fiye residents of the 2900, 3000 and: 3100 blocks of Corbieshaw Road, S. ~., advising that a swimming pool is being constructed at the end of Corbieshaw Road, in Roanoke County, that since Corbieshaw Road is a narrow street the traffic which such pool would generate would disturb the peace and quiet of the neighborhood, as well as create a hazard to the many children in the area, and suggestin~ that a barricade Or turn-around be constructed at the end of the street So that the patrons of the pool cannot use Corbiewshaw Road as a means of ingress and egress, was before Council. In this connection, a group of residents of.Corbleshaw Road, S. appeared .before Council in support of the petition, with Nessrs. L. S. Leedy, L. R. Cart, and Sam J. £11iott acting as spokesmen. On motion of Mr, Dillard, seconded by Mr. ~heeler and unanimously adopted. the request was referred to the City Manager for study, report and recommendation to Council. LIBRARIES: A communication from Nr. Cbarlie D. Hurt, tendering his resignation as a member of the Roanoke Public Library Board. Was before Council. Wr. Wheeler moved that the resignation be accepted amd that the City Att~ney be directed to prepare a Resolution of appreciation for the service rendered by Mr. Hurt as a member of the Library Board. The motion was seconded by Mr. Dillard and unanimously adopted. Later during the meeting Mr Dillard placed in nomination the name of Sidney P, Ghockley as a member of the Roan*he Public Library Board to fill the unexpired term of Mr, Hurt, The nomination mas seconded by HFe Young, Mr. Nheeler moved that the nominations be closed, The motion was seconded by Mr. Pollard and unanimously adopted, Mr. Sidney P. Chochley mas elected as a member of the Roan*he Public Library Board to fill the unexpired term of Hr. Go D, Hurt ending June 30, 1964, by the following vote: FOR HR. CB0CEL£Y: BessFs, Dillard, Garland, Jones, Pollard, Mheeler, Young and Hayor St*lieF ..................... REPORTS OF OFFICERS: BUDGET-CITY ATYORNEY: The City Ranager submitted a written report. advising that due to the illness of a secretary in the office of the City Attorney it will be necessary to appropriate $300 for extra help, and recommended that the amount of $300 be appropriated. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the f. Il*ming emergency Ordinance: (~15395) AN ORDINANCE to amend and reordain Section ~4, #Attorney,# of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 356.) 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, Wheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O. STREETS AND ALLEYS: The City Manager submitted a written report, advisin9 that pursuant to the provisions of Ordinance No. 14697, condemnation proceedings were instituted for the acquisition of property of Mrs. Bessie Cox Martin in connection with the widening of Salem Avenue, S. W., between First Street and Second Street. and that the Commissioners hare awarded the sum of $6,300 as just compensation and the sum of $20,O00 as damages, $10,000 more than provided for in Ordinance No. 14697, the City Banager recommending that the award of the Commis- sioners be accepted by the city and that the difference of $10,000 be appropriated. After a discussion of the matter, Messrso Dillard and Jones indicatin9 their reluctance to acquire the land, but conceding that the project has already been approved by a previous Council, Mr. Y,un9 moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance providing for the acquisition of the property of Mrs. Martin: (~15396) AN ORDINANCE providing for the acquisition of certain real estate wanted and needed by the City for the widening of Salem Avenue, $. between 1st and 2nd Streets, S, W,; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 26, page 357.) :!.53 154 Hr, Young moved the adoption of the Ordinance. The motion mas seconded by Mr, Mheeler and adopted by the following vote: AYES: Nessrs, Dillard, Garland° Jones, Pollard, Mheelert Young and Mayor Stoller ..........................7, NAYS: None .................... O. Hr. Mheeler then offered the foil*ming emergency Ordinance appropriating $10,000: (=15397) 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 358.) 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, HEALTH DEPARTMENT-ALCOHOLIC BEVERAGES: The GitI Manager submitted a written report, advising that the Commissioner of Health has informed him extra space is needed at the Health Center for the Retarded Children's Clinic and it is desirable to move the Tuberculosis Clinic away from the general clinic area, that the most logical place for this clinic would be in the space now occupied by the Alcoholic Rehabilitation Division of the State Health Department, the City Manager recommending that the lease for the space in question be terminated, After a discussion of the matter, Mr. Young voicing the opinion that the Alcoholic Studies and Rehabilitation Division is performing a very necessary service in Roanoke. and Mr. Dillard suggesting that the area under the stands at ¥ictory Stadium be converted into office space for use of the Planning Department which is at the Health Center at the present time, Mr. Wheeler moved that the question of furnishing space for the City Planning Commission at the Stadium be referred to the City Manager for study and report to Council, said study to also include the fur- nishing of space for the Roanoke Valley Regional Planning Commissioo at a reasonable' rental fee and other municipal departments. The motion was seconded by Mr. Dillard and unanimously adopted. APPOINTMENTS-DEPARTMENT OF PUBLIC WORKS: The City Manager submitted a written report, recommending that Mr. Eldon James Sayer be appointed City Engineer, effective October 15, 1963, at the salary provided for in Step 5, Group E2, of the Pay Plan, with an automobile allowance of $50 per month. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the foil*win9 Resolution: (=15398) A RESOLUTION confirming the appointment of Mr. Eldon James Sayer as City Engineer; currently placing said position in Step 5 of Group E2 of thel Pay Plan; and authorizing an automobile allowance of $50.00 per month. (For full text of Resolution, see Resolution Hook No. 26, page 359°) Hr, Rheeler moved the adoption of the Resolution, The motion nas seconded bf Mr, Garland and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Rheeler, Young and Hayor St,lief ............................ 7. NAYS: None ....................O. In this connection, it was bronght to the attention of Council that a previous recommendation of the City #meager that the Pay Plan be amended to increase the salary scale for the City Engineer was referred to a committee composed of Ressrs Ralter L. Young, Chairman, Benton O. Dillard and Robert A. Garland for study, particularly from the standpoint of lowering the qualifications set up in the Pay Plan for the City Engineer, report and recommendation, Hr. Young moved that the committee be discharged. The motion mas seconded by Mr. Dillard and unanimously adopted. AIRPORT: The City Manager Submitted a written report, recommending that the matter of appropriating $10,000 to air condition the Terminal Building at the Roanoke Rnnicipal Airport be referred to the lgb4 Budget Commission for its con- sideration, which recommendation has been informally concurred in by the Airport Committee. Mr. Pollard moved that Council concur in the recommendation of the City Manager and that the matter be referred to the 1964 Budget Commission for its consideration. The motion was seconded by Mr. Wheeler and adopted, Messrs. Dillard and Young voting no. BUDGET-PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having previously authorized the purchase of property at 507 Gilmer Avenue. N. E., from Ballie Barb.ur for $3,300 in connection with possible future expansion of the incinerator, and at its last regular meeting having authorized the institution of condemnation proceedings for acquisition of the said property in order to obtain a marketable fee simple title to the land, the City Manager submitted a written report, advising that an agreement has been worked out with Mrs. Barbour and her attorney whereby for an additional sum of $175 the existing claim can be settled, the City Manager recommending the appropriation of $175. Mr. Young moved that Council concur in the recommendation of the City M3nager and offered the following emergency Ordinance: (~15399) AN ORDINANCE to amend and r.ordain Section rlTO, 'Capital," of the 1963 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 359°) Mr. Young m~ved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Wessrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ NAYS:. None .................... 155 156 REPORTS OF COMMITTEES: INSURANCE: Council having referred to a committee composed of Messrs. Robert A. Garland, Chairman, Benton O. Dillard and,Roy Ro Pollard, Sr., for study, report and recommendation, a request of the Allstate Insurance Company that it be allowed to complete for the liability coverage on the municipal motor vehicle fleet which is scheduled for renewal on September 12, 1963, the committee submitted the following report: 'September 9, 1965 The Honorable Murray Aa Stall*r, mayor and member of Roanohe City Council Gentlemen: At the regular meeting of Roanoke City Council on Monday, August 26, 1963, on a motion made. duly seconded and unanimously adopted, you referred to the undersigned committee a request from Mr. R. E. Caller, Regional Manager of the Allstate Insurance Company, that they be allowed to compete for the present liability coverage on the municipal motor vehicle fleet scheduled for renewal on September 12o 1963. The committee met on Tursday. September 5, 1963. The question put to us was one not easily resolved and one that would be impossible to please all parties Involved. Your committee recognizes the merits of our Insurance Advisory Committee, that the participating companies are composed of some Of oar most outstanding citizens and long established firms and lib*wise, we recognize and acknowledge the economic impact that the Allstate Insurance Company has on our community along with the other firm~ that have been unable to participate in the city*s liability insurance. Your committee studied the following possiblities: 1o Continuing the present program under the Insurance Advisory Committee. 2. Place thc entire liability insurance Out for open bidding. 3. Splitting of the business between all the companies, Self insurance; that is, the setting aside of approximately the amount paid out annually for premiums and place into a surplus fund. After careful consideration of all the possibilities your committee recommends the following: I. Due to the short space Of time between now and when the city*s liability insurance expires (September 12, 1963), that this council instruct the City Manager to renew its present policies for a period of one year under the guidance of the Insurance Advisory Committee. 2. That after that date, the cityts auto liability insurance be placed for open bidding and instruct the City Manager to duly advertise for such at the proper time enabling any and all companies to bid for this coverage. Your committee realizes that this decision, if adopted by council, will have certain ramifications and objections but feel that it can justify and substantiate its position for the following reasons: 1, Probability Of a cheaper rate resulting in an approximately 10~ saving to the city. 2. All Other purchases involving in excess of ~5,000 are placed on competitive bidding and the committee could see no real difference in insurance than any other commodity that the city might purchase. Respectfully submitted, S~ Robert At Ca, land Robert A. Garland, Chairman S/ Roy R, Pollard, St, (Dissent in Roy R. Pollard Recommendation 2) S! Denton Ot Dillard Denton O. Dillard# After a discussion of the matter, Mr. Pollard moved that Council concur in Recommendation I of the committee and that the City Manager be directed to renem the policy mhich expires on September IR, 1963, for a period of one year. The motion uaw seconded by Mro Garland and unanimously adopted. Mr. Garland then moved that Council concur in Recommendation 2 of the committee to call for bids on insurance for the municipal motor vehicle fleet prior tO September 12, 1964. The motion was seconded by Mr. Dillard. Mr, Jones offered a substitute motion that the committee be continued to study the possible revision of the present insurance program of the city, including a study of self insurance, as provided for in Resolution No. 15167, adopted March 25t 1963. The motion was seconded by Mr, Wheeler and unanimously adopted. In this connection, Mr. Garland moved that Mr. B. B. Thompson, Purchasin9 Agent, be added to the committee. The motion was seconded by Mr. Jones and unani- mously adopted. UNFINISHED BUSINESS; NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: WATER DEPARTMENT: Ordinance No. 15305. accepting a water system in the Dedgelaun Gardens Subdivision located north of and adjacent to the Petty Acres Subdivision, upon completion, having previously been before Council for its first reading, read and laid over. was again before the body. After a discussion of the question as to the wisdom of accepting n Mater system with mains smaller in size than the six inch mains required by the Rules and Regulations of the Water Department, Mr. Young moved that the Ordinance be carried over until the next regular meeting of Council for a discussion with the Manager of PAY PLAN-DEPARTMENT OF PUBLIC NORKS: Council having directed the City Attorney to prepare the proper measure deleting the position of City Engineer from Croup 100-1 under Section 10. *Clerical, Operation, Technical and Supervisory Salaries.* of the Pay Plan. and establishing the position in Croup E2 under Section 9, *Executive Salaries** Of the Plan. he presented same; whereupon. Mr. Pollard offered the following emergency Ordinance: (=15400) AN ORDINANCE amending Ordinance No. 14300; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 360.) 157 158 Nr. Pollard moved the adoption of the Ordinance. The notion was seconded by Nr. Nheeler and adopted by the follomiug vote: AYES: Nesars. Dillard, Garland, Jonest Pollard, Nheeler, Young and Mayor Stoller ............................. NAYS: None ....................O, SALE OP PROPEET¥: Couo¢ll havlng directed the City Attoroey to prepare the proper measure authorizing the sale of a walnut tree located on a sewer right of way near Carvins Creek. N. E.. to Mr. Waverly E. St. Clair for $75, he presented same; whereupon, Mr. Rheeler moved that the following Ordinance be placed upon its first reading: (~15401) AN ORDINANCE authorizing the sale of a walnut tree unto Waverly St. Claire WDEREAS, the City Rauager has recommended the adoption of this ordinance, in which recommendation this Council concurs. YR£REFORE. DE IT ORDAINED by the Council of the City of Roanohe that the offer of Waverly Eo Ste Clair, 1606 Lawrence Avenue, S. Ee, tO purchase a walnut tree growing on the City's sewer right of way near Carvins Creek. N. E** approxi- mately as shown in red on Plan No. 4478-A, dated October 30, 1961, and on file in the office of the City Clerk, for $75.00 cash, be, and said offer is hereby. accepted; it being understood that, agreeable to the conditions of his letter of August 28, 1963, the said purchaser will furnish such insurance as the City Manager deems necessary to protect the City from any and ail damage that may arise from any accident resulting in the femoral of said tree and, further, that the purchaser will cause the tree to be cut level with the ground and remove ali limbs and brush from the City*s propertye The motion was seconded by Mr. Pollard and adopted by the following vote: AYF~: BeSSF$. Dillard, Garland, Jones, Pollardt Wheeler, Young and WayOF Stoller ........................... NAYS: None ................... STATE BIGRWA¥S-AUDITORIUM-COLISEDM: Council havin9 directed the City Attorney to prepare the proper measure advising the Virginia Department of Highways of the action taken by Eounctl toward the possible construction of an auditorium- coliseum in the Commonwealth Redevelopment PFO~eCt and requesting the Department to call for alternate bids on the Interstate Spur 581 prO~ect tO include a'pedestrian underpass in the vicinity of Walker Avenue, N. E., he presented same; whereupon, Mr. Jones offered the following Resolution: (~15402) A RESOLU~ION requesting the Department of Highways of the Commonwealth of Virginia and the Bureau of Public Roads of the United States to request alternate bids on that portion of' Interstate Spur Route 581 in the vicinity of Malker Avenue, Ne Eo; one bid proriding for a pedestrian underpass under said route in the vicinity of said avenue and the other omitting such underpass. (For full text of Resolution, see Resolution Book No. 26, page 360,) 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, Nheeler, Young ,nd Hayor St.lief ............................ NAYS: None ....................O, PARRS AND PLAYGROUND$-GARGAGE REMOVAL: Council having referred a proposed Oedinance emending ,nd reordainin9 Section S, Chapter 3. Title XllI. of The Code of the City of Roanoke, 1956, to permit the papercan system of refuse collection ia addition to the present system of refuse collection, back to the City Attorney for redraftlng, he presented some. After a discussion of the proposed Ordinance, Council being of the opinion that the maximum weight of the filled containers should be 75 pounds instead of SO pounds, Hr. Mheeler offered the following emergency Ordinance: (#15403) AN ORDINANCE to amend and reordaln Sec. 5 of Chapter 3, Title XIXI, 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 361.) Mr. Mheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, Nheeler, Young and Mayor Si.lief ................................. NAYS: Mr. Dillard ............ MOTIONS AND MISCELLANEOUS BUSINESS: P~NSIONS: Mayor St,Ilar advised Council that the Employees' Retirement System of the City of Roanoke does not provide the benefits for survivors that Social Security does and raised the question of converting from the Employees' Retirement System to Social Security in city government. It appearin9 that a committee composed of the City Auditor, Chairman, the City Manager and the City Attorney has been appointed to investigate the possibility of freeztn9 the Employees' Retirement System and to submit a cost estimate on placing future city employees under Social Security, no further action was taken on the matter pending the report of the committee. PAY PLAN: Pursuant to Section 9 (d), of the Pay Plan, Mayor Si.lief relinquished the Chair and moved that Mayor Murray A. Stoller, Chairman, Mr. Benton O. Dillard and gr. Nalter L. Young be appointed as a committee to review the salaries of the appointees of Council. The motion mas seconded by Mr. Jones and unanimously adopted. HOUSING-SLUR CLEARANCE: Rayor Si.lief pointed out that there is a vacancy on the City of Roanoke Redevelopment and Housing Authority due to the death of Mr, Mllliam P. Booker and called for nominations to fill the vacancy, Mr. Dillard placed in nomination the name of W. Courtney King, Jr. Mr. Garland mored that the nominations be closed. The motion sas seconded by Mr. Nheeler and unanimously adopted. Mr. W. Courtney King, Jr., was elected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill the unexpired term Of Mr. William P. Hooker, deceased, ending August 31, 1966, by the following vote: 159 ~160 FOR HR. KING~ Hessrs. Dillard, Garland, Jones, Follard0 Wheeler, Young and Mayor Stoller ....................... BUILDINGS: It appearing that the term of Hr. Frank HaFner as a member of the Board of Appeal, Building Code,.expires on September 30, 1963, Hayor St*lieF called for nominations. Hr. Dillard placed tn nomination the name of Frank Harmer. Mr, Wheeler moved that the nominations be closed. The motion was seconded by Hr. Follard and unanimously adopted. WV. Frank HaFner was reelected as a member of the Hoard of Appeal, Duilding Code, for a term of five years beginning October 1, 1963, by the f. Il*ming vote: FOB HR. HARMER: Wcssr$. Dillard, Garland, Jones, Pollard, Wheeler. Y.un9 and Hayor St*lieF .......................... On motion of WF, Jones, seconded by Rt. Rheeler and unanimously adopted, APPROVED Ma~or ' COUNCIL, REGULAR MEETING, Monday, September 16, 1963. The Council of the City of Roanoke met In regular meeting Iff the Council Chamber in the Municipal Building, Monday, September 16, 1963, at 2 p,m., the regular meeting hour, mith Mayor Stoller presiding. PRESENT: Councilmen Henton O. Dillard, Robert A. Garland, James Eo Jones, Roy R. Pollard, Sr., Vincent So Mheeler and Mayor Murray A. Stoller ............... ABSENT: Councilman Malter L. Young ..................................... 1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph Whittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATIOn: The meeting was opened with a prayer by the Reverend C. Dodson, Pastor, Mindsor Hills Baptist Church. MINUTES: Copy of the minutes of the regular meeting held On Monday° September 9, 1963, having been furnished each member of Council, on motion of Mr. Rheeler. seconded by Mr. Jones and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZEi~$ UPOn PUBLIC RATTERS: 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. 1963, to October 15, 1964, said proposals to be received by the City Clerk until 1:30 p.m., Monday. September 16. 1963, 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 aduertisement, if there was anyone present who had been denied the privilege of bid- ding, or if there Here any questions about the advertisement anyone would like to ask, and no representative present raising any question, the Hayor instructed the City Clerk to proceed with the opening of the bids: whereupon, the City Clerk opened No. I No. 2 No. 5 Net Net Net Humble Oil ~ Refining Company - $ .1505 $ .1355 Gulf 011 Corporation - $ .1404 $ .1254 Van Wood Oil Corporation - $ .134 $ .126 $ .0971 Andrews-Pitzer-Dutler Fuel Oil Corporation - $ .153 $ .133 $ .oqT1 Whiting 0tl Company - $ .1299 $ .1179 Lawson Oil Company, Incorporated - $ .1430 $ .1250 Sinclair Refining Company - $ .1329 $ .!182 Fuel Oil and Equipment Company, Incorporated - $ .150 $ .132 $ .1025 The Pure Oil Company - $ .1304 $ .1154 and read the following bids: Bidder On motion of Mr. Dillard, seconded by Mr. Pollard and unanimously adopted, the bids were referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Vincent S. Wheeler, Robert A. Garland and B. B. Thompson for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. 161 COAL: Pursuant to notice of advertisement for bids for furnishing the City of Roanoke 300 tons, more or less, of Pocahontas 011 Treated Washed Furnace Sum Coal. and 700 tons. more or less, of Pocahontas Oil Treated Mashed Stoker Pea Coal, for the period from October 1, 1963, through September 30, 1964. said proposal~ to be received by the City Clerk until 1:30 p.m.. Mosday, September 16, 1963, and to be opened at 2:00 p.m,, before Council, Mayor St,lief asked if there was anyone prese.t who did not fully understa.d the advertisement, if there mas anyone present nh* had been denied the privilege of bidding, or if there were any questions about the advertisement anyone mould like to ask, and .o representative present raising any questio., the Mayor instructed the City Clerk to proceed with the ope.lng of the bids; ~hereupon, the City Clerk opened and read the foil*ming bids: Bidder Furnace Coal Stoker Coal Sovereign Pocahontas Company o $ 6.50 per ton $ 6.15 per ton Old Dominion Coal, Iron and Coke Corporation - $ 7.00 per ton $ 6.25 per ton Blair Pitzer Coal and Fuel Oil Company - $ 6.?O per ton $ 6.20 per ton On motion of Mr. Dillard, seconded by Mr. Garland and unanimously adopted, the bids were referred to a committee composed of Messrs. Roy R. Pollard, St., Chairman, Vincent S. Wheeler, Robert A, Garland, and B, B. Thompson for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. AIRPO2T: Pursuant to notice of advertisement for bids on the construc- tion of a taxi strip a~d apro,s for quonset hangars at Roanoke Municipal (Moodrum) Airport, said proposals to be received by the City Clerk until 1:30 p.m.. Monday, September 16. 1963, and to be opened at 2:00 p.m.. before Council. Mayor St,lieF asked if there was anyone present who did not fully u,derstand the advertisement. if there ~as anyone present who had been denied the privilege of bidding, or 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 with the opening of the bids; ~hereupon, the City Clerk opened and read the following bids: S. R. Draper Paving Company, Incorporated $ 5,611.50 Virginia Asphalt Paving Company, Incorporated $ 5,0?0.00 Adams Construction Company $ 5,954.25 John A. Hall ~ Company, Incorporated $ $,971.50 On motion of Mr. Dillard. seco.ded by Mr. Jo.es and una~imousll adopted. the bids were referred to a committee composed of Messrs. Roy R. Pollard, Chairman, Vincent S. Wheeler, Robert A. Garland, and B. B. Thompson 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 2:00 p,m., Authority that property in the Commonwealth Redevelopment Project located on the northwest corner of Gilmer Avenue and Second Street, N.£., Official Tax Nos. 3Ol1436 and 3011439 be reached from General Residence District to Business District the matter was before the body. In this connection, Hr. Tom Stockton Fox. Attorney, appeared before Council and ashed that the above property be rezoned as requested. No one appearing ia opposition to the proposed rezoningo Hr, Dillard moved ~ that Council concur i~ the request for reaching and that the following Ordinance be placed upon its first reading; (#15404) AN ORDINAhCE to amend and reenact Title XV, Chapter 4o Section 1, of The Code of the City of Roanoke° 1q56, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke by the City of Roanoke Redevelopment and Housing Authority, pursuant to the agree- ments between the City of Roanoke and City of Roanoke Redevelopment a~d Housing Authority of June B, 1955. and December lO. 1957. wherei, is included provisions for the reaching of certai, areas within the boundaries of the Commonwealth Redevelop- ment Project urea. to have the hereinafter described property reached as hereinafter set forth; and NHEREAS, Amendment No. 2 of the Commonwealth Redevelopment Project Plum, unproved by the Council Of the City of Roanoke on July lb. 1962. provided for the rezontng of the hereinufter described property from the classificution of General Residence District to the classification of Dusiness District; and NIIEREAS0 suid Redevelopment Plan Amendment No. 2 was submitted to the Roanoke City Planning Commission, and on July lib 1962. the suld Roanoke City Plunning Commission did approve the said Redevelopment Plan Amendment No. 2 and such reaching of the hereinafter described property from the classification of General Residence District to the classification of Business District; and WHEREAS. notice required by Title XV. Chapter 4. Sectio~ 43. of The Code of the City of Roaqoke, 1956, relating to Zoning, has bee~ published in "The Roanoke Norld-News", a newspaper published in the City of Roanoke for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in said newspaper was held on the 16th day of September, 1963, at 2 p.m., before the Council of the City of Roanoke in the Council Chumber in the Municipal Building. at which hearing property owners and other interested parties in the uffected urea were given an opportunity to be heard both for and against suid rezoning; and WHEREAS, this Council. after considering the evidence presented, is of the opinion that the said property should be rezoned as requested. THEREFORE° BE IT ORDAINED by the Council of the City of Roanoke that Title XV. Chapter 4. Section 1. of The Code of the City of Roanoke. 1956. relating to Zoning, be amended and reenacted in the following particular and no other, viz.: The hereinafter described property in the Commonwealth Redevelopment Project area in the Northeast section of the City of Roanoke, Virginia, designated 164 on Skeet 301 of the Zoning Rap. is hereby changed, and the Zoning Rap shall be changed, from the classification of General Residence District to the classification of Business District. as follows: All that certain lot or parcel of land lying on the northwest corner of Calmer Avenue and Second Street, N. E** in the City of Roanoke, State of Virginia. and more particularly described as follows: D£GIN~I~G at a point which Is the termination of the northerly side of Gllmer Avenue at Seco.d Street, N. E., and the.ce with the said northerly line of Gilmer Avenue, N.E. A. BOo 37' 30" W. 61.65 feet to a point o, the same, uhich point is BO0 feet e3sterly of Jefferson Street: thence leaving said northerly side of Cilmer Avenue. B. Ol° 36* 30" E. 12S feet to u point on the southerly side of an alley; thence uith the same S. fl8° 3?* 30# E. 103.16 feet to a point on the westerly side of Second Street; thence with the same S. 16o 34* 16' E. 4R.90 feet to a to the right, an arc distance of 113.04 feet to the place of BECI~IAO. and being Nos. 3011438 and 3011439 on the Tax Appraisal Msps of the City of Ran,ekco and being Parcel as shown o~ the map of the Commonwealth Redevelopment Project VA-?-I. prepared by David Dick and Harry A. Well. Civil Engineers and Surveyors, dated April lB. 1963. of record in the Hustings Court Clerk*s Office for the City of Roanoke. Virginia. in Map Book 1, Pages 157 and 158. AYES: Ressrs. Dillard, G~rland. Jones, Pollard. Wheeler and Ma~or Stellar .................................. ~AYS: None ...................O. (Mr. Young absent) SE~ERS AND STORM DRAX~S-AIRPORT-STATE HIGHWAYS: Wt. A. Linwood Bolto-. Jr., representing Associated Transport. Incorporated. appeared before Council and advised that his client proposes to purchase property adjoining the Rea,eke Municipal terminal and mainten3nce facility thereon, that the Boerd of Supervisors of Roanoke Council agree to acquire and do,ate the necessary right of way for the proposed and the Virginia Departmeet of Highuays. September 16, 1963 To the City Council Roanoke. ¥irglni~ The Associated Transport is expected to sign aa agreement to west of the Airport Rand and east of Runway The Company is willing to sell to the City approximately 3 Plat 473~-1, for the sum of $3,000 an acre. er approximately $9,000. I recommend its purchase. The Council has lmcluded in its agreement with the Federal Aviation Agency. ns part of Project 13. sufticlest land borderi,g on bhe east side a,d the ncqutsitlo, of a proposed road rot the future ut I00 ~eet wide from Hersbberger Road north and east to the soother, limits of the Lemon property as shown on the Airport Plan. I recommend I, addition to purchasing the la-d from the Associated Transport that we also s~gnify our willi.gness to dedicate the necessary land from Hershberger Road to the northern extremity of the Lemon property, approximately 100 feet in width i, order that the State Department of Highways may construct with The Council has.previously committed itself as being willing to dispose of the draln water in the area; a,d i, our judgment° this can be accomplished in two ways: 1. Approximately One-third of the draJ- water to the west fusing in with the airport drainage system, and 2. The remaining of approximately two-thirds drainage would have to dral~ to the east and south and carry to the existing drain at Raitland Avenue and Route IlO and meander eventually into Tinker Creek. Respectfully submitted, S/ Arthur S. Owe.s City Ranager# Council being of the opinion that it should i~dicate its willi~9.ess to that the matter be referred to the City Attorney for preparation of the proper SUHDIYISIONS: Rr. C. ~. Francis, Jr., Preside~t. R. O. a~d R. Corporation, appeared before Council and requested that a committee be appointed to review the ~900 bloch of Crystal Sprin9 Ave.ne. 5. M.. in compliance with the provisio~s of the amount of $5.300 guaranteeing the work. The City Manager submitt~g a verbal report that the City Planning Commission has now indicated its approval of the improvemen~ made in the subdivision and the bond of the R. D. and R. Corporation ~ill be released, no further action was taken on the matter. INDUSTRIES: Mr. C. ~. Francis. Jr.. Real Estate Agent. appeared before Council and offered to rent a portion or all of the Office Building in the Roanoke Industrial Park to the City of Roanoke for four cents per square foot per month. On motion of Mr. Jones. seconded by Mr. Wheeler and unanimously adopted. the offer sas referred to the City Manager for study, report and recommendation to ,Council. At this point. Mr. Jones left the meeting. JUNIOR CHAMBER OR COMMERCE-PARKS AND PLAYGROUNDS: Mr. James O. Trout. representing the Roanoke Junior Chamber of Commerce. appeared before Council and requested that the Junior Chamber of Commerce be permitted to continue operation of the miniature train in the Children's Zoo on Rill Mountain for a period Of ten years. ~ith an option for an additional ten years, with the net income from the operation 165 166 thereof robe divided equa~ly between the Junior Chamber of Commerce nad the City of Roanoke. la lien of conveying the train to the city during the year. 1964 aa required by Ordinance Mo. 13416. Hr. Trout pointing out that such permission will allow the organization to make extensive repairs nad improvements to the miniature train so as to mahe it n greater tourist attraction and will provide funds to assist the organization in continuing worthmhile civic projects. After a discussion of the matter. Council being of the opinion that the request should be granted for a period of ten years, but without an option for an additional ten years, Mr. Wheeler moved that the matter be referred to the City Attorney for the preparation of the proper measure, said measure to include a cancellation clause. The motion was seconded by Mr. Garland and unanimously adopted, PETITIONS AND CORRUNICATIONS: STREET LIGHTS: A communication from the Appalachian Pouer Company, trans- martin9 a list of street lights shich were installed and/or removed durin9 the month of August, 1963, was before Council. On motion of Rt. Rheeler. seconded by Wt. Pollard and unanimously adopted, Viroinia* 167 AYES: Messrs. Dillard, Garland, Pollard,,Nheeler and Bayor St,lief NAYS: None .............................................................O. (Messrs. Jones and Young absent) Hr. Mheeler then'moved that the request be referred to the City Planning Commission for atudy, report and recommendation. The motion was seconded by Pollard and unanimously adopted. ZONING; A communication from NV. Den #. Richardson, Attorney, representing NV. Carl A. Montgomery, et 31., requesting that property located on the south side of Brambleton Avenue, S. N., east of Ashby Street, described as a portion of Lots and 4A, and Lots S, 6 and ?, Block 4, C,fbi,shaw, Official Tax Nos. 1650603, 1650801, 4 1650802, and 1650803, be r.zoned from General Residence District to Business District, was before Council. Off motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. REPORTS OF OFFICERS: STREETS AND ALLEYS-PARKS AND PLAYGROUNDS-CEMETERIES: The City Attorney submitted the following report with regard to the legal status of the cemetery in Bowman Park: "September !1, 1963 The Honorable the Council of the City of Roanoke Gentlemen: By deed dated Ray 13, 1963, the heirs at lam of Jonas Price Bowman granted and conveyed unto the City of Roanoke approximately 2.49 acres of land for park and street purposes. It was under- stood that, as a result of the conveyance, the City Mould c,se a small portion of Round Hill Avenue and Mould continue Round Hill Avenue through the northerly portion of the property conveyed to Mead,Ms Street. The deed from the Bowman heirs to the City con- tained both general warranty and the modern english covenants. Mr. Raymond po Barnes, a local attorney and historian, appeared before the Council the day it authorized the acceptance of a deed to the property and stated that he had genuine reason to believe that there was a cemetery lot located on the real estate involved. One or more people from the audience corroborated him in his belief, although Mr. Earl A. Fitzpatrick stated that neither he nor his clients knew of the existence of such a cemetery. In any event, by Resolution No. 15247, adopted on the 20th day of Ray,,lg63, you directed the City Manager to ascertain if a private cemetery is located on the aforesaid property. Agreeable to that directive, the City Manager had Mr. J. B. Kennerly, a member of the Health Department staff and a licensed mortician, to make an investigation and determine if a cemetery lot is located there. In duecourse, Rt. Kennerly made the requisite investigation and determined that *a cemetery is located there** Be says,.among other things, that a row of some half dozen foot- markers was located just under the surface of the s,ii; that examination of the soil showed evidence of loose dirt to the level of about six feet; and one grave space was explored and fragments of bone which were identifiable as human skull Mere found at the six foot level. You then referred the matter to me for a report as to its legal status. X am advised by the Department of Public Marks that the City has done nothing towards performing its agreement to close 168 a portion of Round flill Avenue, or to continue Said avenue through a portion of the property conve~ed to Readoms Street; nor. has it taken uny steps to improve the site. I am Informed by Mr, Kennerly that none of the footstoues found by him were murhed by initials or in any other may; that only tun were above ground; and that the existence of & private cemetery uaw not clearly apparent. Indeed. as stated, the existence of the cemetery mas denied on behalf of the Bowman belts--those mbo probably should have best known of its existence. Accordingly, it would seem that one or more of the above=mentioned covenants was breached when made and, hence, a proper court should allom the Dity, If It chose, to reconvey the land to the Bowman heirs and thereby terminate all of Its obligations in the premises. The Engineering Department supplied me a map revised August 28. 1963. which shows the cemetery plot to be $0 feet square. Such an area constitutes n relatively small per cent of the ap- proximately two acres conveyed for park purposes and the land conveyed for such purposes lies extremely well. being practically level. When I visited the site. several young children were playing there and the area lends itself to many possibilities as a playground for smaller children. The City unquestionably has the Fight to fence off the cemetery plot and beautify it to any extent desired. This is the treatment that I understand Mr. Barnes recommends and. beoause of its location on the area. if so treated, it would notund~y hurt the balance of the area for playground purposes. I have only the information with reference to this matter that Council has. And I think we have the right to assume that the cemetery was initiated as a private one and that its Status as such has never been changed. Accordingly, only the relatives of the decedents buried there have any material right to complain as to the manner in which the owner of the fee improves, develops Or neglects the area. Mr. Barnes called your.attention, when he appeared before you, and mine, subsequently, to 9 ~ 18.1-181, IB.1-243 and 18.1-244 of the Code of Virginia. 1950, as amended. These sections are crimi- nal in nature and are aimed generally at preventing persons having no interest or ownership in cemeteries, ettber public or private, from willfully and wantonly perpetrating improper acts upon or defacing them. They have little, if any, relevency to the matters considered here. Gr~nn~nt et al. v. Fre~ericksburo Lodoe. No, 4. Ancient Free and Accepted Masons. et al., !18 Va. $BO, is conclusive authority that a court of equity may authorize the disinterment and relater- meat of dead bodies under proper conditions. In that case, on page $95. on behalf of the undivided court. Judge Harrison writes: 'Every removal of graves is not a desecration; on the contrary, such removal is often demanded by the highest considerations of duty and respect for the memory of the dead. Instances are innumerable where not only graves are removed, but mhole ceme- teries are transferred to another and different location. The idea that to remove them is a desecration is negatived by our statute (sec. 1406-a, Code, 1904l. ~hich permits the removal of cemeteries under certain circumstances and condltions.* I hope I have given you, in this opinion, answers to the questions desired. I believe, however, that if you will look at Plan No. 4794 revised August 20, 1963, prepared by and on file in the Office of the City Engineer. you will be of the unanimous opinion that the cemetery lot should be attractively fenced and planted and this matter thus terminated. Respectfully submitted, S/ Ran 6. Whittle City Attorney" Council having previously authorized the City Manager to fence off the cemetery, Mr. Dillard moved that the report of the City Attorney be approved and filed. The motion Mas seconded by Mr. Wheeler and unanimously adopted. · ATER DEPARTMENT: The City Attorney submitted the f,Il,win9 report mlth regard to appointing agents throughout the city to Collect water bills; · September 12, lgb3 The Honorable the Council of the City of Roanoke Gentlemen: On motion of Councilman Garland, the question of whether the City Charter precluded the appointing of agents throughout the City to collect water bills was recently referred to me. In my Judgment, under roles and regulations thoroughly pro- tecting the City, this could be done. Yon will recall that formerly some of the so-called · nuisance tax license* ordinances required certain designated persons to collect the imposed fee. And, presently, the utility companies are required to collect the additional taxes for the City. 1 am informed that local banks are non aothor- ized to collect bills for services rendered locally by the Appalachian Power Company and, also, The Chesapeake and Potomac Telephone Company of Virginia. In my judgment, serious study should be given the question of appointing agents throughout the City to collect water bills before such a change is made and every possible safeguard re- quired of such agents to protect the funds of the City so collected. This doubtlessly can be effectively done. However, City employees to ~hom these bills are presently paid are pr,pertly bonded and are, by ordinance, required to report all collections received the following day. Respectfully submitted, S! Ran G. Whittle City Attorney~ Mr. Dillard moved that the report of the City Attorney be filed. The motion was seconded by Mr. Wheeler. In a discussion of the matter, Mr. Garland stated he thinks this is a service Council should offer the citizens of Roanoke. Mr. Dillard protested that Council mould, in effect, be placing tax collectors on the city payroll, Mr. Wheeler and Mayor St,lief indicated they would have no objection to appointizl9 agents throughout the city to collect water bills if no charge is made for the service. Mr. Garland offered a substitute motion that the City Manager be directed to advertise for bids for this service. The motion failed for lack of a second. The original motion was then unanimously adopted. STATE CORPORATI0~ COMMISSION: The City Auditor submitted a written report, transmitting a comparison of Public Service Corporations Valuations and Tax Levies for the years 1962 and 1963, showing an increase of $137,528.44 which resulted in a net increase of $21,600.00 lA the revenue estimated for the year. On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the report was filed, i Mayor Stoller then relinquished the Chair and moved that the City Attorney be directed to prepare the proper measure informing the State Corporation Commission 169 170 of the substantial increase in the assessed value of non=public service corporations Jn Roanoke during the recent quadrennial assessment of real estate and suggesting that this increase be taken Into consideration by the State Corporation Commission when the next valuation or public service corporations is made. The motion was seconded by Mr. tollard and unanimously adopted. REPORTS OF COMMITTEES: BUDGET: Council having requested the City Auditor and the City Manager to furnish a list of appropriations which have been made since the 1963 budget was adopted and to submit an estimate Of the financial position Of the city at the year*s end, the committee submitted the following report: 'September 12, 1963 The Council of the City of Roanoke Gentlemen: Pursuant to your directive of July 15, 1963, ue furnish the following statement of the current financial position of the City: Attached are the follomin9 (1) A revised e~timate of revenue for the year (2) A statement of current appropriations through June 30, showing encumberances against the several accounts to that date (3)A supplement of appropriation amendments from June 30 to date On January 1, 1963 the General Fund had 9214,637.34 in available cash. Based upon the current budget the year end Cash Balance is computed as follows: Cash, January 1, 1963 $ 214oB37.34 Estimated Revenue ]B.q37.806.O0 919,152,643.34 Budget Appropriations 19,491,~52.03 Deficit (9 339,209.49) Prior experience and an examination of the current budget indicates that we may expect unexpended balances of appropriations and revenue in excess of estimates of approximately 9600,000.00 which would result in a year end Cash Balance of 9260°000.00. The current budget provides for a $395,000.00 loan from the Mater Department to partially finance Federal airport project No. 13 for which there is an appropriation of $T45,000.00. It is doubtful that the funds for this project will be expended in this year, If such be the case, we would recommend that the loan and a like amount of appropriation be deferred to the 1964 ~udgeto S/ J. Robert Thomas City Auditor S/ Arthur S. Owens City Manager# On motion of Mr. Pollard, seconded by Mr. ~heeler and unanimously adopted,! the report was filed. SE~ERS AND STORM DRAINS: The committee apoiflted to study two requests of the Board of Supervisors of Roanoke County that the contract between the City of Roanoke and the County of Roanoke dated September 28, 1954, dealing with the treatment of domestic and commercial wastes, be amended, submitted the following report: 'Roanoke, Virginia September 12, 1963 The Honorable the Council of the City of Roanoke Gentlemen: You referred to the undersigned committee two resolutions of the Board of Supervisors of Roanoke County requesting that the contract betmeen the City and the County, dated September 20. 1954, dealing with the treatment of domestic and commercial wastes, be amended: (1) To include a 3?.09-acre tract of land located on the east side of Virginia Route 116, north Of Virginia Route 625, and (2) To include a 12,1S-acre tract of land owned by J. Heade Harris, located adjacent to the sooth- west corporate limits of the City and north of U, S. Route 220; both of which tracts of land are described by metes and bounds in the respective resolutions. Your full committee has met and seriously considered both of these requests. However, before it can make a final report and recommendation in the premises, it must obtain certain essential engineering data from both the engineers representing the County of Roanoke and, also, from our Engineering Department. Ilence, this interim report. He will make a further report as soon as reasonably possible after receiving the above-mentioned information. It may, how- ever. take sane little while before it can be supplied the committee. gespectfully submitted, 171 Walter L. Young, Chairman S/ Arthur S. Owens Arthur S. Owens $/ Roy L. Webber S/ Ran G. Whittle Ran G. Whittle" On motion of Mr. Pollard. seconded by Rr. Garland and unanimously adopted. the report was filed. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: WATER DEPARTMENT: Ordinance No. 15385, accepting a water system in the Hedgelawn Gardens Subdivision located north of and adjacent to the Petty Acres Subdivision, upon completion, having previously been before Council for its first reading, read and laid over, was again before the body. In this connection, Mr. Raymond E. Pillow. Manager of the Water Depart- meat, appeared before Council for a discussion of the matter. Mr. Pillow advising that although some of the mains do not meet the standards of the Water Department he is of the opinion the proposed system ~ould be satisfactory. i72 After u further discussion of the matter, Council being of the opinion that in the future mater systems in county subdivisions should not be accepted by the city unless they conform to the standards of the city. Mr. Wheeler offered the following Ordinance for its second reading and final adoption: (#15385) AN ORDINANCE authoriaing the city's Mater Departaent to accept title to and serve uuter to customers through Hedgelown Gardens Subdivlsion's muter system. (For full text of Ordinance, see Ordinance Book No. 26, page 362.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded l by Mr. Pollard nnd adopted by the following vote: AYES: Ressrs. Dillard. Borland, Pollard, Wheeler and Mayor Stoller NAYS: None .............................................................O. (Ressrs. Jones and Young absent) SALE OF PROPERTY: Ordinance No. 15401, authorizing the sale of a walnut tree located on a sewer right of way near Carvins Creek, N. E.. to Mr. Waverly St. Clair for $75, having previously been before Council for its first reading, rend and laid over. was again before the body, Hr. Wheeler offering the following for its second reading ad final adoption: (~!5401) AN ORDINANCE authorizing the sale of a walnut tree unto Waverly E. St. Clair. (For full text of Ordinance, see Ordinance Book No. 26, page 363.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Ressrs. Dillard. Garland, Pollard, Wheeler and Wayor Stoller .....5. NAYS: None .............................................................O. (Messrs. Jones and Young absent) LIBRARIES: Council having directed the City Attorney to prepare the proper measure expressing its appreciation to Mr. Charlie D. Hurt for the service he has rendered as a member of the Roanoke Public Library Board, the City Attorney presented same; whereupon. Hr. Pollard offered the following Resolution: (~1540b) A RESOLUTION expressing unto Charlie D. Hurt the appreciation of this Council and that of the people of the City of Roanokefor his long and capable service to the City of Roanoke as a member of its Public Library Board. (For full text of Resolution, see Resolution Book No. 26, page 365.) Wt. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following rote: AYES: Messrs. Dillard, Garland, Pollard, Wheeler and Mayor Stoller .....5.I NAYS: None .............................................................0.: (Messrs. Jones and Young absent) MOTIONS AND RISCELLANEOUS BUSINESS: PARKS AND pLAYGROUNDS-GARBAGE REBOYAL: Mr. Wheeler advised Council that the Rest Yirginia Pulp and Paper Company has offered to donate a supply of bags for use in the papercan system of refuse collection in the Dorchester Court and South Roanoke, sections for u period of three to four weeks in order that the system may be observed by visitors to the city and other interested parties and moved that the offer be accepted. The motion was seconded by Mr. Garland and unanimously adopted. VIRGINIA MUNICIPAL LEAGUE: Mayor Stoller advised that other cities through~ out Virginia are making strong efforts to hare the annual convention of the Virginia! lunlcipal Leaoue held in their localities. Mr. Mheeler moved that Mayor Stoller be authorized to invite the Virginia Municipal League to hold its annual convention in Roanoke as soon as possible. The motion was seconded by Mr. Dillard and unanimously adopted. DEPARTMENT OF PUULIC MORKS; Mayor StoIler brought to the attention of Council the question of retaining Mr. John L. Ment~orth, former Director of Public Morks, as a consultant to the Department of Public Morks at no salary, but with an automobile allowance of $S0.00. effective October 1, After a discussion of the matter, Rt. Dillard moved that the question be referred to the City Manager for study, report and recommendation to Council, The motion was seconded by Mr. Wheeler and unanimously adopted. On motion of Mr. Dillard. seconded by Mr. Garland and unanimously adopted. the meeting was adjourned. APPROVED City Clerk Mayor 173 COUNCIL, REGULAR MEETING. Monday, September 23, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, September 23. 1963. at 2 p.m., the regular meeting hour. PRESENT: None ................O. ABSENT: Councilmen Benton O. Dillard, Robert A. Garland, James E. Jones, Roy R. Pollard, Sr., Vincent $. Wheeler, Malter L. Young, and Mayor Murray A. Stoller ................................. 7. OFFICERS PRESENT: Miss Dorsie M. Graham, Deputy City Clerk. A quorum failing to appear, the meetiug was not held. APPROVED City Clerk Mayor 174 COUNCIL, REGULAB MEETING, Monday, September 30, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, ~eptember 30, 1963,'at 2 p,m,, the regular meeting hour, ulth Mayor Stoller presiding, PRESENT: Councilmen Benton O, Dillard, RobeFt A. Garland, James C, Jones, Roy R, Pollard, St,, Nmi*er L. Young and Mayor Murray A, Stoller ................... ABSENT: Councilman ¥1nceot S, Nheeler ...................................1, OFFICER5 PRESENT: Mr, Arthur S. Owens, City Manager, Mr, Randolph 6, Nhittle, City Attorney, and Mr, J, Robert Thomas, City Audi*OF. INVOCATION: The meeting was opened with a prayer by the Reverend Nllson Jamison, Pastor, Nem Uope Christian Church, MINUTES: Copy Of the mina*es Of the regular meeting held on Monday, September 16. 1963, havin9 been furnished each member of Council, on motion of Mr, Pollard. seconded by Mr. Jones and unanimously adopted, the reading theFeof was dispensed with and the minutes approved as recorded, HEARIng OF CITIZENS UPON PUBLIC MATTERS: BRIDGES: Pursuant to notice of advertisement for bids on the construction of a reinforced concrete slab to replace the present timber deck on Thirteenth btrect Bridge over the tracks of the Norfolk and Nestern Railway Company, said proposals 'to be received by the City Clerk until 1:30 p,m., Monday, September 30, 1963, 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 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 Mith the opening of the bids. In this connection, the City Clerk brought to the attention of Council thai the bid of J, M, Turner and Company. Incorporated,, had been submitted to the City Manager rather than to her and that the bid was handed to her by the City Manager just prior to the beginning of the meeting. Mr, Dillard moved that the bid be received and opened along with the other bids. The motion was seconded by Mr, 6arland and unanimously adopted. The City Clerk then opened and read the following bids: Southwest Building Corporation $16,785,00 H ~ S. Construction Company 27,960,53 Miley N. Jackson Company 27,990.00 Robertson Construction Company, Inc. 36,000.00 J. M. Zurner ~ Company, Incorporated 39,400,00 Mr. Jones moved that the bids be referred to a committee to be appointed 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. Garland and unanimously adopted, Mayor Stoller appointed Messrs Junes E Jonas, Chairman ~alter L Young, John A. Carper and Arthur S. Owens as members of the committee. Later during the meeting, Mro H. Celdnell nutlero Attorney, representing the Southwest Building Corporation, appeared before Council and advised that he would like to state for.the record that there nas a typographical error in the bid of his client and the bid should have been $26,785 rather than $16,?B5. STREETS ARD ALLEYS: Council having previously set a public hearing for 2 pom** Monday, September 30, 1963, on the request of Mr. mod Mrs. Arnold Schlossber* that a 20-foot alley south of London Avenue, N. N., west of First Street, be vacated discontinued and closed, the matter was before the body. In this connection, the follomin9 report of the City Planning Commission, *August 22, 1963 Rembers of City Council City of Roanoke, Virginia In Its August,21, 1q63 meeting the City Planning Commission considered the above alley closing request. The City Planning Commission noted that presently the City of Roanoke is preparing a major highway plan and a downtown feasibility survey, all of which may have possible effects on the future Of the central business district. The City Planning Commission therefore feels that it would not be advisable to change any portion of the public street system The City Planning Commission recommends to City Council that the proposed relocation of a public alley described above be denied. Respectfully submitted, S/ Werner K. Sensbach for Harold [o Hill Chairman' Council havin9 appointed viewers to study the matter, it was brought to the attention of the body that the viewers have already submitted a report, advising that in their opinion no inconvenience will result from the closing of the said alley provided a new alley is opene~ as p~oposed by the petitioners. appeared before Council, advising that his clients have acquired properties on both sides of the alley in question and that they are willing to donate necessary land for the opening of a new alley 49 feet west of the existing alley for the sole purpose of tidying up their property since they have no immediate plans for develop- ment thereof, Mr. Hart stating he cannot understand the position of the City Planning Commission in view of the fact that there is nothing positive as to the effect the major highway plan and downtown feasibility survey will have on the future develop- district. 175 176 No one.appearing.in opposition to the proposed alley closing, Mr. Pollard moved that Council concur in the request of the petitioners nod that the following Ordinance be placed upon. its first reading: (a15407) AN ORDINANCE vacating, discontinuing and closing a portion of that certain alley located in the City of Roanoke, Virginia, in the block south of Loedon Avenue, N. N.o and west of First Street, N. R,, being 'L' shaped and extending south from Loudon Avenue 221.23 feet west of First Street, N. N., a distance of 100.16 feet, more or less, thence in a westerly direction 53 feet. ~H£REAS, Arnold Schiossber9 and Alice J. Schlossberg have heretofore their petition before Council in accordance with Sections IS-766 and 33-157 of the Code of Virginia of I~SO requesting Council to permanently vacate, discontinue and close that portion of the alley above referred to as shown on the S. R. Kefauver Map, recorded In the Clerk*s Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Hook 126. page 452; and RHEREAS. in accordance with the prayers of saidpetition, viewers Mere appointed by Council on the 15th day of July, 1963, to view the property and report in writing whether or not tn their opinion any, and, if any, what inconvenience would result from permanently vacating, discontinuing and closing said portion of said alley; and RREREAS, it appears from the duly verified report of three of said viewers filed with the City Clerk on the 25th day of July, 1963, that no inconvenience would result either to any individual or to the public from permanently vacating. discontinuin9 and closing said portion of said alley; and RHEREAS, it further appears that the petitioners agree to bear all expense of this proceeding; and RD£REAS, it further appearing from a communicationfiled with the Clerk of the Council on the 22nd day of August, 1963, that the City planning Commission recommends against grantin9 the prayer of the petition solely because a major highway plan and a downtown feasibility survey for the City of Roanoke is in the process of p~eparation; and RDEREAS. on the 30th day of September. 1963, a public hearing to consider the closing Of that portion of the alley was held before City Council and no objection was heard from any citizen to the request for closing; and RURREAS, the petitioners have agreed to convey to the City of Roanoke in fee simple a 20-foot strip extending from the alley just to the west of the portion requested to be closed north to Loudon Avenue providing a means of ingress and egress to those persons using the alley. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,Ii that the following portion of the alley lying in the block south of Loudon Avenue, N. W., and west of First Street, N. R., as shown on the S. H. £efauver Map, recorded in Deed Hook 126, page 452, of the records of the ClerkVs Office of the Hustings Court of the City of Roanoke, Virginia, and more particularly described as follows: BEGINNING at u point at the north end of on alley, at an iron pipe in the southerly line of Loudon Avenue, N. W,, which point of beginning is the northeasterly corner of Lot 10, us shown on the S. H, Kefnnver Map, and which point of beginning is also N. 74° 47o W, 241.23 feet iron the intersection of the south line of Loudon Avenue, N, W** with the westerly line of First Street, N, W.; thence along the easterly line of said Lot 10, S, Kefauver Map, and the nest line of said alley, S. 18o 26t #o 100,16 feet to u steel pin; thence with the southerly line of Lots 9 and 10 of said Subdivision and the north line of the alley, N, 74° 47t ~. 53 feet, more or less, to the common corner between Lots fl and 9 of said Subdivision; thence across the alley ~, Iffo 26' W, to the south line of said alley; thence with said south line of said alley, S. 740 470 E. 69,4 feet, more or less, to a steel pin; thence N. 24° OH* Eo 18017 feet to an iron pipe; thence with the easterly line of said alley as it runs in a northerly direction, N. 10° 26* £. gO.7 feet to a railroad spike in the south line of Loudon Avenue, N. [.; thence with the said south line Of Loodon Avenue, No M.. extended across the entrance of the alley, N. 74° 47* E. 20.03 feet to an iron pipe, the place of BEGINNING. be, and it hereby is, permanently vacated, discontinued and closed and that all right, title and interest of the City Of Roanohe and the public ~erein is hereby released insofar ns the Council is so empowered to do, reserving, however, unto the City of Roanoke an easement for any sewer lines or water mains that may now be located across said property, together with the right Of ingress and egress for the maintenance Of such lines and mains. BE IT FURTHER ORDAINED that the .Clerk of this Council do forthwith certify to the Clerk of the Hustings Court for the City of Roanohe, Virginia, a copy of this Ordinance for recordation in the deed books of his office and a like copy to the City Engineer so that he may show on all maps in his office the closing of said portion of said alley, ~he motion was seconded by Mr. Young and adopted by the following vote, Mr, Jones stating he feels Council should concur in the recommendation of the City Planning Commission. AVES: Messrso Dillard, Garland. Pollard, Young and Mayor Stolle~ ....... 5. NAYS: Mr. Jones ........................................................ 1. (Mr. Wheeler absent) ZONING: Council havin9 previously set a public hearing for 2 p.m., Monday, September 30, 1963, on the request of Mr. George Kissak, et al** that a 4.66~-acre tract of land bounded on the east'by the center line of Old Ilollins Road,' on the west by Mhite~lde Street, N. E., and on the north by Preston Avenue, N. Eo, Official Tax No. 3190316, be rezoned from General Residence District to Light Industrial District, the matter was before the body. In this ~onnection, Mr. James M. Young, Attorney, re~resenting the petitioners, appeared before Council and explaine~ that Diamond Plastics'Industries Division of Creative Packaging, Incorporated, desires to construct a railroad spur to its property at 4611Hollins Road, N. £., that to do so will require the use of a strip from the eastern portion of the land of the petitioners, that the owners have indicated they do not'~ish to have general residence property adjacent ~o a railroad spur, and that they will allow the construction of the spur on the eastern portion of their property only on the condition that the entire tract of land be rezoned for light industrial purposes. 177 178 The City Clerk broaght to the attention of Conocil the follouing commnaicntioa from the. City Planning Commission, recommending that the request be granted: 'August 22, 1963 The Honorable Uur'ray A. Stoller~ Ifayor, and Members of City Council City of Roanoke, Virginia Gentlemen: The City Planning Commission considered the above rezoning request. It mas learned from the attorney of the petitioners that Light Industrial use of an undetermined nature mas con- templated, Objections Here heard from several resJdentsof adjacent homes and a representative of a church located on hhiteside Avenue, After the study of pertinent maps of land use and traffic and havin9 made field inspections of the site, the City Planning Commission concluded that this property has been rendered more appropriate for light industrial use through the construction of Nhiteside Avenue on the west and a railroad spur on the east, Also, light industrial development would be contiguous Mith the development of the land immediately to the north, occupied by Diamond Plastics, The Planning Commission con- cluded that light industrial use proposed for this tract of land would not substantially alter the general character of the area. The Planning Commission, therefore, recommends to City Council that the above cited property be rezoned from General Residence to Light Industrial District. Respectfully submitted, S/ I/erner Ii. Sensbach for Harold W. Hill A deleuation of members of the Brentwood Baptist Church and residents of the area appeared before Council in opposition to the proposed rezoning on the grounds that the property in question is closer to their church and homes than property previously rezoned for lioht industrial purposes in the area, no definite proposal as to the type of industry to be erected on the tract of land if it is rezoned has been submitted, there is a danger of an increase in traffic, and the value of surrounding residential property might be decreased. The Reverend Jesse H. powell, Pastor of the Brentuood Baptist Churcht presented a petition signed by 103 members of his congreuation, opposin9 the propose r~zoning~ Amon9 those speaking in opposition to the proposed rezoning were Mr. J. Co Hall, Jr., I/rs. L. l/. Bomer,'l/rs. ~/. Oo Davis, Mrs. ~/. P. Painter and I/rs. C, C, Zimmerman, After a discussion of deferring the matter until it is ascertained ~hat type of industry will be erected on the tract of land in question, and I/r. E. Griffith Dodson, Jr.. Attorney, also representing the petitioners, explaiaiog that holding the matter in abeyance until the petitioners formulate definite plans for develop- ment of the land Mill seriously interfere uith the expansion plans of the Diamond Plastics Industries and assuring Council that the owners of the tract of land Mill not erect an objectionable type of industry on their property, and some of the members of Council objecting to being put in the position of rezoning the entire tract of land in order that the Oiamond Plastics Industries might construct a railroad spar to its property located north thereof, but Indicating a desire to cooperate mith the Diamond Plastics Industries in its expansion plans, Mayor Stoller, relinquished the Chair and moved that the follouin9 Ordinance be placed upon Its first reading: (s15408) AN ORDIRANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, lgSG, in,relation to Zoning. NHEREAS, application has been mede to the Council of the City of Roanoke to have that certain unimproved 4.bbS-acre tract of land located in the City of Roanoke, Virginia, and bounded on the east by the centerline of Old Hollins Road (now closed), on the west by Whiteslde Street, N. E., and on the north by Preston Avenue, and being all of Official Tax No, 3190316, 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 XV, Chapter 4, Section 43, of The Code of the City of Roanoke, 19S6, relating to Zoning, has been published in "The Roanoke World-News," a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearin9 as provided for in said notice was held on the 30th day of September, 1963, at 2 p.m., before the Council 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 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, relatin9 to Zoning, be amended and reenacted in th~ followin~ particular and no other, viz.: Property located on Whit,side Street, N. E., described as that certain unimproved 4.665-acre tract of land located in th~ City of Roanoke, Virginia, and bounded on the east by the centerline of Old Hollins Road (now closed), on the west by Whit,side Street, N. E., and on the north by Preston Avenue, and being all of Official Tax No. 3190316, designated on Sheet 319 of the Zoning Nap as Official Tax No. 3190316, 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 Nr. Jones and adopted by the following vote: AYES: Messrs. Jones, Pollard, Stoller and Young ........................4, NAYS: Rro Dillard and Vice Rayor Garland ...............................2. (Mr. Wheeler absent) .1.79 180 In view of the expressed opposition to the proposed rezoeingt Hr. Dillard moved that the City Attorney be requested to reader · formal opinion as to the oumbe of affirmative votes of Council required for final adoption of Ordinance No, 1S408, The motion was seconded by Mr. Jones and unanimously adopted. ZONING: Council having previously set · public hearing for 2 Monday, September 30, 1963, on the request of Mr. Rea S. Perdue, et al., that property .located on.the north side of Rrundon Avenue, S. M** west of Grace Street, described as Lots 11-14, inclusive. HI,ch 3, Stratford Court, Official Tax Nos. 1250411-1250414, inclusive, be rezoned from General Residence District to Special Residence District, the matter was before the body. In this connection, the following communication from the City Planning Commission, reiterating a previous recommendation that the request be denied, was before Council: 'August 22, 1963 The Honorable Murray A. St,lief, Mayor, and Members of City Council Roanoke. Virginia Gentlemen: In.its August 21o 1963 meeting the City Planning Commission considered again, by request of City Council, the above fez,ming request. The attorney for the petitioners presented a plan showing the possible layout of an apartment development on Lots 11. 13 and 14.. However. the Plan,lng Commission noted that zoning is general and notspecific. More explicitly, the City Planning Commission would be out of order if they were to recommend Special Residence District for one type of apartment, but not for another. The CStI Planning Commission points to its recommendation of July 17, 1963 in which the opinion was expressed that apartment type development would not be compatible with the single family home development evident in this general area. A copy of the recommendation of July 17, 1963 is enclosed. Respectfully submitted. S/ Merrier i. Sensbach Harold W. Hill Chairman# Mr. 70' L. Plunhett. Jr.. Attorney. representin9 the petitioners, appeared before C~uncil and outlined plans for the construction of several apartment units on the property if it is fez,ned. Mr. Plunkett presenting a petition signed by twenty property owners in the vicinity, advising that they have no objection to the rezoning Of the property in order that apartments might be erected thereon. Mr. Cordo~ Co Peyton appeared before Council and presented a petition signed by fifteen residents and property owners in the vicinity, objecting to the proposed fez,ming on the grounds that it will depreciate the value of their prop- erties. Mr. Peyton explaining that several of the residents of the area signed the petition in favor of the proposed fez.ming under the mistaken impression that duplex houses were to be constructed thereon rather than apartment units. Among those speaking in opposition to the proposed fez,ming were Mr. Parks. Mr. O. E. Hill. Mr. L. D. Richardson and Mr. Raymond R. McCoy. 181 Everyone present having been given an opportunity to be heerdo Mr. Dillard moved that the request for rezoning he denied, The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones and Pollard .....................4, NAYS: NFo Young and Mayor Stoller .....................................2. (Mr, Mheeler absent) ZONING: Council having previously set a public hearing for 2 p,m** Mondayt September 30, 1963, on the request of Mr. Posey M.. Luney, et al** that a 5.3-acre tract of land lonated on the east side of Rutgers Avenue. N, R., between UershbergerI Road and Edinburgh Drive, Official Tax No, 2270101. be rezoned from General Residence District to ~pecial Residence District, the matter was before the body. In this connection, Mr, J, Albert Ella*t, Attorney, representing the petitioners, appeared before Council and asked that the request for res*ming be mithdrawn, Mr. Dillard moved that Council concur in the request of the petitioners and that the request for fez*ming he withdrann, The motion was seconded by Mr, Jones and unanimously adopted. STADIUR: Miss Frances Kageals, Mr. E. R. Hughes and Mr. Elbert N. Trlnkle, Jr., representing the General Electric Sponsored Junior Achievement Company, appeared before Council, advising that the Company plans to market a vinyl blanket for sale at Victory Stadium football games this fall, that the concessionaire at the Stadium has agreed to the sale of the product at no charge Other than the of gross receipts he is required to pay the city for concession privileges, but the J~nior Achievement Company cannot realize a profit from its product if it is required to pay the 28~ concession fee, the representatives requesting that the 29~ concessionaire charge, or at least a portion of it, be waived in this particular instance. After a discussion of the matter, the City Manager and the City Attorney voicing the opinion that such oction would be establishing a bad precedent, and Mr. Dillard expressing the belief a principle is involved in that members of the JA should not be taught to ask for favoritism in the business sorld, Mr. Jones moved that the request be denied. The motion was seconded by Mr. Garland and unanimously adopted. FIRE DEPARTMENT: Council having previously received a request of the Roanoke Fire Fighters Associotion, Local 1132, that Roanoke City Firemen he given two additional days off per month, resulting in a 6R-hour work week, and having referred the matter Of granting city firemen one additional day off per month and employing twelve additional firemen to 1964 Budget Study, the 56-Hour Committee of the Roanoke Fire Department appeared before Council, with Mr. Arthur B. Crush, Jr., acting as spokesman, and presented petitions signed by 8,636 voters of the city, requesting Council to hold a referendum for the purpose of submitting to the voters the question of uhether the members of the Roanoke City Fire Department should 182 have a ?3-h~ur mark week or a 56-hour mark meek, the committee requesting that the referendum be held at the same tine of the general election on November 5, 1963, so as to save the cost of a special referendum, Mr, M, M, Mattoxo Chairman of t~e committee, informed Council that the firemen mill pay the cost of printing the necessary ballots, In a discussion of the matter by the members of Council, Mr, Dillard stated, he is in favor of the referendum and pointed out that the wording on the ballot should be in the positive, i,eo: Shall the firenan*s duty week be reduced from a ?3-hour meek to a S6-hour week? Mayor Stoller stated he is of the opinion the re.ferendum should be held, but that the voters should be asked whether ,or not they are willing to pay additional taxes to cover the cos~ of a reduced work week for city firemen. ' Mr. Crush objected to combining the question of a tax increase with the question of the reduced ~ork week, voicing the opinion that the additional revenue could be obtained through other taxes rather than increasing the tax rate, Mr. Garland voiced the Opinion that the question of the work week Of Roanoke City Firemen i$ a matter for Council to decide, that he is in favor of reducing the week of the city firemen to 68 hours in 196d with an additional Mr. Pollard stated h,e is willing to consider a reasonable reduction in the hours Of the firemen, but that he is opposed to a referendum. Mr. Yawn9 stated that although the referenduu will be an advisory referendum in his opinion there is no point in holding one if Council is not going to be bound by it, Mr. Jones raised the question as to whether or not the signatures on the petitions had been checked as to legality and mas assured by Mr. Crush that they had, The matter having been discussed at length, Mayor Stoller relinquished the Chair an~ moved that the City Attorney be instructed to prepare the proper measure to submit to the qualified voters of the City of Roanoke on November 5, 1963. the following questions: (1) Whether or not the Fire Department of the City of Roanoke shall work a 56-hour work week; and (2) Whether or not said voters will authorize the raisin9 of the necessary revenue to pay for the reduced work week. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Jones, Stoller and Young ........................4. NAYS: Mr. Pollard and Vice Mayor Garland ............................... (Mr, Wheeler absent) PURCHASE OF PROpERTY-RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Councill! havin9 referred to 1961 Budget Study the request Of the Northwest Civic League that a 3.121-acre tract of land adjacent to the Villa Heights Cqmmunity Center be acquired from Mr. E. Jackson Thomas for park purposes, with a view of submittipg the matter, alan9 with other requests for park and recreational facilities, to the freeholders in a bond issue referendum Ur Thomas appeared before Council and renewed his offer to sell the tract of land to the city for park purposes, Hr. Thomas stating be is willing to negotiate on the price so ns to be fair and equitable to both parties. On motion of Mr. Garland, seconded by Mr. Jones and unanimously adopted, the offer was referred to o committee composed of #essrs. Benton O. Dillard, Chairman, Walter L. Young and Roy R. Pollard, Sr.. for study, report and recom- mendation to Council. PETITIO,~ AND COMMUNICATIONS: CITIZENS* COMMITTEE: A communication from Mr. Stuart T. Saunders, tenderieg his resignation as Chairman and a member of The Citizens* Committee for Greater Roanoke in view of the fact that he will be moving from Roanoke October 1, 1963, to accept a new position with the Pennsylvania Railroad, was before Council. Mr. Jones moved that the resignation be accepted with regret and that the City Attorney be instructed to prepare the proper measure in recognition of the service rendered by Mr. Saunders as Chairman and a member of The Citizens* Committee for Greater Roanoke. The motion was seconded by Mr. Garland and unanimously adopted. ZONING: A communication from Mr. Richard To Edwards, Attorney, repre- senting Mr. Larry A. Dow, requesting that property located on the east side of South Jefferson Street, between Yellow Mountain Road and Twenty-second Street, described as Lots 1-9, inclusive, Block 67, Crystal Spring Land Company, Official Tax No. 4060601, be rezoned from General Residence District to Special Residence District. was before Council. On motion of Mr. Jones, seconded by Mr. Garland and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation. SEWERS AND STORM DRAINS: 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 28, 1954, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 4oS-acre tract Of land located south of Drandin Road Extension (State Secondary Route 686), approximately 300 feet west of Sugar Loaf Mountain Road (State Secondary Route 692), was before Council. On motion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted, the request was referred to a committee composed of Messrs. Walter L. Young, Chairman, Roy Lo Webber, Arthur S. Owens and Randolph G. Whittle for study, report and recommendation to Council. REPORTS OF OFFICERS: BUBGCT-BRIDGES-DEPARTRENT OF POBLIC WORKS: The City Ranager submitted a written report, advising that due to the construction of a walkway on the Buzzard Rock Ford Bridge which was not anticipated in the preparation of the 1963 budget funds in the Operating Supplies and Ratcrials account under Section =83, 'Rridge Repair,# of the 1963 budget, hare been depIeted, and recommended that }400 be transferred from. the Maintenance of Buildings and Property account to the above account to cover operations for the balance of the year° .188 184 Hr. Jones moved that Council concur in the recomBendution or the Clly Mannger and offered the following emergency Ordinance: (=15409) AN ORDINANCE to amend and reordain Section u03, ",ridge Repair,"t of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dook Ro. 26, page 367.) Mr. Jones waved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the foil,wing vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Young and Mayor Stoller .................................. NAYS: None ....................O. (Mr, Mheeler nbseot) POLICE DEPARTMENT: The City Manager submitted a written report, advising that Mr. B, Ho Oyler, a member of the Police Department, was injured in line of duty on August 1, 1963, that Resolution No. 4748 provides that employees of the Police Department and Fire Department who are absent from duty by reason of personal injuries received in line of duty be paid their regular salaries for a period not exceeding sixty days. unless otherwise authorized by Council, and that Mr. Oyler will be unable to perform his regular duties for a period of three to six more weeks from September 18. 1963, the City Manager recommending that Mr, Oyler be paid his regular salary for an additional period Of thirty days beginning October 1. 1963. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~15410) A RESOLUTION authorizing and directing that U. H. Oyler, a member of the Police Department who is unable to perform his regular duties by reason of personal injurl received in line of duty, be paid his regular salary for an additional period of thirty days beginning October 1, 1963. (For full text of Resolution, see Resolution Uook No, 26. page 367.) Mr. Garland moved the adoption of the Resolution. The motion ~s secondedi by Mr. Jones and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Young and Mayor Stoller .................................6. NAYS: None ..................... O. (Mr. Mheeler absent) AIRPORT-DEPARTMENT OF PUBLIC MORKS: The City Manager submitted a written report., advising that the 9209th Air Force Reserve Recovery Squadron at Roanoke Municipal (Woodrum) Airport has offered to lease to the City of Roanoke fifteen pieces of motorized equipment for part-time use at a nominal consideration, the City Manager recommending that the offer be accepted. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~15411) A RESOLUTION authorizing the City Manager to execute a lease previously signed and tendered by the United States of America, leasing unto the City certain motor equipment for part-time use for a nominal consideration. (For full text of Resolution, see Resolution Book No, 26, page 368,) Hr, Dillard moved the adoption of the Resolution. The motion mas seconded by Mr. Pollard and adopted by the f,Il,ming vote: AYES: Nessrs, Dillard, Garland, Jones, Pollard, Young and Rayor St,lief .................................. 6. NAYS: None ....................O. (~r, Wheeler absent) In this connection, Mr. Jones pointed out that the lease for the above equipment is dated August 20t 1963, that one of the pieces Of equipment is a bull dozer, that on September 3, 1963, Council authorized the purchnse of a hem tractor and scraper in the total amount of $39,fl94,40, in connection with the operation of sanitary land fill at East Gate, and moved that the matter be referred to the City Ranagee for an explanation as to the need for both pieces of equipment, The motion was seconded by Mr. Dillard and unanimously adopted. PARKS A~D PLAYGROUNDS-STATE HIGIIWAYS: The City Manager submitted a written report, transmittin9 a communication from ReD Glen T, Bean, Acting Superintendent, United States Department of the Interior, National Park Service, suggesting that consideration be given to relocating Yellom Mountain Road to improve the alignment of the road where it will cross under the Mill Mountain Spur at an estimated cost of $25,000o Off motion of Mr, Garland, seconded by Mr, Jones and unanimously adopted, the City Attorney was instructed to prepare the proper measure approving the relocation of the portion of Yellow Mountain Road in question. STATE HIGHNAYS-AUDXTORIUM-COLISEUM: Council having adopted a Resolution requesting the Department of Itighways of the Commonwealth of Virginia and the Bureau Of Public Roads of the United States to request alternate bids on that portion of Interstate Spur Route 581 in the vicinity of Nalker Avenue, N. E., one bid pro- riding for a pedestrain underpass under said route in the vicinity of said avenue and the other omitting such underpass, the City Manager submitted a written report, advising he has been informed by the State Highway Department that since the city will not know the Outcome of a referendum on the proposed auditorium-coliseum at the time the Highway Department advertises for bids on this section of Route 581 in December Of this year it cannot consider asking for alternate bids as requested by Council; however, the Highway Department has suggested there may be a possibility of including in its plans an O* x O* standard box culvert at the desired location if the city sill agree to pay the entire cost thereof which is estimated at $25.000 without steps or lighting conduits. After a discussion of the matter. Mr. Young pointing out that persons walking to the proposed auditorium-coliseum from the vicinity of Hotel Roanoke could use existing sidewalks on the west side. Mr. Dillard moved that Council decline to agree to bear the cost of the box culvert and that the City Wanager so notify the Virginia Department of Highways. The motion was seconded by gr. Garland and unanimously adopted. 185 ,186 JUVENILE DETENTION DOME: Council hsvie9 previously authorized the Virginia Department of MeJfsre and Institutions to uae the Roanoke Juvenile Detention Nome as a center for the study of children held in detention there, for s trial period, the City Homager subuitte~ · uritt~n report, advising that the Cblld'Welfzre Study Program st the Juvenile Detention Nome has been very satisfactory and recommending that the program be continued indefinitely uJth the understanding that at any time either the city or the state considers it to ~e u~satfsfactory Conncil cum terminate the program. Mr, Garland moved that Council concur in the recommendation of the City Manager and offered the following Res~lutioni (=15412) A RESOLWflON 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 indefinite period but with the understanding that at any time either the Council of the City of Roanoke or the Virginia Department of Welfare and Institutions, without assignJn9 any reasons therefor, may terminate the agreement. (For full text of Resolution. see Resolution Book No. 26, page 369.) Mr. Darlznd moved the adoption of the Resolution. The motion Has seconded by Mr. Dillard and adopted by the folloming vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, young and Mayor Smaller .................................... NAYS: None ......................O. (Mr. Wheeler absent) INDUSTRIES: Council having referred to the City Manager for study, report and recommendation an offer of Mr. C. W. Francis. Jr., Real Estate Agent. to rent a portion or all of the Office Duitding in the Roanoke Industrial Park to the City of Roanoke for four cents per square foot per month, the City Manager submitted a written report, advisln9 that he is of the opinion the affairs of the public should be as centrally located as possible and on the ground floor when feasible, that he does not believe the city should disperse its services this far awayl therefore, he cannot recommend acceptance of the offer. Mr. Dillard moved that Council concur in the report of the City Hanager and that the offer be rejected. The motion vas seconded by Mr, Garland and unanimously adopted. INDUSTRIES-WATER DEPARTNENT: The City Manager submitted a written report. recommending that the Industrial Development and Investment Company be authorized to assume the liabilities of the American Viscose Corporation under a lease dated July 12, lgSO, dealing with the flow of mater from the Muse and House Springs. After a discussion of the matter. Mr. Dillard moved that the question be referred back to the City Manager fur further report to Council. The notion was seconded by Mr. Young and unanimously adopted. AIRPORT: Council having previously referred to the Airport Committee for study, report and recommendation the matter of neu contracts between the City of 187 Roanoke and Eastern Airlines, Incorporated, and Piedmont Aviation, Incorporated, the City Manager submitted a mritten report, advising that the Airport Committee and the two airlines have reached an agreement as to a nam schedule of charges, and recommended that the city enter into hem contracts uith the airlines, effective August 1, 1963, at the nam rates recommended by the Airport Committee. After a discussion of the matter, Mr. Dillard moved that action on the question he deferred until the next regular meeting of Council and that the City Manager be directed to furnish the amount of anticipated revenue under the proposed nam contracts as compared mith the existing contracts. The motion Mas seconded by Ld Mr. Jones and unanimously adopted. pLANNING COMMISSIONS: The City Manager submitted a written report, advising that the annual budget of the Roanoke Valley Regional Planning Commission has been increased to provide for the employment Of a foil-time Professional Planneri as well as additional expenses, of which the proportionate share of the City of Roanoke is $8,299.50, and that $4,205.35 of the $17,410.69 appropriated by Council for a Regional Traffic Study and a Regional Major Arterial Study has been unexpended~ the City Manager advising that the Roanoke Valley Regional Planning Commission has suggested that this onexpended balance be applied to the city's proportionate share Of a total increase of $15,000.00 and that the remaining $4,094.84 be appropriated at this time. Mr. ~heeler, a member of the Roanoke Valley Regional Planning Commission, being absent, Mr. Pollard moved that the matter be deferred until the next regular meeting of Council. The motion was seconded by Mr. Dillard and unanimously adopted. REPORTS: The City Manager submitted a written report, transmitting a report of the Department of Public ~elfare for the month of July, 1963, and listing monthly departmental reports on file in his office. On motion of Mr. Dillard, seconded by Mr. Pollard and unanimously adopted, the report was filed. ZONING: The City Planning Commission submitted the following report with regard to the request of the Right Reverend Peter Rabil that the rear of his property located on the north side of Melrose Avenue, N. W., east of Country Club Drive,'OfficJal Tax No. 2660501, be rezoned from Ceneral Residence District to Business District: #September 17, 1963 The Honorable Murray A. Stoller, Ray,r, and Members of City Council City of Roanoke, Virginia Gentlemen: In its meeting ci September 4, 1963,the Citl Planning Commission considered the above request for fez,ming, The Planning Commission learned that a portion of this property fronting on Melrose Avenue is already zoned for business. The petitioner stated that his primary reason for seekin9 fez,nih9 of the remslnder of this tract is,to conform ulth the business zone on the west side of Country Club Drive as mell as the portion of his property on M, lrose Avenue. There are no definite plans for the re-use of the land. Mhen the petitioner mas told that his taxes mould increase uith the change in zoning0 he stated that he mlshed to withdraw his request for rezoning, The City Planning Commission recommends to City Council that the Rt. Rev. Rabll be allcued to withdrnm his request for rezonlng the above property, Respectfully submitted, S/ Werner K, Sensbach for Rot,Id W. Hill Chairman" In this connection, the City Clerk brought to the attention of Council a communication from the Reverend Rabil, requestin9 permission to mithdram his for Fez,Ding. Mr. Dillard moved that the request for Fez,ming be wlthdramn, The motion was seconded by Mr. Young and unanimously adopted, ZONING: Council havin9 referred to the City Planning Commission for study, report and recommendation the request of Miss Ruth P. Newman and Mrs. Helena A. Groover that property located on the northeast corner of Cove Road afld Fairland Road. N. W., described as Lots 1-6, inclusive. Block 10, Section 2, Fairland Map, Official Yax Nos. 2471001, 2471002 and 2471003, be Fez.ned from General Residence District to Special Residence District, the City Planning Commission submitted a written report, recommending that the request be 9ranted. In this connection, the City Clerk presented a communication from Mr. Jack B. Coulter, Attorney, representing the petitioners, asking that the request for fez.ming be withdrawn at this time. Mr. Dillard moved that Council concur in the request and that the petition for rezonlng be withdrawn. The motion was seconded by Hr. Garland and unanimously adopted, ZONING: Council having previously referred to the City Planning Commissior for study, report and recommendation a request of Br. Barry M. Thompson, et ux., that a 4.?25-acre tract of land located at 1330 Liberty Road, N. E., Official Tax No. 3250228, be fez,ned from General Residence District to Business District, the adjoining 20 feet of Lot 20, Block 12, Bowman Lawn, Official Tax Nos. 2060614- Mr Garland moved that · public heorio9 ca the mutter be held at 2 O0 p m October 28° 1963. The motion mos seconded by Hr. Dillard and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Commission for study, report and recommendation the request of Hertz Corporation abut a 14- foot alley running from #illJomson Road to Second Street, N. E** parallel to Gilmer Avenue and Molls Avenue, be vacated, discontinued and closed, the City Planning Commission submitted a uritten report, recommending that the request be Mr, Garland moved thus n public hearing on the matter be held at 2:00 p.a., October 20. 1963. The motion ~as seconded by Mr. Dillard and unanimously adopted. STREETS AND ALLEYS: Council havin9 re ferred to the City Planning Commission for study, report and recommendation the request of Mr. Fred P. Najjum. et al.. that n portion of a IS-foot alley lying between Block 6 and Bloch 17, Park Land and Improvement Company. north of Bullitt Avenue. S. E., and sent of Third Street, S. E.. he vacated, discontinued and closed, the City Planning Commission Mr. Garland moved that u public hearing on the matter be held at 2:00 October 28. 1963. The motion was seconded by Mr. Young and unanimously adopted. SIGNS: A communication from the City Plunnin0 Commission. recommending that a request of Leggett*s Department Store to extend its marquee over the addition tO its present building be granted, was before Council. Mr. Uarland moved that Council concur in the recommendation and that the matter be referred to the City Attorney for preparation of the proper measure. The REPORTS OF COMMITTEES: FUEL OIL: Council having referred to a committee composed of M~SSFS. i Roy R. Pollard, Sr., Chairman. Vincent S. Rheeler. Robert A. Garland, and Rumford B. · iThompson for tabulation and report bids previously received on furnishing fuel oil requirements of the City of Roanoke for the period from October 15. 1q63. to October 15. 1964. the committee submitted u srltten report, recommending that the low bid of Whiting Oil Company for No. I and No. 2 fuel oil and the los bid of the Van Nood Oil Corporation for No. 5 fuel oil be accepted. Mr. Pollard moved that Council concur in the recommendation of the committee and offered the follouing Resolution accepting the proposal of the Mhiting Oil Company: (315413) A RESOLUTION accepting the proposal of Whiting Oil Company for ~supplying the City*s Nos. I and 2 fuel oil requirements for the 1963-1964 ~ason; and i!rejecting all other bids. (For full text of Resolution, see Resolution Book No. 26. page 369.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the follosing vote: 189 190 AYES: Messrs. Dillard, Garland, Jones. Pollard, Young and Mayor St,liar ............................... NAYS: None .................O. (Rt. Mheeler sbseut) Mr. Dillard then offered the f,Il,aim9 Resolution accepting the pr,p,ssi of the Van Nood 011 Corporation: (~15414) A RESOLUTION accepting the proposal of Yen ¥ood Oil Corporation for supplying the City's No. S fuel oil requirements for the 1963-1964 season; end rejecting the other bids. (For full text of Resolution. see Resolution Book No. 26, p,ge 370.) Mr. Dillard moved the adoption of the Res,lotion, The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Young and Mayor St,lief ............................... NAYS: None .................O. (Mr. Mheeler absent) COAL: Council havin9 previously referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman. Yincent S. Mheeler, Robert A. Garland nnd Boer,rd B. Thompson for tabulation and report bids received for furnishing c,al to the city for the period from October 1, 1963, through September 30, 1964, the committee submitted n written report showing that Sovereign Pocahontas Company submitted the low bid in the amount of $6.50 per ton, F.O.D. Mine. for furnishing furnace coal, and the amount of $6.15 per ton, F.O.B. Mine, for furnishing stoker coal, the committee recommending that the low bid be accepted. Mr. Pollard moved that Council concur in the recommendation of the commit- tee and offered the following Resolution accepting the bid of Sovereign Pocahontas Company: (~15415) A RESOLUTION accepting the proposal of Sovereign Pocahontas Company for supplyin9 the City's coal requirements for the 1963-1964 season; and rejectin9 all other bids. (For full text of Resolution, see Resolution Rook No. 26. page 371.) Mr. Pollard moved that Council concur in the recommendation of the committee and offered the folloutng emergency Ordinance accepting the proposal of S. R. Draper Paving Company, Incorporated: (~1541&) AN ORDINANCE accepting the proposal of S. R. Draper Paving Company, Inc., for construction of taxi strip and aprons for quonset hangars at Roanoke Municipal (Noodrom) Airport; authorining the proper City officials to execute the requisite contract; rejecting all other bids; and providing for an (For full text of Ordinance, see Ordinance Rook No. 26, page 371.) Mr. Pollard moved the adoption Of the Ordinance. Yhe motion mas seconded by Mr, Young and adopted by the follouing vote: AYES: Messrs, Dillard, Garland, Jones. Pollard, Young and Mayor Stoller .................................. NAYS: None ....................O. (Mr. Rheeler absent) UNFINISHED BUSINESS: NONE. CONSIOERATION OF CLAINS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15404. rezoning property in the Commonwealth Street, N. E., Official Tax Nos. 3011439 and 3011439, from Ceneral Residence 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: (~15404) 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 365.) by Mr. Garland and adopted by the follouing vote: Stoller .................................. NAYS: None ....................O. (Mr. Wheeler absent) SERERS AND STORM DRAINS-AIRPORT-STATE HIGHRAYS: Council having directed R. C. Lemon adjoining the Roanoke Municipal (Noodrum) Airport, ~hich tract of land After a discnssioo of the matter, Mr. Pollard expressing disappointment that the city will bear the entire cost of furnishing the right of way for the Dillard commending Mr. Jones for his efforts in keeping the terminal in the Roanoke Valley, Mr. Jones offered the followin9 emergency Ordinance: 191 192 (~15417) AN ORDIHANCE authorizing the acquisition by the City of approximately three acres of land in the vicinity of Roanoke Municipal (Moodrum) Airport needed for highway purposes; contingently authorizing the dedication of a part thereof,'together with other real estate, to the Commonwealth of Virginia for highway porposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page $72.) Mr. Jones moved the ~ option of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AVES: Messrs. Dillard, Oerland, Jones, Pollard, Voung and Mayor Stoller ........................................ 6. NAYS: None ..........................O. (Mr. Nheeler absent) STATE CORPORATION COMMISSION: Council havin9 directed the City Attorney to prepare the proper measure informing the State Corporation Commission of the substantial increase in the assessed value o f non-publ ic service corporations in Roanoke during the recent quadrennial assessment of real estate and suggesting that this increase be taken into consideration by the State Corporation Commission when the next valuation of public service corporations is made, be presented same; whereupon, Mayor Stol ~ r relinquished the Chair and offered the following Resolution~ (~15416) A RESOLUTION informing the State Corporation Commission of the disparity between the assessed value of privately owned real estate and real estate owned by public service corporations in the City for the year 19&3 over that for the year 1962; and suggesting that such disparity be considered by the S~ate Corporation Commission when the next valuation of real estate located in the City and belonging to public service corporations is made. (For full text of Resolution. see Resolution Book No. 26. page 3?3.) Mr. Stoller 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, Youn§ and Mayor 5toiler ........................................ 6. NAYS: None ..........................O. (Mr. Wheeler absent) MOTIONS AND MISCELLANEOUS BUSINESS; QUALIFICATION OF OFFIC~ S: The City Clerk reported that Messrs. William S. Nubord and W. Courtney King, Jr., have qualified as Commissioners of the City of Roanoke Redevelopment and Housing Authority, Mr. Frank HaFner as a member of the Hoard of Appeal, Building Code, and Mr. Sidney P. Chockley as a member of the Roanoke Public Library Hoard. On motion of Hr. Pollard, seconded by Mr. Dillard and unanimously adopted,i: the report was filed. On motion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. APPROVED /City Clerk Mayor :! COUNCIL, REGULAR MEETING, Monday. October ?, 1963. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building, Donday, October 7, 1963, at ?:30 p.m., uitb Mayor Stoller presiding. PRESENT: Councilmen Denton O. Dillard. Robert A, Garland, James E. Jones Roy R. Pollard. Sr.. Vincent S. Wheeler and Mayor Murray A. Stoller ............... 6, ADSENT: Councilman Malter L. Young .....................................1. OFFICERS PRESENT: Mr. J. Robert Thomas, Acting City Manager and City Auditor, and Mr. James N. Eincanon, Assistant City Attorney. INVOCATIOn: ?he meeting was opened with a prayer by the Reverend M. D. Edwards, Pastor. Rlverdale flaptist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: FIRE DEPARTMENT: Pursuant to notice of advertisement for bids on the construction of the Garden City Fire ~tation, said proposals to be received by the City Clerk until 5:00 p.m., Monday, October ?, 1963, and to be opened at ?:30 p.m., before Council, Mayor Stoller asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied a~yone would like to ask. In this connection, Mr. Il. Cletus Oroyles, Director of Public Murks, appeared before Council and advised that the Electrical Inspector and the Architect for the fire station have recommended certain changes in the plans and specifications and that since the recommendations were made too late to send out an addendum cover- ing the changes it is to the best interest of the city to reject all bids received and readvertise for bids, Mr. Broyles recommendin9 that the new proposals be received at the next regular meeting of the body. After a discussion of the matter, Council bein9 of the opinion that the bids should be received at the regular meeting of the body on October 21, 1963, in order to give prospective bidders sufficient time to study the changes in the plans and specifications, Mr. Dillard offered the following Resolution: (~15419) A RESOLUIION rejecting all bids received for the construction of the proposed Garden City Fire Station; and providing for advertisement for new bids therefor. (For full text of Resolution, see Resolution Boor No. 26, Page 37?.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted bi the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, ~heeler and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Young absent) 194 PETITIONS AND COMMUNICATIONS: ' ZONING: A coamunicatioa from Mr. Aubrey G. Dudley. requesting that property located on the northeast corner of Orange Avenue and Eighteenth Street. N. N., described as Lot 9, Block 50, Melrose Land Company, Official Tax No. 2220808, be rezoned from General Residence District to Business District. was before Council. On motion of Mr, Jones, seconded by Mr. Mheeler and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. ZONING: A communication from Mr. Tom Stockton Fox, Attorney, represent- i~g Mr. G. G. Pralin, requesting that property located On the northeast corner of Colonial Avenue and Twenty-first Street, S. M., described as Lots I and 2, Olock 4, Colonial Heights, Official Tax Nos. 1271301 and 1271302, be rezoned from General Council. ii Brownlee Avenue and Spruce Street, S. E., and at the foot of the walk at Roundhill !: Elementary School on Oakland Boulevard, N. W. (m15420) A RESOLUTION authorizing the installation of street lights at various locutions in the Clty of Roanoke. (For full text of Resolution, see Resolution Book No. 26. page 370.) Mr. Garland saved the adoption of the Resolution. The motion mas seconded by Rt. Pollard and adopted by the folloulng vote: AYESt Ressrs. Dillard, Garland, Jones, Pollard, #heeler and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Young absent} AUDIYORIUR-COLISEUR: Council having previously authorized the City Manager to enter into an agreement mith the Federal Housing and Itome Finance Agency for an advance of $SO,O00 to the City of Roanoke for preliminary planning in connection with the proposed construction of an auditorium-coliseum in the Commonwealth Redevelopment Project area, the Acting City Ranager submitted a report Of the City Manager, advising that the agreement requires the filing of the preliminary plans mith the Housing and Ilome Finance Agency not later than October 19, 1963. In this connection, Council having authorized the employment of architects a~d engineers to prepare the plans and specifications for the proposed auditorium- coliseum and having also appointed a committee composed of Messrs. Robert A. Garland, Chairman, Murray A. Stoller. Walter L. Young and James E. Jones to work and advise with the architects and engineers in the preparation of such plans and specifica= tions, the committee submitted a written report, transmitting the preliminary plans. Mr. Garland offered the following Resolution approving the preliminary plans: (315421) A RESOLUTION approving, in general, certain planning documents prepared and submitted as the basis for detailed planning of the City's proposed construction of an auditorium and coliseum. (For full text of Resolution, see Resolution Book No. 26, page 378.) Mr. Garland 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, ~heeler and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Yuan9 absent) YRAFFIC: Council having referred to the City Manager for study, report and recommendation a request that a barricade or a turn-around be constructed at the end of Corbieshaw Road. S. N., so that the patrons of a swimming pool proposed to be constructed at the end of the street, in Roanoke County, cannot use said street as a means Of ingress and egress, the Acting City Manager submitted the follouing report of the City Manager: "Roanoke, Virginia October 7, lqb3 To the City Council Roanoke, Virginia :195 196 Gentlemen: At our regular meeting on Monday, September 9, you referred to me a petition signed by thirty-five residents of the 3000 and 3100 blochs of Corbiesham Road, S. R** in mhich they made a suggestion that the sou*bern end of Corbiesham Road be barricaded ia order to eliminate traffic that would be generated going bach nod forth to the pool. I have visited the site, cheched the records and In further- ance of a conference with the City Attoroeyo I se of the opinion that the City Council of the City of Roanoke has the right to bloch this street. I do not believe that the promoters con- structing the pool mould have any objection to the closing of the street; however, should the street be extended it would permit the construction of approximately 0 houses in the event the pool mas not developed. Ry recommendation obviously is twinfold. If the citizens want the street closed, the con- tractor sees no objection and Council has the right to do this, then it is apparent that the street could be closed. In my own Judgment, it is a bad precedent and I could not recommend Its accomplishment. Respectfully submitted. S/ Arthur S. Owens City Manager" In this connection, a large delegation of residents of Corbieshaw Road appeared before Council, with Rr. L. S. Leedy and er. R. C. Atklnson acting as spokesmen, and urged that a barricade be erected at the end of the street. Rt. Dillard moved that Council concur in the request of the citizens and that the City Attorney be instructed to prepare the proper measure authorizing the barricading Of the southern end of Corbieshaw Road to vehicular traffic. The motion was seconded by Mr. Garland and unanimously adopted. STATE HIGHMAYS: The City Planning Commission submitted the following report, recommending that Council advise the Virginia Department of Highways of the need for the construction of an underpass under the Interstate Spur $91 to permit ems*owes* connection of Rells Avenue: "October 3, 1969 The Honorable Murray A. Stoller, Mayor and Rembers of City Council City of Roanoke, Virginia Gentlemen: in its regular meeting on October 2, 1963 the City Planning Commission considered the necessity for retaining an under- pass for ~ells Avenue under the proposed Interstate 501. the past the engineering department has indicated repeatedly on several plans that Wells Avenue should be kept open. How- ever, the State Highway Department did not agree with these proposals on grounds that this need could not he demonstrated by traffic projections. These traffic projections are now available as part of the comprehensive arterial plan and on the basis of the land use plan. The need for a Mells Avenue underpass was stressed in a letter from the Director of City Planning (under date of August 21, 1963) to the consulting firm of Howard, Needless, Tammen ~ Bergendoff, in which he says: 'Since you indicated Wells Avenue as a major facility, it seems the highway plan should contain a proposal permitting Wells Avenue to pass under the $91 Spur and tie in with traffic improvements of Rhiteside Avenue and Seventh Street. At the present time, only Shenandoah Avenue, north of the railroad tracks, would allow east-west traffic connections under the Spur between major industrial areas, resulting in a rather cumbersome traffic arrangement at this point.' Subsequently, the highway consulting firm in a letter written on September 25. 1963 to Mr. K. M. Wilkinson, Assistant Traffic _m and Planning Engineer of the Virginia Department of Highways supports the need for Wells Avenue underpass mlth the following: *We hare already expressed our opinion {refer to our letter of September 12) that Wells Avenue mould provide a needed and valuable east-west local access crossing under Interstate Spur Route SOl. Previously we had sought to accommodate this local movement via Shenandoah Avenue. However, the use of Wells Avenue mould be much norm beneficial. The traffic figures show that only a 2-lane roadmay will be required, however, me feel that the bridge carrying Interstate Spur Route SOl over Wells Avenue should be designed to accommodate future widen- lag of Wells Avenue to 4 lanes. (The City thought n 4- lane roadway should be developed). We might point out that if the Wells Avenue connection were made then the bridge that is presently proposed to carry the Interstate Spur over Shenandoah Avenue and the Railroad could he shortened by the exclusion of Shenandoah Avenue. Another valuable contribution made by the use of Wells Avenue is that eastbound traffic on Ronte 460, east of the Orange Avenue - Wiillumson Road Interchange, could proceed via a left-turn into ?th Street and then Wells Avenue to the west side of the Interstate Spur and also to the GBO, thereby relieving the Orange Avenue-Williamson Road intersection. (This Mould also provide a convenient means for Holiday Inn traffic to go into the City)ot After studying plans for future arterial streets in the central city, the City Planning Commission concluded that there is a demonstrated need for on underpass under the 501 Interstate Spur to permit east-west connection of Wells Avenue. The City Planning Commission therefore recommends that City Council make every effort to support the need for the construction Of Wells Avenue underpass and by resolution make this opinion known to the Virginia State Highway Department. Respectfully submitted, S! Werner K. Sensbach Darold R. Chairman" In this connection, Mr. H. Cletus Broyles, Director Of Public Rorks, and Mr. J. D. Sink, Superintendent of Traffic Engineering and Communications, appeared before Council and presented a plan with regard to the proposal of the City Planning Commission. Mr. ~illard moved that action On the matter be deferred until the next regular meetin9 of Council and that the members of the body be furnished with copies of the report of the City Planning Commission and the plan. The motion was seconded by Mr. Wheeler and unanimously adopted. ZONING: The City Planning Commission submitted the following report, recommending that a Citiaen~* Advisory Committee be appointed in connection with the preparation of a new Zoning Ordinance: "October 3. 1963 The Honorable Rurray t. Stoller. mayor. and Rembers of City Council City of Roanoke. Virginia Gentlemen: I have been informed by the Director of City Planning that the work on the zoning ordinance for the City of Roanoke is pro- ceeding satisfactorily and according to schedule. We have now arrived at the point where much of the technical work is near- ing completion. At this time, it appears advisable that the scope of the work be broadened and that we call upon additional talents in the community. / '197 The City Planning Commission therefore recommends to City Council that t citizens' advlsovy committee rot the preparation of a zoning ordinance be established. Such a committee should have a minimum of fifteen members and be composed of knowledge- able people from all uslks of life. It is particularlyimpor- taut that members of the real estate profession, land developers, lawyers, businessmen, utility companies, architects, engineers, bombers, and ministers be represented on such au advisory board. Those men should not only be expevts in Ibeir own pvofessions but should have the willingness and ability to tine comes for public hearings and meetings with citizens' groups. The citizens' advisory committee should have available the technical assistance and advice of the City Manager, Director of City Planning, Director of Public Works, City Attorney, and the Duilding Official. The committee should convene for regular meetings to discuss the zoning ordinance and should be available for consultation and information through City Council and civic groups at all times. It is proposed that the citizens* advisory committee for zonia9 begin operation in January 1964 and proceed with its work through the adoption of the ordinance. If the City Planning Commission can offer any assistance in the [ormatiofl of this committee, we will be glad to do so. Very truly yours, SI Merner K. Seosbach for Harold W. Hill Chairman' Mr. Pollard 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 report of the City Planning Commission. The motion was seconded by Mr. Dillard and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Plannin9 Commission for study, report and recommendation a request of Mr. Andrew F. Belcher. et al., that an alley running through Block 1, Section 3, Kenwood Addition, between Baldwin Avenue and Dale (Dunkirk) Avenue, N. E., parallel with Conway Street and Bibb Street, be vacated, discontinued and closed, the City Planning Commission submitted a written report, recommending that the request be granted. Mr. Jones moved that a public hearing on the matter be held at 7:30 p.m., November 4, 1963. The motion was seconded by Mr. Wheeler and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. Larry A. Dow that property located' au the east side of South Jefferson Street, between Yellow Mountain Road and Twenty-second Street, described as Lots 1-9, inclusive, Block 67, Crystal Spring Land Company, Official Tax No. 4060601, be rezoned from General Residence District to Special Residence 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 ?:30 p.m., November 4, 1963. The motion was seconded by Mr. Garland and unanimously adopted. REPORTS OF CO##ITTEES: PURCHASE OF PROPERT¥oRECREATIO~ DEPART#ENT-PARKS AND PLAYGROUNDS: Council having referred the offer of Hr. E. Jachson Thomas to sell to the City of Roanoke a 3.12-acre tract of land adjacent to the Villa Heights Community center for park purposes to a committee for study, report end recommendation, the committee submlttedl the following report: "Roanoke. Virginia. October 2. 1963 Rosnoke City Council, Roanoke, Virginia. Your committee in compliance with a motion of Council dated September 30th, 1963, appointed to confer and oegotiate with E. Jackson Thomas, porsoant to his letter directed to Council dated September 26th, 1963, offering to negotiate to sell to the City of Roanoke his vacant property adJacent to the Villa Heights Community Center containing 3~ acres, reports as follows: Your committee had a meeting on the property Jn question with Mr. E. Jackson Thomas and Mr. O. B. Ilarden and after con- siderable discussion Mr. Thomas agreed to sell the land at a negotiated price Of $9,000.00. provided the sale is consummated on or before November 1, 1963, and in the event Of sale, he agreed to remove an old barn, a small white out building and the fences situated within the area of said property On or before November 1. 1963. RECOmmeNDATIONS 1. That the said property be purchased by the City on the terms as stated arid that it be used as a part of the Villa Heights Community Center. 2. That the City Manager furnish the City Attorney with a metes and bounds description of the said property for the purpose of a title examination. 3. That the City Attorney prepare an Ordinance for the purchase of the said property and prepare the deed for conveying same to the City. 4. That at the proper time the sum Of $9,000.00 be appropriated to pay the purchase price. S! W~iter Lt Ycunq Walter L. Young S! RQy R. Poll3rd. Sr. Roy R. Pollard S! B~nton O. Dillard Benton O. Dillard. Chairman" Mr. Dillard moved that Council co,cur in the recommendations of the committee and that the City Attorney be directed to prepare the proper measure providing for the purchase of the tract of land. The motion was seconded by Mr. Wheeler and unanimously adopted. BRIDGES: Council having referred bids On the construction Of a reinforced concrete slab to replace the present timber deck on the Thirteenth Street Bridge over the tracks Of the Norfolk and Western Railway Company to a committee composed of Messrs. James E. Jones, Chairman, Walter L. Young, John A. Carper and Arthur S. Omens for tabulation and report, the committee submitted a written report, advising that the Southwest Building Corporation is the low bidder in the amount of and recommending that the proposal of the Southmost Building Corporation be accepted. 199 200 Hr. Jones loved that Council concur in the recommendation of the committe amd that the matter be referred to the City Attorney for preparation of the proper measure. The motion mas seconded by Mr. Dillard and unanimously adopted. UNFINISHED BUSINESS: INDUSTRIES-WATER DEPARTMENT: Council having referred a recommendation of the City manager that the Industrial Ueveiopment and Investment Company be authorized to assume the liabilities of the American Viscose Corporation under a lease dated July 12, 19S0, dealing with the flow of water from the Ruse and House Springs. bach to the City Yanager for further study and report, the matter mas again before the body. In this connection0 Rr. Raymond E. Plilom. Manager of the Water Deport- ment, appeared before Council and voiced the opinion that the city has no need for ti:is water supply. After a discussion of the matter, Ressrs. Dillard and pollard protesting against furnishing water to the Industrial Development and Investment Company free of charge and voicin9 the opinion that the city may hare future need for this water supply, and the Assistant City Attorney pointing out that Council has a right to terminate the lease. Mr. Jones moved that Council concur Iff the recommenda- tion of the City Manager and that the matter be referred to the City Attorney and Piedmont Aviationelncorporatedo and the other beau*em the City and Eastern Air ILiaes, Incorporated. leis*lng unto said airlines certnin rights and privileges desired by them, respectively, at Rosnohe Hunicipal (Woodrum) Airport, for a period of three yesrs, at the follouing charges, viz.: La.~i.~ fee Effective August 1. 1963. through January. 1965. the rates of ten cents, nine cents and seven cents per l.O00 pounds of aircraft ueight landed shall be applied as follous: First 6,S00,000 pounds - ten cents per i.000 ponnds landed per month; Second 6.S00.000 pounds - nine cents per 1.000 pounds landed per month; Ail weight above 13.000,000 pounds landed per month - seven cents per 1.000 pounds; For the remainder of the three-year term. February. 1965. through July. 1966. the rate of seven cents shall increase to eight cents per 1.000 pounds for all weight above 13,000.000 pounds landed monthly; T~rminaI soace rental First floor ticket counter area - $5.00 per square foot per annum: First floor office and cargo space - $3.00 per square foot per annum; Basement storage space - $1.00 per square foot per annum; Fun] tank farm area Approximately 30 feet by 30 feet - $30.00 per month; Public address system $120.00 per unit per year; and embodying such other terms and conditions, in the aforesaid leases, as the City Ranager and the Manager of said Airport deem proper and protective of the City's interests. 2. That, upon the preparation of said leases and their approval as to form by the City Attorney, they be tendered to the respective commercial airlines for execution and, after proper execution by the airlines, the City Manager and the City Clerk be, and each is hereby, respectively, authorized to execute and attest the same, for and on behalf of the City. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Mheeler and Mayor Stoller ................................. 6. NAYS: None ...................O. (Mr. Young absent) pLANNING COMMISSIONS: Council having deferred action on a recommendation of the City ~anager that the City of Roanoke approve the securing of a full-time professional Planner for the Roanoke Valley Regional Planning Commission and that $8,299.$0 be appropriated as its proportionate share of a total increase of $15,000.00 in the annual budget of the Regional Planning Commission, in order that Mr. Mheeler, a member of the Regional Planning Commission, might be present for a discussion of the question, the matter was again before the body. 201 '202 After a discussion of the matter, the City Auditor raising the question as to nhether or not the increase in thebudget mill be a flat sun of $15,0OO..Mr. Rheeler moved that the City Attorney be directed to prepare the proper measure committing the City of Roanoke to Its proportionate share of whatever Increase in the annual budget of the Roanoke Valley Regional planning Commission is approved. The motion was seconded by Hr. Garland and unanimously adopted. CONSIDERATION 'OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 15407, vacating, discontinuing and closing a 20-foot alley south of Loudoa Avenue, N.M., west of First Street, having previously been before Council for its first reading, read and laid over, nas again before the body, Mr. Mheeler offering the following Ordinance for its second reading and final adoption: (~15407) AN ORDINANCE vacating, discontinuing and closing a portion of that certain alley located in the City of Roanoke, Virginia, in the block south of London Avenue, N. M., and west of First Street, N.N., bein9 #L# shaped and extending south from London Avenue 221,23 feet nest of First Street, N.W., a distance of 100.16 feet, more or less, thence in a westerly direction 53 feet, (For full text of Ordinance, see Ordinance Boob No. 26. page 374.) Mr. Mheeler moved the moved the adoption of the Ordinance. The motion nas seconded by Mr. Pollard and adopted by the following vote, Rt. Jones stating he is changing his vote because the major highway plan does not indicate that the closing Of this alley sill have any adverse effect off the future development of properties and public streets in the area: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller .................................. 6. NAYS: None ...................Oo (Mr. Young absent) ZONING: Ordinance No. 15408, rezoning a 4.66S-acre tract of land bounded on the east by the center line of Old Hollin$ Road, on the west by Rhiteside Street, N. E., and on the north by Preston Avenue, N.E., Official Tax No. 31q0316, from General Residence District to Light Industrial District, having previously been before Council for its first reading, read and laid over, sas again before the body. In this connection, the City Attorney having been requested to render a formal opinion as to the number of affirmative votes of Council required for final adoption of the Ordinance iu view of expressed opposition to the proposed rezoniflg, the Assistant City Attorney submitted the following report: "October 4, 1963 The Honorable Mayor and Members of Council City of Roanoke Roanoke, Virginia 203 At your meeting held on September 30 and in connection mith pending Ordinance Wo. IS408 involving the proposed rezon- lng of a 4.665 acre tract of laud east of Wbiteside Street, ~. hagan as official tax no. 31q0316, this office mas requested to render our opinion as to the number of affirmative votes of Council required for passage of the ordinance on its second reading, In the light of the written opposition of certain other property owners already filed ultb the Council. On a map of the area in question sapplied at our request by the Engineering department and which accompanies the original copy of this letter, we have shaded in green crayon the 4.665 acre tract referred to in the pending ordinance. Ne have spotted in red crayon the location of most, if not all, of those persons who have registered objection to the proposed rezoning but time has not permitted any check bein9 made on the actual ownership of any of the properties of the objectors, it being presumed for this purpose that each objector owns the property on which he or she lives. ~e have. further, shaded in brown crayon, a 3.007 acre tract or parcel of land lying on the mesterly side of ~hiteside Street directly opposite the 4.665 stand does not oppose the present proposed rezonin9 of the 4.665 Pursuant to subsection (5), Section 62 of the City Charter, the zone classification of land in the City may be changed from time to time by the Council by ordinance provided, homever, in shall not become effective except by the favorable vote of five- Written opposition to the proposed change being as it is, the intent of thc quoted charter provision must be applied if possible this City handed down on January 13, 1959, in a suit which involved written objection to the proposal before the Council. In deciding (5), Section 62 of the City Charter held that, since the rear of in so doing, to require the affirmative vote of five-sevenths of all of the members of Council. He further ruled that it could and separated from it by a strip of land, (similar to the 3.907 Accordingly, and applying the principles laid down by the Court in the 1959 case above mentioned, the undersigned is of 204 uho have filed written objection to the proposal ann before Council can he said to be either omners of land 'iBeediately adjacent In the rear thereof' or of land 'directly opposite thereto'. Consequently, and as the Butter now pends before the Council, the land in question Bay be resorted by passage of the pending ordinance on its second reading by the affirma- tive vote or a majority of the Council mesbera voting on the question. Respectfully, $! J. N. ~incanon J. N. [incanon Assistant City Attorney* Mr. Randolph F. Jones, 391g Whiteside Street, N.E., appeared before Council, advising that bis home is adjacent to the tract of land proposed to be resorted and although he does not like the Idea of living next door to an industry he is not objecting to the proposed resorting since it has been indicated no objectionable type of industry will be erected on the property in question. Mr. Floyd W. Andreus, representing the Brentwood Baptist Church, stated thnt his church is mainly concerned us to the type of industry which will be ,erected on the tract of land and is opposed to any type of industry which ~ould Mrs. C. C. Zimmerman stated that she feels the homes in the area should be protected against industry. After a further discussion of the matter, Mr. Junes offered the follo~ing~ Ordinance for its second reading and final adoption: (~1540~) AN ORDINANCE to amend and reenact Title X¥. 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. 26, page Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote, Mr. Garland stating he is changing his vote because he feels Council has to consider industry and encourage it: AYES: Messrs. Garland. Jones, Pollard, Wheeler and Mayor Stoller .....5. NAYS: Mr. Dillard ....................................................I. (Mr. Young absent) FIRE DEPARTMENT: Council having directed the City Attorney to prepare the proper measure calling for an advisory referendum on November 5, 1963, on the question of ~hether the work week of the members of the Roanoke City Fire Department shall be reduced from T3 hours to 56 hours and whether the voters of the City of Roanoke will authorize the raising of necessary revenue to put the reduced work week into effect, he presented draft of an emergency Ordinance. In this connection, Mayor Stoller advised that Mr. Arthur B. Crush, Jr.. Attorney. representing the members of the Roanoke Fire Department, has been injured in a motorcycle accident and has requested that action on the matter be deferred until the next regular meeting of Council in order that he might be present Mr. Dillard moved that action on the matter be deferred until the next regular meeting of Council. Mayor Stoller relinquished the Chair and seconded the motion which ~as unanimously adopted. Hr. Dillard then moved that the City Attorney be requested to render a writtem oplnioa~us to whether or not ua Ordinance is required to provide for the advisory referendum or if a Resolution mill suffice. Ruyor Stoller relinquished the Chair to second the motion which was unanimously adopted. AC~S OF ACKNOMLEDGEMENT-CIYXZENS° COMMITTEE: Council having directed the City Attorney to prepare the proper measure accepting the resignation of Mr. Stuart T. Sounders as Chairman and o member of The Citizens' Committee for Greater Roanoke und recognizing the service rendered by Mr. Sounders in this capacity, the City Attorney presented same; whereupon. Mr. Garland offered the following Resolution: (m15423) A RESOLUTIO~ accepting the resignation of Stuart T. Saunders from membership on "The Citizens' Committee for Greater Roanoke# and expressing to him the appreciation of this Council and of the citizens of Roanoke for his capable services to the Council and to the City as a member and chairman of said Committee. (For full text of Resolution, see Resolution Book No. 25, page by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Youn9 absent) PARKS AND pLAYGROUNDS-STAYE HIGBRAYS: Council having directed the City Attorney to prepare the proper measure approving the relocation of Yellow Mountain Road to improve the alignment of the road where it will cross under the Rill Mountain Spur at an estimated cost of $25,000, he presented same; whereupon, Mr. Jones offered the following Resolution: (~15424) A RESOLUTION approving, in general, a proposed realignment of a portion of Yellow Mountain Road, S. E., in the City. at an estimated cost of $25,000. (For full text of Resolution, see Resolution Book No. 26. page 3BO.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................. 6. NAYS: None ...................O. (Mr. Young absent) SIGNS-MAROUEES: Council having directed the City Attorney to prepare the, proper measure granting permission to Leggett's Department Store to extend its marquee over the addition to its present building, he presented same; whereupon, Mr. Jones offered the following Resolution: (m15425) A RE$OLUTIO~ authorizing and directing the Building Commissioner, pursuant to the provisions of Section 12. Chapter 7. Title XV, of The Code of the City of Roanoke, 1956, to issue a permit to Leggett*s Department Store, Incorporated, 2O5 206 or its authorized contractor, to extend the narquee co certain buildings located at Nos. 110o 112 and 114 on the south side of Campbell Avenue, nest of 1st Street, S. !i,nfo the building to the east, ko,un as No. 100 Campbell Avenue, S. W. (For full text of Resolution. see Resolution Book No. 26, page 3BI.) Mr. Jones moved the adoption of the Resolution. ~be motion was seconded !by Mr. Wheeler and adopted by the following vote: ~YES: Messrs. Garland. J,,es, Pollard. Wheeler and Mayor St,lief ....... NAYS: Mr. Dillard ...................................................... (Mr. Young absent) MOTIONS AND MISCELLANEOUS DUSINESS: NONE, On motion of Mr. Dillard, seconded by Mr. Mheeler and unanimously adopted, the meeting was adjourned. APPROV£D ATTEST: City Clerk Mayor COUNCIl.. REGULAR MEETING. Monday. October 14. 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. October 14. 1963. at 2 p,m** the regular meeting hour. with Mayor Stoller presiding. PR£SENT: Councilmen Benton Oo Dillard. Robert A. Garland. James E. Jones. Roy Ro Pollard. 5r.. Vincent S. Nheeler. Nolter L. Young and Mayor Murray A. Stoller .................................. 7. ABS£NT: None ..................0,, OFFICERS PRESENT: Mr. J. Robert Thomas. Acting City Manager and City Auditor. and Mr. Randolph 6. MbS,tie. City Attorney. INVOCATION: The meeting was opened with a prayer by the Reverend Charles J. Mhitacre. Pastor. Cloverdale Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on Monday. September 30. 1963. having been furnished each member of Council. on motion of Mr. Pollard. seconded by Mr. Garland and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. Copy of the minutes of the regular meeting held on Monday. October 1963. having also been furnished each member of Council, on motion of Mr° Garland, seconded by Mr. Pollard and unanimously adopted, the reading thereof sas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: SIREET LIGBIS: A communication from the Appalachian Power Company, trans- mitting a list of street lights which sere installed during the month of September, 1963, was before Council, On motion of Mr. Pollard. seconded by Mr. Garland and unanimously adopted. the communication was filed. STREETS AND ALLEYS: A petition from Mr. Whit~ell N. Coxe. Attorney. representing Mr. J. T. Eanes and Miss Helen McClanahan, requesting that Highland Avenue, $. E., be vacated, discontinued and closed for a distance of 162 1/2 feet east from First Street, and that the southern T5 feet of a 15-foot alley 155 feet ii east of First Street. S. E.. extending from Mountain Avenue to Highland Avenue. also be vacated, discontinued and closed, sas before Council. Mr. Jones offered the following Resolution providing for the appointment of viesers: (;15426) A RESOLUTION providing for the appointment of five freeholders. any three Of whom may act. as viewers in connection ~ith the application of [ fanes and Miss Helen BcClanahan to permanently vacate, discontinue and close: (a) Highland Avenue, S, E., for a distance of 162-1/2 feet east from the east line of First Street (Orchard Bill), So E., in said city. and 207 208 (b) The southern TSfeet of i 15-foot wide alley (155 feet most of said First Street amd parnllel therewith) ex~endlng from Mountain Avenue. S, E,, to Highland Avenue. So E, (Par tull text of Besolntion, see ResolutiOn Book No, 26, page 383,) Hr, Jones moved the adoption of the Resolution, The motion was seconded by Br. Young'and adopted by the following'rote: AYES: Hessrs. Dillard. Garland, Jones, Pollard, Bheeler, Young and Mayor Stoller--~ ......................... 7. NAYS: None .................... O. !' Hr. Jones then moved that the request be referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded by Mr. Dillard and unanimously adopted, STREETS AND ALLEYS: A petition from Rt. Ben R. Richardson, Attorneyt representing Quentin R. Jones and Rargaret W. Jones, requesting that an alley east of South Jefferson Street and north Of Third Street, $. E.t between the southern SO feet of Lot I and Lot 14. Block 1, Pleasant Valley Land Company, be vacated, discontinued and closed, was before Council. Mr. Youn9 offered the following Resolution providing for the appointment (uiS427) A RESOLUTION providing for the appointment of five freeholders0 any three of whom may act, as viewers in connection with the petition of Quentin R. Jones and Rargaret W. Jones to permanently vacate, discontinue and close a certain alley located between South Jefferson Street and Third Street, S. E.. in the City of Roanoke, Virginia. (For full text of Resolution, see Resolution Book No. 26, page 384.) Mr. Young moved the adoption of the Resolution. The motion was seconded b~ Mr. Jones and adopted by the follosJng vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ ?. NAYS: None .................... O. Mr. Jones then moved that the request be referred to tbe City Plannin9 Commission for study, report and recommendation to Council. The motion was seconded' by Mr. Wheeler and unanimously adopted. POLICE DEPARTMENT: Copy of a communication from Mr. Arthur Y. Ellett, President, Roanoke Valley Safety Council, advising that after making an inventory of traffic safety activities the International Association of Chiefs of Police has recommended a minimum of 155 police officers for a city the size of Roanoke and urging that consideration be given to increasing the Police Department personnel with the thought of enlarging the department to more nearly meet the recommended minimum, was before Council. On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the matter was referred tO 1964 Budget Study. 209 m BUDGET-SCHOOLS: Copy of a communication from Mrs. M. S. Corr iher. President. Monroe Parent-Teacher Association. addressed to the Chairman of the Roanoke City School Board. supporting an increase in salary for the teachers in the city school system, was before Council, On motion of Mr, Rbee]er. aeconded by Rro Pollard and unanimously adopted the communication was filed. STATE CORPORATION COMMISSION-ASSESSMENT OF PROPERTY: Council having adopted a Resolution informing the State Corporation Commission of the disparity between the assessed value of privately omned real estate and real estate o~ned by public service corporationa in the City of Roanoke for the year 1963 over that for the year 1962. and suggesting that such disparity he considered by the Commission mhen the next valuation of real estate located in the city and belonging to public service corporations is made, a communication from Public Utilities Taxation, State Corporation Commission, advising that the Comnissioi~ has made arrangements with the Commissioner of the Revenue of the City of Roanoke to initiate a study as requested, was before the body. On motion of Mr. Pollard, seconded by Mr. Garland and unanimously adopted,i the communication was filed. REPORTS OF OFFICERS: BUOCET-BA1L COMMISSIONER: The Acting City Manager submitted a written report of tho City ManaRer, recommending that $800 be appropriated to Fees for Professional and Special Services under Section =2B, "Bail Commissioner," of the 1963 budget. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15428) AN ORDINANCE to amend and reordain Section #20, "Bail Commis- sioner," of the 1963 Appropriation'Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 385.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the follomin9 vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .......................................... NAYS: Mr. Dillard .....................1. BUDGET-DEPARTMENT OF PUBLIC WORKS: The Acting City Manager submitted a written report of the City Manager, recommending that $500 be transferred from Supplies and Materials under Section =140, "Street Construction," to Operating Supplies and Materials under Section =81, "Street Repair," of the 1963 budget. Mr. Mheeler moved that Council concur in the recommendation of the City 2]..0 (For fall text of Ordinance, see Ordinance Book No, 26, page 305,} Mr, Mheeler moved the adoption of the Ordinance, The motion mas seconded by Mr, Pollard and adopted by the follomlng vote: AYES: Bessrs. Dillard, Oarlnnde Jones, Pollard, ~heeler, Young and Mayor Stollev ............................ NAYS: ~ofle .................... O, BUDGET-CITY AUDITOR: The Acting City Manager submitted a written report of the City Yanager, advising that it mill be necessary to purchase metal filing equipment prior to January 1, 1964, in connection ufth the installation of accounting equipment In the office of the City Auditor, and recommending that $325 be appropriated to Office Furniture and Equipment - New under Section ~10, ~Auditor, of the 1963 budget, for this purpose. Mr. Dillard moved that Council concur ia the recommendation of the City Manager and offered the following emergency Ordinance: (=15430) AN ORDINANCE to amend and reordain Section =10. WAuditor," of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinacce Book No, 26, page 386,) Mr. Dillard moved the adoption of the Ordinance. The motion Has seconded by Mr. Pollard and adopted by the following vote; AYES: Messrs. Dillard, Garland, Jones, pollard, Wheeler, Young and Mayor Stoller ............................. NAYS: None .....................O. PENSIONS-POLICE DEPARTMENT-FIRE DEPARTMENT: The Acting City Manager submitted a written report of the City Manager, advising that members of the Police Department and Fire Department have indicated an interest in transferring from the Police and Fire Pension System to the Employees* Retirement System of the City of Roanoke and recommending that a study be made toward the possibility of allowing credit for the amount of money paid into the old system to those members of the Police Department and Fire Department desiring to transfer to the new system. After a discussion of the matter, the City Auditor pointing out that a number of employees of these two departments have already transferred from the old system to the new system without receiving credit for money paid into the old system, Mr, Garland moved that the report of the City Manager be filed. The motion was seconded by Mr. Dillard and unanimously adopted. AIRPORT: The Acting City Manager submitted a ~ritten report of the City Manager, transmitting an offer from Mr. English Showalter, Attorney, representing the owners of three tracts of land formerly owned by Roanoke Orchard Company, Incorporated needed for the extension of Runway 15 33 at Roanoke Municipal (~oodrum Airport. Mr. Shomolter agreeing to sell the three tracts of land and to release two access road easements for the total sum of $134,420, the City Manager recommending that the offer be accepted, The City Attorney having prepared un Ordinance providing for the acqui- sition of the three tracts of land and the two easements, Mr. Dillard moved that action on the matter be deferred until the next regular meeting of Council in order that the members of the body may study same, The motion mas seconded by Mr. Garland and unanimously adopted. RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: The Acting City Manager submitted a report of the City Manager, advising that there is a possibility the United States Rut.au of Outdoor Recreation may declare surplus a ?.83-acre tract of land surrounding a FAA Radio Range at Andrews Road and Nineteenth Street Extension, N. M., said tract of land being designated as Official Tax No. 2340103, and recom- mending that he be directed to take appropriate steps to secure this surplus land for park purposes. Mr. 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. Wheeler and unanimously adopted. PARKS AND PLAYGROUNDS-STREETS AND ALLEYS: The Acting City Manager submitted a written report of the City Manager, recommendin9 that he be authorized and directed to file an application with the federal 9overnment for a grant of funds to be used in the acquisition of open space land in connection with the proposed extension of ~iley Drive westward along Roanoke River from Wasena Park to the corporate limits of the Town of Salem, under the Federal Open Land Act. 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. Nheeler and unanimously adopted. HEALTH DEPARTMENT-ALCOHOLIC BEVERAGES-STADIUM: The City Manager having previously recommended that the lease for space occupied in the Health Center by the Alcoholic Studies and Rehabilitation Division of the State Health Department be terminated in order to supply extra space for the Health Department, and Council having referred the question of converting the area under,the stands at Victory Stadium into office space for use of the Planning Department to the City Manager for study and report, said studl also to include the furnishing of space for the Roanoke Valley Regional Planning Commission at a reasonable rental fee and other municipal departments, the Acting City Manager submitted a written report of the City Manager, advising that the elements of time, cost and location require more study, and since , the need for space by the Health Department is vrgent he is bringing the matter back! to Council for reconsideration, the City Manager again recommending that the lease be terminated. 211 2i2 In this connection, Dr. Roger C, Grady, Commissioner of Heal.th, appeared before Council and again outlined the necessity for oddftfonal space for thc uem z-ray machine recently purchased by the city, as mall as the Retorded Children's Clinic, Dr. Grady recommesdJng that the lease of the Alcoholic Rehabilitation Division be terminated Horemher 30, 1963. After a discussion of the matter, Mr. Dillard moved that Council concur ln~ the recommendation of the City Manager and offered the following emergency Ordinancei terminating the lease of the Alcoholic Rehabilitation Division as of November 30, 1963: (u1§431) AN ORDINANCE notifying the Alcoholic Rehabilitation Division of the Health Department of the State of Virginia of the termination of its lease of a portion of the City's Health Department building, effective as of November 30, 1963. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page Rr. Dillard moved the adoption of the Ordinance. The motion was seconded by Rr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Wheeler. Young and Mayor St,lieF ............................ ?. NAYS: None ....................O. With further reference to the question of locating additional space for monicipal departments, Mr. Dillard moved that the City Manager be directed to make a study of the Norwich School. The notion mas seconded by Mr. Oarland and unani- mously adopted. REPORTS: The Acting City Manager submitted a written report of the City Manager, transmitting a report of the Department of Public Welfare for the month of August. 1963, and listin9 monthly departmental reports on file in his office. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the report was filed. STREET NAMF~: The City Planning Commission submitted the following report~ recommending that Duke Street, N. W., be renamed Lilac Avenue, N. W.: "October 9, 1963 The Honorable Murray A. St.lief, Mayor, and Members of City Council City of Roanoke, Virginia Gentlemen: In its October 2, 1963 meeting the City Planning Commission con- sidered the matter of renaming Duke Street, N. W., located in the Signal Hill subdivision. This change became necessary when the West Westwood subdivision was approved by the city planning department on July 12, 1963. As can be seen from the map, at the present time Lilac'Avenue, N. W., is a dedicated streets the two portions of mhich are being connected through the construction of West Westwood subdivision. Hoverer, a 146-foot long portion of this street is named Duke Street where it intersects with Signal Dill Avenue. The City Planning Com- mission found that this condition is cause for confusioo and is contradictory of the intent of the master plan for street namin9 which requires coottnuity and regularity. preparation of the proper measure. The motion nas seconded by Hr, Jones and unanimously adopted. STAT£ HIGHWAYS: Council at its last regular meetin9 having received a report from the City Planning Coumission, recommending that Council advise the Virginia Department of Highways of the nee~ for the construction of an underpass '1 under the Interstate Spur $81 to permft east-west connection of Wells Avenue, and having deferred action on the matter until the present meeting of Council in order that the members of the body night be furnished with copies of the report of the City Planning Commission and a plan submitted by the Director of Public Murks and the Superintendent of Traffic Engineering and Communications, the report of the Planning Commission was again considered. I~ this connection, the Acting City Manager submitted a report of the City Manager, recommending that Council request the Virginia Department of Highways to hold up any further plans, specifications, etc., from Orange Avenue south for Interstate Spur 581 until the City of Roanoke has a chance to make a decision with r~ference to traffic control in this area. Mr, Merrier K. Sensbach appeared before Council and explained the need for the underpass at Wells Avenue, Mr. H. Cletus Droyles, Director of Public Works, and Mr. J. D. Sink, Superintendent of Traffic Engineering and Communications, also appeared before Council for a discussion of the Wells Avenue underpass, as well as an underpass in the vicinity of Walker Avenue, Hr, Sink voicin9 the opinion that a vehicular- pedestrian underpass should be constrncted in the vicinity of ~alker Avenue and suggesting that the proposed Shenandoah Avenue underpass he deleted from the project and that the savings therefrom he applied to the proposed Wells Avenue underpass. After a lengthy discussion of the matter, Mt. Wheeler moved that the City Attorney be directed to prepare the proper measure, requesting the United States Bureau of Public Roads and the Virginia Department of Highways to del~y action on that part of the Interstate Spur 591 project south of Orange Avenue ~hich has not already been advertised for bids until a definite decision is reached with regard to the proposed auditorium=coliseum in the Commonwealth Redevelopment Project area and providing for the appointment of Council as a Committee of the Whole to negotiate with highway officials in this respect, The motion was seconded by Mr. Dillard and unanimously adopted, 214 ZONING: Council having deferred action until the present meeting on report of the City Planning Commission, recommending that a Citizens* Advisory Committee be appointed in connection with the preparation of a new Zoning Ordinance, in order that members of the body might be furnished with copies of the report of the Planning Commission, the matter was again discussed, Mr. Dillard moved that the City Attorney be directed to prepare the propel measure providing for the appointment of such a committee to be composed of four,eat members, said members to be nominated by Council. The motion mas seconded by Mr. Jones and unanimously adopted. BU1LDXNGS: Counnil having received a request from Hr, John Ce HaislSp that Section RO0 of the City Building Code, defining a basement as a story of n buildin9 or structure having one-half or more of its clear height belom 9Fade. be amended to conform with the State Buildin9 Code, defining a basement as a story of a building the floor of which is not less than tmo feet below 9Fade and the ceiling of which is not less than four feet six inchon but not more than seven feet six inches above grade, and having referred the matter to the Board of Appeal. Building Code. for study, report and recommendation as to whether tho Building Code should be amended as requested, or, if not, whether Mr. Baislip should be given specific permission to vary from the above provisions of the Buildin9 Code. arid. if so. the proper procedure to be followed, the Board of Appeal submitted a written report. advising that in accordance with authority vested in the Board under the Building Code it conducted a hearing on August 8. 1963. on the request of the B-U Corporation permission to construct an apartment building at 2300-2306 Stephen$on Avenne. for S. W.. in variance from the Building Code, and ordered that the applicant be granted a permit for the construction of a multi-family bulldin9 provided the building is constructed as shown by plans, and, in addition, a fire mall is constructed between each apartment as specified by the Department of Buildings; also, that the building is so located the entire length of the rear wall thereof is at least six feet below the finished grade of the building line. On motion of Mr. Nheeler, seconded by ~ro Pollard and unanimously adopted~ the report was filed. REPORTS OF SALE OF PROPERTY: Council having referred to a committee composed of Lo~ 14, Block IO, Naverly Place, Official Tax No. 4230419. for $200, the committee an offer from Mr. and Mrs. Church signifying their willingness to pay $250 for this 21.5 Mr, Garland 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 mas seconded by Hr, Pollard and unanimously adopted. UNFINISHED DUSINESS: NONE. CONSIDERATION OF CLAI~: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Ordinance No. 15422, authorizing the City Manager to enter into hem contracts with Piedmont Aviation, Incorporated, and Eastern Airlines. Incor- porated, effective August 1, 1963, leasing unto said airlines certain rights and privileges at Roanoke Municipal (Moodrum) Airport, for a period of three years, having previously been before Council for its first reading, read and laid over, was again before the body, HF, Rheeler offering the following for its second and final adoption: (~1Sd22) AN ORDINANCE approving certain fees and rentals established by the Airport Committee; directing the preparation of renewal leases between the City and two commercial airlines; and authorizin9 the execution thereof. (For full text of Ordinance. see Ordinance Uook No. 26, page 301.) Mr, Wheeler moved the adoption of the Ordinance. Tbe motion was seconded by Mr. Pollard and adopted by the follcwin9 vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ ?. NAYS: None ....................O. FIRE DEPARTMENT: Council having directed the City Attorney to prepare tbel proper measure calling for an advisory referendum on November 5, 1963, on the question of whether the work seek of the members of tbe Roanoke City Fire Departmentli shall be reduced fFOm 73 hOUrS to $6 hours and whether the voters of the City of Roanoke will authorize the raising of necessary revenue to put the reduced work week into effect, and the City AttoFney bavin9 presented dFaft of an emergency Ordinance calling for the advisory referendum, and Council having deferred action on the matter in ordeF that Mr. AFthur D. Crush, Jr,, Attorney, representing the members of the Roanoke Fire Department, might be present, and tbe City Attorney having been requested to render a written opinion as to whether OF not an Ordinance is required to provide for the advisoFy referendum or if a Resolution will suffice, the matter In this connection, tbe Assistant City AttoFney submitted a written repoFt advising he is of the opinion that Council may call for an advisory refer- endum by Ordinance oF by Resolution and that in eitheF instance there is no charter or statutory requirement or provision applicable to the matter. ir. Dillard then offered the following Resolution calling for the advisoryi! referendum: ~A RESOLUTION directing and providing for the holding of a special election in the City of Roanoke. Virginia, to take the sense Of the qualified voters of the City on the following questions: (a) Shall the mark week of the members of the . Roanoke City Flre Department be reduced from n seventy-three- hoar work week to a fifty-six-hour mark meek? (b) Shall the Clty Council be authorized to raise the necessary additional revenue to put a fifty-six-hour work week of the members of the Roanoke City Fire Department into effect? RE IT RESOLYED by the Council of the City of Roanoke, ¥1rglnla, as folloms: 1, A special election shall be held in the City of Roanoke on the 5th day of November, 1963, to take the sense of the qualified voters of the City of Roanoke on the following questions: (a) Shall the work meek of the members of the Roanoke City Fire Department be reduced from a seventy-three-hour work week to a fifty-six-hour work week? (b) Shall the City Council be authorized to raise the necessary additional revenue to put a fifty-six-hour work week of the members of the Roanoke City Fire Department into effect? 2, The Sergeant of the City of Roanoke and the judges of election hereinafter designated are hereby directed to open the polls at the several voting places in the City of Roanoke On the 5th day of November, 1963, for the purpose of submitting said questions to the qualified voters of the City of Roanoke, in order that this Council may be advised of their preferences In the premises, 3. The Sergeant of the City of Roanoke is hereby directed to give public information of said election, setting forth the time and place thereof by publishing a notice of the same Jn a newspaper Of general circulation in said City and published in said City, for the space of ten days, and by posting a copy thereof at each votin9 place in said City at least ten days before the date of said election, 4. The judges and clerks for the several voting precincts in the City of Roanoke are hereby appointed to conduct said election, and in case of failure Of any one or more of them to act, then the place or places of such shall be filled in the manner provided for by the general election laws of the State in case of regular elections. 5, The electoral board of the City of Roanoke shall, at least ten days prior to the date of the election herein provided for, have printed the required number of proper ballots to be voted at said election, and such ballots shall be in the following form: CITY OF ROANOKE SPECIAL ELECTION OF NOYE~RER 5, 1963 QUESTION: (a) Shall the work Meek of the members of the Roanoke City Fire Department be reduced from a seventy-three-hour work week to a fifty-six-hour work week? FOR AGAINST QUESTION: (b) Shall the City Council be authorized to raise the necessary additional revenue to put a fifty-six-hour work week of the members of the Roanoke City Fire Department into effect? FOR AGAINST 6, The ballot shall be prepared in conformity with the provisions of Section 24-141 of the 1950 Code of Virginia, and each voter shall mark his ballot in the manner prescribed by said section. Such ballots shall be delivered to the Judges of election, for use in the said election, in the same manner as ballots are delivered to the judges of election in regular elections. 217 7, Said election sball be superintended, conducted and determined in the wanner prescribed by Section 24-140 of the 1950 Code of Virginia, 8, The Judges of election shall' immediately after the closing of the polls count the ballots deposited and shall withintwodays thereafter wake written return of the results of said election to the City Clerk. specifying the nuwber of votes cast for and the number of votes cast against the questions voted upon. Said return shall be presented to the City Council at its next regular weeting and shall be spread upon the Journal, and the said Judges shall further seal the ballots and, within tug days after closing the polls, submit the sameto the City Clerk to be kept In the archives of the Council, and said ballots shall remain sealed during the space of twelve months thereafter without the further order of Council." Mr. Dillard moved the adoption of the Resolution, Hayor Stoller relln- q2ished the Chair to second the motion, In this connection, Mr. Crush appeared before Council and presented additional petitions signed by approxiwately 1,700 voters, requesting the advisory referendum, Mr, Crush pointing out that this makes approximately 11,000 voters who have asked for the advisory referendum and that he feels Council should abide by the{! wishes of so many of its citizens, Mr, Crush concluding that since the special election will not cost the city anything and the advisory referendum will not be binding On Council he can see no reason for any opposition to calling for the referendum. Mr, Sidney M, Vanghan, Chief of the Fire Department, voiced the opinion that since the matter has gone this far he feels Council should go ahead and call for an advisory referendum. Also speaking in favor of the referendum was Mr. J. W. Howbert. In a discussion of the matter by members of Council, Mr, Garland reiterated he does not feel an advisory referendum is the answer to the question, that. in his opinion, a reduction in the working hours of the firemen should be done systemati- cally in a manner which the city can economically afford, that the members of Council are elected by the voters to make such decisions and Jf the people are not satisfiedi: they should elect new councilmen. Mr. Jones stated he has talked with a number of citizens and has been unable to find anyone who plans to vote for the decrease in the working hours of the firemen, that, in his opinion, if an advisory referendum were held and the question defeated he would interpret this as meaning there should be no reduction in the working hours of the firemen and he agrees with Mr, Garland that the hours should be reduced systematically. Mr. Wheeler stated he is sympathetic with the question of reducing the working hours of the firemen, but he feels it is a matter which should be handled by Council, Mr. Young stated he has given the matter much thought since the City Attorney was directed to prepare the proper measure calling for the advisory referendum and he is now of the opinion the redaction in the working hours of the firemen is a matter to be handled by Council, 219 AYES: Messrs. Dillard, Oarlandt Jones, Pollarde #heeler, Young and Mayor SCuller ............................ NAYS:, None---. ................ On Rro Mheeler then offered the following eBergency Ordinance appropriating $9,000: (=15434) AN OROINASCE to amend and reordain Section =111, =Parks and Recreational Areas,# of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 26, page 388.) Mr. Rheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones. Pollard, Rheeler. Young and NAYS: None ....................On PLANNING COMMISSIONS: Council having directed the City Attorney to prepare the proper measure approving an estimated increase of $15,000 in the annual budget of the Roanoke Valley Regional Planning Commission, in connection with the employment of a full-tine Professional Planner, and committing the City of Roanoke to its proportionate share of the Increase. he presented same; whereupon, Mr. Nheeler offered the following Resolution: (UlS435) R RESOLUTION approving the increase of the annual budget of the Roanoke.Valley Regional Planning Commission to the sum of tls.non for its fiscal year commencing July 1, lq63; and declaring the City*s intent to provide to said Commission the Clty*s proportionate share thereof. (For full text of Resolution, see Resolution Book No. 26, page 389.) Mr. Rheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the follosing vote: AYES: Messrs. Garland. Jones. Pollard. ~heeler. Young and Mayor Sculler .......................................... NAYS: Mr. Dillard .................... 1. BRIDGES: Council having directed the City Attorney to prepare the proper measure accepting the proposal of the Southwest Building Corporation for. the construction of a reinforced concrete slab to replace the present timber deck on Thirteenth Street Bridge over the tracks of the Norfolk and Nestern Railway Company in the amount of $16.785. he presented same; whereupon. Mr. Pollard offered the following emergency Ordinance: (~15436) AN ORDINANCE accepttn9 the proposal of Southwest Building Corporation for construction of a reinforced concrete slab to replace present timber deck on 13th Street Bridge over Norfolk and Mestern Railway Companyts tracks; 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° 26, page 38g.) 22O Mr. Pollard moved the adoption of the Ordinance..The motion was seconded by Hr. Wheeler and adopted by the follouiug vote: AYES: Messrs. Olllnrd, Gurland, Jones, Pollard, Wheeler. Young und Mayor Stoller ............................ T, NAYS: None ....................O, Mr. Jones tben offered the following emergency Ordinance appropriating $16.79g covering the cost of the contract and $14 advertising costs, with the understanding that the Norfolk and Western Railway Company will reimburse all of the amount except $2,000 to the city. (#15437) 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 390,) Mr, Jones moved the adoption of the Ordinance, The motion was seconded by Mr, Kheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................. 7, NAYS: None .....................O. PARKS AND PLAYGROUNDS-STATE HIGRWAYS: Council at its last regular meetin~ having adopted Resolution No, 15424, approving, in general, a proposed realignment of a portion of Yellow Mountain Road, S. E., where it will cross under the Mill Mountain Spur, at an estimated cost of $25,000, it was brought to the attention cf the body that the ~25,000 was not appropriated contemporaneously with the Resoluti~ as set forth therein. Mr. Jones moved that the matter be referred to the Budget Commission for inclusion in the 1964 budget. ~he motion Nas seconded by Mr. Dillard and unani- mously adopted. MOTIONS AND MISCELLANEOUS BUSINESS: PARKS AND PLAYCROUh~S-GARBAGE REMOVAL: Mr. Wheeler raised the question of conducting the papercan system of refuse collection in the Dorchester Court area on a voluntary trial basis until next spring and that the area be expanded to include approximately l,dO0 homes in order to provide more efficient garbage collection, After a discussion of the matter, Mayor Stoller relinquished the Chair moved that action on the question be deferred until the next regular meeting of Council in order that the members Of the body may study a report on the system prepared by the American Public Works Association. The motion was seconded by Mr. Wheeler and unanimously adopted, ZONING-TRAFFIC: Mr. Jones stated he has noticed a number of apartment b=ildJngs being constructed in the old southwest section of the city without any provision for off-street parking and that since it will probably be some time before a new Zoning Ordinance is adopted he is of the opinion this particular situation should be corrected now. 221 After · discussion of the matter, Hr. Jones moved that the City Attorney be directed to prepare the proper measure amending Chapter 4, Title XY, or The Code of the City of Roanoke, 1956, relating to Zoning, to require that orr-street parking be provided for any apartment building constructed in a Special Residence District. The motion mas seconded by Mr. Dillard and unanimously adopted. On notion of Hr. Young, seconded by Hr. Jones and unanimously adopted, the meeting mas adjourned. APPROVED ATTEST: City Clerk Mayor 222 COUNCIL, REGULAR MEETING, Monday, October 2l, 1963. The Council of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Monday,.October 21, 1963. at 2 p.m.. the regular men,in9 hour. nith Mayor Stoller presiding. PRESENT: Councilmen Oeo,on O. Dillard. Robert A. Garland. James £. Jones Roy R. Pollard. Sr.. Vincent S. Wheeler. Walter L. Young and Mayor Murray A. Stoller ................................... 7. ABSENT: None ................... O. OFFICERS PRESENI': Mr; Arthur S. Owens. City Manager. Mr. Randolph G. Whittle. City Attorney. and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting I~as opened with a prayer by the Reverend Max Wicker. Pastor. Windsor Bills Methodist Church. H'~ARING OF CITIZENS UPON PUBLIC MATTERS: FIRE DEPARYRENT: Pursuant to notice of advertisement for bids on the construction of the Garden City Fire Station, said proposals to be received by the City Clerk until 1:30 p.m.. Monday, October 21. 1903. and to be opened at 2:00 p.m. before Council, Mayor Stoller asked if there ~as anyone present who did not fully understand the advertisement, if there ~as anyone present ~ho had been denied the privilege of bidding, or if there ~ere any questions about the advertisement anyone ~ould like to ask. and no representative present raising any question, the Mayor i' i instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: Watts mud Breakell. Incorporated - $ 67,50D John W. Martin - 68,T4T A. L. Parris Company - 09,150 Regional Construction Services. Incorporated - 71.490 Days Construction Company. Incorporated - 72,600 Roanoke Wood Preservers. Incorporated - 72,752 Valley Contractors Corporation - 74.400 Mr. Garland moYed that the bids be referred to a committee to be appointee 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 ~as seconded by Mr. Wheeler and unanimously adopted. Mayor Stoller appointed Messrs. James E. Jones, Chairman, Walter L. Young and Robert A. Garland as members of the committee. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mrs. Bessie M. samson, requestin9 that property located on the sou,beast corner of Virginia Avenue and Monroe Street. N. described as LOtS 1 and 2, B]ock 2], Washington Heights, Official Tax Nos. 2761301 and 2761302, be rezoned from General Residence District to Special Residence District, was before Council. On motion of Mr. {/heeler, seconded by Mr. Pollard and unanimously adopted the request was referred to the City Planning Commission for study, report and recommendation to Council. 223 REPORTS OF OFFICERS: BUDGET-STATE BIGH~AYSoWATER DEPARTMENT: Council having previously uutbor- ized the City Manager to execute a utility agreement betmeen the City of Roanoke and the Commonmealth of Virginia, Department Of Righmuys, dealing mith the relocation of certain muter facilities located within and betmeen Malker Avenue and Shenandoah Avenue, N. E., necessitated because of the construction of Interstate Route 561, at an estimated cost of $15,772.83, the City Manager submitted · mritten report of the Acting City MaunDer0 advising that changes revised estimate Of cost in the amount of $22,999.32 and recommending that Council approve the revised plan and estimate by appropriating the difference Of $?,226.49. Mr. Wheeler moved that Council concur in the recommendation of the Acting City Manager and offered the folio, Jag emergency Ordinance: (~15430) AN ORDINANCE to amend and reordain "Non-Operatin9 Expense" of the 1963 Water Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. ~6, page 391.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the folloalng vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, ~heeler, Young and Mayor Stoller NAYS: None .....................O. BUDGET-AIRPORT: The City Wanager submitted a written report of the Acting City #anager, recommending that $200 be transferred from Bousekeeping Supplies to Office Furniture and Equipment - New under Section ~88, "Airport,' of the 1963 budget, to provide for the purchase of a nem electric adding machine. Mr. Pollard moved that Council concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: (~15439) AN ORDINANCE to amend and reordain Section :88. "Airport," of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 391.) 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. Young and Rayor St,lief ................ k .............. 7. NAYS: None .......................O. BUDGET-PAY PLAN-DEPARTMENT OF PUBLIC WORKS: The City Manager submitted a Nritten report of the Actin~ City Manager, recommending that $5,000 be appropriated to Overtime under Section ~166, "Overtime Pay Under Job Classification Plan,~ of the 1963 budget, to cover overtime york in the Department of Public Works for the remainder of the year. Mr. Wheeler moved that Council concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: 224 (#15440) AN OEDINANCE to amend and reord~lo Seetloo x166. 'O~ertl~e Pay Usder Job Classification Piss,' of the 1963 AppropriotJon Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Oook No. 26, page 392.) #r. Nheeler moved the adoption of the Ordinance. The motion wis seconded by Mr. Pollard smd adopted by the following vote: AYES: Messrs. Dillard, Gorlsndo Jones, Pollard, Wheeler, Young and Mayor Stoller ............................. NAYS: None .....................0. BUOGET-DEPARTMENY OF pUBLIC WORKS: The City Wauuger submitted o written report of the Acting City Manager, recommending that $10,000 be transferred from Raintenance of Building and Property under Section =83. 'Bridge Repair,' to Materials - Building and Property under Section ~81. 'Street Repair,' of the 1963 budget. Mr. Garland moved that Council concur in the recommendation of the Acting City Manager and offered the foJlouing emergency Ordinance: (~15441) AN 0RBINANUE to amend and reordain Section =ill, 'Street Repair.' and Section ~$3. "Bridge Repair,' of the 1963 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Oook No. 2b, page 393.) Mr. Garland moved the adoptioo of the Ordinance. The motion was seconded by MFs Wheeler and adopted by the followin§ vote: AYES: Messrs. Dillard. Oarland, Jones. Pollard, Wheelers Yuan9 and Mayor Stoller ............................. ?. NAYS: None ..................... BUDG£T-GARBAGE R£MOYAL: The City Manager submitted a written report of the Acting City Manager. advisin9 that the Department of Public Works desires to move the fleet of refuse trucks from the City Garage to the old Sewage Treatment Plant located on CarYeF Avenue, N. E., west of Courtland Road. and that in order to effect the move it will be necessary to install a 10.000 gallon gasoline tank and the proper recording gasoline pump and meter which is estimated to cost $2.200. the Acting City Manager recommendin9 that $2.200 be transferred from Personal Services under Section =97, "~efuse Collection and Disposal.' to Other Equipment - New under Section =99, 'Garage." of the 1963 budget. After a discussion of the matter. Mr. Pollard indicating that he would vote for the transfer of the refuse trucks to the old Sewage ;reatment temporary basis, but pointing out that this will be valuable property after the completion of Interstate Spur 581, and Mr. Young voicing the opinion that gasoline dealers should be given the opportunity to submit proposals on Installation of the tank and pump. Mr. Jones moved that Council concur in the recommendation of the Acting City Manager and offered the fol]oM]ng emergency Ordinance: 225 (n15442) AN OROINANCE to amend end reordsin Section agT, 'Retuse Collectk~n end Dlsposnlo# end Section ~gg, 'Garage.' of the 1963 Appropriation Ordinance, nod providing for an emergency. (For toll tent of Ordinance. see Ordinance Book No. 26. page 393.) Mr. Jones moved the adoption et the Ordinance. The notion nos seconded by Mr. Dillard and adopted by the follooing vote: AYES: Messrs. Dillnrd. Garland, Jones. Pollard, Mheeler and Mayor Stoller .................. ~ ................ 6. NAYS: Mr. Youn9 ................1. BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted n uritten repot! of,the Acting City Manager, advising that in connection mith the construction and development of the Transportation Museum there ere certain construction costs mbich, to date, have not been paid. one being a bill in the amount of $4.974.00 from the Virginia Prestressed Concrete Corporation for the construction Of a portion of the prestressed shelter and the other being in the amount of $3,050.99 to cover concrete used On the project, and that in order to take care of these two Outstanding bills and provide funds for certain improvements shich should be accomplished this fall in connection with the museum project it is recommended that the sue of $10.000 be appropriated, the Acting City Manager pointing out that the Junior Chamber of Commerce has undertaken a drive to raise $15,000 to be used for construction purposes at the Transportation Museum and it its drive is successful this mill enable the city to accomplish needed improvements at the museum during 1964. After a discussion of the matter, Mr. Jones moved that action aa the question be deferred until the status of the campaign of the Junior Chamber of Commerce has been ascertained. The motion was seconded by Mr. Dillard ami unani- mously adopted. EASEMENTS-APPALACHIAN PONER COMPANY: The City Manager submitted a mritten report of the Acting City Manager, advising that the Appalachian Poser Company has requested a 40-foot side easement along Virginia Secondary Route 740 to Carvlns Cove for the purpose of erecting and maintaining lines for electric power transmission to other properties and recommending that the city convey a power line easement to the Appalachian Poser Company at a consideration of $1,00. After a discussion of the matter, Mr. Dillard moved that action on the question be deferred until the nex~ regular meeting of Council and that the City Manager ascertain the amount received from the Appalachian, Pomer Company by other property omners in the vicinity for easements over their land. The motion sas seconded by Mr. Pollard and unanimously adopted. SEWERS AND STORM DRAINS: Council having previously directed the acquisition of necessary easements for the construction of the Hazelridge Road seser project, the City Manager submitted a mritten repo~, advising that the tenth and final easement for the project has been secured. 226 Hr, Dill·rd then offered the follouing eoergeacy Ordinance fixing the estimated amounts of the asse·sments to be made against the abutting land ouners and providing for tho docketing of an abstr·ct of the Ordinance in the Office of the Clerk of the Hustings Court: (~1S443} AN ORDINANCE relating to the construction of the public snnJtory saner main and lateral· to serve certain properties abutting the same on · portion of Nazelridge Road, N. N** and on a portion of Ouklnnn Avenue, N. ¥** heretofore authorized to be made by Ordinance No. 15142. one-half (l/R) of the total cost of uhich is to be assessed against abutting landonners to be served by ·aid improve- neat; fixing the estimated amounts of the assessments to be made against said abutting landowners; providing for the docketing of an abstract of this ordinance in the Clerk's Office of the Hustings Court of the city of Roanoke and individual AYES: Ressrs. Dillard, Garland. Jones. Pollard, Rheeler, Young and proper measure amending Chapter 4. Title XV. of The Cede of the City of Roanoke, be provided for submitted the following report: The Honorable the Council of such hearing is required. City Attorney" 227 Mr. Jones moved that a public hearing on tko matter be held at 2 November 11. 1963. The motion mas seconded by Mr. Young and unanimously adopted. CITY AUDITOR: The City Auditor submitted a monthly statement of the receipts und disbursements of the City of Roanoke for the fiscal period commencing January I. 1963, mud ended September 30, 1963. On motion of Hr. Jones, seconded by Rt. Young and unanimously adopted, t l~ report mas filed. REPORTS OF COMMITTEES: MATER DEPARTMENT: Council having referred to a committee composed of Messrs. Robert A. Garland, Chairman, Nailer L. Young, Arthur S. Owens and Raymond E. Pillow, for study, report 3nd recommendation, an offer of the Southern Varnish Corporation to pay one-half of the estimated cost of $3.000 to extend an O-inch high pressure mater line to its property for adequute fire protection, the committee submitted a written report, recommending that in view of the short line and the small amount of money involved the offer be accepted, the committee suggesting that this acceptance should not set a precedent for requests on future extensions and expressing the belief a study should be made toward establishing a policy with respect to such future requests. After a discussion of the mutter, Council beta9 of the opinion that the present offer should be accepted and that future requests should be considered by Council on their individual merits, Mr. Garland moved that Council concur in the recommendation of the committee and offered the following Resolution: (R5444) A RESOLUTION conditionally agreeing to cause the Water Depart- ment to construct an O-inch high pressure mater line from Edgewood Street, and Berkley Avenue, S. N., to the northwest corner of Roanoke Avenue and Union Street, S. (For full text of Resolution, see Resolution Book No. 26. page 39b.) Hr. Garland moved the adoption of the Resolution. The notion seconded by Mr. Young and adopted by the following vote, Mr. Jones voicing the opinion that the city should bear the entire cost of extending the water line: AYES: Messrs. Dillard, Garland, Pollard. Wheeler, Young and Mayor StoJler ................................... NAYS: Mr. Jones ..............1. ~NFINISHED BUSINESS: PARES AND PLAYGROUNDS-GARBAGE REMOVAL: Council at its last regular meeting having deferred action on a suggestion of Mr. Wheeler that the papercan system of refuse collection be conducted in the Dorchester Court area on a voluntary trial basis until next spring and that the area be expanded to include opproximatelyll 1400 hones in order to provide more efficient garbage collection, in order that the members of the body might study u report of the American Public Works Association onii four field trials conducted by the association, the mutter was again before Council.fl 228 la this connection. Mr. H, Cleans Droyles, Director of Public Marks, appeared before Council and recomueaded that the body adopt the following policy with regard to the papercan system; 1. That in any compact area of the City, approximating 1200 to 1400 collection units and which area is first approved by the City Manager as u satisfactory collec* tiaa route, and in which area the citizens bare Indicated sufficient interest in the use of the Paperceu System of Refuse Collection and further, have demonstrated their interest on u voluntary basis by a sizeable majority of the householders in the urea buying for thamselres the required approved holder and protective shield (if necessary), the City will then furnish papercans to those citizens who bare bought holders on the basis of two papercans per household unit per week. 2, That the basic cost of holders to householders be established as follows: First Unit A~itlgnal Units Mall Type Holder 2.50 3,50 Stand Type Holder 4.50 5.50 Protective Shield 6.45 6,45 3. That the City underwrite the cost of holders by the amount Of $1.00 per household unit. Where welfare cases are involved, the City will underwrite the total cost Of the holders and protective shield (if required). 4. That the system be set up on a voluntary basis. 5. That within the approved designated collection route or routes, twice per week collection will be made to those householders who use the Papercan System and only once per week collection to those householders who use metal cans. 6. That the City Manager be authorized to execute a con- tract with the West Virginia Pulp and Paper Company to buy the necessary holders, shields and hags on the following basis: Wall Type Holder $3.50 Stand Type Holder 5.50 Protective Shield 6.45 Paper Bags in Carload Lots SBO.O0 per thousand FOB Roanoke Westvaco agrees to guarantee holders for two (2) years against defects and agrees to take back and refund, at the full purchase price, any unwanted holders at the end of one (1) year. As a further incentive, to the City, Westvaco has also agreed to pay for a month's supply of Papercans to all of those householders in an approved collection route who do not elect to continue the service after a thirty (30) day trial period. Also, Westvaco has agreed to deduct $1,00 from the cost of the holders where welfare eases are involved. 7. That the sum of $10,000 be transferred from the unexpended funds in the 1963 Budget from Personal Services. Refuse Collection and Disposal, Account No. 9T to the same account, Code No. 39, 0peratin9 Supplies and Materials, to be used to buy Papercans and pay the City's share on the holders and to provide a working capital for handling the holders on a reimburseable basis. 0. That the Dorchester Court area used during the preliminary tests be enlarged to approximately 1260 houses immediately and designated as the first area to be approved under this program. That each additional collection route that qualifies under this plan and policy be submitted to City Council for its approval before the route is established On a permanent basis. 2-9 That this plan and policy be inaugurated ulth the under- . standing that it mill come uithio the frnaeuorh of the 1964 Budget rot Refuse Collection and Disposal and other 1964 Budgets that may be affected, mithoot additional appropriation except the $10,000 item referred to In paragraph No. 70 above. It Is estimated that for every collection route established, one load packer, one . driver and one helper could be eliminated. This can be accomplished by normal attrition ultbout resorting to cut-offs, provided care ts exercised in setting up and establishing the various collection routes. The savings effected in each collection route by the re- duction of a load packer and tug (2) men mill approxi- mate the City*s cost for Papercans and the City*s $1.00 subsidy on the holders. After several collection routes have been established, a further savings could be reflected by not having to buy neu packer trucks as set up in the 1964 Budget. Messrs. J. E. Fogle and A. E. Bert Snyder appeared before Council in opposition to the proposal. After a discussion of the matter, some of the members of Council raising the question as to why the city should subsidize the proposed system at ail and objecting to furnishing once per week collection to those householders using metal cans while those householders using the papercan system would receive twice per ~eek collection. Mr. Dillard moved that the proposal be filed. The motion seconded by Mr. Pollard and unanimously adopted. CONSIDERATION OF CLAIMS: NO~E. INTRODUCT IO~ AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ~RAFFIC: Ordinance No. 15432, directing the erection of a vehicular barricade across Corbieshau Road, S. M.. at the ~est corporate limits, 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: (a15432) AN ORDINANCE directing the erection of a vehicular barricade across Corbieshaw Road, S. N., at the west corporate limits of the City. (For full text Of Ordinance, see Ordinance Book No. 26, page 391.) 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 and Mayor Stoller ....... NAYS: Messrs. Mheeler and Young ........................................ AIRPORT: Council having deferred aczion on an Ordinance accepting the offer of Mr. English Showalter, Attorney, representing the owners of three tracts of land formerlyowned by Roanoke Orchard Company, Incorporated, needed for the extension of Runway 15-33 at Roanoke Municipal (Woodrum) Airport. to sell the three tracts of land and to release two access road easements for the total sum of $134,420, in order that'the members of the body;mi§hr study the proposed measure, the matter was again before Council; whereupon, Mr. Young offered the following emergency Ordinance: 23O (w1~445) AN O~DINANCE providing for the acquisition of certain land and rights in land for use la connection with the extension of Runway 15-33 at the Roanoke Huniclpal Airport, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 397.) Mr. Young moved the adoption of the Ordinance. The motion was seconded Mr. Kheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ NAYS: None ...................O. With reference to the purchase of the three tracts of land and the two easements, the City Auditor pointed out that $395,000 is included ia the revenue section of the Id&3 budget as a loan from the Rater Dep~rtment and a corresponding amount has been appropriated to Section ~170, 'Capital,* Of the 1963 budget, for this project, but that since the amount will not be expended during the year 1963 and the funds will not be borro~ed this year the necessary amount will be included in both the revenue section and the appropriation section Of the 1964 budget. RECREATION DEPARYMENToPARKS AND PLAYGROUNDS-SCHOOLS: Council having directed the City Attorney to prepare the proper measure directing the City Manager ~to take appropriate steps to secure a 7.03-acre tract of land surrounding a FAA iiRadio Range at Andrews Road and Nineteenth Street Extension. rl.W., said tract of f*land being designated as Official Tax No. 2340103. for park purposes, he presented whereupon, Mr. Jones offered the following Resolution: (~15446) A RESOLUTION directing the City Manager to endeavor to obtain from the Federal Government a gift of 7.B3 acres of real estate in the City for park. recreation or historic monument purposes. (For full text of Resolution, see Resolution Book No. 26, page 398.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Hr. Garland and .adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Rayor Stoller ............................ 7. NAYS: None ................... O. PARKS AND PLAYGROUNDS-STREETS AND ALLEYS: Council having directed the City Attorney to prepare the proper measure authorizing and directing the City Manager to file an application with the Federal Covernment for a grant of funds to be used in the acquisition of open space land in connection with the proposed extensio~ of Wiley Drive westward along Roan,he River from Was*aa Park to the 'corporate limits of the Town Of Salem, under the Federal Open Laud Act, he presented whereupon, Mr. pollard offered the following Resolution: (~15447) A RESOLUTION authorizing and directing the City Manager to file a proper application with the Federal Government for a grant Of funds, pursuant to the Federal Open Land Act, to be used in the acquisition Of open space land to 231 to be used in connection with the proposed extension of Rliey Drive westward along Roanoke River from Rasena Park to the corporate limits of the Town of Salem. (For full text of Resolution. see Resolution Book No. 26. page 399.) Mr, Pollard moved the adoption of the Resolution. The nation was seconded by Hr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones. Pollard, Wheeler. Young and Mayor Stoller ........................... NAYS: None ...................O. STREET MARES: Council having directed the City Attorney to prepare the proper measure renaming Duke Street. N. W.. as Lilac Avenue, N.W.. he presented whereupon, Hr. Dillard offered the following Resolution: (~1544D) A RESOLUTION changing the name Of Duke Street, N.M.. to Lilac Avenue, N. R. (For full text of Resolution, see Resolution Book No. 26, page 399.) 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, Wheeler. Young and Mayor Stoller ........................... ?. NAYS: None ...................O. STATE HIGHWAYS-AUDITORIUM-COLISEUM: Council having directed the City Attorney to prepare the proper measure requesting the United States Bureau of Public Roa~ and the Virginia Department of Highways to delay action on that part of the Interstate Spur SD1 project south of Orange Avenue ~bich has not already been advertised for bids until a definite decision is reached with regard to the proposed auditorium=coliseum in thc Commonwealth Redevelopment Project area and providing for the appointment of Council ~s a Committee of the Whole to negotiate with highway officials in this respect, he presented same; whereupon, Mr. Pollard offered the following Resolution: (~15449) A RESOLUTION requesting the United States Bureau of Public Roads and the Virginia Department of Highways to delay further request for bids on the construction of that part of the Interstate Spur SD! project south of Station whith station is approximately 1.000 feet south of Orange Avenue, in order that the matters 3nd things stated in the first resolving clause of this resolution may be finally determined; and appointing this Council as a committee of the whole to promptly negotiate as herein directed. (For full text of Resolution. see Resolution Book No. 26, page 400.) 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 Stoller ........................... ?. NAYS: None ................... O. 232 Z~ING: Council haviog directed ,the Gi. ty Attorney to prep&re the proper measure providing for. the appol.ntm~nt ~f.e ¢itlzens'.A~isory Committee fo connec- tion uith the preparation of · new Z~n. ing ~rdinonce,' he presented same; Mhereupon, Mr. Pollard offered the follomiog Resolution; (u15450) A RESOLUTIO~ appointing a Citizens° Advisory Committee to assist in the drafting of the zoning ordinance presently being prepared; and directing certain City officials to be available to th~ .committee for consultation and technical information. (For full text of ResolotJ.on, see Resolution Book No. 26, page 401.) Mr. Pollard moved the adoption of the Resolution. The motion was seconde, by Ir. Mheeler and adopted by the follomlng vote: AYES: Messrs. Dillard, GoFland Jones, Pollard, Wheeler, Young and ~ayor 5tolJer ............................ NAYS: None ...................O. SALE OF PROPERTY: Council having directed the City Attorney to prepare the proper measure proridin9 for the sale of property located in the 1600 block of La~rence Avenue. S. E., described as Lot 14, Block IO. Narerly Place, Official Tax No. 4230419. to Mr. and Mrs. W. C. Church for $250. he presented same; mhereupon, Mr. Pollard moved that the following Ordinance be placed upon its first reading: (=15451) AN ORDINANCE accepting the offer of Mr. and Mrs. W. C. Church to purchase Lot 14. Block 10, Maverly Place. Official Tax No. 4230419, for $250.00, the conveyance to be dated January 1. 1964. BE IT ORDAINED by the Council of the City of Roanoke as follows: !. That the written offer Of Mr. and Rrs. M. C. Church. 160h La~ren Avenue, S. E.. to purchase from the City Lot 14. Block 10. Waverly Place. Official Tax No. 42~0419, for $250.00 net cash, as of the 1st day of January. 1964, be, and said offer is hereby, accepted. 2. That the City Attorney be, and he is hereby, directed to prepare a proper deed pursuant to ~hich the City conveys the aforesaid real estate, with corenants.of special marranty, for the price named to the purchasers and, upon his approval of said deed. the Mayor and the City Clerk are authorized, respectively to execute and attest it, for and on behalf of the City, and the City Attorney thereafter is authorized to deliver it to the purchasers or to ~homsoerer they may direct in exchange for the full purchase money. The notion Has seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, pollard, ~heeler. Young and Mayor Stoller ............................ 7. NAYS: None ...................O. FIRE DEPARTMENT: Council having directed the City Attorney to prepare the proper amendment to subsection (e) of Secti0~ 11. Chapter 3. Title II, of The Code of the City of Roanoke, 1956, relating to office hours and holidays for citI enployees, to provide that each member of the Fire Department ~ho ~orhs on t~enty- four hour shifts shall receive three days off per month and each dispatcher shall 233 receive seven days off per monthln lieu of Saturdays, Sundays and holidays, effectiv January 1, 1964, he presented same; whereupon. #r. Jones moved that the following Ordinance be placed upon its first rending: (o1s4S2) AN ORDINANCE amending and reordaining subsection (e), Section Il. Chapter 3, Title Il. of The Code of the City of Roanoke. 1956, as amended. relating to the eaployees of the Fire Department and of the Police Department. to provide for an additional day off per month for employees of the Fire Department in lieu of Saturdays. Sundays and holidays, said ordinance to be effective as of the 1st day of January. 1964. BE IT ORDAINED by the Council of the City of Roanoke that subsection (e). Section 11. Chapter 3. Title XX. of The Code of the City of Roanoke. 1956. as amended, be. and said subsection is hereby, amended and reordalned so as to read and provide as follows: (e) Each member of the fire department mbo works on twenty- four-hour shifts shall receive thirty-six days off per year divided monthly as equal as is feasible and each dispatcher shall receive seven days off each month in lieu of Saturdays. Sundays and holidays. The city manager shall arrange and establish a forty- hour work week for all employees of the police department of the city, using such personnel as is presently employed or may, from time to time. be authorized for employment in said departwent. gE IT FURYIIER ORDAINED that this ordinance shall be in full force and effect on and after the 1st day of January, 1964. Yhe motion was seconded by Mr. Young. In a discussion of the Ordinance, Rt. Garland voiced the opinion that the firemen should be given another additional day off each month in 1965 and moved that the Ordinance be amended to provide further that each member of the Fire Department who ~orks on twenty-four hour shifts shall receive four days off per month and each dispatcher shall receive eight days off each month in lieu of Saturdays. Sundays and holidays, effective January 1, 1965. The motion was seconded by Mr. Dillard. In a discussion of the motion, Mayor Stoller expressed the opinion that Council has an obligation to other municipal departments besides the Fire Department and stated that he thinks it would be highly imprudent for Council to commit itself to a further reduction in the work week of the firemen in 1965 when it has no way of knowing shat the financial condition of the city will be at that time. Mr. Young stated that he does not even know if he will be a member of Council next fall and that he refuses to commit a future Council to appropriating necessary funds to provide an additional day off per month for firemen in 1965, however, if he is a member of Council at that time he ~ill vote for a further reduction in the working hours of the firemen. Mr. Pollard stated that he is not in favor of giving the firemen another additional day in 1965 no~, but if he is on Council next year he will give favorable consideration to the matter. The motion to amend the Ordinance was lost by the following vote: AYES: Messrs. Dillard, Garland and Jones ...............................3. NAYS: Messrs. Pollard. #heeler, Young and Mayor Stoller ................4. 234 The motion to place Ordinance No. 15452 on its first reading mas then adopted by the following vote, Mayor Stoller stating that fo bls opinion the city does not have the money to employ the additional firemen required to give city firemen an additional day off per month: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Young ......6 NAYS: Mayor Stoller .......~ .... ~ .... ~ .................................. 1 INDUSTRIES-MATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure aothorizlog the lndostrial Development and Investment Company to assume the liabilities of the American Viscose Corporation nnder a lease dated July 12, lqSO, dealing with the flow of water from the Muse and Rouse Springs. he presented same. In a discussion of the matter, Mr. Young pointed out that the draft of Resolution merely substitutes the Industrial Development and Investment Company for the American Viscose Corporation and that the existing contract already provides that in the event the city should need the waters from these springs to supplement its water supply due to an emergency it shall have the immediate right to use the entire flow thereof for said purposes during the period Of any and all such emergencies. ~r. Young then offered the following Resolution: (g15453) A RESOLUTION relating to the existing contract in writing betweet the City of Roanoke and American Viscose Corporation leasing the flom of waters from Muse and House Springs to said corporation; agreeing to the substitution of Industrial Development ~ Investment Company as lessee under said contract, upon certain terms and conditions; and releasing American Viscose Corporation from further liability and obligation to the City thereunder. (For full text of Resolution, see Resolution Hook No. 26, page 402,) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler. Young and Mayor Stoller ................................ NAYS: Mr. Dillard ..........1. MOTIONS AND MISCELLANEOUS BUSINESS: STATE HIGHWAYS: Mr. E. L. Blankenship, representing property owners in the 300 and 400 blocks of Church Avenue, S. E., appeared before Council and stated it l$ his understanding that under the proposed Interstate Spur 581 project Three and one-half Street, S. E., will be closed, thereby creating a dead end at this pain on Church Avenue, and requested that Three and one-half Street be relocated in order that it may remain open. On motion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted. the request was referred to the City Manager for investigation and report to Council CITIZENS* COMMITTEE: Mr. Stuart T. Sounders having resigned as Chairman and a member of The Citizens' Committee for Greater Roanoke, as a result of moving from the city, Mayor Stoller called for nominations to fill the vacancy. 235 Mr. Young placed in nomination the name of Herman fl. Pevler. President of the Norfolk and Mestern Railmay Company. Mr, Jones moved that the nominations be closed. The motion was seconded by Mr. Mheeler and unanimously adopted. Hr. Rerman il. Pevler mas elected as a member of The Citizens* Committee for Greater Roanoke to succeed Hr. Stuart T. Saunders by the folloming vote: FOR HR. PEYLER: Ressrs. Dillard. Garland. Jones. Pollard, Mheeler. Young and Hayor Stoller ........................ On motion of Rt. Jones, seconded by Rt. Mheeler and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: City Clerk Rayor ,236 COUNCIL, REGULAR MEETING, Monday, October 28, 1963o The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, October 28, 1963, at 2 p.m** the regular meeting hour, with Mayor St*lief presiding. PRESENT: Councilmen Robert A. Garland, James E. Jones, Vincent Mheeler, Malter L. Young and Mayor Murray A. St*lief .............................. ABSENT:. Councilmen Benton O, Dillard and Roy R, Pollard, St, OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph Whittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: Zhe meeting was opened with a prayer by Dr. Harry Y. Gamble, Pastor, Calvary Baptist Church, HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council havin9 previously set a public hearing for 2 p.m., October 20, 1963, on the request of Dr. Moffett B. Bo~man, Trustee, et al** that property located on the southwesterly side of Forest Hill Aven~e, N. W., between Bowman Street and Averett Street, described as Lots 15-19, inclusive, and the adjoining 20 feet of Lot 20, Block 12, Bowman Lama, Official Tax Nos. 2060614- Z050619, inclusive, be fez*ned from General Residence District to Special Residence District, the matter was before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be granted, was before Council: *September 23, 1963 The Honorable Murray A. Stoller, Mayor and Members of City Council City of Roanoke, Virginia Gentlemen: In its September 18, 1963 meeting the City Planning Commission . considered this fez*ming request. Mr. Caldwell Butler informed the Commission that the developers of the land, OeWttt and Bullington, propose to construct an apartment building for these properties. The number of apartments would not exceed the number of dwelling units permissible under general residence zone district provisions, assuming development with duplex homes. The City Planning Commission observed that in the same block there is already in existence garden type apartment development and that the proposed structures would not be incompatible and detrimental to existing single family homes. The Planning Commission therefore recommends to City Council that the above request for rezontog be 9ranted. Respectfully submitted, S/ Nerner E, Sensbach for Harold M. Bill Chairman~ Mr. M. Caldwell Butler, Attorney, representin9 the petitioners, appeared before Council and outlined plans for development of the property if it is fez*ned. No one appearing In opposition to the proposed rezonJu9, Hr. Rheeler moved that Council concur Jn the request for rezoning and that the following Ordinance be placed upon its first reading: (~15454) 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, RBEREA$, application has been made to the Council of the City of Roanoke to have Lots 15, 16, 17, I0, 19 and the adjoining 20 feet of Lot 20 in Section 12 as shown on map of Bowman Lawn Addition of record in the office of the Clerk of the Circuit Court of Roanoke County. Virginia, and being Official Tax Nos. 2060614 - 2o6o61q, inclusive, rezoned from General Residence District to Special Residence District; and MBEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from General Residence District to Special Residence District; and RB£R£AS, notice required by Title IV, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956. relating to Zoning, has been published in ~The Roanoke: World-News,# a newspaper published in the GitI of Roanoke, for the time required by said section; and ~BEREAS. the hearing as provided for in said notice was held on the 28th day of October, 1963, at 2 p.m., before the Council of the Cltl 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 MHEREAS, this Council, after considering the evidence presented, is of 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 in the City of Roanoke described as Lots 15, lb, l?, 19 and the adjoining 20 feet of Lot 20 in Section 12 as shorn on map of Bowman Lawn Addition of record in the office of the Clerk of the Circuit Court of Roanoke County!i Virginia, designated as Official Tax Nos. 2060614 - 2060619, inclusive, be, and is hereby, changed from General Residence District to Special Residence District and tt Zoning Map shall be changed in this respect. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Garland. Jones, Rheeler, Young and Mayor Stoller .........5. NAYS: None .............................................................O. (Messrs. Dillard and Pollard absent) ZONING: Council having previously set a public hearing for 2 p.m., October 28, 1963, on the request of Mr. Barry R. Thompson, et ax., that a 4.?25-acre tract of land located at 13l~OLiber~ Road, N. E., Official Y~x No. 3250228, be rezoned from General Re'sidence District to Business District, the matter pas before the body. 237 238 In this connection, the following communication from the City Planning Commission, recommending that the request be denied, mas before Council: "September 26, 1963 The Honorable Murray A. Stoller, Mayor and Members of City Council Roanoke, Virginia Gentlemen: In its meeting of September 18, 1963 the City Planning Commission discussed for the second time the above rezonlng request. The Conmission had been Informed that a trailer court mas planned on the premises. The recommendations obtained from the City Manager and the Director of City Planning indicated that a minimum of ten acres should be provided for the development of trailer courts. Tbe Planning Commission however disregarded the issues in regord to the proposed reuse and considered only the fact that a tract ~ land located in a residential area was requested to be rezoned for Business District. Since zoning is general and not tied to a specific use, the Planning Commission decided that the proposed resuming would be incompatible with existing land uses and detri- mental to single family home development. The City Planning Commission therefore recommends to City Council to decline this resuming request. Respectfully submitted, S/ Werner K. Sensbach for Harold M, Hill Chairman~ Appearing in opposition to the request for resuming were Mr. M. T. Hylton, Mrs. F. K. Williams, Mr. John ~. Goad, Mr. Lowry S. Scyphers and Mr. R. C. Jernell, the residents objecting to a trailer court in close proximity to a park In the area, an increase in traffic which will be hazardous to children living in the area and the operation of a trailer court in a residential area. Mr. John H. Kennett, Jr** Attorney, representing the petitioners, appearel before Council and explained that in order for his client~ to apply f'or permission tn operate a trailer court on the tract of land they must first have the property rezoned for business purposes or apply to the Board of Zoning Appeals for a non- conforming permit. Everyone present having been given an opportunity to be heard. Mr. Garland moved that Council concur in the recommendation of the City Planning Commission and that the request for rezoning be denied. The motion was seconded by Mr. Jones and unanimously adopted. STREETS AND ALLEYS: Council having previously set a public hearing for 2 p.m., October 2H, 1963, on the request of Mr. Fred P. Najjum, et al., that a portion of a IS-foot alley lying between Block 6 and Block 17, Park Land and Improvement Company, north of Ballitt Avenue, S. E., and west of Third Street, $. E. be vacated, discontinued and closed, the matter was before tbe body. In this' connection, the following communication from the City Planning Commission, rec'ommending that the reques[ be 9ranted, was before Council: ~September 19, 1963 The Honorable Murray A. Stoller, Mayor and Members of City Council Roanoke, Virginia Gentlemen: In its meeting of September 18, 1963 the City Planning Commission considered the above allel closing request. 239 The Planning Commission mas informed that the NaJJums are the owners of the property on both sides of this alley, They propose to lease the premises to Armour and Company uhose present location will he vacated by the extension of a hem bridge; houever, in order to have adequate loading arrangements to the rear of the property, part of the alley is needed for a loading ramp, It was noted that the Norfolk ~ Nesters Rail- way Company has no objection to the closing of that portion of the alley which crosses the Railuay, Upon studying the matter, the Commission agreed that the closing of the alley mould not inconvenience anyone and better utilization of the property could be obtained. The City Planning Commission therefore recommends to City Council to grant the above request, the City to reserve easements which may be located therein for public utilites, Respectfully submitted. 5/ Rarold W. Hill ' Chairman~ It was also brought to the attention of Council that viewers have submitte~ a report, advising that they have viewed the said alley and are unanimously of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing sane. before Council in support of the request. Wr. Edwards advising that Hr. and Hrs. Ellis 5. Thomas, owners of the northern and southern parts of Lot 6, Hlock Park Land and Improvement Company, Official Tax Nos. 4012014 and 4012015, have requested that an additional fifteen feet of the eastern portion of the alley be left open to give them better access to their property from the alley and that his clients are willing to have the alley closed approximately 131.93 feet instead of 146.93 feet as originally requested. Everyone present having been given an opportunity to be heard, Rt. Garland and that the following Ordinance be placed upon its first reading: (~15455) AN ORDINANCE vacating, discontinuing and closing a portion of an ailsI lling between Block 6 and Block 17, according to the Rap of Park Land and Improvement Company, extending from the westerly boundary line of the right of way of the Norfolk and Nestern Railway Company in an easterly direction approximately 131.93 feet to a point 15 feet west of the intersection of Lots 5 and 6. Block 17, P. L. ~ I., and being 15 feet in width. NREREA$. in accordance with a petition, viewers were appointed by Council to view the property and report in writing what inconvenience, if any, would be in vacating, discontinuing and closing the alley above referred roi and WHEREAR, it appears from the report in writing filed mlth thc City Clerk and affidavit of three of tbs viewers appointed by Resolution No. 15394, adopted September 9, 1963; namely, Jo Tats HcRroom, Nilltam P. Wallace and J. H. HcBronn, that no inconvenience would result, either to any individual or to the public, from vacating, discontinuing and closing that portion of the said alley above described, to which report no objections have been filed; and 24O WHEREAS, the City Planning Commission. by a report dated September 29, 1963, advised the City Council that it would be feasible t~ close and rncate that portion of the 15-foot alley aforesaid end that the closing would not inconvenience anyone and better utilization of the property could be obtained; end WHEREAS° notice was published in NThe Roanoke World=News* on October lie 1963, setting a pnbllc hearing for 2 p.mo, October 28t 1963, at which public no one appeared in opposition; and WHEREAS. the petitioners have agreed to bear and defray the costs and expenses incident to the closing of the said alley. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke, Viegini~ that that portion of an alley lying between Block 6 and Block 17, according to the Map of Park Land and Improvement Company, extending from the uesterly boundary line of the right of way of the Norfolk and Western Railway Company in an easterly direc-' tion approximately 131.93 feet to a point 15 feet west of the intersection of Lots 5 and 6, Black 17. P. L. ~ I., and being 15 feet in width, all within the City of NAYS: None ............................................................. 241 In this connection, the following communication from the City Planning Commission, recommending that the request be granted, mas before Council: "September 23,-1963 The Honorable Murray A, Stoller, Mayor, and Hembers of City Council City of Roanoke, Virginia Gentlemen: In its September IH, 1963 meeting the City Planning Commission considered the above alley closing request. Hr. Linaood Holton, attorney for the petitioners, explained that the closing of the alley would permit the Hertz Corporation to make better os* of their property. The City Planning Commission in its deliberations noted that there ~ is no indication for future need of this alley for circulation for other public use and that closing of this alley would be consistent with past practice of closing public ways where no need exists. The City Planning Commission therefore recommends to City Council that said alley be vacated, discontinued and closed, the City retaining easements necessary for public utilities. Respectfully submitted, S/ Nerner K, Sensbach for Harold W. Hill Chairman" l't was also brought to the att*mt'ion of Council that viewers have submitted a report, advising that they have viewed the said alley and 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. A. L'inwood Holton, Jr., Attorney. representing th'e petitioner, appeared before Council in support of the request of his client. No one appearing in opposition to the request, Hr. Wheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~15456) AN ORDINANCE permanently vacating, discontinuing and closin9 all that certain alley, of 14 feet in width, lying between the easterly side of Wllliamson Road, N, E., and the westerly side of Second Street, No E., abutting the south line of Lot No. 3012905, as shown on Sheet 301 of the City of Roanoke Tax Appraisal Map, in the City of Roanoke, Virginia. WHEREAS, The Hertz Corporation has heretofore filed a petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting said Council to permanently vacate, discontinue and close all that certain alley, of 14 feet in width, lying between the easterly side of Wllliamson Road, N. E** and the westerly side of Second Street, H. E., abutting the south line of Lot No. 3012905, as sho~n on Sheet 301 of the City of Roanoke Tax Appraisal Map, in the City ~f Roanoke, Virginia, of the filing of mhich petitition due notice was given to the p~blic as required by lawl and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by the Council on the qth day of September, 1963. to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said alley; and 242 NHEREAS, it appears from the nrltten report of said viemero filed with the City Clerk on October 3, 1963, that no inconvenience mould result either to any individual or to the public from permanently vacating, discontinuing and closing said alley; and MHEREAS, Council at its meeting on September 9, 1963, referred the petition to the City Planning Commission, which Commission by its report dated September 23, 1q63, amd filed mith Council, recommended that the petition to vacate, discontinue and close the above described alley be approved; and NHEREAS, a public hearing was held on the question before the Council at its regalar meeting on October 28, 1q63. after due and timely notice thereof published in The Roanoke Norld-News, at which hearing ali parties in interest and citizens sere afforded an opportunity to be heard On the question; and RHEREA$, from all of the foregoing, the Council considers that no inconvenience Hill resolt to any individual or to the public from permanently vacating, discontinuing and closing the alley, as applied for by the petitioner, and that, accordingly, said alley should be permanently closed, THEREFORE, BE IT ORDAISED by the CounCil of the City of Roanoke that all that certaio alley, of 14 feet in sidth, located in the City of Roanoke, Virginia, and lying between the easterly side Of Nilliamson Road, No E., and the westerly side of Second Street, N. E., abutting the south line of Lot No. ~012905, as shown on Sheet ~0! of the City of Roanoke Tax Appraisal Map, be, and it hereby is, permanently vacated, discontinued and closed; and that all right, title and interes! of the City of Roanoke and of the public in and to the same be, and they hereby are, 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 maintenances repair and replace- ment of any storm drain, sewer or water line, or any other municipal installation, if any, now located in said alley. BE IT FURYHER ORDAINED that the City Engineer be, and he hereby is, directed to mark "permanently vacated" on said alley on all maps and plats on file in his office on which said alley is 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. RE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of Roanoke. Virginia, 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 mhich are shown said alley, as provided by law, and that, if so requested by any party in interest, he may record the same in the deed book in his office indexing the same in the name of the City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs, Garland, Jones, Wheeler, Young and Mayor itoller ........ NAYS: None ............................................................O. (Messrs. Dillard and Pollard absent) 243 PETITIONS AND COMMUNICATIONS: BRIDGES: Council having awarded a contract for the construction of a reinforced concrete slab to replace the present timber deck on the Thirteenth Street Bridge over the trocRs of the Norfolk and Mos*era Railway Company to the Sou*hues* Building Corporation, n communication from Mr. Bodney G. Nicholls. Vice President- Secretary, Southwest Building Corporation, requesting that · one-way traffic signal system with a manual switch for all stop be installed on Thirteenth Street at the location of the bridge for the duration of the project, was before the body. The City Manager verbally recommending that the request be granted, 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 estimated cost of $500 for the installation of the traffic signal system to be borne by the Southwest Building Corporation. The motion was seconded by Mr. Mheeler and unanimously adopted. LICENSES: Communications from Mrs. Carson P, Stiff, Jr., President, Brentwood Garden Club, and Mrs, George T. Ellis, Jr., President, Mill Mountain Garden Club, requestin9 that tax relief be given to worthy religious, charitable and civic organizations in order that they may conduct fund raisin9 projects at a nominal, reasonable license tax, or that a special permit be 9ranted such organizations, before Council. In this connection, the City Attorney submitted a verbal report that )ursuant to the direction of Council he has obtained from the City of Hampton, Virginia, a copy of its law imposing license taxes on tho sale of commodities at retail for charitable or religious purposes and that in his opinion it is not applicable to the situation in Roanoke, the City Attorney advising Council that be has requested Mr. A. W. Gilbert, Deputy Commissioner of the Revenue. to appear before the body and explain the policy of the state in such instances, Mr. Gilbert explained that even though Council might grant tho tax relief requested the organizations would still be subject to state taxes and in his opinion[i any relief considered should begin with a change in the state law by the General Assembly. Nr. Eugene S, Brown appeared before Council find stated if the church and fraternal organization of which he is a member are required to pay license taxes on their fund raising projects such activities would be seriously hampered. Rt. Brown was informed that the present question deals with the selling of merchandise in fund raising projects and that certain types of fund raising projects are exempted by city and state law. After a lengthy discussion of the matter, Mr. ~heeler moved that the communications from the Brentwood Garden Club and the Mill Mountain Garden Clubt as well as any additional communications received on the subject, be referred to the T2x Study Committee for study, report and recommendation to Council, including 244 nhether or not Council should request the General Assembly to amend the state lam covering fund raising projects by. such organizations. The motion was seconded by Mr. Young and unanimously adopted. Rfth further reference to the matter, the City Attorney advised that he has given consideration to preparing an Ordinance pernitting bona fide religious Institutions. charitable organizations and non-profit organizations la Roanoke to conduct rummage sales, bake salese etc. t for a period not to exceed twenty-four h,nfs, without a license, provided the proceeds from such sales are turned over to charity or are used by the organization to defray its ,un expenses, and that he will furnlsh copies of the draft of the proposed Ordinance to the members of Counci: and the Tax Study Committee when it is completed. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending that street lights be installed at various locations in the city. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (#15457) 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. 26, page 404.) Mr. Garland moved the adoption of the Resolution. The motion was secoudei by Mr. Wheeler and adopted hi the following vote: AYES: Messrs. Garland, Jones. Wheeler, Young and Mayor St.lief ......... NAYS: None .................................................... ~ ........ O. (Messrs. Dillard and Pollard absent) BUDGET-CITY GARAGE: The City Manager submitted a written report, trans- mitting a request of the Superintendent of the City Garage that $1,000 be transferr, from Repair Parts - Equipment to Operating Supplies and Materials under Section "Garage," of the 1963 budget. The City Manager verbally recommending that the SI,DO0 be transferred as requested, ir. Rheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance. (~15459) AN ORDINANCE to amend and reordain Section ~99, "Garage," of th~ 1963 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 405.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Wheeler, Young and Mayor Stoller ........ ~AYS: None ........... .................................................O. (Messrs. Dillard and Pollard absent) BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a writte report, transmiiting a request Of the Director of the Department of Public Welfare 245 that $30,000 be appropriated to Fees for Professional and Special Services under Section #$0** *Hospitalization** and that $10500 be appropriated to Medical uud Housekeeping Supplies under Section ssi, *City Physician** of the 1963 budget. The City Manager verbally recommending that the funds be appropriated as requested, Mr. Garland moved that Council concur in the recommendation of the City M~nager and offered the following emergency Ordinance: (m15459) AN ORDINANCE to amend and reordain Section sSO, *BospitallzatJon and Section ~51, *City Physician** of the 1963 Appropriation Ordinance, and pro- viding for an emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 406°) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Nheeler. Young and Mayor Stoller NAYS: None .............................................................O. (Messrs. Dillard and Pollard absent) BUDGET-DOGS-POLICE DEPARTMENT: The City Manager submitted a written report, recommending that $150 be appropriated to Other Equipment - New under Sectiom uGO, *Police Department,~ of the 1963 budget, to provide for the purchase of a tranquilizer gun to be used in catching stray dogs. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance:. (m1S460) AN ORDINANCE to amend and reordain Section gGO, *Police Depart- men*,~ of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 406.) Mr. Nheeler and adopted by the following vote: AYES: Messrs, Garland, Jones, Wheeler, Young and Mayor Stoller ......... NAYS: None ............................................................. 0o. (Messrs, Dillard and Pollard absent) LIBRARIES: Council havin9 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, at a rental of $272.50 per month, said agreement being renewable for additional periods of slx months unless and until terminated, the City Manager submitted a written report, recommending that the monthly rental be increased to $370.15. effective January 1, 1964. After a discussion of the matter, the City Auditor explaining, in reply to a question raised by Mr. Jones. that Council will not be committing itself to an additional appropriation to the library budget for next year since the library maintains sufficient funds Jn its budget for both the purchase and rental of books. Mr. Young 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. Mheeler and unanimously adopted. 246 DONATIONS-STREET5 AND ALLEYS: The City Manager submitted a ~ritten report, advising that Mr. and Mrs. JJmm, ie A. Rhfttake~ and Mr. and Mrs.. Murd Aliff hare offered to donate to the city necessary land to straighten the street line at Keene Street and Goifside Avenue, N. M., and recommended that the offers be accepted. Mr. Rheeler 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 Mr. Garland and unanimously adopted, ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. G. G. Fralin that property located on the northeast corner of Colonial Avenue and Twenty-first Street, $. M., described as Lots I and 2, Block 4, Colonial Heights, Official Tax Nos. 1271301 and 1271302, 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 hearin9 on the matter be held at ?:30 p.m., December 2, 19~3. The motion was seconded by Mr. Garland and unanimously adopted, ZONING: Council havin9 referred to the City Plannin9 Commission for study, report and recommendation a request of Mr. Aubrey G. Dudley that property located on the northeast corner of Orange Avenue and Eighteenth Street, N. described as Lot g, Block 58, Melrose Land Company. Official Tax NOd 2220808, be rezoned from General Residence District to Business District, the City Planning Commission submitted the following report: 'October 21, 1963 The Honorable Murray A. Stoller, Mayor and Members of City Council City of Roanoke. Virginia Gentlemen: In its October 16, 1963 meeting the City Planning Commission considered the above rezoning request. After studying pertineot maps of existing land ose and having made inspections of the location, the City Planning Commission concluded that the area under consideration is basically resi- dential in character. Therefore. rezontng as requested from General Residence District to Business District would constitute spot zoning and would be detrimental to existing property values. The Planning Commissioo also took cognizanc~ of a letter received from an adjacent propeFty owner opposing the request. A copy of this letter is enclosed with this communication. The City Plannin9 Commission therefore recommends that the above rezoning request be denied. Respectfully submitted, S! ~erner Ko Sensbaoh for Harold ~. Hill Chairman' Council being advised that Mr. Dudley does not desire a public hearing On the matter, Mr. Garland moved that the request for rezoning be denied. The motion was seconded by Mr. ~heeler and unanimously adopted. 247 REPORT5 OF COMMXTTEESx PURCHASE OF PROPERTY: Council having referred to a committee for study, report and recommendation the offer of City Rescue Mission, Incorporated, to sell to the City of Roanoke its lot located on the north side of Salem Avenue, S. east of First Street, described as Lot 45, Rlock 5, Roanoke Land and Improvement Company, Official Tax No. 4010212. for the sum of $10,000, the committee submitted the following report: *October 22, 1963. To the Council of the City of Roanoke, Roanoke, Virginia. Gentlemen: The undersigned committee has looked at and investigated the lot located on the north side of Salem Avenue, S. £** east of First Street, belonging to the City Rescue Mission, Incorporated. This lot they offered to us for sale at the price Of $10,000 adjoins our present parking lot on Salem Avenue. The committee feels it would be wise to purchase this lot and add it to our present parking lot. The additional fifteen spaces which ~e can meter will be able to take care of the purchase price of the lot. recommend the purchase immediately. Respectfully submitted, 5/ Benton O. Dillard Benton O. Dillard, Chairman, S/ Walter L. Young Walter L. Young, S/ Vincent $. Wheeler Vincent S. Wheeler.# Mr. Young 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. D£PO$1TORIE$: The committee appointed to study the question of the percentage of city fends to be deposited in local banks submitted the following report: "October 24, 1963 The Council of the City of Roanoke Roanoke, Virginia Gentlemen: You referred to the undersigned committee for study and recommendation the question of possible changes in Section 1, Chapter 3, Yltle 5 of the City Code which establishes depositories Of city public funds and allocates such funds on a percentage basis among such depositories. After a careful study of the matter we have concluded that the formula of allocating funds to the various banks based upon the bank stock taxes paid the city is fair and equitable. Bowever, it is impossible for the Yreasurer to keep funds in the banks at a level to maintain a fixed percent of the total. We have therefore recomputed the ratio of deposits on this basis and provided u reasonable spread ~o allow for daily fluctuations in balances. · We further concluded that the Security National Bank should be added to the list of designated depositories and have included it in our calculations referred to above. 248 The City Attorney baa prepcred an ordinance amending the City Code which ue recommend you adopt and mhlch will carry out our recommendntiOnSe Respectfully submitted, 5/ Vincent $. Nheeler Vincent B. Nh*el*r, Chairman 5/ Roy B. Pollard Roy R. Pollard 5/ Baiter L. Young Baiter L, Young' In this connection, Rr, £, GriffJth Dodson, Jr., Attorney, and Mr. Lewis Thomas, Vice President, representing The Bank of Virginia, appeared before Council, Mr, Dodson objecting to basing the percentages on the amount of bank stock taxes paid by local banks to the City of Roanoke, pointing out that The Bank of Virginia has been a corporate citizen of Roanoke since 1928, has been the leader in consumer loans for individuals, has an annual payroll in excess of a half million dollars and real estate investment of a like amount, and voicing the opinion that the lendin9 power of a bank and the security of all of frs deposits are more important to local industries and citizens than the amount of deposits made In the city, Br. Dodson outlining the systems used in the other Virginia cities in which The Bank of Virginia does business and obJectin9 to allocating five to eight per cent to the newly organized Security National Bank and giving The Bank of Virginia an allocatio~ of three to five per cent as grossly unfair. Br. Dodson urging that a system by which the deposits of public funds would be fairly shared and which would be more becoming to a progressive city like Roanoke be adopted. In a discussion of the matter, the City Auditor voiced the opinion that th question is largely academic since the city no longer deposits large sums with local banks, but invests its available funds in interest bearing securities. After a further discussion of the matter, Mr. Nheeler moved that Council concur in the recommendation of the committee and that the following Ordinance be placed upon its first reading: (~15461) AN ORDINANCE amending and reordalning Sec. 1. *Designation* of Chapter 3, *Public Depositories* of Title V. *Finance* of The Code of the City of Roanoke, 1956. BE iT ORDAINED by the Council of the City Of Roanoke that Sec. *Designation* of Chapter 3. *Public Depositories* of Title V. *Finance* of The Code Of the City of Roanoke, 1956, be, and said section is hereby, amended and reordained so as to read and provide as follows: Sec, 1. Desiqnation, The following named banks are hereby designated as depositories for all publtcmoneys of the city. which may be subject to current withdrawal on check, and all such revenues of the city shall be currently deposited in the depositories hereinafter designated at the rate of per cent shown opposite the banks indicated, to the total of all current checking funds so deposited: First National Exchange Bank of Virginia ............... 40~ to Colonial-American National Bank of Roanoke ............... 18~ to Mountain Trust Bank ............ 13~ to lg~ Security National Bank of Roanoke ..... 5~ to 8~ Bank of Virginia ............. 3~ to 249 or as closely approximate thereto as may be practical, The aborn-named banks are hereby also designated aa depositories tar any part of or all city funds, The motion mas seconded by Hr, Young, Mr. Jones stated he does not think the proposed percentages are fair and offered a substitute motion that the matter be referred back to the committee for further study. The motion failed for lack of a second, Mayor Stoller relinquished the Chair and moved that the Ordinance be omended to provide for a ratio of five months for the First National Exhange Bank of Virginia. three months for the Colonial-American National Bank of Roanoke tho mnnths for the Rountain Trust Bank, one month for the Security National Bank of Roanoke and one month for The Bank of Virginia. Fhe motion failed for lack of a second. The motion to place Ordinance No. 15461 upon its first reading was then adopted by the following vote: AYES: Ressrso Mheeler. Young and Rayor 5toller ........................3. NAYS: Yessrso Garland and Jones .......................................2. (Messrs. Dillard and Pollard absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SALE OF PROPERTY: Ordinance No. 15451, providing for the sale of propert[ located in the 1600 block of Laurence Avenue, S. E,, described as Lot 14, Block 10, Waverly Place, Official Tax No. 4230419, to Mr. and Mrs. M. U. Church for $250, having previously been before Council for its first reading, read and laid over, Has again before the body, Mr. Young offering the following for its second reading and final adoption: {#15451) AN ORDINANCE accepting the offer of Mr. and Mrs. to purchase Lot 14, Block 10, Waverly Place, Official Tax No. 4230419, for $250.00. the conveyance to be dated January l, 1964. (For full text of Ordinance, see Ordinance Book No. 26, page 403.) Mr. Young moved the adoption of the Ordinance. ?he notion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrso Garland. Jones, Wheeler. Young and Mayor Ytoller ........ NAy5: None ............................................................O. (Ressrs. Dillard and Pollard absent) FIRE DEPARTMENT: Ordinance No. 15452. amending subsection (e) of Section 11, Chapter 3, Title II, Of The Code of the City of Roanoke. 1956, relating to office hours and holidays for city employees, to provide that each member of the Fire Department who works on twenty-four hour shifts shall receive three days off per month and each dispatcher shall receive seven days off each month in lieu Of 25O Saturdays, Sundays. and holidays, effective January 1, 1964, having previously been before Council for its first reading, read and laid over, nas again before the body, Mr. Nh*clef offering the folloming for its second reading and final adoption: (n15452) AN ORDINANCE amending and reordalning subsection (e), Section 11, Chapter 3. Title II. of The Code of the City of Roanoke, 1956, as amended, relating to the employees of the Fire Department and of the Police Departuent, to provide for an additional day off per month for employees of the Fire Department in lieu of Saturdays, Sundays and holidays, said ordinance to be effective as of the 1st day of January, 1964. (For full text of Ordinance, see Ordinance Book No. 26, page 404,) Mr. MAe*let moved the adoption of the Ordinance, The motion was seconded by Mr. Youn9 and adopted by the follomin9 vote: AYES: Bessrs. Garland, Jones, Mheeler and Young .......................4, NAYS: Mayor Stoller ...................................................1. (Hessrs. Dillard and Pollard absent) PARKS AND PLAYGROUNDS-JUNIOR CHAMBER OF COMMERCE: Council having directe( the City Attorney to prepare the proper measure permitting the Roanoke Junior Chamber of Commerce to continue operation of the miniature train in the ChJldren*s Zoo on Bill Mountain for an additional period of ten years, under certain terms and conditions, he presented same; whereupon, Mr. Mheeler moved that the following Ordinance be placed upon its first reading: (~15462) AN ORDINANCE to amend and reordatn Ordinance No. 13416, adopted by this Council on the 14th day of July, 1958, entitled: "AN ORDINANCE to amend and reordain Ordinance No. 12480, adopted by this Council on the 6th day of September, 1955, entitled. *AN ORBINANCE to amend and reordaln Ordinance No. 11525, adopted by this Council on the llth day of August, 1952, entitled, "AN ORDINANCE authorizing the Roanoke Junior Chamber of Commerce to install and operate a miniature train in the Children*s Zoo area on Mill Mountain upon certain terms and conditions.'*' WHEREAS, in accordance with the provisions of Ordinance No. 13416, adopte* by this Council on the 14th day of July. 1958, and the previous ordinances amended and reordained thereby, the Roanoke Junior Chamber of Commerce, (hereinafter referr4 to as *Junior Chamber'), has installed and operated a miniature train in the Childrea*s Zoo on Mill Mountain since 1952; and NHEREAS. the Junior Chamber and the catI of Roanoke. (hereinafter called the 'City*), are mom sharing equally in the net income resulting from the operation of the aforesaid mioiature train; and KBEREAS. pursuant to Ordinance No. 13416, the Junior Chamber is obligated to convey the miniature train and all accessories to the City daring the year 1964; and MHEREAS, (he Junior Chamber is desirous of continuing to operate the miniature train in the Chlldren*s Zoo on Mill Mountain and is willing to repair and improve the miniature train and its accessories so as to make the future operations more profitable and a greater asset to the City; and HHEREAS, this Council is agreeable to permitting the Jenior Chamber to continue operating the aforesaid miniature train on Hill Mountain to the extent and upon the terms and provisions hereinafter provided, THEREFORE, HE IT ORDAINED by the Council or the City of Roanoke that Ordinance No. 13416, adopted on the 14th day of July, 1958, relating to the installation and operation of a miniature train in the Childrents Zoo area on Hill Mountain, be, and the same hereby is, amended and Fan.aimed so ~ to read as follows: 1. That the Roanoke Junior Chamber of Commerce bet and it hereby is, for the time being, authorized to retain title to and continue operating the miniature train in the Children*s Zoo area on Rill Rountain upon a location approved by the City Manager and upon the terms and conditions hereinafter set forth. 2. That the Junior Chamber is hereby authorized to make ~nd collect reasonable charges from those electing to ride upon said miniature train. Such income shall be divided equally between the City and the Junior Chamber after a deduction of all reasonable and necessary expenses approved by the City Manager; and the City Manager is expressly authorized to approve as an expense item a ten per cent (10~) reserve for depreciation. 3. That the Junior Chamber will, with the advice and consent of the City Manager. repair, improve and expand the miniature train operation. 4. That the Junior Chamber, in co-operation with the City*s Department~ of Parks and Recreation, shall have the responsibility and authority for determining thc hours of the tratn*s operation, duration of its season, the price of the train fare, the promotional features thereof and all general details of the operation of the project. An operator for the train shall be employed by the City*s Department of Parks and Recreation, and his salary shall be agreed upon between the City Manager and the Junior Chamber. The salary of the operator shall be deemed a necessary operating expense for purposes of paragraph 2, above. 5. That the Junior Chamber shall obtain all such protective insurance,~ wherein the City shall be named an additional insured, in connection with the project as may be prescribed by the City Manager, certificates of such insurance to be deposited with and kept on file by the City Clerk, the cost of the premiums for such insurance to be considered a necessary operating expense as that term is referred to in paragraph 2, above. 6. That the Junior Chamber be, and it is hereby, authorized to operate the aforesaid miniature train in the Children*s Zoo on Mill Mountain and the capital improvements thereto which may subsequently be added on the terms set forth herein for a period of ten (10) years from the date upon which this ordinance becomes effective. At the end of ~aid ten (10) year period, the Junior Chamber will transfer and convey to the Citl, free and clear of liens or encumbrances, good and complete title to the miniature train and all improvements and accessories heretofore and hereafter added thereto, for a nominal consideration of One Dollar ($1.00) and of the authority heretofore given said Junior Chamber. 252 ?. The City expressly reserves the unconditional right to terminate the mithin authority and all rights'and privileges of the permittee hereunder at any time hereafter, such termination to be effected by an ordinance adopted by the Council of the City declaring such termination, In the event the within authority of the Junior Chamber to operate said train is terminated prior to the expiration of ten (10) years from the date opoe mblch this ordinance becoaes effective, as herein provided, the Junior Chamber shall cause to be transferred to the City for a nominal consideration of $1,00, cash, title to all such equipment accessories and improvements as were installed in use prior to the passage of this ordinance and, in addition, the City may, at its election, purchase and acquire from said Junior Chamber title to all equipment. accessories and improvement which may have been added to said miniature train installation subsequent to the passage of this ordinance, ut a price equal to the then depreciated value of such subsequently installed property, 8. That, before the extension of time hereinabove provided shall become effective, the Junior Chamber shall evidence its agreement to be bound by the terms and conditions hereof by causing its signature and seal to be affixed to the original and a duly attested copy of this ordinance by its proper officers. The motion was seconded by Rr. Young and adopted by the following vote: AYES: Messrs. Garland, Jones, ~heeler, Young and Mayor Stoller ......... 5. NAYS: None ............................................................. O. (Messrs. Dillard and Pollard absent) EASEMENTS-APPALACHIAN POWER COWPAN¥: Council having deferred action on a proposed Ordinance, providing for the conveyance of a 40-foot wide easement along Virginia Secondary Route ?dO to Carries Cove to the Appalachian Power Company for the purpose of erecting and maintaining lines for electric power transmission to other properties at a consideration of $1.00, tn order that the City Manager night ascertain the amount received from the Appalachian Power Company by other property o~ners in the vicinity for easements Over their lande the Ordinance was again before the body. The City Manager submitted a verbal report that the Appalachian Power Company desires to e~ect a distribution line, not a transmission line, over five tracts of land and that the other property owners are being paid one dollar bi the power company for easements over their land. Wt. Wheeler moved that Council concur in the recommendation of the City Ranager and that the following Ordinance be placed upon its first reading: (~15463) AN ORDINANCE providing for the City's conveyance of a perpetual right of way and easement for a certain electric power line or lines over a portion of its Carries Cove water supply property on State Secondary Route T40, in Roanoke County, Virginia. WHEREAS, Appalachian Power Company has requested ~hat the City provide said company with perpetual easement for a 40-foot wide electric power line right 253 of way, npproximately,123Y feet in leegtb, orer certain of tbe City's Carries Cove Nater snpply property bereleafter described, situate on both aides of Route ?40 iff Roanoke County, for · nominal eoosideretion of $1.OOo cash, and has sebmitted to the City through the City Manager a proposed deed of easement therefor and has tendered paymeet of tbe.$1.O0 cash consideration recited therein; and MNEREAS, the City Manager has recommended that the Council authorize and direct the conveyance of said easement as requested, advising the Council that the easement will in au way conflict or interfere with the City's use of its said property for public water supply purposes. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, and upon approval thereof by the City Attorney. to execute and deliver to Appalachian Power Company a deed uhereby said City would convey to Appalachian Power Company a perpetual easement and the right, privilege and anthority to construct, operate and maintain an electric power line or lines upon, over, through or across said City*s land situate on State Secondary Route 740 in Roanoke County. Virginia. within a 40-foot wide right of way approximately 1237 feet in length, the center line of said right of way being on the ~est side of said Route 740, approximately 10 feet from the west right of way line of said road and extendiw in a northeasterly-southwesterly direction along said road right of way as is shown on a certain sketch prepared by Appalachian Power Company. a copy of which is On file in the office of the City Clerk; the aforesaid conveyance to be made to said company in consideration of the sum of $1.00. cash, to be paid to the City. The motion ~as seconded by Mr. Garland and adopted by the following vote: AYES; Messrs. Garland, Wheeler, Young and Mayor Stoller .............. 4. NAYS: None ........................................................... O. (Messrso Dillard and Pollard absent, Mr. Jones not voting) MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET: Mr. Wheeler stated it is him understanding the School Board has not as yet submitted its budget request to the Budget Commission. also. that two members of Council will be absent for two weeks, and moved that the City Attorney be directed to prepare the proper measure extending the date for submission by the Budget Commission of the proposed 1954 budget from.November I to November 10, 1953. The motion was seconded by Mr. Garland and unanimously adopted. On motion of Mr. Jones. seconded by Mr. Wheeler and unanimously adopted. the meeting sas adjourned. APPROVED City Clerk Mayor 254 The Coaacil of the City of Roanoke met in reg,lar meeting in the Council Chamber in the Maaicipal Dnildiag, Monday, November 4, 1963, at ?:30 p.m., with Mayor Stollev presiding. PRESENT: Councilmen Robert A. Garland, James Eo Jones, Roy R. Pollard, Sr., Yinceat S. Mbeeler and Mayor Mnrray Ao Stoller ............................. 5. ABSENT: Councilmen Benton O. Dillard and Maltev L. Young ............2o OFFICERS PRESENT: Mr. Arthur S. Ouens. City Manager, Mr. James N. Klncanon. Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INYOCATION: The mecting was opened mi~a prayer by the Reverend Alan O. Tlnnerstet. Minister of Education. First Church of God. MINUTES: Copies of the minutes of the regular meetings of October 14. 21 and 28. 1963, having been furnished each member of Council, on motion of My. Pollard seconded by Mr. Garland and unanJmousl~ adopted, the readlag thereof was dispensed mlth and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement ~or bids on supplying one electrically-operated telescopic crane (truck-mounted type) equipped with a hydraulic system or screm lift for raising and lowering the boom to the Department of Parks and Recreation, said proposals to be received by the City Clerk until 5:00 p.m., Monday, November 4, 1963, and to be opened at ?:30 p.m.. before Council. Mayor Stoller asked if there was anyone present who did not fully under- stand the advertisement, if there was anyone present ~ho bad been denied the privilege of bidding, ov 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 aitb the opening of the bids; ~bereapon, the City Clerk opened and read the folloaiag bids: P. A. Radocy ~ Sons, ]ncorporated. $ 5.340 Baldwin-Ward Manufacturing Company. Incorporated S,68S Arlo Industries. Incorporated 6,150 Mr. Mheelev moved that the bids be referred to a committee composed of Messrs. James E. Jones, Chairman. Paul L. Routt and Bue£ord B. Thompson for tabulation and report to Conncili.the City Attorney to prepare the proper measure accepting the proposal of the lo.est responsible bidder., The motion ~as seconded by Mr. Garland and unanimously adopted. STREETS AND ALLEYS: Council having previously set a public hearing for ~:30 p. m.. November 4. 1963, on the request of Mr. Andrew F. Belcher, et al., that an alley running through Block 1. Section 3. Kenwood Addition. between Baldwin Avenue and Dale (Dunkirk) Avenue, N. E., parallel ~ith Conway Street and Bibb Street, be vacated, discontinued and closed, the matter Has before the body. 255 In this connection, the follomingcommuoication from the City Planning Commission, recommending that the request be granted, nas before Council ' October 3, 1963 The Ronorable Hurray A. Stoller. Wayoro and Remhers of City Council City of Roanoke. Virginia Gentlemen: In its October 2, 1963 meeting the City Planning Commission con- sidered the above said alley closing request. The Commission was informed by Hr. Darnall. attorney for the petitioners, that the petitioners'intend to add the respective portions of the closed alley to their properties Jn order to provide maintenance for the land. Previous field inspection by the City Planning Commission showed that the alley has never been opened and paved. Because of the topography of the land and the arrangement of streets, there is no demonstrated need to retain this alley in the public street system. The City Planning Commission therefor~ recommends to City Council that the above alley be vacated, discontinued and closed, the City retaining necessary easements for public utilities. Respectfully usbmltted; S/ Werner K. Sensbach Ilarold W. Hill Chairman* Council having appointed viewers to study the matter, the viewers submitted their report, advising that they bare viesed the premises and have found that no inconvenience would result to any individual or to the public b} formally vacating, discontinuing and closing said alley. Mr. Thomas M. Daroall, Attorney, representing the petitioners, appeared before Council In support of the request. No one appearing in Opposition to the request, 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; (m15464) AN ORDINANCE permanently vacating, discontinuing and closing that portion. ~f that certain alley located in the City of Roanoke, Virginia, that divides the block bounded on the north by Baldwin Avenue; on the east by Bibb Street; on the south by Dunkirk (Dale) Avenue; and on the west by Conway Street, said alley running north and south in said block, the same being known as Block No,!i 1, Section 3, Kenwood Addition. WHEREAS, Andrew F. Belcher, Elsie M. Ronk, Ilelen E. Brown, Dudley A. Lumsde.n, Louise F. Hogan and Roy C. Paitsel have heretofore filed a petition before the Council of the City of Roanoke, Virginia, in accordance with law, requesting said Council to permanently vacate, discontinue and close that certain alley above described, of the filin9 of which 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 16th day of September, 1963, to view the property 256 iud to report in u~lting whether in thei~ opinion any inconvenience would result from permanently vacating, discontinuing and closiog said alley; and ~HEREAS, it appears from the written report of said vleuers filed with the City Clerk on October 29, 1963, that no inconvenience mould result either to any individual or to the public from permanently vacating, discontinuing and closing said alley: and WHEREAS. Council at its meeting on September 16. 1963, referred the petition to the City Planning Commission. which Commission by its report dated October 3, 1963, and filed mlth Council, recommended that the petition to vacate, JdJscontinue and close the ~hov~ described alley be approved: and WHEREAS, a public hearing was held on the question before the Council at its regnl~r meeting on November 4, 1963, after due and timely notice thereof published Jfl The Roanoke World-News, at which hearing all parties in interest and citizens Here afforded an opportunity to be beard on the question; and WDEREAS, from ali of the foregoing, the Council considers that no inconvenience will result to any individoal or to the public from permanently vacating, discontinuing and closing the alley, as applied for by the petitioners, and that. accordingly, said alley should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City Of Roanoke that all that portion of that certain alley located in the City of Roanoke, ¥irginia, that dirides the bloch bounded on the north by Oaldwin Arenue; on the east by Bibb Street on the south by Dunkirk (Dale) Avenue; and on the west by Conway Street, said alley Furman9 north and south in said block, known as Block No. !, Section 3, Kenwood Addition. be. and it hereby is 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 sane be, and they hereby are, 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 any storm drain, sewer or water line, or any other municipal installation, if any, now located in said alley. DE IT FURTHER ORDAINED that the City Engineer be, and he hereby is. directed to mark 'permanently vacated' on said alley on all maps and plats on file in his office on which said alley is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanohe 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, Virginia, 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 which are shown said alley, as provided by law, and that, if so requested by any party in interest, he may record the same in the deed book in his office indexing the same in the name of the City of Roanoke as grantor and in the name of any party in interest who maT request it as grantee. 257 The motion mas seconded by Hr. #heeler end adopted by the following vote: AVES: #essrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller ...... NAYS: None ............................................................O, (Wessrs. Dillard and Voung absent) ZONING: Council baying previously set a public hearing for 7:30 November 4, 1963, on the request of Mr. Larry A. Dow that property located on the east side of South Jefferson Street, between Vellow Mountain Road and Twenty-second Street, described as Lots 1-9. inclusive. Block 67. Crystal Spring Land Company. Official Tax No. 4060601. be r,zoned from General Residence District to Special Residence District, the matter was before the body. In this connection, the following communication from the City Planning Commission. recommending that the request be granted, was before Council: "October 3, 1963 The IIonorable Uurray A. Stoller. Mayor, and Members of City Council Roanoke. Virginia Gentlemen: In its October 2, 1963 meeting the City Planning Commission considered the above r,zoning request. Mr. Larry Dow informed the Commission that he had acquired the property and that he is planning to construct a building con- taining between 20 and 40 luxury-type apartments. In its deliberations the Planning Commission found that the proposed use for an apartment building ~ould be compatible with established developments in this general area (hospital, rehabilita- tion center, church, Wellington apartments, etc.)o The proposed density on this site exceeding two acres would be comparatively Iow and would meet the minimum requirement of 2500 square feet per apartment as a desirable standard. The Planning Commission therefore recommends to City Council that the above property be r,zoned from General Residence to Special Residence District. Respectfully submitted. SI w. K. S. Harold ~. Bill Chairman~ Mr. Dow appeared before Council and outlined plans for the development of the property if it is rezoned. '. Mr.. Pollard raised the question as to whether or not soil tests have been made on the site. pointing out that the city has a water supply nearby and if the property of Mr. DoW requires blasting in connection with the construction of the apartment building it might destroy this water source. Mr. DOW replied that no soil tests have been made and he is confident there will be no need for blasting, however, he will hare the soil tests made durin the coming week. No one appearing in opposition to the proposed rezoning. Mr. Rheeler move that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: 258 (m15465) AN ORDINANCE to amend and reeoact Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956,* in relation to Zoning, WXEREAS, application has been made to the Council of the City of Roanoke to hare that property located on the east side Of South Jefferson 5treat. between Yellow Mountain Road and Twenty-second Street, described as Lots 1-9, inclusive, Block 67, Crystal Spring Land Company, Official Tax Ho. 4060601, rezoned from General Residence District to Special Residence District; and WHEREAS, the City Planning Commission has recommended that the herelnaftE described lnnd be rezoned from General Residence District to Special Residence District; and WBEREAS. notice required by Title XV. Chapter 4, Section 43, of The Code of the City of Roano~ , 1955, 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 4th day of November, 1953, 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 resorting; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. TtIEREFORE, BE 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 east side of South Jefferson Street, between Yellow Mountain Road and Twenty-second Street, described as Lots 1-9, inclusive, Block 67, Crystal Spring Land Company, designated on Sheet 405 of the Zoning Map as Official Tax ~o. 4060501. 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. Pollard and adopted by the following vote: AYES: Ressrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller NAYS: None ........................................................... O. (Messrs, Dillard and Youn9 absent) PETITIONS AND COMMUNICATIONS: GARBAGE REMOVAL:' A communication from Mr. B- G. Lawder, requesting that dumping on property at 1201 Sixth Street, S. E,, be prohibited, was before Council. On motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted, the request was referred to the City Manager for investigation and report to Council. YOUTH COMMISSION: A communication from Mrs. Glenn R. McLeod, advising that she is moving from the city in the near future and tendering her resignation as a member of the Youth Commission, was before Council. 2~9 Mr. Pollard moved that the r~sigaatioo be accepted, with regret. The Botion nas seconded by Mr. Whe~eler and nn~oimously adopted. SERERS AND STORM DRAINS: A Resolution of the Council of the Town of Salem requesting that the contract between the City of Roanoke and the Town of Salem dated October 16, 1953. dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 2.2-acre tract of land located on both sides of U. S. Routes 11 and 460 immediately adjacent to 'the eastern corporate limits of the T,mn of Salem, was before Council. On motion of Mr. Wheeler, seconded by Mc. Jones and unanimously adopted, the request wa~ referred to a committee composed of Ressrs. Walter L. Young. Chairman, AFthur S. Owens, Randolph G. Whittle and Roy L. Webber for study, report and recommendation to Council. REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUBLIC WORKS: The City hanager submitted a written report, advising that the Travel Expense account in the budget of the Department of Public Works is almost depleted and that some of the personnel of the Department of Public Works would like to attend the annual ltlghway Conference in Lexington. Virginia. on Thursday. November 14. 1963. the City Manager recommending that $40 be appropriated for this purpose. Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15466) AN ORDINANCE to amend and reordain Section ~BO, "Engineering Services," of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 414.l Mr. Jones moved the adoption of the Ordinance. The notion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller .......5. NAYS: None .............................................................O. (Messrs. Dillard and Young absent) PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS-GARBAGE RENOYAL: Council havingl! previously authorized the purchase of property located at 507 Gilmer Avenue .... described as parts of Lots 64 and 65. Ward 4. Roanoke Land and Improvement Map. Official Tax No. 3013404. from Mrs. Hallie B. Barb,ur. for $3,300 net cash. in connection with possible future expansion of the City Incinerator. the City Manager submitted a written report, advising that since Marvin Lee Barb,ur. the son of Mrs. Barb,ur. has an interest in the property, it became necessary for the court to approve the conveyance of that interest, and that the court has approved the sale of the property for a total consideration of $3.475. cash. the City Manager suggest- ing that Council authorize the purchase of the lots at the sum fixed by the court. Mr. Wheeler moved that Council concur in the suggestion of the City Manage! and offered the following emergency Ordinance: 260 (x15467) AN ORDINANCE amending Ordinance No. 15347 relating to the City's acqufsftfnn of property hnomn ns No, 507 GlJmer Arenue,.N.E., from Hallie B. Barbour and Marvin Lee Dnrbonro an infant; and providing for an emergency. (For full text of Ordinauceo see Ordinance Hook No. 26, page 414,) Mr. Wheeler moved the adoption of the Ordinance. The motinn mas seconded by Hr. Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller ....... NAYS: None ............................................................. O. i(Messrs. Dillard and Ynung absent) STREET LIGHTS: The City'Manager submitted a written report, recommending the installation of a street light at the southeast corner of Fifth Street and Hanover Avenue, N.M. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (:15469) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light at ~he southeast corner of Fifth Street and (For full text of Resolution. see Resolution Book No. 25. page 415.) Mr. Garland moved the adoption of the Resolution, The motion was seconded by ~r. Pollard and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, ~heeler and Mayor Stoller ....... NAYS: None .............................................................O. (Messrs. Dillard and Young absent) POLICE DEPARTMENT: The City ManaGer submitted a written report, advising that Mr. D. H. Oyler, a member of the Police Department who was injured in line of Iregular salary for an additional period of sixty days beginning October 31, 1963. iiand offered the following Resolution: (~15469) A RESOLUTION directing that B. H. Oyl ....... ber of the ~!Police Department, be paid his regular salary for a period of sixty days beginning ;October 31, 1963. (For full text Of Resolution, see Resolution Book No. 26, page 416.) by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. ~heeler and Mayor Stoller ....... 5. NAYS: None ............................................................. j(Messrs. Dillard and Young absent) TRAYFIC: The City Manager submitted a written report, recommending that 26"i Hr. Pollard moved that Council concur in the recommendation of the City #manger and that the matter be referred to the City Attorney for preparation of the proper measure. The motion mas seconded by Hr. Mheeler and unanimously adopted. ZONING-STREETS AND ALLEYS-STORM DRAINS: Council having previously rezoned a tract Of land located On the south side Of Drandon Avenue, $. Mo, at the west corporate limits, from 6eneral Residence District to Special Residence District, so that apartment units might be coostracted thereon, the City Manager submitted a written report, advising that Yorktown Limited Partnership has agreed to donate necessary land for the extension of Edgemood Street, S. M., at Hrandon Avenue, and the widening of the south side of Hrandon Avenoe, the City Manager recommending that the offer be accepted and that the city construct a 4H-inch storm drain in connection with the street project at an estimated cost of $12,550, as shown on Plan No. 4792 on file in the office of the City Engineer. In this connection, Mr. Robert M. Goodman. representing Robert R. Goodman Associates, developers of the tract of land, appeared before Council and emphasized the necessity of constructing the storm drain in connection with the street project. After a discussion of the matter, Mr. Wheeler moved that Council concur in the recommendation of the City Manager and that he proceed to advertise for bids on the storm drain project. The motion Has seconded by Mr. Pollard and unanimously adopted. Hr. Jones then moved that the City Attorney be directed to prepare the proper measure accepting the offer of Yorktown Limited Partnership to convey to the City of Roanoke necessary land for the extension of Edgewood Street, S.M., and the widening of the south side of Brandon Avenue. The motion was seconded by Mr. Pollard and unanimously adopted. STATE HIGHWAYS: Council having referred to the City Manager for investiga- tion and report a request of property owners in the ~00 and 400 blocks of Church Avenue, S. E.. that 3 1/2 Street. S.E** which is proposed to be closed under the Interstate Spur SOl project, be relocated in order that it may remain open. the City Manager submitted a ~ritten report, advising that since a public hearing for this section of Route 581 has already been held by the ¥irginia Department of Highways it is doubtful any changes can be made at this late date, however, he will continue to stay in contact with the tlighway Department on this matter. Mr. Pollard moved that the report be received and filed. The motion Has seconded by Mr. Mheeler and unanimously adopted. APPOINTMENTS-HRAL~tl DEPARTMENT: The City Manager submitted a verbal report that he has appointed Dr. Milliam H. Keeler of Williamsburg, ¥irginia, as Commissioner of Health for the City of Roanoke at a salary of $16.000 per annum, effective JanuaryI 1, 1964. subject to confirmation by a majority of the members of Council Mr. Garland moved that Council confirm the appointment and offered the following Resolution: 262 (,15470) A RESOLUTION confirming the appointment of Dr, HJlliam H. Keeler as Director of Public Health of the City of Roanoke. (For full text of Resolution, see Resolution Rook No. 26. page 416,) Mr. Garland moved the adoption of the Resolution, The motion mas seconded by Hr. Pollard and adopted by the follouing vote: AYES: Ressrs. Garland, Jones, Pollard, ~heeler and Rayor Stoller ...... 5. NAYS: None 0 (Messrs. Dillard and Young absent) REPORYS OF COHRITYEES: FIRE DEPARTRENT: The committee appointed to tabulate bids on the construction of the Garden City Fire Station submitted the follouing report: WYhe Council Of the City of Roanoke Roanoke, ¥irgJflia As instructed by Council, the undersigned committee Investi- gated and compared the bids submitted by the seven contractors for the construction Of the proposed Garden City Fire Station and wishes to bring to your attention the following: 1. The bids as submitted included the furnishings needed, such as, stove, refrigerator, table and chairs, side shair$, desk, hose rack, hose drier and other minor miscellaneous supplies and equipment. 2. A fully equipped fire truck is available, made so as as result of one purchased last year. The 1964 Budget Study Commission has already approved the necessary funds to permit the employment of additional firemen required to operate this ne~ station. 4. In a prior ordinance, Council appropriated $3,000.00 for the preparation of the necessary drawings for the construction of this station. 5. In a prior resolution, Council authorized the construc- tion of this station if and ~hen the funds were avail- able. City Auditor, J. Robert Thomas, on October 28, 1963, confirmed the fact that sufficient funds are available for this work if Council desires to proceed with this project. With the above havtno been taken into consideration, your committee wishes to make the following recommendations: 1. That the low bid submitted by Watts ~ Breakell, Inc. be accepted with the following modifications: a. That the $?,000.00 referred to for concrete work be accepted and included in with the mork to be performed. b. That an overhead electric service be installed in lieu of underground service, thus, reducing the base contract of $67,500.00 by $?00.00. c. That the City of Roanoke enter into a contract with Watts G Breakell, Inc. $bb,GO0.O0 2. That an additional $1,008.00 be appropriated for the architects fee. (This is 6% of total contract. This amount, plus the $3,000.00 already appropriated, should cover the fee. Fee to include inspection durin~ con- struction.) 3. Yhat sufficient funds be appropriated to cover the cost of advertising for bids for the construction of this station. I! 4. Ratts 6 Breahell, lac. has advised your committee that the completion date for this work mould be approximately 120 days after being awarded the contract by the City of Roanoke, weather permitting. Respectfully submitted, SI Robert A. Garland Robert A. Garland s! ~al~r L. Ynun~ Welter L. Young j $! J~m~s Et Jgnes James E. Jones, Chairman* Mr. Jones moved that Council concur in the recommendations of the committee and offered the following emergency Ordinance accepting the proposal Of Watts and Breaheli. Incorporated: (~15471) AN ORDINANCE accepting the proposal of Watts and Dreakell, Incorporated, for construction of the Garden City Fire Station; authorizing the proper City officials to execute the requisite contract; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 26. page 417.) Mr. Jones moved the adoption of the Ordinance. Yhe motion was seconded by Rr. Wheeler and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, ~heeler and Mayor 5toller .......5. NAYS: None .............................................................O. (Messrs. Dillard and Youn9 absent) Mr. Jones then offered the following emergency Ordinance appropriating $67,B47: (n15472) AN ORDINANCE to amend and reordain Section ~i70, *Capital** of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 26. page 417.) Mr. Jones moved the adoption of the Ordinance. 'The motion was seconded byll Mr. Wheeler and adopted by the following vote: AYES: Messrso Garland. Jones, Pollard. Mheeler and Mayor Stoller .......5. NAYS: None .............................................................O. (Messrs. Dillard and Young absenti UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONS1DERATIaN OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15454, rezoning property located on the south- westerly side of Forest Hill Avenue, N. W.. between Bowman Street and Averett Street described as Lots 15-19. inclusive, and the adjoining 20 feet of Lot 20. Block 12. Bowman Lawn, Official Tax NOS, 2060614-2060619, inclusive, from General Residence District to Special Residence District. having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Wheeler offering the following for its second reading and final adoption: 2'64 (~15454) AN ORDINANCE to aaend and reenact Title X¥. Chapter 4, Section 1, of The Code of the City of Roanohe, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No, 26, page 407.) Mr. Mheeler moved the adoption of the Ordinance. The motion nas seconde¢ by Hr. Pollard and adopted by the following vote: AYES: Messrs. Gar~lando Jones, Pollard, Wheeler and Mayor Stoller ......5, NAYS: None ............................................................ O. (Messrs. Dillard and Young absent) STREETS AND ALLEYS: Ordinance No. 15455. vacating, discontinuing and closing a portion of a 15-foot alley lying between Block 6 and Block 17. Park Land and Imp~ vement Company, north of Bullitt Avenue, S. E., and west of Third Street, S. E., 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: (Xl5455) AN ORDINANCE vacating, discontinuing and closing a portion of an alley lying between Block 6 and Block IT, according to the Map of Park Land and Improvement Company. extending from the westerly boundary line of the right Of way Of the Norfolk and Western Railway Company in an easterly direction approximate] 131.93 feet to a point 15 feet west of the intersection of Lots 5 and 6, Block P. L. ~ I., and being 15 feet in width. (For full text of Ordinance. see Ordinance Book No. 25, page 400.) Mr. Wheeler 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 ...... NAYS: None ............................................................ O. (Messrs. Dillard and Young absent) STREETS AND ALLEYS: Ordinance No. 15456, vacating, discontinuing and closing a 14-foot alley running from Williamson Road to Second Street, N.E., parallel to Gilmer Avenue and Mells Avenue, 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: (=154§6) AN ORDINANCE permanently vacating, discontinuing and closing all that certain alley, of 14 feet in width, lying between the easterly side of Milliomson Road, N.E., and the westerly side Of Second Street, N. E., abutting the south line of Lot No. 3012g05, as shown on Sheet 301 of the City of Roanoke Tax Appraisal Map, in the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 26, page 409.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconde~ by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mheeler and Mayor Stoller ...... 5. NAYS: None ............................................................ O. (Messrs. Dillard and Young absent) Ill 265 DEPOSITORIES: Ordinance No. IS461. amending and reordaining Sec, 1, Chapter 3, Title V, of The Code of the City of Roanoke. 19S6, relating to Public Depositories, having previously been before Council for its first reading, read aud laid over. nas again before the body. On notion of Mr. Nheeler, seconded by Mr. Pollard and unanimously adopted, the Ordinance nas carried over until the regular meeting of Council on November IO. 1963. PARKS AND PLAYGROUNDS-JUNIOR CHAMBER OF COMMERCE: Ordinance No. 15462. amending and reordainlng Ordinance No. l152bo as amended, authorizing the Roanoke Junior Chamber of Commerce to install and o~ rate a miniature train in the Chlldren*$ Zoo aFea on Mill Mountain upon certain terms and conditions, having previousil been before Council for its first readin9, read and laid over. nas again before the body, Mr. Wheeler offering the following for its second reading and final adoption: (#15462) AN ORDINANCE to amend and reordain Ordinance No. 13416, adopted by this Council on the 14th day of July, 1958, entitled: "AN ORDINANCE to alend and reordain Ordinance No. 12400, adopted by this Council on the 6th day of September, 19SS. entitled, 'AN ORDINANCE to amend and reordaJn Ordinance No. 11526, adopted by this Council on the llth day of August, 1952. entitled, 'AN ORDINANCE authorizing the Roanoke Junior Chamber of Commerce to install and operate a miniature train in the Children'~ Zoo area on Mill Mountain upon certain terms and conditions.~*' (For full text of Ordinance, see Ordinance Book No. 26. page 411.l Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the followin9 vote: AYES: Messrs. Garland, Jones. Pollard. Nheeler and Mayor Stoller ....... NAYS: None .............................................................O. (Messrs. Dillard and Young absent) EASEMENTS-APPALACHIAN PO~ER COMPANY-WATER DEPARTMENT: Ordinance No. 15463~ providing for the conveyance of a perpetual right of ~ay and easementfor a certain electric power line or lines ouer a portion of the Carvins Cove water supply property on State Secondary Route 740, in Roanoke County, Virginia, 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: (~15463) AN ORDINANCE providing for the City s conveyance of a perpetual right of ~ay and easement for a certain electric power line or lines over a portion of its Carrins Cove ~ater supply property on State 5econdaryRoute 740, in Roanoke County, Virginia. (For full text of Ordinance, see Ordinance Book No. 2b, page 413.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote; AYES: Messrs. Garland, Pollard, Nheeler and Mayor Stoller NAYS: None .............................................................O. (Messrso Dillard and Young absent, Mr. Jones not voting) 266 TRAFFIC-BRIDGES: Council having directed the City Attorney to prepare the proper measure authorizing the installation of a one-way troffic signal system math a manual smltch for all stop on Thirteenth Street. S. ~.. at the location of the Thirteenth Street BridRe. mhile a reinforced concrete slab is being constructed to replace the present timber deck on the bridge, he presented same. After a discussion of the matter. Mr. Mheeler suggesting that tmo lanes of traffic be provided between 7 and 9 a.m.. rather than one lane. Mr. Pollard offered the following Resolution: (~15473) A RESOLUTION authorizing the installation of a one-may traffic signal system math a manual smitch for nil stop to be installed on 13th Street, 5. (For full text of Resolution, see Resolution Book No. 26, page 4lB.) Mr. Pollard moved the adoption of the Resolution. The motion was by Mr. Jones and adopted b) the folloming vote: AYES: Messrs. Garland, Jones, Pollard, Mheeler and Mayor 5toiler ...... NAYS: None ............................................................O. (Messrs. Dillard and Yonng absent) LIBRARIES: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to enter into an agreement mith American Lending Library, Incorporated, providing for the rental of certain books for use in the main and branch libraries of the City Of Roanoke, upon certain terms and conditions, at a total cost of $378.15 monthly rental as compared with the present rental of $272.50 per month provided for in Resolution No. 14950, effective January !. 1964, he presented same; ~hereupon, Mr. Rheeler offered the following Resolution repealing Resolution No. 14956: (~15474) A RESOLUTION repealing Res olution No. 14950 as of January 1, 1964. (For full text of Resolution, see Resolution Book No. 26, page 4lB.) Mr. Wheeler moved the adoption og the Resolution. The motion was seco nde by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mheeler and Mayor Stoller ...... NAYS: None ............................................................O, (Messrs. Dillard and Young absent) Mr. Garland then offered the folloming Resolution authorizing the City Manager to enter into a new agreement ~ith American Lending Library. Incorporated, at a total cost of $370.15 monthly rental: (=15475) 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; this resolution to be effective on and after the 1st day of January, 1964. (For full text of Resolution, see Resoluti~u Book No. 26, page 419.) 267 Mr, Garland moved the adoption of the Resolution. The motion was seconded by Mr. Rheeler and adopted by the follomiag vote: AYES: Messrs. Garland, Jones, Pollard, Rheeler and Mayor Stoiler ........ NAYS: None ..............................................................O. (Messrs. Dillard and Young absent) DONATIONS=STREETS AND ALLEYS: Council having directed the City Attorney to prepare proper measure accepting the offers of Mr. and Mrs. Jimmie A. Mhittaker and Mr. and Mrs. Ward X. Aliff to donate to the city necessary land to straighten , Mr. ~heeler offered the following emergency Ordinance: (~15476) AN ORDINANCE accepting the donation of small parcels of real from Mr. and Mrs. Yard I. Aliff and Mr. and Mrs. Jimmie A. ~hittaker Off the Ifront of their lots on Keene Street and Colfside Avenue, N.M.. for street straighten- purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 419.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded )y Mr. Garland and adopted b) the follouin9 vote: AYES: Messrs. Garland, Jones. Pollard Mheeler and Mayor Stoller .........5.! NAYS: None ..............................................................O. Messrs. Dillard and Young absent) PURCBASE OF PROPERTY: Council having directed the City Attorney to prepare Lhe proper measure providing for the purchase of property located on the north side of Salem Avenue, S. E.. east of First Street, described as Lot 45. Block 5, Roanoke Land and Improvement Company, Official Tax No. 4010212, from City Rescue Mission. Incorporated, for the sum Of $10,000. he presented same; whereupon. Mr. Rheeler moved that the following Ordinance be placed upon its first reading: (~15477) AN ORDINANCE providin9 for the purchase of a lot on Salem Avenue MHEREAS, City Rescue Mission, Incorporated. has offered to sell unto the City its lqt located on the north side of Salem Avenue, S. E., east of 1st Street. for ~10,000 cash, and a committee appointed by this Council to investigate the matter bas recommended that the aforesaid offer of sale be accepted, in ~hlch recommeffdation! this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follo~si 1. That the offer of City Rescue Mission, Incorporated, to sell unto the City its lot located on the north side of Salem Avenue, S. E., east of 1st Street described os Lot 45, Blo~k 5, Roanoke Land'and Improvement Company, Official Tax No. 4010212, for the sum of $10,000 cash. in fee simple and without encumbrances and convey the same by proper deed containing general warranty and modern english covenants, be, and said offer is hereby, accepted. 2. That the City Attorney cause the requisite examination of title to be made of said real estate and if it be, or is made. free of all encumbrances, 268 to prepare a proper deed pursuant to ahlch said real estate shall be conveyed unto the City as contenplaled by the above paragraph; hand over the same for execution; and. upon delivery thereof properly executed, to transfer unto the aforesaid grantor a City voucber ia the amount of $10,000, uhich said voucher the City Auditor is hereby directed to give the City Attorney upon his request to be, by said Attorney, exchanged for such aforesaid properly executed deed. The motion mas seconded by Mr. Garland and adopted by the following rote, Mr. Jones protesting that the city does not hare funds to spend for this purpose and eolcJng the opinloo that the city already owns enough property: AYES: Messrs. Garland, Pollard. Mheeler and Mayor Stoller .............. NAYS: Mr. Jones ........................................................ (Messrs. Dillard and Young absent) Mr. Mheeler then moved that the following Ordinance appropriating the $10.000 be placed upon its first reading: (n!5470) AN ORDINANCE to amend and reordain Section =170, #Capital.# of the 1963 Appropriation Ordinance. RE IT ORDAINED by the Council of the City of Roanoke that Section ~ITO. "Capital," of the 1963 Appropriation Ordinance. be, and the same is hereby, amended and reordained to read as follows, in part: CAPITAL ~170 Purchase of Salem Avenue Land ...................... $ 10,000.00 The notion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Pollard, Mheeler and Mayor St,lieF ............ 4. NAYS: Mr. Jones ...................................................... 1. (Messrs. Dillard and Young absent) BUDGET: Council having directed the City Attorney to prepare the proper measure extending the date for submission by the Budget Commission of the proposed 1064 budget from November I to November 10. 1963, he presented same; mhereupon, Mr. Wheeler offered the following Resolution: (~15479) A RESOLUTION extending the date for submission by the Budget Commission of its proposed annual Appropriation Ordinance for the year 1964 to November 10, 1963. (For full text of Resolution, see Resolution Book No. 26, pa0e 420.) Mr. Wheeler moved the adoption of the Resolution. The notion was sec,nde by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mheeler and Mayor Stoller .......5 NAYS: None ............................................. ~ ............... 0 (Messrs. Dillard and Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: FIRE PROTECTION-MATER DEPARTMENT: Mayor Stoller advised Council that be has received a communication from Mr. W. H.Cummings, president, Diamond Plastics 269 Industries. stating that the firm bas been advised by its insurance carrier that its expansion program nos provides a facility large enough that additional city mater supply for fire protection must be made available, it being suggested that a second source of city water may be provided by extending un D-inch mater main In Rollins Road from the south to the north to connect into the present city mater service, thereby creating n Ioo~. at an estimated cost of $10.000 to be borne by the city. In a discussion of the matter, the City Manager stated he feels the.city should pay only one-half of the cost of extending the water line and that even by paying one-half of the total cost in this instance It should not establish such practice.as a policy. Mr. Jones pointed out that the city has extended its facilities to indus- tries outside of the corporate limits and voiced the opinion it Is time for the city to look after the industries inside of the corporate limits, especially since the money for the extension of the water main would come from Water Department funds and not the General Fund, Mr. Jones remindin9 Council that he wanted the city to bear the entire cost of extending a water line to the property of the Southern Varnish Corporation several weeks ago and that he would mw e to reconsider the matter at this time had he not voted in the minority. Mayor Stoller agreed with Mr, Jones that the city should encourage industries and that the city should pay the entire cost of extending the water main to the property of Diamond Plastics Industries. After a further discussion of the matter, Mayor Stoller relinguished the Chair and moved that the request of Diamond Plastics Industries be granted and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by gr. Jones and lost by the following vote: AYES: Messrs. Jones and Stoller .................................. NAYS: Messrs. Pollard, Nheeler and Vice Mayor Garland ............ (Messrs. Dillard and Young absent) Mr. Garland then moved that the City Manager notify Diamond Plastics Industries that the City of Roanoke ~ill pay one-half of the total cost of extendingl' the water main. The motion was seconded by Mr. Rheeler and unanimously adopted. On motion of Mr. Wheeler, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. APPROVED City Clerk Mayor 270 ~oaday, November Il, 1963. The Council of the City of Roanoke met in regular meeting in the Coancll Chamber in the ~uulcipal Building, Nondny, November 11, 1963, at 2 p.m** the regulal meeting hour, with Mayor Stoller presiding. PRESENT: Councilmen Benton O. Dillard. Robert A. Garland, James E. Jones, Roy R. Pollard, Sr.. Vincent $. Nheeler and Rayor Murray A. 5toiler ............... ABSENT: Councilman Walter L. Young ..................................... 1. OFFICERS PRESENT: RrB Arthur S. Owens, City Reneger, Mtn Randolph Nhittle, City Attorney. and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend F. Swartz, Pastor, Summerdean Church of the Brethren. MINOIE$: Copy of the minutes of the regular meeting held on Monday, November 4, 1963, having been furnished each member of Council, on motion of bheeler, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. IIEARING OF CITIZENS UPON PUBLIC MATYERS: ZONING: Council having previously set a public hearing for 2 p.m.. November 11, 1963, on the question of amending and reordaining Section 11, Chapter 4. Title IV, of The Code of the City of Roanoke, 1956, relating to Zoning, to require that any multiple building, apartment building, hotel or lodge,lodging boas* or boarding house constructed or altered in a Special Residence District shall provide off-street parking, the matter was before the body, Mr. E. B. Brewer, Jr., President, Roanoke Valley Real Estate Board, appeared before Council and advised that the Real Estate Board is in favor of the proposed Ordinance. After a discussion of the matter, everyone present having been given an opportunity to be heard, and Council being of the opinion the Ordinance should specify that one off-street parking space shall be provided for each unit, Pollard moved that thc words *at least one* be inserted in the draft of Ordinance in place of the words "an adequate~. Zhe motion mas seconded by Br. ~heeler and unanimously adopted. Mr. Jones then offered the following emergency Ordinance: (=154B0) AN ORDINANCE to amend and reordain Rec. 11. 'Use regulations* Of Article III. *Special Residence District* al Chapter 4. *Zoning* of Title X¥. · Construction. Alteration and Use of Laud, Buildings and Other Structures* 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 423.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr, ~heeler and adopted by the following vote, Mr. Garland pointing out that many families have two cars and that he still feels the Ordinance should require more than one off-street parking space in such instances; 271 AYES: Messrs. Dillard, Garland, Jones, Pollard. Mheeler and Mayor Stoller .................................6. NAYS: None ....................O, (Mr, Young absent) BOND ISSUES-AUDITORIUM-COLISEUM: Mr, Roy C. Herrenkohl, President of the Roanoke Chamber of Commerce. appeared before Council and presented a Resolution adopted by the Board of Directors of the Chamber of Commerce on October 21. 1963, offering the services of the Chamber and its professional staff to direct and co-ordinate a citizens* effort of public information leading to the acceptance of the proposed auditorium-coliseum by the freeholders of Roanoke. Mr. Berrenkohl stating that the Chamber of Commerce feels there are certain areas of information mb[ch mast be furnished the voters if they are to vote intelligently on the question[ aod that the job of the Chamber would be to serve as a co-ordinator and a focal poin~ to carry Out the wishes of Council in this matter. Mr. James A. Ford. President of the Roanoke Junior Chamber of Commerce. appeared before Council and presented a Resolution adopted by the Junior Chamber of Commerce on October 22, 1963, reaffirming its pledge of May 8, 1962, to devote the whole-hearted support of the entire membership of the Junior Chamber of Commerce to City Council toward securing the passage of the auditorium-coliseum referendum. Mr. James L. Trinkle, ¥1ce Chairman of The Citizens' Committee for Greater Roanoke. stated that since his committee is vitally interested in this project he attending the present meeting as an observer, however, it is the intention of the Citizens* Committee to hold a meeting in the very near future to consider this whole: question and he feels certain the committee sill support it. In this connection, the Auditorium-Coliseum Committee composed of Me,mrs. Robert A. Garland, Chairman, Murray A. Stoller, Railer L. Young and James E. Jones submitted a written report, recommending that Council designate March 24, 1964, for the auditorium-coliseum referendum and that the offer of the Chamber of Commerce to direct a campaign for the purpose of informing the public on the proposed project be accepted, the Chamber of Commerce to work in co-operation with the Junior Chamberi of Commerce and other civic organizations in this campaign. Mr. Garland moved that Council concur in the recommendations of the committee and that the City Attorney be instructed to prepare the proper measures in!' accordance therewith and. also, to render a written opinion as to whether or not qualified voters can vote in the referendum or whether only freeholders may do so. The motion sas seconded by Mr. Nh*clef and unanimously adopted, PEYITIO~S AID COMWUNICATIOI$: NO~E. REPORTS OF OFFICERS: STREET LIGRYS: Council having adopted Resolution No. 15457 on October 1963. authorizing the installation of street lights at various locations in the city. including the corner of Carroll Avenue and Eighteenth Street. N. [.. and havin adopted Resolution No. 15468 on November 4. 1963. authorizing the installation of a street light at the southeast corner of Fifth Street and Hanover Avenue. N. W.. the 272 City Homager submitted a mritten report, advising that the location for the first street light should hare been at the corner of Carroll Area#e and Eighth Street, N. H** and that there is already a street light at the southeast corner of Fifth Street and ~aoorer Aeenue, N. H., tbe City Manager recommending that Resolution No. 15457 be amended and Resolution No. 15468 be rescinded accordingly. Hr, Borland moved that Council concur in the recommendations of the City Manager and offered the folloming Resolution amending Resolution No, 15457: (n15481) A RESOLUTION to amend and reenact Group XIII of Resolution 15457, adopted on October 20, 1963, authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolutiun, see Resolution Book No. 26, page 424,) Mr. Garland moved the adoption of the Resolution, The motion mas seconde~ by Mr, NheeJer and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Mheeler and Mayor Stoller .................................. 6. NAYS: None ....................Oo (Mr. Young absent) Mr. Borland then offered the following Resolution repealing Resolution No. 15460: (n15482) A RESOLUTION repealing Resolution NO. 15468, adopted on November 4, 1963. entitled, "A Resolution authorizing the installation of one 2500 lumen overhead incandescent street light at the southeast corner of Fifth Street and Banoyer Avenue, N. (For full text of Resolution, see Resolution Book No. 26, page 425.) 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 and Mayor Stoller .................................. NAYS: None ....................O. (Mr, Young absent) BUDGET-FIRE DEPARTMENT: Council having previously granted members of the Fire Department an additional day off each month beginning January 1, 1964. necessitating the employing of fourteen additional men, the City Manager submitted a mrltten report, advising that the additional men should be employed not later thal December 1, 1963, for preliminary training, and recommended that 94,620,00 be appropriated to cover the salaries of these men for the month of December, the City Manager pointing out that normal uniform allosanoe for the month sill amount to 9116,66 and fringe benefits sill amount to 958g.05, Mr. Wheeler moved that Council concur in the recommendation of the City M3nager and offered the following emergency Ordinance appropriating 94,620.00 for the salaries of the additional men and 9116.66 for normal uniform allosance: (=15483) AN ORDINANCE to amend and reordain Section u62, 'Fire Departmen' of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 26, page 425,) 273 Mr, Mheeler moved the adoption of the Ordinance. The motion mas seconded by Mr, Pollard and adopted by the foil*ming vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Nh*clef and Mayor St*lieF .................................. 6. NAYS: None ....................O. (Mr, YounR absent) SENERS AND STORM DRAINS-STATE HIGHMAYS: The City Manager submitted a mritten report, recommending that Council authorize the relocation and adjustment of public sanitary sewer lines, at no cost to the city, necessitated by the con- struction of a section of Interstate Spur 501, Mr. ~heeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (=15484) A RESOLUTION authorizing the relocation and adjustment of certain public sanitary sewer lines, at no cost to the City, necessitated by the construction of a section of Route 581 by the Commonwealth of Virginia, Department of Highways, in connection with its Project 0581-129-070, C0502o (For full text of Resolution, see Resolution Book No, 26, page 426.) Mr. Mheeler moved the adoption of the Resolution. The mo*jun was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Wheeler and Mayor 5toiler .................................. NAYS: None ....................O. (Mr. YounR absent) SE~ER5 A~D STORM DRAINS: Council having previously authorized the con- struction of a sanitary sewer along Lick Run from the existing manhole in the vicinity of Watts Avenue, N. N., to the Ferncliff Pumping Station. the City Manager submitted a written report, advising that it will be necessary to obtain an easement through the P. C. Huff Estate in connection with this project and that Mr. John D, Cart, Attorney, representing the owners of the Huff property, has agreed to grant this easement to the city upon certain terms and conditions, to pay the city $3,514 for the right to connect with and use three sewer crossings under Interstate Spur 581 upon certain terms and conditions, and to grant the city an easement for the installation and maintenance of lateral sewer mains be*seen Interstate Spur 581 and Lick Run. as well as pay the city the sum of $7,300 for the right to connect with and use these lateral sewer lines, upon certain terms and conditions, the City Manager advising that the estimated cost of the lateral sewer lines is ~27,912 and recommending that the city accept the offer of the owners of the P. C, Huff Estate and that the sum of ~28,000 be included in the 1964 budget to cover the constructionj! of the lateral sewer lines. After a discussion of the matter, Mr. Wheeler moved that the offer of the o~ners of the P. C. Huff Estate be accepted and that the matter be referred to the City Attorney for preparation of the proper measure, Yhe motion was seconded by Mr. Pollard and unanimously adopted, 274 Mr. Wheeler then offered the following emergency Ordinance appropriating $27,912 representing the estimated cost of the lateral sewer lines: (n154flS) AN ORDINANCE to aoen~ and reordaln Section Xl?O, *Capitol,' of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 426.) Mr. Wheeler moved the adoption of the Ordinance. The motlon was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, 6arland, Jones. Pollard. Wheeler and Wayor 5toller .................................. 6, NAY5: None ....................O. (Br, Vonng absent) APPOINTMENTS-FIRE DEPAPTWENT-POLICE DEPARTMENT: The City Manager submitt~ a written report on the following changes in personnel in the Fire Department and Police Department for the calendar year through October 31: Fire Department Wilbur A. Drewery Employed February 16, 1963 Ronald W. Wilson ' June 16, 1963 Earl Wu Kane June 16. 1963 Captain W. ii. Hoitnott Retired February 1, 1963 Fireman R. W. Way AROL June 9, 1g63 Fireman M. E. Wood Disability June 15, 1963 Engineer W. M. Mattox Dismissed October 17, 1963 Police Department ~lllium C. Chambers Employed January 1, 1963 Robert D. Thomas January 8, 1963 Robert W. Helm January 8, 1963 John F. Anderson January 15, 1963 Gary E. Pritchard ' February Ie 1963 John R. Bowlin9 ' February 1, 1963 Nilliam C. Haycock ' February 16, 1963 John F. Porterfield February 16, 1963 James T. Stamps Warcb 16, 1963 Gary W. Wolford Way 16, 1963 John 1t, RObeFtson July 1. 1963 Clifton R. Rartin, Jr. July 16, 1963 Linwood J, Willoughby October 16. 1963 Susie Ruth Feather November 1, 1963 Galverne L, byke Resigned February 15. 1963 Harvey C. Duncan. JF. March 11, 1963 Julian A. Stennett, Jr. July 26, 1963 Laura W. Allison August 31. 1963 William C, Haycock September ]2, 1963 Panl L. Bell October 31. 1963 Wt. Pollard moved that the report be received and filed, The motion was seconded by Mr. Nheeler and adopted, Mr. Dillard voting no. REPORTS: The City Manager submitted a written report, transmittin~ a report oi the Department of Public Welfare for the month of September, 1963, and listing monthly departmental reports on file in his office. On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted the report was filed. REPOR~S OF COMMITTEES: PARKS AND PLAYGROUNDS: Yhe committee appointed to study the matter of making improvements to Fallon Park submitted the following report: 'Roanoke, Virginia November 11, 1963 To the City Council Roanoke, Virginia Gentlemen: You referred to the below committee for study necessary improvements for Fallon Park. Several of the committee have met 275 on the site and appropriate studies hare been made os to what should be accomplished for betterments, The committee recommends that ~he baseball field and tennis court he lighted at a cost or $2?00 and $1700 respectively, ~e also recommend a shelter house be constructed in the amount of $8000, Me understand that the Director of Parks and Recreation included these items in his budget and is being presented to the Budget Commission for their consideration, .Me also recommend the opening of a road from #ise Avenue south, east approximately 450 feet, and a road south and east to Join Dale Avenue, This road has been graded and rock placed on it, It is our recommendation this be paved in 1964 during the street paving program, Respectfully submitted, S/ Benton O. Dillard Denton O. Dillard, Chairman Molter L. Young S/ Murray A. St,lieF Murray A, St,lieF S/ Arthur S, O~ens Arthur S. O~ens S/ Rex T. Mitchell, Jr. Rex To Mitchell* ~r. Wheeler moved that Council concur in the recommendations of the committee and that the matter of appropriating sufficient funds to carry out the recommendations of the committee be referred to 1964 budget study. The motion was seconded by Mr, Dillard and unanimously adopted. PARKS AND PLAYGROUNDS: The committee appointed to tabulate bids received on supplying one electrically-operated telescopic crane (truck-mounted type) to the Department of Parks and Recreation submitted the f,Il,win9 report: "November 7. 1963 To The City Council Roanoke. Virginia Gentlemen: On November 4. 1963 bids were publicly opened and read before City Council for supplying one new Electrically-operated Telescopic Crane (truck-mounted type) to the Department of Parks and Recreation. Bids were received from three firms. The lowest bid. in the sum of $5.340.00 net. F.O.B. Roanoke. Virginia. was submitted by P. A. Radocy ~ Sons. Inc. on an Electrically- operated Telescopic Crane with a maximum reach of 75 feet when mounted on the truck, This bid includes outriggers and generator, and meets all specifications. The crane will be mounted by the City of Roanoke on a City owned truck. The committee recommends acceptance Of the bid from P. A. Radocy ~ Sons, Inc. on the above mentioned crane in the sum Of $5,340.00 net, F.O.B. Roanoke, Virginia, The sum of $6.000 was appropriated in the 1963 budget for the purchase of a crane. COMMITTEE: S/ James Et Jones James E. Jones, Chairman S/ Paul L, R,ntt Paul L. Routt S/ Bt Bf Th,meson Bueford B. Thompson# 276 Mr. Jones moved that Council concur in the recommendation of the commltte~ and offered the following Resolution: (z15486) A RESOLUTION accepting the proposal of P. A. Radocy ~ Souse Incorporated, for supplying one electrlcally-oAerated telescopic crone (truck-mounte tvpe) to the Department of Parks and Recreation; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution. see Resolution Rook No. 26, page 427.) Hr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Rheeler and adopted bv the following vote: AVES; Messrs. Dillard, Garland, Jones, Pollard, Nheeler and Mayor Stoiler .................................. NAYS: None ....................O, (Rt. Voung absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF GLAIRS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SrREEVS AND ALLEVS: Ordinance NO. 15464, vacating, discontinuing and closing an alley running through Block l, Section 3. Kenwood Addition, between Baldwin Avenue and Dale (Dunkirk) Avenue, N. E., parallel with Conway Street and Bibb Street, 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: (=1546.i) AN ORDINANCE permanently vacating, discontinuing and closing that portion of that certain alley located in the City of Roanoke, Virginia, that divides the block bounded on the north by Baldwin Avenue; on the east by Bibb Street~ the south by Dunkirk (Dale) Avenue; and on the west by Conway Street, said alley on running north and south in said block, the same being known as Block No. 1, Section 3. Kenwood Addition. (For full text of Ordinance, see Ordinance Book No. 26, page 421.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Bessrs. Dillard, Garland. Jones, Pollard, Nheeler and Rayor Stoller .................................. NAYS: None ....................O. (Mr. Young absent) ZONING: Ordinance No. 15465, rezoning property located on the east side described as Lots 1-9, inclusive, Block 67, Crystal Spring Land Company, Official Tax No. 4060601, from General Residence District to Special Residence District. having previously been before Council for its first reading, read and laid o~er, again before the body. In this connection, Council having raised the question as to whether OF not soil tests have been made on the site, it being feared that if blasting is required it might destroy a water supply nearby, Mr. Larry A. Dow, owner of the 277 property, and Mr. J. Stuart Franklin, Jr., of Embank, Coldwell and Associates, .Architects and Engineers, appeared before Council and advised that soil tests have been made during the past meek, Hr. Franklin stating the ouner of the property bas no Intention of blasting in the construction of an apartment building on the propert if it is rezoned. After a discussion of the matter, Council indicating a desire to have a uritten assurance from the Director of Public ~orks that excavation of the site proposed to be rezoned mill require no blasting, Mr. Pollard moved that action on the Ordinance be deferred until the next regular meeting of Council. The motion mas seconded by Mr. Dillard and unanimously adopted. It having been pointed out in a discussion of the question of blostiog that Section 6, Chapter 2, Title XIV, of The Code of the City of Roanoke, 1956, relating to blasting, limits the maximum amount Of a bond for blasting to $10.OO0, Mr. Dillard moved that the question of increasing the maximum amount be referred to the City Manager for study, report and recommendation to Council. The motion mas seconded by Mr. Garland and unanimously adopted. PURCHASE OF PROPERTY: Ordinance No. 15477, providing for the purchase of .property located on the north side of Salem Avenue, S. E., east of First Street, described as Lot 45, Block 5. Roanoke Land and Improvement Company, Official Tax No. 4010212, from City Rescue Mission, Incorporated, for the sum of $lO,OOO cash, havin9 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: (~15477) AN ORDINANCE providing for the purchase of a lot on Salem Avenue, S. E., from City Rescue Mission, Incorporated. (For full text of Ordinance, see Ordinance Dook No. 26, page 422.) ~r. Mheeler moved the adoption of the Grdinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, Mheeler and Mayor Stoller ..... NAYS: Mr. Jones ........................................................1. (Mr. Young absent) In this connection. Ordinance No. 15478, appropriating the $10,000 for the purchase of the above property, having previously been before Council for its first reading, rend and laid over. was again before the body, Mr. Pollard offering the following for its second reading and final adoption: (#15478) AN ORDINANCE to amend and reordaJn Section =170, ~Capital,~ of the 1963 Appropriation Ordinance. (For full text of Ordinance, see Ordinauce Book No. 26, page 423.) 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, Pollard, Nheeler and Mayor 5toller .....5. NAYS: Mr. Jones ........................................................ (Mr. Young absent) TRAFFIC: Council having directed the City Attorney to prepare the proper measure establishing flluemont Avenue, $. W., between Dnnsore Street and Malden Lane, ns a one-way street for ansi-bound traffic, he presented sawe; whereupon, Mr, Pollard offered the following Resolution: (g15487) A R~OLUTION concurring in the City Mansger's prohibition of west-bound motor vehicle tFaffJc, on Dluemont Avenue. S, M,. between Dnnmore Street and Maiden Lane, (FOF full text of Resolution, see Resolution Dooh No. 26, page 428,) 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, Mheeler and Mayor Stoller .................................. NAYS: None ....................O, (Mr. ¥onng absent) ZONING-STREETS AND ALLEYS-SEWERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper eeasure accepting from Yorktown Limited Partnership the donation of necessary land for the extension of Edgewood Street, S. M., at Brandon Avenue, and the widening of the south side of Brandon Avenue in this vicinity, as shown on Plan No. 4792 on file in the Office of the City Engineer, upon certain terms and conditions, he presented same; whereupon, Mr. Wheeler offered the following emergency Ordinance: (=15488) AN ORDINANCE authorizing the acquisition of a strip or parcel for a future extension of Edgewood Street, $. W., and for the widening of a portion of Brandon Avenue. upon certain terns and condition; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 428.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the followin9 vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................. NAYS: None ....................O. (Mr. Youn9 absent) MOTIONS AND MISCELLANEOUS BUSINESS: NONE. On notion of Mr. Dillard. seconded by Mr. Jones and unanimously adopted, ~i the neeting ~as adjourned. APPROYED '279 COUNCIL. REGULAR MEETING. Monday. November i§, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Municipal Building, Monday, November 10, 1963, at 2 p.m., the regular meeting hour, uith Mayor Stoller presiding. PRESENT: Councilmen Benton O. Dillard. Robert A. Garland, James E. Jones, Roy R. Pollard, St** Vincent S. Mheeler and Mayor Murray A. Stoller ............... 6. ABSENT: Councilman Malter L. Young .....................................I. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Mr. Randolph G. Nhittle, City Attorney, and Mr. ~illiam F. Griggs, Assistant City Auditor. INVOCATION: The meeting ~as opened with a prayer by the Reverend M. M. RankIn. Retired Missionary. MINI~FES: Copy of the minutes of the regular meeting held on Monday, November 11, 1963, having been furnished each member of Council, On motion of Mr. Garland, 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: UEALTB DEPARTMENT-ALCOItOLIC BEVERAGES: Council having adopted an Ordinance notifying the Division of Alcohol Studies and Rehabilitation of the State tlealth Department of the termination of its lease for space occupied in the Health Center effective as of November 30. 1953. Dr. John Jofko, representing the Roanoke Clinic, appeared before the body and asked that Council reconsider its action, Dr. Jofko )resenting statistics on patients treated by the Roanoke Clinic, voicing the opinion that since alcoholism is n public health problem as well as a community problem the iproper location of a clinic is within a public health system and suggesting that since a new Commissioner of Ilealtb has been appointed any definite action be postponed until his arrival and sufficient time has been given to the study of this problem. Dr. Jofko also called attention to a communication he has received from the ~ife of one of his patients, urging that Council reconsider cancellation of the lease on the basis that some persons who are now going willingly to the Uealth Center where it is not readily known to everyone why they are there may be reluctant to go to offices where it would be obrious to anyone why the visits were being made and, for this reason, discontinue needed visits. Mr. Joseph C. Brown, Administrative Assistant in the Dealth Department. appeared before Council and presented a communication from Dr. Roger C. Grady. Commissioner of Health, advising that for some time the State Health Department has been paying the City of Roanoke $150 a month in return for desk space in one small office for the Retarded ChJldren*$ Clinic, and that if adequate clinic space at the Uealth Center is not furnished as originally promised it is most likely that state 28O funds, amounting to $1S,000 a year, will be withdruwn. Dr. Grady stating that while he deeply sympathizes mlth the position of the Alcohol Studies Department the fact remains that his first concern must be with the satisfactory solution of the local Health Department problems. After a discussion of the matter, Mr. Dillard contending that the city has other space available mhich would be suitable for the Division of Alcohol Studies and Rehabilitation, Mr. Garland moved that action on the question be deferred until the next regular meeting of Council in order that the City Manager might determine uhether or not suitable space is available. The motion was seconded by Mr. Wheeler and unanimously adopted. PETITIONS AND COMMUNICATIONS: STREET LIGHFS: A communication from the Appalachian Power Company, trans- mitting a list of street lights which were installed during the month of October, 1963, was before Council. On motion of Mr. Garland, seconded by Mr. Jones and unanimously adopted, the communication was filed. BUDGET-SCHOOLS: A Resolution of the West End PaFent-Teacher Association, requesting that Council consider am a minimum the salary raise for teachers presentll recommended by the Roanoke City School Board, was before the body, On motion of Dr. Wheeler, seconded by Mr. Jones and unanimously adopted, the ]~Resolution was filed. ZONING; A communication from Mr. Evans D. Jessee, Attorney. representing the Virginia Pentecost Heirs and the Pet Milk Company, requesting that property located on the south side of Rorer Avenue, S. M., between Eleventh Street and Twelfth Street, described as Lots lO and Il. Block 29, F. Rorer Map, Official Tax Nos. 1212907 and 1212906. be rezoned from Special Residence District to Business District. was before Council. On motion of Mr. Wheeler, seconded by Mr. Jones and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommend~ tion to Council. REPORTS OF OFFICERS: BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, advising that the Operating Supplies and Materials account under Section ~lll. "Parks and Recreational Areas," of the 1963 budget, which is not only used for various supplies ~i~in the park division but is also used to purchase food for the animals at the Children*s Zoo atop Mill Mountain, is exhausted, and recommended that $450 be transferred from the appropriation for Extra Help at the Children's Zoo to the above account in order for the Department of Parks an~ Recreation to continue the purchase of food for the animals for the remainder of the year. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: 281 (s15409) AN ORDINANCE to amend and reordain Section Sill, 'Parks and Recreational Areas," of tbe 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 430.) Mr. Dillard moved the adoption of the Ordinance. The motion mas seconded by Mi. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stoller ......................... L ....... 6. NAYS: None ...................O. (Mr. Yonng absent) BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written report, advising that due to increased activity in the laboratory for the rheumatic fever clinic more blood cells and glass equipment has had to be purchased and a large freezer for oral polio vaccine is needed at the Health Department, the City Manager recommending that $1,000 be transferred from Medical and Housekeeping Supplies to Operating Supplies and Raterials and that keeping Supplies to Other Equipment - New under Section g40, "Health Department." of the iq63 budget, to cover tAese items. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (g154qO) AN ORDINANCE to amend and reordain Section ~40, "llealth Depart- ment," of the 1963 Appropriation Ordinance, and providing for an emerqency. (For full text of Ordinance. see Ordinance Book No. 25, page 431.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following rote: AYES: Messrs. Dillard, Garland. Jones. Pollard, Wheeler and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Young absent) DONATIONS-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, transmitting an offer of Mr. Sam Golden to donate to the city for park and playground purposes all but Lots I and 2 of a 4-acre tract of land hounded hy Spruce Street, Brownlee Avenue and Carlisle Avenue. S. E., described as Block 3, Eastover Place, Official Tax No. 4340401, and to contribute $1.OO0 for the purchase of recreational equipment to be used in the park. the City Manager recommending that the offer be accepted. Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (g154ql) AN ORDINANCE authorizing the proper City officials to accept, and cause to be recorded, from Sam Golden a deed conditionally donating real estate and $1.000 in cash to the City for park purposes; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 431.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded hy Mr. Mheeler and adopted by the following rote: 282 AYES: Messrs. Dillard. Garland, Jones. Pollard, Mheeler pnd Mayor 5toller .................................. NAYS: None ...................O. (Mr. Young absent) STATE HIGHMAYS: Council having previously referred to the City Manager for investigation and report a request of property owners in the 300 and 400 blocks of Church Avenue. S. £.. that 3 1/2 Street, S. E.. which is proposed to be closed under the Interstate Spur 581 project, be relocated in order that it may rennin open, the City Manager submitted a written report, advising that the Virginia Department of Highways has reviewed the possibility of relocating 3 1/2 Street to run parallel with the Interstate right of way and it is indicated such a relocation would take four additional hones in this block and would require a grade of twelve to fifteen per cent on this connection, accordingly, the Highway Department does not feel it would be justified in construct;n9 this relocation in view of the fact that the vehicular or pedestrian traffic leaving on Church Avenue will have access to the existing street network as an outlet; however, the review indicated that it imay be possible to construct a sidewalk immediately adjacent to the Interstate right l!of way which would provide an outlet for pedestrian traffic directly from Church i=Avenue to Tazewell Avenue+ the City Raoa§er recommending that Council adopt a !iResolution requesting the United States Bureau of Public Roads and the Virginia ilDepartnent of Righways to include the sidewalk in plans for the Interstate 5~1 Spur project. After a discussion of the matter, the City Manager advising Council that the sidewalk would be constructed at no cost to the city, Mr. ~heeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~15492) A RESOLUTION requesting the United States Bureau of Public Roads and the Virginia Department of Highways to provide a lO-foot wide sidewalk adjacent to the east right of way line of Interstate Spur Route SBI between Tazewell Avenue and Church Avenue, S. E. (For full text of Resolution, see Resolution Hook NO. 26, page 432.) Mr. ~heeler moved the adoption of the Resolution. The motion was seconde* by Mr. Garland and adopted bi the following vote: AYES: Messrs. Dillard, Carland, Jones, Pollard, Mheeler and Mayor Stoller .................................. NAYS: None--~ ................O. (Mr, Young absent) PARKS AND PLAYGROUNDS: The City Manager submitted a written report, transmitting, an offer of Associated Architects and Engineers of Roanoke. Virginia. to prepare a program and preliminary designs for the development Of Hill Mountain, and recommended that the association be employed for this purpose at a cost not to exceed $10,000. After a discussion,of the matter, Mr. Dillard moved that the question be referred to lgb4 Budget Study. Yhe motion was seconded by Mr. Mheeler and unanimous ly adopted. I1 PURCHASE OF PROP£RTY-STRE£TS AND ALLEYS: Council having previously appropriated $3,000,00 In order that the City Manager might negotiate for acqulsftlo~ of rights of way needed to construct a 60ergot street between the Bellies Road Brld* over the tracks of the Norfolk and Western Railway Company and the newly constructe, MhJteside Street, the City Manager submitted a written report, advising that Victor E. and Ottie ~. Smith have agreed to accept the 5fief of the city in the amount of $1,600.00 and that W. R. Booth has agreed to accept the amount of $350.00, but that J. M. Chrlsman, whose land was appraised at $469.20, has requested $1,200.00 for said property, the City Manager recommending that the city purchase the Smith and Booth property and institute condemnation proceediogs for the Chrisman property. Mr. Dillard moved that Council concur in the recommendations of the City Manager and that the matter be referred to the city Attorney for preparation of the proper measures. The motion was seconded by Mr. Garland and unanimously adopted. GARBAGE REMOVAL: Council having referred to the City Manager for investi- gation and report a request of Mr. H. G. Lawder that dumping on property at 1201 Sixth Street, S. E., be prohibited, the City Manager submitted a md tten report, '284 *We are familiar mith the case of Carlisle v Hassan, 102 S,£. (2d) 273 cited in your letter, and give you our struction to be given to Section lisa of the Constitution of Virginia, mhlch provides that all county bonds must be approved by a majority vote of the qualified voters provisions o~ Section lisa and mas, therefovet unconsti- a majority vote of the qualified voters. '3. Section 127 of the Constitution of Virginia '4. Clause (b) of Section 127 provides that in cum- vote of a majority of the qualified voters. *6. The requirement in Clause (b) of Section 127 for Of 1959 (Chapter 19.1 Of the Code of Virginia) the General such bonds must also be approved by a majority Of the free- 285 complies strictly uith the requirements of Clause (b) of Section 12Y or the Constitution. The former provision is one resting mftbfn the discretion o[ the General Assembly, and since there is no express constitutional provision forbidding it. it is perfectly competent for the General Assembly to provide that other bonds, mlthio the eighteen per rent limitation, must be approved by n vote of the freehold voters.* Shortly niter you directed me to urite this opinion. I telephoned Hr. Lorens F. Logan of the uforementioned law firm and usked if there bad been any developments to his firm*s knowledge thut would alter the conclusion we reached in the premises in January, 1960. He has advised me that his firm is of the same opinion as of this date that it was on January 14. 1960, Mlth respect to the provisions in Section 47 of our Charter requiring a separate affirmative vote of the freeholders before bonds for the purposes proposed may be issued. In this regard, the case of Falls Church Tnxonvers LeaGue, Et Al. v. City of Falls Churcht Et Al.* 203 Va. 604: i2S DIY, decided, without dissent, by our Court of Appeals on June 1962, is most interesting. In that case, the provisions of the Charter of the City Of Falls Church which require a separate affirmative vote of the freehold voters before bonds may be issued were involved, Yhere, at page 610, our Court Of Appeals pointed out that *The City of Falls Church is not required to issue its 1956#. § § 15-66b.13, et seq. It has the authority to issue its bonds under the provisions of its charter.* The Court then con- sidered the proceedings taken with respect to the separate registra- tion of the freehold voters and the election proceedings, and reached the conclusion that they conformed with the provisions of the charter, and sustained the issuance of the bonds. It seems clear that this recent Virginia case fully sustains the conclusions we reached in ~anuary, 19oo. It is of more than passing interest to note that § 15-666.24 of the above-cited *Public Finance Act of 1950' provides: *Iff the cities of Danville and Roanoke no money shall be borrowed and no bonds issued and no indebted- ness incurred under this chapter except in accordance with the terms of their respective charters** Respectfully. S/ Ran G. Whittle City Attorney" Mr. Dillard moved that the opinion of the City Attorney be received and filed. The motion was seconded by Rt. Pollard and unanimously adopted. BUDGET: The Budget Com~ission submitted the following report in trans- mitting its proposed budget for the year 1964: "November 14, 1983 The Council of the City of Roanoke Roanoke. Virginia Gentlemen: Pursuant to the provisions of the City Charter the under- signed Budget Commission presents its proposed budget for the year 1964. YOU have previously referred to the Commission the follow- lng items. 1. Recommendation of a committee of the Council dated August 12. 1963, that certain recreational facilities be constructed at Carvifls Cove. We do not recommend that this be accomplished in 1964. (see comments on capital lmprovementsl 2. A report of the City Manager estimating cost of repairing elevator at the Main Library to be $b,500.00. 286 revenue Estimated revenues for 1964 are as follows: Miscellaneous revenue (general) #iscellaneous revenue (school) 1964 Tax Levy $3.45 per 100.00 of valuation Total For schools: Miscellaneous revenue $2.74 of tax rate Total For General: miscellaneous revenue $0.71 of tax rate Total General operations General capital Total general School Total all appropriations City Council subseqoent}y appropriated funds for the project in the 1963 budget. No action required of the Commission. A recommendation of a committee that a Personnel Bepartuent he created. Funds for a P~rsonnel D~partmeat are included in the Proposed 1964 Rodget. A Council comalttee report recommending construction of a low water bridge over Roanoke River north of the Buzzard Rock Ford Bridge. We do not recoumend that this be accouplished. (see comments on capital Improvements) Revenue concluded that the 1964 Budget should not exceed expected for that year with no increase in ad valorem tax rates. $10,106,806.00 2,904,812.00 7.160.063.00 $20.259.681.00 $ 2.904,012.00 5~692v096.00 $ 8,677.708.00 $10,1Ob,806.0O 1.475.167.00 $11.581.973.00 Aoorooriations Requested Aporoved Not Auoroved 10,398,973.01 9,991,910.51 407,052.50 2,704.228.50 1.589.947.00 1,114.281,50 15.103,201.51 11,581,857.51 1,521,334.00 9.923.926.05 8,677.707.05 246.219,00 22,027.128.36 20.259.565.36 1.767.553.00 Salaries The school budget as recommended includes $293,000.00 for increasing the teacher salary schedule. NB. increase in salary schedule of other employees is provided for. The commission believes that all employees should be given equal consideration in pay rates. The council in referring to the commission the question of establishing a Personnel Department reserved to the Council the matter of increasing pay schedules and reclassification of positions under the City*s pay plan. This was based upon the recommendation of its committee submitted under date of September 3. 1963, that if a Personnel Department is created 'it would be this department's task to re-assess the entire pay plan'. General Prooertv Maintenance The Commission approved and recommends to the Council a change in budgetary procedures for property maintenance, which placed in the Maintenance of City Property account No. OB all appropriations rather than having them spread throughout the budget. Based upon a Study report, a copy of mhich is attached, 287 we believe that this centralization of this particular function under one superintendent will result in better maintenance at loser unit costs. Capital Imnrovements As indicated above requests for $2,?04,226.50 in capital improvements in 1964 were presented to the Commission. Those included in the proposed budget have had prior approval of the Council. These projects coil for further appropriations of $433,200.00 la 1965 for their completion. In addition, capital requests totaling $594,650.O0 for years beginning in 1965 were submitted. Excluding future requirements for curb, gutter and side- walk construction the capital improvement requests are sum- marized as follows: Projects included in 1065 proposed Budget Prior appropriations $ 696,347.00 1964 appropriations 1,489.947.00 1965 requirements 433,200.00 Projects requested but not approved i,114.281.50 164,800.00 139,B00.00 164.000.00 106,250,00 $1,709,131.50 1964 Budget 1965 Budget 1966 Budget 1967 Budget 1966 Budget Total These projects are for Administrative Buildings Fire stations Airport Recreation ~ Parks Libraries Street Construction Sewers and Drains Bridges 8,381.50 137,400.00 76,000.00 59,000.00 559,350.00 210,000.00 592,000.00 67,000.00 The requests obviously represent a minor portion of the capital improvements needed by the city and it is equally obrious that they are not necessarily those ~ost needed. Your commission, therefore, believes that until a basic master plan is adopted and priorities assigned to the capital improvement needs of the city, it is not possible to prepare a reasonable financial plan for their support. In consequence. He think that the master plan should be expedited. Once such a plan has been adopted by the Council a long range financial support plan could be prepared using such general revenues as are available, the remainder to be supported by long term financing. General We believe that the proposed budget will provide for reasonably adequate performance by the Municipal Government in 1964. Respectfully submitted, S/ Murray A. Stoller Murray A. Stoller, Mayor, Chairmon S/ Jonas G. Eller Jonas G. Eller S/ Byron A. Hicks Byron A. Hicks SI Hamilton M. Redman Hamilton Mo Redman SI Julian H. Rutherfoord, Jr. Julian H. Rutherfoord, Jr. SI J. Robert Thomas J. Robert Thomas, City Auditor 288 · . I cannot concur in the report of the Dudget Commission becense provlslona bare been mode for sclnry Increases for school personnel and no provisions hare been made for other city employees. zr there Is only ~292,ooo avzilable in salary raises, then, in my Judgment, it should be allocated to all city employees instead of approximately 50 percent. If fonds were found for the school system, then funds should be found for other employees. I further believe that I should call to Council*s attention that the view on creating a Personnel Department to make a study of necessary salary adjustments IS not the complete story. This department is needed; and if Initiated January 1, 1964. it would be months before a survey could be mode by the personnel director, even if he had competent assistance from local personnel people. X again urge that experts in the field be brought into the city to make a modern surrey which mould allow the Personnel Department and his advisors to proyide the necessary infor- mation for Council. If these studies bring out the fact that certain employees are due adjustments or salary increases, then they should be retroactive to January 1. 1964. to parallel with the proposed s~ ary increase for school personnel. The delay in giving city employees Un increase while a personnel study is being made does not appear fundamentally sound to me. ! am cognizant of a committee report which I signed on September 3, 1963, recommending the creation of a Personnel Department, and also my report of August 26 concerning the adequacy of the job plan. On August 26, 1963, an ordinance providing for the employment of eighteen school crossing guards, three meter maids and provisions for a Youth Bureau was defeated. It Mould appear to me with the loss of 20,500 man hours in the Police Department when the 40 boar week was given should cause this to be reconsidered in the 1964 deliberations. A study of seven months of crime offenses from April through October show an increase of 451 however, in robbery, aggravated assaults, burglary, breaking and entering, grand and petit larceny the increase was T4 or almost S percent. Not alarming, but it deserves consideration. S/ Arthur S. Owens Arthur S. Owens, City Manager" In a discussion of the matter, Mayor Stoller pointed out that the members of the Budget Commission spent approximately 45 hours in going over the proposed budget and suggested that the members of Council study the proposed budget for the next t~o weeks and then hold a meeting to discuss any questions they might have about the budget. hr. Wheeler pointed out that the final responsibility fat the budget rests with City Councit and volced the opinion that Council s'hould start holdlng budget study sessions as soon as possible. After a further discussion of the matter, Mayor Stoller relinquished the Chair and moved that the proposed budget be received and taken under consideration. The motion mas seconded by Mr. Dillard and unanimously adopted. Mr. Stoller then moved that the City Attorney be directed to prepare the proper measure thanking the four citizen members of the Budget Commission for the time, effort and thought which they have put into the proposed budget submitted by the commission. The motion was seconded by Mr. Dillard and unanimously adopted. Several members of Council indicating there are a number of questions to be decided upon before final ado~ /on of the budget, Mr. Dillard moved that Council 289 meet ia budget study et 7:30 p.m,, November 20, 1963. The motion nas seconded by Hr. Rheeler and unanimously adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANEES AND RESOLUTIONS: DEPOSITORIES: Ordinance No, 15461, amending and reordaining Section Chapter 3, Title V, of The Code of the City of Roanoke, 1956, to provide for a fluctuation in the percentage of city funds deposited in local banks and the adding of the Security National Bank of Roanoke to the list of designated depositories. having previously been before Council for its first reading, read and laid over, was again before the body. On motion of Mr, Dillard, seconded by Mr. Jones and unanimously adopted. the amendment was referred back to the committee composed of Messrs. Vincent Wheeler. Chairman, Roy R. Pollard. St., and Walter L. Young for further study, report end recommendation to Council. ZONING: Ordinance No. 15465, rezoning property located on the east side of South Jefferson Street, between Yellow Mountain Road and Twenty-second Street, described as Lots 1-9, inclusive. Block 67. Crystal Spring Land Company, Official iTax No. 4060601, from General Residence District to Special Residence District, having previously been before Council for its first reading, read and laid over, again before the body, In this connection, the City Manager submitted a written report, together mith the follosing report of the Director of Public Works concerning the possibility of blaiting in connection with the constrnction of an apartment building on the property proposed to be rezoned which might harm the flow of water at Crystal Springs: #INTERDEPARYMENT COMMUNICATION DATE: November 14. 1963 TO: Rt. Arthur S. Owens, City Manager FROM: H. Cletus BrOyles, Director of Public Works In co'nnection with the Larry Dow Apartment House site located on Yellow Mountain Road, I have carefully gone over the infor- mation submitted to me by Eubank Cald~ell g Associates, architects on the project, and I am of the opinion that it will not he necessary to do any blasting in connection with this project. The proposed elevation of the footings for the structure is well above the elevations of any rock indicated by test borings made at the site. It is my recommendation, however, if council'is inclined to rezone the property to permit the construction of this apart- ment building, that it be done with avery definite under- standing that no blasting will occur and that no piling will be driven. In the case of blasting, a permit must be issued throughthe Engineering Department and this would 9ire the City a certain S! H, Cletps Br~¥les Director of Public Works' 29O Mr. RichardT. Edwards, Attoroey0 repr~senting Mr. Larry A. Dom, verbally indicating that he would include the restrictions that no blasting will occur and that no piling mill be driven in the deed of conveyance from the S. O. Ferguson Estate to Mr. Dow, said restrictions to be approved by the City Attorney, #heeler offered the following Ordinance for its second reading and final adoption: (~15465) AN ORDINANCE to amend and reenact Title IV. Chapter 4. Section 1, of The Code of the city of Roanoke. 1956, in relation to Zoning, (For full text of Ordinance. see Ordinance Book No, 26. page 429.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the f,Il,win9 vote: AYES: Ressrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor St.lieF .................................. NAYS: None ...................O. (Mr. Young absent) BOND ISSUES-AUD1TORIUR-COLISEUM: Council having directed the City Attorney. to prepare the proper measure acceptiog the offer of the services of the Roanoke Chamber of Commerce to direct and co-ordinate a citizens effort of public information leading to the acceptance of the proposed auditorium-coliseum project by the freeholders of Roanoke. he presented same; whereupon, Mr. Garland offered the following Resolution: im154~3) A RESOLUTION accepting the offer of the Chamber of CoMmerce and its professional staff to direct and co-ordinate a citizens effort of public information leading to the acceptance of the Civic Center by the freehold voters of the City. (For full text of Resolution, see Resolution Book No. 26, page 433.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by #ro Pollard and adopted by the f,ii,win9 vote: AYES: Messrs. Dillard. Garland, Jones. Pollard. Mheeler and Mayor St.lief .................................. 6. NAYS: None ...................O. (Mr. Young absent) Mr. Pollard then offered the following Resolution expressing appreciatiol to the Roanoke Junior Chamber of Commerce for its pledge of support in securing the passage of the auditorium-coliseum referendum: (#15494) A RESOLUTION expressing to the Roanoke Junior Chamber of Commerce this Council's appreciation for the adoption of said Junior Chamber's resolution of November ?, 1963, pledging the ~holehearted support of its entire membership toward securin9 the passage of the auditorium-coliseum referendum. (For full text of Resolution, see Resolution Book No. 26, page 433.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following got, e: AYES: Messrs. Dillard, Garland, Jones. Pollard. Wheeler and Rayor Stoller .................................. 6. NAYS: None ...................O. (Mr. Young absent) 29:!. With further reference to the proposed nudltorium-coliseum referendum, the question of the amount Of the bond issue mas raised. Mr. Garland moved that the bond issue be in ns amount not to exceed $5,$00.000. The motion ~as seconded by Mr. Pollard and n#anfmonsly adopted, SEWERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure accepting the offer of Mr. John D. Carr. Attorney. representing the P, C. Huff Estate. to grant the city certain easements across the Iluff property in connection with the construction of n $auit ary seuer ainu9 Lick Run from the existin9 manhole in the vicinity of Matts Avenue, N.M., to the FernclJff Pumping Station. and the extension of sewer lines from Interstate Spur. 581 to Lich Run. upon certain terms and conditions, he presented same; ~hereupon, Mr. Dillard offered the following emergency Ordinance: (#15495) AN ORDINANCE providing for the acquisition of certain easements necessary for the construction of the sanitary sewer line along Lick Ruu, heretofore ordered to be constructed, upon certain terms and provisions: agreeing to the construction of certain new sewer mains connecting therewith; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 434.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following rote: AYES: Messrs. Dillard, Garland, Jones. Pollard, Wheeler and Mayor Stoller ................................. 6. NAYS: None ...................O. (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: NONE. On motion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. ATTEST: APPROVED City Clerk Mayor 292 COUNCIL, SPECIAL MEETING, Saturday, November 23. 1963. The Council of the City of Roanoke met Ia special meeting in the Council Chamber in the Municipal Building, Saturday, November 23, 19630 at 2:30 p.m., uith Mayor Stoller presiding, for the purpose of deciding upon appropriate action to be taken by the City Council in respect for the late President John F. Kennedy. PRESENT: Councilmen Benton O. Dillard, Robert A. Darland, James E. Jones, Roy R. Pollard, Sr., Vincent S. Mheeler, Malter L. Young and Mayor Murray Stall .......................................... 7. ABSENT: None ........................O. OFFICERS PRESENT: Mr. Randolph G, MhJttle, City Attorney. and Mr. Milldam F. Griggs, Assistant City Auditor. INVOCATION: The meeting was opened with a prayer by Councilman Vincent S. Mheeler. ACTS OF ACKNOKLEDUMENT: President John Fitzgerald Kennedy having been assassinated on November 22. 1963. Mayor Stoller stated he has called the special meetin9 of Council for the purpose of deciding upon appropriate action to be token by the body in respect for the late President and that he has asked the Superintendent of Schools and the members Of the Roanoke City School Board to attend the meeting to discuss the possibility of closing public schools on November 25, 1963, the day of the funeral. Mr. Jones pointed out that President Lyndon B. Johnson, successor to President Kennedy, has just issued a proclamation designating Monday as a National Day of Mourning. After a discussion of the matter, Mr. Dillard moved that Council dispense with its regular meeting scheduled for November 25, 1963. The motion seconded by Mr. Garland and unanimously adopted. Mr. Garland moved that the next regular meeting of Council be held at 7:30 p.m,. December 2, lgba. The motion Mas seconded by Mr. Dillard and unanimousl~ adopted. Mr. Dillard then offered the following Reaolution declaring Monday a day of sorrow, meditation and prayer in conformity with the proclamation of the President of the United States: (=15496) A RESOLUTION declarin9 Monday. November 25, 1963. as a legal holiday for all City offices and departments except those engaged in essential work; canceling the regular meeting of this Council scheduled to be held at two o'clock p.m. of that day; requesting the local public school authorities to declare said day to be a school holiday; requesting the citizens of the City to observe the same as such and as a tribute to and in respect for the late President. John Fitzgerald Kennedy; expressing consolation to Mrs, Jacqueline Bouvier Kennedy; and directing that the City Clerk transmit a copy hereof, by letter, to Mrs. Kennedy. (For full text of Resolution, see Resolution Book No. 26, page 436.) Mr. Dillard moved the adoption of the Resolution. The motion mos seconded by Hr. Jones and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones. Pollard. Wheeler. Young and Mayor Stoller ................................. NAYS: None--~ .....~ ........... ~ .... O. Mr. Jones offered the following Resolution pledging the support of Council and the citizens of Ronnoke to the new President: (=15497) A RESOLUTION pledging tho support of this Council to Lyndon Haines Johnson. the 36th President of the United States of America. (FOr full text of Resolution. see Resolution Book No. 26. page 437.) Mr. Jones moved the adoption of the Resolution. The notion was seconded hZ Mr. Garland and adopted by the following vote: AYES: Messrs. Billard. Garland, Jones, Pollard, Wheeler, Youn~ and Mayor Stoller ................................. T. NAYES: None ........................O. On notion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted, the meeting was adjourned, A P PR O%'E D ATTEST: Clerk Mayor 293 '294 COUNCIL. REGULAR MEETING, Monday, December 2, 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, December 2, 1963, at 7:30 p.m., with Mayor 5toller presiding. PR£SENT: Councilmen Benton O. Dillard, Robert A. Garland. James E. Jones Roy R. Pollard, SF., Vincent S, Nh*el*r, Mailer L. Young and Mayor Murray A. Stoller ................................ 7. ABSENT: None ................O. OFFICERS PRESENT: Mr. Arthur 5.'Oweas, City Manager, Mr. Randolph 6. Mhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. M, B. Bealy. Psstor, First Presbyterian Church. MINUTES: Copies of the minutes of the regular me*tin9 held on Monday, November 18, iqb3, and the special me*tin9 held on Saturday, November 23, 1963, haydn9 been furnished each member of Council, on motion of Mr. Jones, seconded by M:. Young 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 ?:30 p.m., December 2, 1963, on the request of Mr. C. G. Fralin that property located on the northeast corner of Colonial Avenue and Twenty-first Street, S. W., described as Lots I and 2, Block 4, Colonial Heights, Official Tax Nos. 1271301 and 1271302, be rezoned from General Residence District to Business District, the matter was before the body, In this connection, the following communication from the City Planning Commission. recommending that the request be granted, was before Council: *October 21, 1963 The Bonorable Murray A. Stoller, Mayor, and Members of City Council City of Roanoke, Virginia Gentlemen: In its October 16, 1963 meeting the City Planning Commission considered the above **zoning request. The Commission was informed by Mr. T. $. Fox, attorney for Mr. 6. G. Fralin, that it is planned to erect a small office building on the premises. This office building sill be erected by and for Mr. Maury L. Strauss who would acquire the property from the present owner. After studying pertinent maps on land use and traffic volumes, the City Planning Commission found that, because of recent development, the area between Brandon Avenue and Twenty-first Street, fronting on Colonial Avenue, has shown its potential for the location of small office buildings. The City Planning Commission noted that the development for office and institutional buildings would not be detrimental to adjacent resi- dential developmentt but serve as a buffer strip between business zones and residential neighborhoods. The City Planning Commission, however, stressed the point that it would be undesirable to permit retail stores and other highmay business developments in this particular location. 295 Assuming thut the building plans for n oee-story colonial office bailding as prsposed by Mr. Striusa will materialize, the City Planning Commission suggests to City Council *bat the above* mentioned property be rem*ned from General Residence to Business District. Respectfully submitted, S/ Nerner K. Sensbach for Harold W, Hill Chairmanu Mr. Tom Stockton Fox, Attorney. representing the petitioner, appeared before Council in support of the request. No one appearing ia opposition to the request, Mr, ~heeler moved that Council concur in the recommendation of the City Plannin9 Commission and that the following Ordinance be placed upon its first readlug: (=15498) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of Thc Code of the City of Roanoke, 1956, in relation to Zoning. WHEREAS. application has been made to the Council of the City of Roanoke by G. G. FralJn to have the property hereinafter described Fez*ned as hereinafter set forth; and WHEREAS, the City Planning Commission has recommended that the hereinafterl described property be rem.ned as requested and has hereinafter set forth; and WHEREAS, notice required by Title XV. Chapter 4. Section 43. of lhe Code of the City of Roanoke, 1956, rein*In9 to Zoning, has been published in "The Roan*kal: Norld-News#, a ueNspaper published in the City of Roanoke, for the time required by said section; and WHEREAS. the hearing as provided for in said notice published in said newspaper' was held on the 2nd day of December, 1963, at 7;30 pom., before the Counci of the City of Roanoke in the Council Chamber in the Municipal Building, at ~hich 296 AYe: Messrs. Dillard. Garland, Jones. Pollard, Mheeler. Young and Mayor Stoller ............................ 7. NAY5: None ....................O. BUSES: Mr. Leonard G. Muse. Attorney. and Mr. R. D. Cassell. President. Safety Motor Transit Company. appeared before Council. Mr. Muse advising that through September. 19~30 the bus company has suffered an operating loss of and a loss in passengers of 3.~ or $18.000. Mr. Muse requesting that the Safety Motor Transi~ Company be permitted to cha~ge its present fare schedule by ellmiaatl two tokens for $°35 and the $2.50 weehly pass. leaving $°20 cash fare and $ol0 soho fare. and that it also be relieved Of the 1~ gross receipts tax. it being estimated that this would give the company a net income before taxes Of $?5.000 per year and after taxes M~. Rbee~r =o~d that Council hold a public hearing on the request of the Safety Motor Transit Company at 2 p.m,. December 23. 1963. The motion mas seconded hy Mr. Young. Mr. Jones moved that the original mutton he amended by referring the request of the Safety Motor Transit Company that it be relieved of the 1~ gross receipts tax to the Tax Study Committee in connection with its study of the entire tax structure of the City of Roanoke. The motion was seconded by Mr. Pollard and unanimously adopted. The motion, as amended, was then unanimously adopted. PLUMBING CODE: Mr. R. S. Nelson, President of the Nestero Virginia Plumbing and Seating Contractors Association, appeared before Council and requested that Section 120, Chapter 3. Title XV, of The Code of the City of Roanoke, 1956. providing that cast iron joints used in plumbing shall be either caulked or screwed joints, be amended to permit au-hub soil pipe and fittings. Mr. Nelson introduced Mr. T. C. Brown. a representative of the Cast Iron Soil Pipe Institute, who exhibited the no-hub joint for cast iron soil pipe and fittings. Mr. Dillard moved that ,be request be referred to the Board of Plumber Examiners composed of Messrs. J. O. Meddle, Sro. Chairman. Ro T. Pit,man and O. Simpson for study, report and recommendation to Council. The motion was seconded by Mr. Pollard and unanimously adopted. FIRE UEPARZMENZ: A delegation of approximately 100 citizens and repre- sentatives of labor unions appeared before Council in the interest ~f having Mr. Nallace M. Mat,ox reinstated to his former position with the Roanoke City Fire Department. In this connection, the City Attorney submitted the following opinion: "December 2, 1963. Honorable Murray A. Stoller, Mayor of the City of Roanoke. Roanoke. Vir~lniao Dear Mayor Stoller: You have delivered to me a photostat of a letter written you and members of the Council of the City of Roanoke by a committee 297 beaded by Mr, Mllliam M, Johnson representing several locul labor unions and associations uppolated to take steps to bare Mr. Mallace M. Mu*tax reinstated to his former position math the Roanoke City Fire Department. la *hut letter the cowmJttee states that it bbs exhausted all remedies provided to it by the City administration and has requested to be placed on Gouncll*s agenda for December 2, 1963, in order that the case may be presented to you, You in turn hare requested my written legal opinion as to your and/or CouncJl"s authority in the matter. To determine this question one naturally tutus to the current Charter of the City of Roanoke. Section 21 thereof deals with the powers and duties Of the City Manager, That Section, inter alia, provides that the City Manager 'shall hare power, and it shall be his duty: **to appoint such city officers and employees as the council shall determine are necessary for the proper administration of the affairs of the city. with the .power to discipline and remove any such officer and employee,**' Section 32 of the Charter deals with the Fire Department. The first sentence of the second paragraph of that Section reads as follows: *The members of the fire department shall be appointed by the city manager and may be removed by Section ? of the Charter is entitled 'Limitations of the powers Of the council** So far as is relevant it reads and provides: members, shall dictate, urge or suggest the appointment Of any person to office or employment by the city manager, or in any manner interfere with the city manager. or prevent him from exercising his own judgment in the appointment of officers or employees in the administra- tive service;**.* In view of these provisions contained in the current Charter of the City of Roanoke, I do not see how anyone could reach any conclusion other than that the Mayor, the Council nor any of its members, has no authority whatsoever to reinstate or to direct or suggest that the City Manager reinstate Mr. Ma*tax to his former position with the Roanoke City Fire Department. Senate Joint Resolution No. 12 found in the Acts of the Ceneral Assembly of Virginia of 1946. at page 1005, may be of interest to you and the Council in this regard. Among other things it provides: vi. It is contrary to the public policy of Virginia for any State, county, or municipal officer or agent to be vested with or possess any authority to recognize any labor union as a representative of any public officers or employees, or to negotiate with any such union or its agents with respect to any matter relating to them or their employment or service,t lrusting that this brief letter fully answers your inquiries. I Respectfully, S/ Ran G. Rhittle City Attorney" Mr. Dillard took exception to the opinion Of the City Attorney and stated that in his opinion Section 22 of the City Charter which gives Council the power to make investigations as to city affairs permits the body to investigate the circum- stances surrounding the dismissal of Mr. Mat*ox. Mr. Arthur B. Crush, Jr,, Attorney. representing Mr. Mattox and the citizens present, reviewed the circumstances leading up to the dismissal of Mr. Ma*tax, Hr. Crush pointing out that Hr. Mattox was discharged by the Chief of the Fire Department for insubordination, which action was later upheld by the City 298 Manager, *hen he accused the Fire Chief and a member of Council of selling out the firemen on the question of a referendum for a shorter murk.meek, bui that Hr, Hattox mas under great stress at the time be made these accusations and he is ready to make a public apology if so desired, Mr, Crush concluding that he feels the punishment given HFo Mattox mas too severe and that suspension for a period of 30 to 60 days mould be sufficient. Speaking in behalf of Hr. Mattox mere Mrs. Lemmie D. Epperly, his mother, DF. Charles #. Corn*Il, and Messrs. Claude T. Tayloe, Jr** Este$ V. Rifle, Ralph Mottesheard, William M. Johnson, Billy Mullins and Cornice C. Milton. Mr. Dillard moved that Council appoint a commission composed of three impartial citizens under the provisions of Section 22 of the City Charter to revlem the matter. The motion was seconded by Mr, Garland, Mr. Young offered a substitute motion that Council request Mr, Crush and his group to again ash the City Manager if he is willing to reviem the Mattox case. PETITIONS AND COMMUNICATIONS: POLICE DEPAHTMENT: A communication from Hr, W. Frank Smyth, Jr** Director Division of Corrections of the Department of Meifare and Institutions, transmitting a report on an inspection of the police lockup by the Division on October 2g, was before Council. On motion of Rt. Jones, seconded by Mr. Wheeler and unanimously adopted, the communication and report were filed. CITY JAIL: A communication from Mr, M. Frank Smyth, Jr.. Director, Division of Corrections of the Department of Welfare and Institutions, transmitting a report on an inspection of the city jail by the Division on October 2g, 1963, was before Council. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the communication and report were filed. ZONING: A communication from Mr. T. L, Plunk*it, Jr,, Attorney, repre- senting Mr. Wu Clayton Lemon, et ux,, requesting that property looated on the west side of Patrick Henry Avenue, N. E., berm*em Forest Rill Avenue and Wanter Road. described as Lots 11-24. inclusive, Block 7, Laurel Terrace, Official Tax Nos. 3120706-3120712, inclusive, and property located on the east side of Byrd Avenue, N. E., between Forest Rill Avenue and Kanter Road, described as Lots 35-48, inclu- sive, Bl~k 7, Laurd Terrace, Official Tax Nos. 3120718-3120724, inclusive, be rezoned from General Residence Oistrict to Light Industrial District, was before Council. On motion of Mr. Jones, seconded by Mr. Wheeler and unanimously adopted, the request sas referred to the City Planning Commission for study, report and ZONING: A communication from Rt. Ralph A. Glasgow, requesting that property located on the southeast corner of Chapman Avenue and Thirteenth Street. S. M., described as the northern part of Lots ? and 8, Block 31, Fo Rorer Rap, Official Tax No. 1220301, be rezoned from Special Residence District to Business District, mas before Council. 299 On mntioa of Yre Pollard, seconded by Hr, Jones and unaolmonsly adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council, ZONING: -A communication from Mr, Walter W, Wood, Attorney, representing the heirs of Elmore D, Reins. requesting that a 9,?O§-acre tract of land bounded OD the west by Old Country Club Road, N, W,, on the south by Linwood Road, N, ¥,, and on the east by Victoria Street, N, ¥,, Official Tax No, 2540102, be retorted from General Residence District to Special Residence District,.mas before Council, On motion of Mr, Jones, seconded by Mr. Rheeler and unanimously adopted, the request mas referred to the City Planning Commission for study, report and recommendation to Council. GRADE CROSSINGS-STREETS AND A~LE¥S: Council having previously referred to a committee for study, report and recommendation the request of Mr, Ralph A, Glasg, that the City of Roanoke take action to establish a roadway and rallmay crossing over the tracks of the Norfolk and Kestern Railway Company as an extension of Roaooke Avenue, S. K., to provide ingress and egress to and from his property designated as Official Tax No. 1510301, and the committee havin9 reported that Mr. Glasgow has temporarily Withdrawn his request, a communlcatioa from Mr, Glasgow. advising that he has been unable to reach an agreement with the Norfolk and Western Railway Company concerning a crossing over its tracks on Roanoke Avenue, S. W., and asking that the committee appointed to study his request continue its stud? of the matter, was before the body. Mr. Wheeler moved that the request be tabled. The motion was seconded by Mr. Pollard and adopted. Mr. Young not voting. STREET LICHY$: A communication from Mr. O. S. Thompson, 205 Elm Avenue. So W.. requesting that a street light be installed in the alley running from First Street to Third Street. S. W., parallel to Day Avenue and Elm Avenue, was before Council. 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 to Council. With further reference to street lights. Mr. Young moved that the question Of installing a street light on Ountington Boulevard, N. E., midway between Bohon Street and Khitestde Street. also be referred to the. City Manager for study, report and recommendation to Council. The motion was secooded by Mr. Dillard and unani- mously adopted. PARKS AND PLAYGROUNDS: A communication from Mr. E. A. Alley. President. Wildwood Civic League, expressing the gratitude of the Wildwood Civic League for the many considerations shown the organization by the development of Thrasher Park and expressing a desire for the continuance Of such fine co-operation, was before Council. 3OO On motion of Mr, Young, seconded by Mr, Poll*rd and unanimously adopted, the communication mas flied. In this connection, Mr, Dillard moved that the City Manager be instructed to place a proper plaque on the picnic shelter Ja Thrasher Park. The motion mas seconded by Mr, Mheeler and unanimously adopted, REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUBLIC MORES: The City Manager submitted a written report, advising that ST,O00 is included In the proposed 1964 budget for the purchase of two chemical spreaders to aid in the removal of snow on the major thoroughfares and the downtown section of the city and that In order to benefit from this equipment during the winter months it will be necessary to advertise for bids at once so that the equipment will be delivered as soon after the first of January as possible, the City Manager pointing o~t that there is an unexpended balance of $4,200 in the Refuse Collection and Disposal budget for a truck that never purchased which could be used toward~ the purchase Of the two chemical spreaders in the event they are delivered in 1963, Mr, Pollard offered the following Resolution authorizing the City Manager to advertise for bids on two chemical spreaders: (=15499) A RESOLUTION authorizing the City Manager to advertise for bids for supplyin9 two chemical spreaders, (For full text of Resolution, see Resolution Book No, 26, page 437,) Mr, Pollard moved the adoption of the Resolution. The motion was. seconded by Mr, Dillard and adopted by the following vote, Messrs, Jones and Young stating that they would vote for one spreader but not for two: AYES: Messrs, Dillard, Garland, Pollard, Mheeler and Mayor Stoller ....5.1 NAYS: Ressrs, Jones and Young .........................................2- BRIDGES-PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager submitted a written report, advising that it would be highly desirable at this time to cut the curve on the west side where Thirteenth Street connects with the Memorial Avenue Bridge in connection with the widening and improvement of the Thirteenth Street Bridge and that Messrs. Joseph i. Driscoll and Michael Driscoll, Executors and Trustees for the land required to cut the curve, have agreed to accep $500 for the strip of land, the CitI Manager recommending that the city purchase said land for the sum of $500, Mr, Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15500) AN ORDINANCE providing for the acquisition of a small parcel of land for the widening of 13th Street, $. W., between the Memorial Avenue Bridge and the N, and M, Railway Bridge; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 458°) Mr, Pollard moved the adoption of the Ordinance, The motion was seconded by Rro Rheeler and adopted by the following vote: AYES: Me,mrs, Dillard, Garland, Jones, Pollard, Mb,el,r, Young and Mayor St.lieF ............................ 7. NAYS: None ....................O. Mr, Dillard then offered the following emergency Ordinance transferring $503 from Motor Fnel and Lubricants under Section #85, "Snow and Ice Removal,' of the 1963 budget, to the Thirteenth Street Bridge project, to cover the cost of the strip of landl (~15501) AN ORDINANCE to amend and reordain Section nBS, "Snow and Ice Removal," and Section zlTO, *Capital," of the 1963 Appropriation Ordinance, and providing for an emergency+ (For full text of Ordinance, see Ordinance Book No. 26. page 438.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Me,mrs, Dillard, Garland, Jones, Pollard, Wheeler, Y,un9 and Mayor St.lief ............................ NAYS: None .................... CROSSOVERS: The City Manager submitted a written report, recommendin9 that he be authorized to permit the installation of a 45-foot crossover to serve 3753 Peakmood Drive, S. R., and 3583 Peakwood Drive, Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the f. Il.win9 Resolution: (~15502) A RESOLUTION anthorizing the City Manager to issue a permit for the installation of one 45-foot sidewalk crossover to serve both No. 3?$3 and No. 3583 Peakwood Drive, S. Wa (For full text of Resolution, see Resolution Book No. 26, page 439.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded!~ by Mr. Dillard and adopted by the following vote: AYES: Me,mrs. Dillard, Garland, Jones, Pollard, Wheeler, Y.un9 and Mayor Stoller ............................ 7. NAYS: None ....................O, HEALTH DEPARTMENT-ALCOHOLIC BEVERAGES: Council having previously adopted Ordinance No. 15431, notifying the Division of Alcohol Studies and Rehabilitation Of the State Health Department of the termination of its lease for space occupied in the Health Center effective as of November 30, 1963, and having deferred action on a request Of Dr. John J.rko, representing the Roanoke Clinic, that Council reconsider its action, in order that the City Manager might determine whether or not suitable space is available elsewhere for the Roanoke Clinic, the City Manager submitted a written report, advising that due to the pressure of time, the imminent arrival of a permanent Commissioner of Health and the possibility of finding other space in the citl, he believes it would be the better part of wisdom to rescind the lease termination until ho has the opportunity to present to Council a more feasible recommendation with reference to the necessary space. 302 Hr. Follard off,red the follomJng emergen.cy Ordinance repealing Ordinance No. 15431: (#15503) AN ORDINANCE repealing Ordinance No. 15431; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 439.) Hr. Pollard moved the adoption of the Ordinance. The motion mas seconded by Hr. Nheeler and adopted by the following vote: AYES: Nessrs. Dillard. Garland. Jones. Pollard. Nh.el.r. Young and Nayor Stoller ........................... 7. NAYS: None .................... O. LIBRARIES: A communication from Mr. ~erner K. Sensbach. Director of City Planning. transmitting a report on branch libraries, was before Council. Mr. Pollard moved that the communication and report be received and filed The motion was secocded by Hr. Mbeeler and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Com- mission for study, report and recommendation a request of Mr. J. T. Eanes and Miss Helen McClanahan that Highland Avenue. S. E.. be vacated, discontinued and closed for a distance 162 I/2 feet east from First Street, and that the southern 75 feet of a 15-foot alley 155 feet east of First Street, S. E., extending from Hountain Avenue to Highland Avenue. also be vacated, discontinued and closed, the City Plannln9 Commission submitted a written report, recommending that the request be denied, Council having also appointed viewers to study the matter, the viewers submitted their written report, advising that they are unanimously of the opinion no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing the above described portions of said avenue and alley. Council being informed that the petitioners desire a public hearing, Mr. Wheeler moved that a public hearing on the matter be held at ?:30 p.mo, January 6, 1964. The motion was seconded by Hr. Dillard and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Com- mission for study, report and recommendation a request of Ouentin R. Jones and Margaret N. Jones that an alley east of South Jefferson Street and north of Third Street, S. E., between the southern 50 feet of Lot 1 and Lot 14, Block 1, Pleasant Valley Land Company, be vacated, discontinued and closed, the City Planning Com- mission submitted a written report, recommending that the request be denied. Council having also appointed viewers to study the matter, the viewers submitted a mrltten report, advising that they are unanimously of the opinion no inconvenience ~ould result either to any individual or to the public from vacating, discontinuing and closing the above alley. Council being informed that the petitioners desire a public hearing, Mr. Rheeler moved that a public hearing on the matter be held at 7:30 p.m., Jannary 6, 1964. The motion was seconded by Mr. Pollard and unanimously adopted. 303 ZONIRG: Council having referred to the City Planning Commission for study, report and recommendation a request of Hr, Jo H, Mash, et mx,. that property located on the southmesterly side of Brnndon Avenue, S. N.. between Grandin Road and 0elleville Road, described as Lots 11 and 12, Block 6, Lovell Court, Official Tax Nos, 1450304 and 1450305, be fez*ned from General Residence District to Special Residence District, the City Planning Commission submitted a written report, recommending that the request be granted. Mr, Pollard moved that a public hearing on the matter be held at 7:30 p,m** January 6, 1964, The motion was seconded by Mr, Jones and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mrs. Bessie Mo 5isson that property located on the southeast corner of Virginia Avenue and Monroe Street, N. N., described as Lots I and 2, Block 2i, Washington Heights, Official Tax Nos. 2761301 and 2761~02, be fez*ned from General Residence District to Special Residence District, the City Planning Commission submitted a written report, recommending that the request be granted, Mr. Jones moved that a public hearing On the matter be held at 7:30 p.m., January 6, 1964. The motion was seconded by Mr. Pollard 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, 19630 and ended October 31, 1963. On motion of Mr. Dillard, seconded by Mr. Pollard and unanimously adopted, the report was filed. REPORTS OF COMMITTEES: SALE OF PROPERTY: The Real Estate Committee composed of Messrs. Arthur $o Owens. Chairman. Roy R. Pollard. Sr.. Randolph G. Whittle and J. Robert Thomas submitted a written report, transmitting an offer of Mr. and Mrs. Isaac Harris, Jr., to purchase property located on the north side of Grayson Avenue, N. M., west of Eleventh Street, described as Lots 15 and 16, Block 10, Rugby Land Corporation, Official Tax Nos. 2231015 and 2231016, for the sum of $1,000 net cash, and recom- mended that the offer be accepted. Rr. 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. The motion was seconded by Mr. Wheeler and unanimously adopted. SEWERS AND STORM DRAINS: Council having referred to a committee composed Of Messrs. Walter L. Young, Chairman, Arthur S. Owens, Randolph G. Mhittle and Roy L~ Mebber, for study, report and.recommendation, the request of the Council Of the Town of Salem that the contract bets*em the City Of Roanoke and the Town of Salem dated October 16, 1953, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 2,2-acre tract of land located on both sides of U. $. Routes 11 and 460 immediately adjacent.to the eastern corporate limits of the Town of Salem, the committee submitted a sritten report, recommending that the request be granted. 3O4 Mr, Yoong moved that Council concur in the recommendation of the commiktee ned offered the following Resolution: (m15504) A RESOLUTION amending the contract of October 16, 1953o between the City of Roanoke and the Town of Salem, dealing with the treatment of domestic and commercial mastes. (For full text of Resolution, see Resolution Rook No. 26, page 440.) Mr. Young moved the adoption of the Resolution. The motion was seconded b~ Mr..Dillord and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard. Mheeler, Young and Mayor Stoller ............................ T. NAYS: None .................... O. LEGISLATION-CITY CHARTER: Council having appointed a committee composed of Messrs. James E. Jones, Chairman, Vincent S. ~heeler and Roy R. Pollard, St., to consider proposed changes in the City Charter, arising from time to time, and to the committee submitted a written report, recommending certain changes. Mr. Dillard stating be would like additional time to study the report, Pollard moved that action on the report be deferred until the next regular meeting of Council. The motion was seconded by Mr. Young and unanimously adopted, UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BOND ISSUES-AUDITORIUM-COLISEUM: Council having directed the City Attorne to prepare the proper measure providing for an auditorium-coliseum referendum on March 24, 1q64, he presented same; ~hereupon, Hr. Garland moved that the following Ordinance be placed upon its first reading: (~15~O5) AN DRDINANCE to provide for the issue of bonds nut to exceed .Five. Million Five Hundred Thousand Dollars ($5,$00.000) to defray the cost of permanent public improvements, to-wit: acquiaition of sites for, construction and equipment cf a civic center consisting of an auditorium and other public ~uildings including access facJlitiest parking areas and landscaping in connection therewith. ~E IT ORDAINED by the Council of the City of Roanoke as follows: I. It Js deemed expedient and necessary by the Council of the City of Roanoke, Virginia, to raise funds not to exceed Five Million Five Hundred Thousand Dollars ($5,500.000) to defray the cost Of needed permanent public improvements, consisting of an auditorium and other public buildings including access facilities, parktn9 areas and landscaping in connection therewith. 2. For the purpose of raising said funds to pay for the cost o~ said permanent public improvements, it is deemed expedient and necessary to issue, and there shall be issued from time to time within a period of five (5) years from the date of the election hereinafter referred to, bonds of the City of Roanoke, VirginS: in an aggregate amount not exceeding Five Million Five Hundred Thousand Dollars ($5,500.000). 305 3, That Council shall by resolution adopted from time to time prescribe the amount of said bonds to be issued from time to time and the form thereof, and all other details with respect thereto, in accordance with law. 4. Said bonds shall not be issued unless and until this ordinance has been approved by the affirmative vote of a majority of the freehold voters of the City voting at an election to be called in the manner provided by law to be held on the 24th day of Hatch. 1964, The motion mas seconded by MFo Pollard and adopted by the following vote: AYES: Hessrs, Dillard, Garland, Jones, Pollard. Wheeler, Young and Mlyor Stoller ............................ 7. NAYS: None ....................O, PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council having directed the City Attorney to prepare the proper measures providing for the purchase of property from Victor E. and Ottie K. Smith for $1,600 and from N. R. Booth for $350 and the institution of condemnation proceedings for the acquisition of property from J. H. Chrisman to provide the rights of way needed to construct a 60-foot street between the Hollins Road Bridge over the tracks of the Norfolk and Western Railway Company and the newly constructed Whit.side Street, he presented same: Mr. Wheeler moved that the following Ordinance providing for the purchase Of land from Victo£ E. and Ottie i. Smith be placed upon its first reading: (:15506) AN ORDINANCE providin9 for the purchase of portions of Lots 210 22 and 23, Block fl. Huntington Court Map, from Victor E. and Ottie K. Smith. WHEREAS. portions of Lots 21, 22 and 23, Block fl. Huntington Court Map, are needed by the City in providin9 a connecting road between the PollEns Road Bridge over the Norfolh and Western Railway tracks and ~hiteside Street and Victor E; and Ottie K. Smith have offered to convey such portions thereof as are needed for that purpose to the City of Roanoke for $1,600.00 net cash, which offer the City Manafler has recommended be accepted and in which recommendation this Council concurs THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Victor E. and Ottie K. Smith to sell unto the City those portions of Lots 21. 22 and 230 Block 8. Huntington Court Map~ shown in red on Plan No. 4413-C approved by the Director of Public Works under date of July 31. 1963. and on file in the office of the City Clerk. for $1.600.00 net cash. in fee simple and without encumbrances, and convey the same by a proper deed containingii general warranty and modern english covenants, be, and said offer is hereby, accepted. 2. Yhat the City Attorney cause the requisite examination of title to be made of said real estate and if it be. or is made. free of all encumbrances, to approve a proper deed pursuant to which said real estate shall be conveyed unto the City as contemplated by the above paragraph and upon delivery thereof..properly executed, to accept the same and transfer unto the aforesaid 9ran,ors. or the legal 306 ochers of the above-described real estate, a City voucher in the amount of $1,600.00 in exchange therefor, uhich said voucher the City Audi*oF Is hereby directed to give the City Attorney upon his request to be, by said City Attorney, exchanged for such properly executed deed. The motion was seconded by Mr. Pollard and adopted by the folloelng vote: AYES: Messrs. Dillard, Garland, Jones, Pollard. Wheeler. Young and #afor Stoller ............................ 7. NAYS: None ....................O, Mr. Young moved that the following Ordinance providing for the purchase of land from N, R. Booth be placed upon its first reading: (=15507) AN ORDINANCE providing for the purchase of a portion of Lot 20, Block 8, Huntington Court Map, from W. R, Booth. NHEREAS, a portion of Lot 20. Block 8, Buntington Court Nap, is needed by the City tn providing a connecting road between the Hollins Road Bridge over the Norfolk and Nestern Railway tracks and Rhlteside Street and W. R. Booth has offered to convey such portion thereof as Js needed for that purpose to the City of Roanoke for $350.00 net cash, which offer the City Manager has recommended be accepted and in which recommendation this Council concurs. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke as follows:. 1. That the offer of W, R. Booth to sell unto the City that portion of Lot 20, Block 8, Huntington Court Nap, ,shown in red on Plan No. 441~-C approved by the Director of Public Works under date of July 31. 1963, and on file in the office of the City Clerk. for $350.00 net cash, in fee simple and without encum- brances, and convey the same by a proper deed containing general warranty and modert english covenants, be, and said offer is hereby, accepted, 2. That the City Attorney cause the requisite examination of title to be made of said real estate and if it be, or is made, free of all encumbrances, to approve a proper deed pursuant to which said real estate shall be conveyed unto the City as contemplated by the above paragraph and upon delivery thereof, properly executed, to accept the same and transfer unto the aforesaid grantor, or the legal owner of the above-described real estate, a City voucher in the amount of $350.00 in exchange therefor, which said voucher the City Auditor is hereby directed to give the City Attorney upon his request to be, by said City Attorney, exchanoedfor such properly executed deed. The motion was secondedby Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller--~ ......................... 7. NAYS: None .................... O, Mr. Pollard moved that the following Ordinance providing for the acqui- sition of land from J. M. Chrisman be placed upon its first reading: 307 (m15508) AN ORDINANCE providing for the acquisition of certain real estate from J. H. Cbrisman, or the legal owner thereof, needed by the City in the eons*mc*lan of a road between the Hollins Road Bridge over the Horfolk and #es*era Railway tracks and the nemly cons*rooted Uhiteside Street. MHEREAS, this Council deems it necessary and essential that a connecting road between the Bollins Road Hridge over the Horfolk and HesteFn Railway *tachs and Rhiteside Street, south of Huntington Boulevard, he constructed and in order that this may be accomplished, it is necessary for the City to acquire from J. Chrisman, OF the legal owner thereof, approximately 39.?9 feet of real estate Off the southeFem0st portion of Lot 24, ~loch 8, Huntington Court Hap, as shown in blue on Plan Ho. 4413-C approved by the Director of Public Horhs under date of July 1963, and on file in the office of the City Clerk; and WIIEREAS, to effect such purpose, the City has heretofore caused requisite aluns and surreys to he made of the aforesaid proposed road in the vicinity of the above-described real estate and has employed an experienced person to appraise the value thereof, as well as the value of the damages, if any, resulting to the residue property of the owner and the cost of ndjustin9 said ownerts property and the improvements, if any, thereon and the damages, if any, to any other person accruing by reason of the City's acquisition and use of said real estate for the purpose above-mentioned, which appraisal and estimate have been considered by the Council, who considers the sum hereinafter authorized to be offered and paid to be fair and reasonable to the City and to the sald J. M. Chrisman and/or the lawful owner of the aforesaid property; and WHEREAS, there has been or is being appropriated by the Council for the purpose a sum sufficient to make payment of the price hereinafter authorized to be paid. TBEREFORE,.BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager be, and he is hereby, authorized and directed, for and on behalf of th, City, to negotiate for and offer to purchase the approximately 39o79-foot wide strip and approximately 8-foot wide slo~ easement off the southerly end of Lot 24, Block 8, Huntington Court Map, from J. M. Chrisman, or the lawful owner thereof, and to pay therefor the net cash sum of $469.20, which said sum is to be paid and accepted as full payment of th, value of the land purchased and easement acquired and of the damage, if any, resulting to the residue land of the owner and of the cost to such owner of adjusting the residue of said land and the improvements, if any, thereon,to neet any new situation resulting from the City*s use of the aforesaid real estate and slope easement for the purpose proposed. 2. That the City Auditor be, and he is hereby, directed to issue a voucher payable us directed by the CStI Attorney and deliver the same to the City 308 Attorney, who, in turn. is hereby authorized and directed to deliver such voucher to the party entitled to receive the same in exchange for a deed, first approved by said City Attorney, granting and conveying unto the City the real astute and easement contemplated in the preceding ordaining clause, 3. That, in the event the aforesaid listed onner and/or the legal onner, or onners, of the above-described real estate is unable or unmllling to consent to the City°s purchase thereof and the perpetual slope easement hereinabove mentioned or should the true owner, or owners, of the aforesaid real estate be unknonn or not. with reasonable diligence, be found within the State. then.and in such event, the City Attorney is hereby directed to institute and conduct, or cause to be instituted and conducted, appropriate legal proceedings in the name of the City of Roanoke to acquire, by the exercise of the CS,yes power of eminent domain, the real estate and slope easement as hereinabove described amd contemplated The motion was seconded by Hr. Rheeler and adopted by the following rote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ............................ 7. NAYS: None .................... O. BUDGET: COuncil having directed the City Attorney to prepare the proper measure thanking the four citizen members of the Budget Commission for the time, effort and thought they have put into the proposed budget for the year 1964 as submitted by the Budget Commission. he presented same; whereupon. Hr. Young offered the follomin9 Resolution: (=1S509) A RESOLUTION expressing the appreciation of this Council to the four freehold citizen members of the Budget Commission for the valuable assis- tance they rendered in thc preparation of the proposed annual budget for the (For full text of Resolution, see Resolution Book No. 26, page 441.) by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Nheelert Young and Mayor St.liar ............................ To NAYS: None .................... O. MOTIONS AND MISCELLANEOUS BUSINESS: STATE H1GRNAYS: Council having requested the United States Bureau of Public Roads and the Virginia Department of Highways to provide a lO-foot wide sidewalk adjacent to the east right of way line of Interstate Spur Route $81 between proposed to be closed under the project. Mr. E. L. Blankenship. representing pr,pert owners in the 300 amd 400 blocks of Church Avenue, S. E.. appeared before the body, advising that the property onners feel they should have a one-way street in addition to the sidewalk. 309 ' It appearing that the State Rlghmoy Commission will hold a public hearing in Roanoke on December 3, 1963, on the proposed relocation and improvement of a portion of Virginia State Route 24, which is presently located on Tazewell Avenue, S, E** beginning at the termination of Interstate Spur 501, Hr, Dillard moved that Mayor Stoller, the City Manager and any members of Council who can do so attempt to neet with members of the State Highnay Commission on the site tomorrow mith a view of relocatin9 3 1/2 Street, S. K. The motion mas seconded by Mr, Pollard and unanimously adopted. LEGISLATION-DEPARTMENT OF PUBLIC WELFARE: Mr. Wheeler brought to the attention of Council and moved that the City Attorney be directed to prepare the proper measure requesting the local representatives in the General Assembly to make every effort to hold or, if possible, reduce hospitalization costs for the medically indigent in the next session of the General Assembly, copies of said measure to be transmitted to all of the first-class cities in the State of Virginia and the State Board of Welfare and Institutions. The motion was seconded by Mr. Dillard and unanimously adopted. BOND ISSUES-AUDITORIUM-COLISEUM: Mr. Dillard pointed Out that it ~ill be necessary to have a freehold voters list in connection with the auditorium=coliseum referendum and moved that the City Attorney be directed to prepare the proper measure requesting the Commissioner of the Revenue to prepare a freehold voters list for the auditorium-colise~mreferendum to be held on March 24, 1964. The motion was seconded by Mr. Garland and unanimously adopted. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted,i! the meeting was adjourned. APPROVED ATTEST: /?/.. -, , / / City Clerk Mayor 310 COUNCIL, REGULAR MEETING, Wooday, December 9, 1963, The Council o~ the City of Roanoke net ia regular meeting in the Council Chamber ia the Municipal Building, Ronday. December 9. 1963, at 2 p.m~, the regular meeting boar. with Mayor Stoller presiding. PRESENT: Councilmen Benton O. Dillard. Robert A. Garland. James E. Jones Vincent S. Wheeler, Walter L. Young and Rayor Murray A. Stoller= ................... 6 ABSENT: Councilman Roy R. Pollard, Sr. - ...............................1 OFFICERS PRESENT: Mr. Arthur S. Ouens, 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 A. H. ~olllngsuorth, Pastor, Second Presbyterian Church. MIN~ES: Copy of the minutes of the regular meeting held on Monday, December 2, 1963, having been furnished each member of Council, on motion of Mr. Rheeler, seconded by Mr. Garland and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CXTIZENS UPON PUBLIC RATTERS: LlflRARIES: Pursuant to notice of adrert/sement for bids on repairing the elevator in the Roanoke Public Library, said proposals to be received by the City Clerk until 1:30 p.m., Monday. December 9. 1963, and to be opened at 2:00 p.m., before Council, Mayor Stoller asked if there were any questions about the advertise- ment 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; Mhere- upon, the City Clerk opened and read the one bid received from Dominion Elevator Company, Incorporated, in the amount of $6,335. Mr. Wheeler moved that the bid be referred to a committee to be appointed by the Mayor for study, report and recommendation to Council. The motion was seconded by Mr. Young and unanimously adopted. Mayor Stoller appointed Messrs. Walter L. Young, Chairman, Bueford B. Thompson, Rilliam L. Whitesides and H. Cletus Broyles as the members of the committe~ pETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. Richard T. Edwards, Attorney, representing Mrs. Natalie Roberts Foster, et al., requesting that property lacated on both sides of Moorman Road and the south side of Salem Turnpike. N. W., west of T~enty-second Street, described as Lots I-3A. inclusive, Block lOl. Melrose and Lots 1-3, inclusive, Block !00, Melrose. Official Tax Nos. 2322801-2322808, inclusive; also, Lots 1-15, inclusive, Block D, Horton Point, Official Tax Nos. 2323201-2323215 inclusive, be rezoned from General Residence District to Light Industrial District, was before Council. 311 On motion of Mr, #heeler. seconded by Hr. Jones and unanimously adopted. the request mas referred to the City Planning Commission for study, report end recommendation to Council. STREETS AND ALLEYS: A petition of Mr. James K. Buckholtz, Attorney, representing James C. Martin, Jr., and Gwynbiida J. Martin, requesting that ?0 feet of an alley running from Inutauga Street to Denuiston Avenue. S. W., parallel to Restorer Avenue, abutting part of Lots 3 and 4, Block ?, Roanoke Ghent Map, bo vacated, discontinued and closed, was before Council. Mr. Wheeler offered the following Resolution providing for the appointment of viewers: (si5510) A RESOLUTION providing for the appointment of five vieuers in connection with the application Of the abutting landowners to permanently vacate. discontinue and close that certain alley through a portion of Block 7. Roanoke Ghent Company Map, a copy of which map may be found in the Office of the City Engineer of the City of Roanoke, Virginia. (For full text of Resolution, see Resolution Book No. 25, page 446.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Rt. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, ~heeler, Young and Mayor ~toller--6. NAYS: None ............................................................... ~- (Mr. Pollard absent) Mr. Jone~ then moved that the request be referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded by Mr. Wheeler and unanimously adopted. SEWERS AND STORM DRAINS: A communication from Mr. C. N. Freeman. President, Diamond Chevrolet Corporation, 1B24 Williamson Road, N. W., complaining that storm waters from Wllliamson Road accumulate on Uaddock Avenue and suggesting that adequate drainage of the water into Carrion Creek from storm drains on Wiiliamson Road be furnished Or that the level of Maddock Avenue be raised to that of ~illiamson Road for a distance of approximately 175 feet, was before Council. On motion of mr. Jones, seconded by Mr. Garland and unanimously adopted, Council. 3.1.2 Hr. Jones moved that Council concur ia the request and offered the follouia9 Resolution: · (Sl5511) A RESOLOTIO~ relating to Ordinance No. 1520S granting to L. C. Cbnppeil an option to purchase certain real estate by extending the time heretofore provided for completion of said pnrchase. (For full text of Resolution, se~ Resolution Dooh NO. 26. page 447.) Mr. Jones moved the adoption of the Resolution. The motion .as seconded by Mr. Mheeler and adopted by the follouiag vote: AY£S: Ressrs. Dillard, Garland, Jones. Rbeeler. Young and Mayor Stoller .................................. 6. NAYS: None ...................O. (Mr. Pollard absent) REPORTS OF OFFICERS: 5TREE'f LIGHTS: The City Manager submitted a uritten report, recommendinG that street lights be installed at various locations in the city. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the folloMing Resolution: (g155121 A RESOLUTIO.~ 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 440.) Ur. Young moved the adoption of the Resolution. The motion was seconded ,~ by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones. Mheeler, Young and Rayor St.lief .................................. NAYS: None ...................O. (Mr. Pollard absent) BUDGET-CIYY JAIL: The City Manager submitted a written report, advising that emergency repairs to the two electric ranges in the city jail total $592.88 and that there is only $125.00 in this account, the City Manager recommending that $470.00 be appropriated to cover the difference in the cost of the repairs. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the f,Il,ming emergency Ordinance: (gl5513) AN ORDINANCE to amend and reordain Section ~30, )Jail." of the 1963 Appropriation Ordinance, and providing for afl emergency. (For full text of Ordinance. see Ordinance Book No. 26, page 440.) Rr. Young moved the adoption of the Ordinance. The motion Mas seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones. Mheeler, Young and Mayor Stoller .................................. 6. NAYS: None ...................O. imf. Pollard absent) BUDGET-DEPARTRENT OF PUBLIC ~ORKS: Council hating previously authorized an automobile allowance of $50 per month for the City Engineer, ~he City Manager submitted a ~ritten report, advising that it will be necessary to appropriate $100 to cover the car allowance during No~ember and December. 1963. 313 Mr. Young moved that Council concur in the report of the City Manager and offered the following emergency Ordinance: (115514) AN ORDINANCE to amend and reordain Section #flO.."Engineerlng Service** of the 1963 Appropriation Ordinance. amd providing for an emergency. (For full text of Ordinance. see Ordinance nook No. 26. page 449.) Mr. Yooeg moved the adoption Of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following rote: AYES: Messrs. Dillard. Garland. Jones. Mheeler. Young and Mayor Stoller ....... ~ ......................... 6. NAYS: None ...................On imf. Pollard absent} PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted a wrlttem report, recommending that Council approve Change Order No. C-I ~ith reference to the contract of Pyro Incinerator and Supply Corporation for the modernization of the Municipal Incinerator to cover changes Jn the ash hoppers and related work at total cost of $1.374o Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (I15515) A RESOLUTION authorizing the City Manager to issue a Change Order ~itb reference to contract *C" bet,eeo the City of Roanoke and Pyro Incinerator ~ Supply Corporation. dealing with the modernization of the CityOs Incinerator. (For full text of Resolution. see Resolution Hook No. RS. page 449.) Mr. Young moved the adoption of the Resolution. The motion Has seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Mheeler. Ycung and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Pollard absent) Mr. Young then offered the following emergency Ordinance appropriating the sum of $1,374: (=15516) AN ORDINANCE to amend and reordatn Section ~!70. *Capital.* of the 1963 Appropriation Ordinance. and providing for an emergency. IFor full text of Ordinance. see Ordinance Book No. 26. page 450.) 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. Mheeler, Young and Mayor Stoller ............................. NAYS: None ...................O. (Mr. Pollard absent) MUNICIPAL COURt: The City Manager submitted a written report, recommendin* that the Chief Municipal Judge be authorized to appoint up to twenty members of the ~ Police Force as Deputy Clerks of the Municipal Court as compared with the present maximum of eight members of the Police Department. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emeroency Ordinance: 3.1.4 (m15517) AN ORDINANCE authorizing the Chief Municipal Judge to appoint, from time to time, not more than tmenty(20) members of the Police Force and not more than three (3) other City employees as deputy clerks of the Municipal Court; repealing Ordinance No. 151825 and providing.for au emergency. (For full text of Ordinance, see Ordinance Book No. 26. page 450.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following rote: AYES: Messrs. Garland, Jones, Mheeler, Young and Mayor Stoller ......... S NAYS: Mr. Dillard ...................................................... 1 (Mr. Pollard absent) LANDMARKS-LIBRARIES: The City Manager submitted a written report. advising he has been informed by the Commissioner of Buildings that due to the unsafe condition of the old library building in Elmwood Park he has no alternative other than to condemn the building, the City Manager pointing out that there is a Resolution ~hich precludes him from removing landmarks, therefore, he is presenting the matter to Council for disposal. Mr. Dillard moved that the Mayor appoint a committee to view the property and submit its recommendation to Council. The motion Has seconded by Mr. Wheeler and unanimously adopted. Mayor Stoller appointed Messrs. Benton O. Dillard, Chairman, Walter L. Young and Murray A. Stoiler as members of the committee. DOGS: The City Manager submitted a written report, advising that pursuant to the direction of Council that he step up the enforcement of the Dog Ordinance, 154 dogs have been picked up during the past two months and 38 persons have been summoned to court for various violations of the Bog Ordinance, the City Manager conceding he was completely in error in believin9 that there would be objection to rigid enforcement of the Ordinance and continued enforcement will be maintained. Council indicating its approval of the action taken by the City Manager. Mr. Dillard moved that the report be filed. The motion was seconded by Br. Wheeler and unanimously adopted. FIRE DEPARTMENT: The City Manager submitted a written report, advising that Mr. Bradford L. Green, a member of the Fire 0epartment, resigned as of November 1, 1963. On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the report was filed. REPORTS: The City Manager submitted a written report, transmitting a report of the Department of Public Melfare for the month of October, 1963, and listing monthly departmental reports on file in his office. On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the report Mas filed. 315 report on the Chief AUDITS-MUNICIPAL COURT-SCHOOLS: The City Auditor submitted the follouln9 irregularities Ju the reporting of revenue from the Municipal Court by Clerk: 'December 4, 1q63 The Council of the City of Roanoke Roanoke, Virginia Gentlemen: Oa October 4. Iq63, the Chief Judge of the Municipal Court advised me that he had discovered irregularities in the report* lng of revenue from the Municipal Court by the Chief Clerk. Roodrow J. Lockard, and requested an investigation. On looking into the matter and discussing it with Mr. Lockard it developed that there were certain shortages in the office which Mr. Lockard explained had developed by reason of with- holding the fines, fees, and etc. On certain cases to cover shortages in the cash drawer which he advised he could not explain. Since the office handles both State and City funds the State Auditor of Public Accounts was advised and requested to cooperate in the audit which was thereafter conducted jointly by the perm sonnel of the State Auditor of Public Accounts and this office. The audit covered records for the years 1961, 1962, and 1963 and disclosed shortages in remittance of collections in the amount of $56.00 for the year 1961. $467.25 for the year 1962. and $269.75 for the year 1963; a grand total of $793.00. Mr..Lockard has made full restitution of these funds. All information concerning this matter has been given to the Commonwealth Attorney for bis consideration. It must be stated that the system in use for recording and reporting the receipts in the office was not adequate for quickly detecting failure to report receipts under certain circumstances and that space limitations in the Municipal Court offices are inadequate for the operations making it impossible to handle collections with the desired degree of security. In cooperation with the State we are revising the system of recording and reporting to eliminate deficiencies. However, Chief Judge Fitzpatrick advises that he cannot provide adequate security for the handling of funds in the office until additional space is made available. Respectfully submitted, S£ J. Robert Thomas City Auditor" After a discussion of the matter, Messrs. Dillard and Mheeler questioning the need for additional space and indicating it is up to the Chief Judge of the Municipal Court to request such space, Mr. Dillard moved that the report of the City Auditor be received and referred to the Commonwealth's Attorney for necessary action. The motion was seconded by Mr. Jones and unanimously adopted. With further reference to audi~rs, Mr. Jones moved that the matter of auditing the $5,000,000 public school bond account, which bonds were authorized by the freehold voters in a referendum held on March 11, 1958, be referred to the Auditing Committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Benton O. Dillard and Murray A. Stoller for handling with a view of closing out said account. The motion was seconded by Mr. Dillard and unanimously adopted. 316 REPORTS OF COMMITTEES: TAXES-LICENSES: The Tax Stud~ Committee submitted the following report, recommending that the method of ussessmect of veal estate currently employed in the City Of Roanoke be replaced with au annual assessment system and that au office of assessor of real estate be created for the continuing respon~iblity of uniform assessment throughout the city: 'INTERIM REPORT OF ROANOKE TAX STUDY COMMITTEE Submitted December 5, 1963 To The Cooncil of the City of Roan,he: Dy resolution ~ate October 15, 1962, the Council of the City of Roanoke appointed a committee composed of Frank M. Rogers, Jr., W. Vernon Hicks, James E. Carr. J. Robert Thomas and Charles R. Lescure for the purpose of studying the tax structure of the City of Roanoke and, thereafter to recommend unto the Council feasible means pursuant to uhich taxes, licenses and assesments imposed.by the City might promptly be made as fair and equitable as possible. organized and initiated its study of the tax structure Of the City of Roonoke. One of the first steps taken by the committee was to retain as committee consultant Lorln A. Thompson, Director of the Bureau of Population and Economic Research of the University of Virginia. In selecting Dr. Thompson, the committee was aware not only of his established ability and his general familiarity with the tax structure of the City of Roanoke and other communi- ties in the State, but also of his retention as adviser to the State Tax Study Commission appointed by Governor Harrison in 1962. Dr.Thompson's memorandum dated December 5, 1963. con- the committee fully concurs, is attached hereto. Included in the study sessions of the committee, uhich have been regularly held since its appointment, were public hearings devoted to the presentation of comments by the citizens of the City. The committee has benefited greatly from the comments made at these hearings. The committee*s study has concerned ali aspects of the tax structure of the'City. While thecommittee is not prepared at this time to make a final report, it does desire to no~ submit an interim report relating to the method of assessment of real estate in the City of Roanoke. The committee recommends certain changes in the method, and if Council should adopt the committee's recommendations, appropriate enabling legislation on the part of the General Assembly of Virginia m#st he sought at its session commenc- ing January, 1964. It is the opinion of the committee that the balance of its report should be withheld until the legislature has had an opportunity to consider and act upon the recommendations con- tained in the report of the State Tax Study Commission dated November 14, 1963. Recommendation of Roanoke Tax Study Committee Reqar~ino the Method of Assessment of Real Estate in th~ City of Roanoke ~. Svmmarv Zhe committee recommends that the current method of assess- ment of real estate Mhereby assessment is made every four years, be replaced with a system of annual assessment, and that there be created an office of permanent assessor of real estate to be responsible for equitable assessment of all real properties in the City. The committee considers the revision of the assessment method and the establishment of a permanent real estate assessor to be the single most important recommendation ~hich it can make to improve and render more equitable the tax structure of the City. 3~.7 In order that t~e commlttee*s'recommendation might be properly considered, it Is appropriate to reviem the method of assessment currently iu efYect and to evaluate its effectiveness. The Asses~meq~ The method of assessment ag real estate currently used in the City of Roanoke is the quadrennial reassessmen~ system. Every four years, a board of assessors, comprised of three members, is appointed by the Court of Lam and Chancery to make a general reassessment of properties in this City. These assessors bare approximately a period of one year within which to make their reassessment, the said reassess= meflt to become effective Janudry 1st of the following year. After the new reasse~snent' has been made a matter of record. citizens of the City are given an opportunity of review before a board ~f equalization. If a particular taxpayer is not abJ~ to obtain before this board what he considers to be a just assessment of his property, he then has recourse to the appropriate local court. In making its assessments, the board of assessors arrives at what it considers to be the true value of each parcel within the City. Having deterained the true value of a particular parcel, the board then applies to that valuation a predetermined percentage in Nhile there is no official report as to wha~ percentage was applied in the general reassessment just completed effective January 1, lg6~, it has been generally accepted that a percentage of 40~ was uniformly applied to ali parcels ia the City. This 40% figure is known as the ratio of fair market value to assess- Parenthetically, it should be noted that the custom followed lO0~ true value is similarly follo~ed in other localities, cities and counties alike, throughout the ~tate. The ratio used will vary from locality to locality, but its application is consistently made in every community except the City of Richmond, which purports to adhere to the Virginia Constitution requirement that ali property parcels in the City, the board applies techniques and measures generally accepted in theappraJsement of real property. The II~I. Effectivenes~ of the Oua~rennial Reassessment Metho~ On January ~0. 1952. in his report to the Roanoke Tax Study Committee then appointed to study City taxes. Dr. William H. Stauffer *At the present time Roanoke finds itself uithout a estate. The thoughtful citizen who concerns himself with to observe that a city of nearly !00,000 inhabitants and having upwards of 40.000 items of real estate on its land of this property and without benefit of any scientific machinery mith which to do the job* since learned the misdom of establishing continuing boards If the truth of these words was evident in 1952. it is even more of a growing, progressive city the size of Roanoke. within a year*s period of approximately 40.000 different parcels. Even with the effective data cards and map system provided and with 318 a large oumber of parcels in such abrief period of time. The committee net with the members of the board of assessors uho pointed out the lmpractlcaliW of trying to mahe a fair and proper assessment of so many properties ia such a short period of time. The committee has also received numerous reports from dis- satisfied citizens observing that the board or assessors had merely driven by their parcels without stopping to mahe thorough and detailed appraisement, mhich, of course, they were unable to d6 because of time limitations, TO illustrate the antiquated nature of the qnadrenniual assessment method, the committee observes the rather obvious distortion of assessment values mblch comes about when the real estate In a particular section of the City alters in aarhet value because of moue development In that section. If immediately subsequent to the effective date of a new reassessment, real estate values ia a particular section should drop substantially, for whatever the reason, there would be flu room for commensurate readjustment of assessment values until the next reappraisemeot due four years later. On the other hand, if true property values increase substantially for one reason or another, a quadrennial assessment defers the time when appropriate adjustments should be made and Is thus unfair to other taxpayers and to the City, The City of Roanoke is not stagnant. Changes are constantly being made. Yet under the present quadrennial reassessment method+ no adjustment can be made to reflect these changes until the completion of the current four-year period. The ineffectiveness of the current method is recognized not only by real estate experts, hut by the citizens of the City of Roanoke at large. The committee was impressed with the dissatis- faction expressed during the conduct of its public hearings. Citicism sas voiced at each of the meetings held in the various geographical parts of the City, and correction of the method was called for. The committee met with representatives of the city govern= ments of Richmond, Lynchburg. and Charlottesville, and also studied the assessment systems of other cities in Virginia. Roanoke is the only city of any size within the State which has not yet revitalized its assessment system to reflect the progress and growth of the City. The committee submits that the current quadrennial method is clearly inadequate. 319 The committee also submits that In establishing a permanent office of assessor of real estste, the revitalization.be brought about with the assistance of the appraisal staff of the ¥1rgfnla Department of Taxation. It would be possible to change to an annual system and create e real estate assessor, and stop at that point. It mould then be the task of the assessor to esthbllsh his appraisals accurately and with equality over a given period of time. The committee urges. however, that to thrum this burden upon the system and upon the nemly created office of assessor would be to remove' at the outset any opportunity for successful operation, As part and parcel of the annual assessment system and of the continuing office of assessor of real estate there belongs the establishment Initially of as nearly as correct and uniform appraisement as can be bad. The committee has considered the possibility of recommending retention of a private appraisal firm to make thorough reappraise~ meat of City properties. This possibility has been rejected because of the cost which the committee considers would be prohlbitise. However. the same result can be obtained by taking advantage of the appraisal service offered by the Department of Taxation of Virginia. mbich as provided by the Code of Virginia makes available to communities which so request expert appraisal service. The appraisers are under the competent guidance of the Director of the Division of Real Estate Appraisal end Rapping of the Department of Taxation. The committee has met with the Director and requested bis outline as to the services which his staff would provide and his estimate as to the cost of the appraisal. The Director of the Division of Real Estate Appraisal and Mapping has advised that, if requested, his staff would undertake a thorough reassessment during the two year period i965-66, com- pleting its work in time for the new annual assessment systec to become effective January 1, 1967. The work of the State appraisal staff would be primarily that of reassessment, the date card and mapping system already being in good order. The cost estimated for the reassessment, including the salary of the assessor of real estate of Roanoke, would not exceed the cost of reassessment as presently made under the quadrennial system. If the City of Roanoke should desire to retain the State appraisers for this p~pose, the Director would need to have notice by no later than June of 1964. VI, Specific Recommendations The Roanoke Tax Study Committee recommends that the method of assessment of real estate currently employed in the City of Roanoke be replaced with an annual assessment system and that an office of assessor Of real estate be created for the continuing responsibility of uniform assessment throughout the City. To implement its recommendation, the committee proposes that the following action be taken: (1) The Council of the City of Roanoke approve enablin9 legislation to be submitted to the General Assembly authorizing use by the City of an annual assessment system administered by a permanent real estate assessor directly responsible to the Council. (2) The Council of the City of Roanoke communicate its approval to the representatives of the City in the legislature and reqnest that the enabling legislation be introduced in the 1964 General Assembly and be supported to the end that it become law of the State. i3) The Council of the City of Roanoke pass subsequent to the effective date of the enabling legislation an appropriate ordinance setting forth the particulars of the annual assessment system to be employed in. Roanoke and esta~ ishing the office of assessor of real estate responsible to Council. (4) The Council of the City of Roanoke retain the appraisal staff of the Department Of Taxation of VirgJeia to assist in the establishment of the annual assessment system. (5) The Council of the City of Roanoke appoint an Assessor of Real Estate who shall be responsible for estab.lishing and maintaining an annual assessment system promoting accuracy and uniformity of assessment to the utmost extent possible. '320 (6) The Councllof the City of Roanoke'take such other action as may be appropriate and necessary to further the establishment of an annual assessment systemand office of assessor of real estate. Respectfully submitted, S! W. Vernon Hicks W. Vernon Hicks S/ J0m~s Er Cart James E. Cart SI Jt R~beF~ Thomas J. Robert Thomas S! Charles Rt L~scure Charles R. Lescure S! Frank ~, R~qers. Jr, Frank ~. Rogers, Jr.. Chairman' It appearing that Council has unde: consideration a recommendation of the City Charter Study Committee that the local representatives in the General Assembly be requested to introduce enabling legislation to permit the City of Roanoke to provide for the annual assessment of real estate for taxation by a single assessor, members of Council complimented the Tax Study Committee on the uork it has done and Ur. Young moved that the interim report of the Tax Study Committee be accepted. The motion was seconded by Mr. Mheeler and unanimously adopted. UNFINISHED BUSINESS: LEGISLATION-CITY CIIARTER: Council at its last regular meeting having deferred action on a report of the City Charter S~udy Committee recommending certain changes in the City Charter, the matter was again before the body. In a discussion of the recommendation of the committee under Item I that the local representatives in the General Assembly be requested to have the state law amended so as to enable the city of Roanoke to provide for the annual of real estate for taxation by a single assessor, Mr. Dillard pointed out that the question of a permanent Board of Assessors has been defeated twice by the voters of Roanoke in a referendum and he does not beliere the local representatives in the General Assembly will introduce the proposed amendment without another referendum. In answer to a statement by Mr. Dillard that the purpose of the annual assessment is'to increase taxes erery year. Hr. Frank M. Rogers. Jr.. Chairman of the Tax Study Committee. emphasized that the purpose is not to increase taxes but to have more nniform taxes; whereupon. Mr. Dillard stated he is in agreement with the Tax Study Committee in uanting a fair and equitable system, but, perhaps, not in agreement as to the method tO be followed in obtaining such a system. Mr. Young stated he feels Council should hold public hearings on all of the recommendations of the City charter Study Committee even though he is not in agreement with some of them, particularly the recommendation that the Budget Commission be abolished, and moYed that the report Of the committee be accepted and that a public hearing be held at ?:30 p.m., January 2, 1964, on the recommenda- tion contained in Item I of said report. The motion was seconded by Mr. Mheeler. Mr. Dillard offered a substitute motion that Council receive, the report of th~ City Charter Study Committee and direct the city Attorney to prepare an Ordinance calling for a referendum on the question of whether or not the people of the City of Roanohe desire a permanent assessor, the referendum to be held on March 24. 1964, The substitute motion fallen for lack of a second. The original motion Mas then unanimously adopted. Mr. Dillard moved thata public hearing be held at 7:30 p.m.. January 2, 1964, on the recommendation contained in Item 2 of the report that the Budget Commission be abolished. The motion was seconded by Hr. Wheeler and adopted by the folloMing rote. Mr. Garland and Mayor Stoller stating they f~el the Budget Commission should be continued and that they don't see any point in havin9 a public hearing on the question: AYES: Messrs. Dillard, Jones, ~heeler and Young ................4. NAYS: Mr. Garland and Mayor Stoller ............................ (Mr. Pollard absent) Mr. Wheeler then moved that a public hearing be held at ?:30 January 6, 1964, on Item 3, recommending that no change be made in the City Charter to provide that an officer Of the City of Roanoke may serve as a Commissioner of the City of Roanoke Redevelopment and mousing Authority; Item 4. recommending that no change be made in the City Charter with regard to the duties and responsibilities of the Mayor; Item 5, recommending that the City Charter be amended to permit the right to regulate and control the installation, alteration and repair of all combustion equipment, including internal combustion engines; and Item G. recommending! that the City Clerk. the City Auditor and the City Attorney serve at the will of Council rather than for terms of two years. The motion was seconded by Mr. Dillard and unanimously adopted. Mr. Jones moved that a public hearing be held at 7:30 p.m., January 7, 1954~ on Item 7, recommending that Council be empowered to appoint an Assistant City Manager; and Item 8, recommending the creation Of a Personnel Board. The motion was seconded by Mr. Dillard and unanimously adopted. In this connection, the City Attorney stated he was of the impression the Charter Study Committee Mas going to recommend that the local representatives in the General Assembly undertake to have the City Charter amended so as to grant unto the city the so-called "Stream-lined~ eminent domain procedure, the City Attorney explaining that in emergency cases the procedure permits the city to pay into court the appraised value of the real estate to be acquired by eminent domain and the damage to the owner*s residue and immediately thereafter take possession of the real estate, proceed Mtth its proposed improvements thereon and later litigate the matter and if necessary pay any additional sum the commissioners might find props or a lesser sum. 322 Nr, Joaes moved that this item be included.in the public hearing to be held on January 7, IGC4. The motionmas seconded by Mr, Dillard and unanimously adopted. Mr. Dillard then moved that the City Attorney be directed to prepare the necessary legal notices of the public hearings. The motion was seconded by Mr. Mheeler and unanimously adopted. CONSIDERATION OF CLAIMS: NONE, INTRODUCT ION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15498, rezonin9 property located on the northeast corner of Colonial Avenue and Twenty-first Street. S. M.. described as Lots I and 2, Block 4. Colonial Beights, Official Tax Nos. 1271301 and 1271302. 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. In this connection, Mr. Jones pointed out that the lower half of the block has been widened to 00 feet and raised the question of the property in the remaining half of the block on the east side of Colonial Avenue jutting out 10 feet. Mr. Mheeler moved that action on the second reading of Ordinance No. 15495 be deferred and the question of establishing a setback line on the east side of Colonial Avenue, S. M., from Drandon Avenue to Broaduay. be referred to the City Planning Commission for study, report and recommendation to Council. BOND ISSUES-AUDITORIUM-COLISEUM:+ Ordinance No. 15505, providing for the issue of bonds not to exceed $5.500,000 to defray the cost of permanent public improvements, to-wit: acquisition of sites for, construction and equipment of a civic center consisting of an auditorium and other public buildings including facilities, parking areas and landscaping in connection therewith, 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: (~15505) AN ORDINANCE to proride for the issue of bonds not to exceed Five Million Five Hundred Thousand Dollars l$5,500.000) to defray the cost of permanent public improrements, to-wit: acquisition of sites for. construction and equipment of a civic center consisting of an auditorium and other public buildings including access facilities, parking areas and landscaping in connection theremith. (For full text of Ordinance. see Ordinance Bo~ No. 26, page 442.) Mr. Garland moved the adoption of the Ordinance. The motion nas seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones. Mheeler. Young and Mayor Stoller .................................. 6. NAYS: None ...................O. (Mr. Pollard absent) PCRCHASE OF PROPERTY-STREETS AND ALLEYS: Ordinance No. 15506, providing for the purchase of portions of Lots 21, 22 and 23, Block 8, Huntington Court Map. from Victor E. and Ottie K. Smith for $1,600 net cash in connection with the 323 construction of a 60-foot street between the Hollins Road Bridge over the tracks of the Norfoih and Western Railway Company and the newly constructed Whiteside Street, 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 finaladoptlon: (~15506) AN ORDINANCE providing for the purchase of portions of Lo~s 21. 22 and 23. Block H, Huntington Court Map, from Victor K, and 0ttle K. Smith. (For full text of Ordinance, see Ordinance Book No. 26. page 443.) gr. Wheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Wheeler, Young and Mayor stOller ................................. NAYS: None ...................O. (Mr. Pollard absent) Ordinance No. 15507. providing for the purchase of a portion of Lot 20. Block B, Huntington Court Map. from W. R. Booth for $350 net cash in connection with the construction of the 60-foot street, 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: (n!5507) AN ORDINA~ CE providing for the purchase of a portion of Lot Block B, Iluntington Court Bap. from O. R. Booth. (For full text of Ordinance. see Ordinance Book No. 26, page 444.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. G~rland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Wheeler. Young and Mayor Stoller ................................. NAYS: None ...................Oo INr. Pollard absent) Ordinance.No. 15508, providing for the acquisition of a portion of Lot 24, Block B, Huntington Court Map, from Mr. J. M. Chrisman. or the legal owner thereof, needed by the city in connection with the construction of said bO-foot street, having preciously been before Council for its first reading, read and laid over, was again before the body. Mr. Wheeler offering the following for its second readin and final adoption: ig15508) AN ORDINANCE providing for the acquisition of certain real estate from J. M. Chrisman. or the legal owner thereof, needed by tie City in the construct'ion of a road between the Hollins Road Bridge over the Norfolk and Western Railway tracks and the ne~ly constructed ~hiteside Street. (For full text of Ordinance, see Ordinance Book No. 26, page 444.) Mr. Wheeler moved the adoption of the Ordinance. ~he motion was seconded by Mr. Young and adopted by the follo~ing vote: AYES: Messrs. Dillard, Garland, Jones, ~heeler,.¥oung and Mayor Stoller ............... d ................. 6. NAYS: None ...................O. imf. Pollard absent) , SALE OF PHOFERTY:, Council having directed the City Attorney to prepare the proper measure accepting the offer of Mr. and Hfs, Isaac Harris. Jr.. to purchase property located on the north side of Grayson Avenue, N.M.. most of Eleventh.Street, described as Lots 15 and 16. Block lO, Rugby Land Corporation. Official Tax Nos. 2231015 amd 2231016, for the sun of $1,O00 net cash, he presented same: whereupon, Mr. Nheeler moved that the following Ordinance be placed upon its first reading: (#15510) AN ORDINANCE accepting the offer of Hr. and Mrs. Isaac Harris. Jr** to purcAase Lots 15 and 16. Block lO. Rugby Land Corporation. Official Tax Nos. 2231015 and 2231016, for $1,000 net cash. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Mr. and Mrs. Isaac Harris. Jr** to purchase Lots 15 and 16. Block lO, Rugby Land Corporation. Official Tax Nos. 2231015 and 2231016. for $1.000 net cash. be. and said offer is hereby, accepted. 2. That the City Attorney be, and he is hereby, directed to prepart a proper deed pursuant to uhich the City conveys the aforesaid real estate, with covenants of special warranty, for the price named to the purchasers and. upon his approval of said deed. the Mayor and the City Clerk are authorized, respectively to execute and attest it, for and on behalf of the City, and the City Attorney thereafter is authorized to deliver it to the purchasers or to whomsoever, they may direct in exchange for the full purchase money. The motion was seconded by Mr, Garland and adopted by the following AYES: Messrs. Dillard, Garland, Jones. ~heeler. Young and Mayor Stoller .................................. NAYS: None ...................O. (Mr. Pollard absent) DEPARTMENT OF PUBLIC ~ELFARE: Council having directed the City Attorney to prepare the proper measure requesting the local representatives in the General Assembly to make every effort to hold or, if pos!ible, reduce hospitalization costs for the medically indigent in the next session of the General Assembly. copies of said measure to be transmitted to all of the first-class cities in the State Of Virginia and the State Board of Melfare and Institutions, he presented same, where- upon. Rr. Mheeler offered the following Resolution: (z15519) A RESOLBTION requesting the City*s delegation to the 1964 General Assembly of Virginia to make every reasonable effort to cause the portion the maximum per diem hospitalization cost for the medically indigent payable by municipalities to be reduced or, certainly, not allowed to be increased; and directing the City Clerk to mail an attested copy of this resolution to the govern- ing bodies of all first-class cities in the State, in the hope that said cities may take requisite actions to accomplish the desired result, and, also, one to the Director of the Department of Melfare and Institutions of the Commonwealth for his information. (For full text Of Resolution, see Resolution Book No. 26, page 451.) 325 I Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones, Nheeler, Young and Rayor Stoller--G. NAYS: None ............................................................... (Nr. Pollard absent) BOND ISSUES-AUDITORIUM-COLISEUM: Council having directed the City Attorney to prepare the proper measure requesting, the Commissioner Of the Revenue to prepare a freehold voters list for the auditorium-coliseum referendum to be held on March 24, Iqb4, he presented same; mhereupon, Mr. Dillard offered the follomlflg Resolution: (~15520) A RESOLUTION directing the Commissioner of Revenue to cause to be prepared n list Of the freeholders Of the City mbo are qualified to vote. (For full text of Resolution, see Resolution Book No. 26, page 452.) Mr. Dillard moved the adoption of the Resolution. The motion mas seconded by Mr. Mheeler and adopted by the folloming vote: AVES: Messrs. Dillard, Garland, Jones, Wheeler, Young and MayoF Stoller--~. NAYS: None ...............................................................O. (Mr. Pollard absent) ANNEXATION: Mayor Stoller offered the following Resolution directing the City Attorney to file responsive pleadings in the annexation suit of Edgehill residents, for and on behalf of the City of Roanoke, concurring in the request of the petitioners: (m15521) A RESOLUTION directing the city Attorney to file an answer in the annexation suit presently pending in the Circuit Court of Roanoke County. styled W. Franklin Angle, et al., v. City of Roanoke and County of Roanoke, concurr- ing in the prayer of the petition filed therein by a majority of the qualified voters of t~o areas adjoining the southern limits of the City that said areas, or major portions of them, be annexed to the City. (For full text of Resolution, see Resolution Book No. 26, page Mayor Stoller moved the adoption of the Resolution. The notion was seconded by Mr. Garland and adopted by the following vote: AVES: gess~s. Dillard, Garland, Jones, Wheeler, Voung and Mayor NAYS: None .................... O. (Mr. Pollard absent) MOTIONS AND MISCELLANEOUS BUSINESS: NONE, On motion of Mr. Jones. seco~ded by Mr. Mheeler and unanimously adopted. the meeting was adjourned. APPROVED 326 COUNCIL, REGULAR MEETING° Ronday, December 16, 1963. · The Council of the City of Roanoke met in regular meeting in the Council Chamber ia the Municipal Building, Mocday, December 16. 1963, at 2 p.m,, the regular meeting hour, uith Mayor Stoller presiding. PRESENT: Councilmen Benton O. Dillard, Robert A. Garland, James E, Jones Roy R. Pollard, Sr.. Vincent S. lheeler, lalter L. Young and Mayor Marray A. Stoller ................. ~ ................. 7. ABSENT: None ...................O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. ~hittle. City Attorney, and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting ~as opened ~ith a prayer by the Reverend L. E. Dumrlch. Pastor. First Church of the Nazarene. gEARING OF CITIZENS UPON PUBLIC MATTERS: GASOLINE: Pursuant to notice of advertisement for bids on furnishing the automotive gasoline requirements of the City of Roanoke from January 1. 1964, to December 31, 1964. said proposals to be received by the City Clerk until 1:30 p.m., ~onday. December lb, 1963, and to be opened at 2:00 p.m., before Council. Mayor Stoller asked 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: City Mater Fire 'Bi~er Gnraqe Oe~t. Deptv Regular Premium Reg'ular Premium net p-9- net p.g. net P-O- net p.g. Fuel Oil ~ Equipment Company. Inc. $.174 $.209 $.174 $.209 Salem Oil Company .1350 .1650 .1450 .1850 Gulf Oil Corporation .1249 .1562 .1307 .1622 American Oil Company .1262 .1570 .1310 .1570 Sinclair Refining Company .1251 .1572 .1251 .1572 Humble Oil ~ Refining Company .1540 .1870 .1540 .1070 The Atlantic Refining Company .1260.1570 no bid no bid Texaco. Incorporated .1259 .1579 .1310 .1579 Whiting Oil Company .1389 .1764 .1464 .1764 Mr. Jones 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 measures accepting the proposals of the lowestresponsible bidders. The motion was seconded by Mr. Garland and unanimously adopted. Mayor Stoller appointed Messrs. Roy R. Pollard, Sr., Chairman. Arthur S. Owens. Eldon J. Sayer and Bueford B. Thompson as members of the committee. 327 STATE HIGRMAYS: Mr. James A. Ford, President, Ronnohe Junior Chamber of Commerce, appeared before Council and advised that the proposed Arterial Highway Plan being prepared for the Roanoke Valley Regional Planning Commission by Howard. Needles, Tammeo and aergendoff, Traffic Consultants, includes an extension of Interstate Spur SOl from the vicinity of First Street and Elm Avenue, S. through the southwest section of the city to the intersection of U. S. Route 220 and~VirginJa State Route 119, Mr. Ford stating that the Junior Chamber Of Commerce has undertaken 'a preliminary study of the feasibility Of extending the spur east of Mill Mountain through the farm land ~hich skirts Garden City to U. $. Route 220 south of Clearbrook School and the preliminary study revealed the proposed alternate route is morthy Of a complete detailed professional study as a basis for comparison mith the presently proposed route, it being the opinion of the Jaycees that the alternate route would supplement a proposed bridge to the southeast section, be far more economical tO the citizens of the Roanoke Valley area, rejuvenate the of future land and facilities for desirable industrial development purposes in Junior Chamber of Commerce requesting Council to authorize the City Planning Director made by Council as to the final route until such report is completed. After a discussion of the matter. Mr. Dillard moved that the request of the Roanoke Junior Chamber of Commerce be referred to the Roanoke Valley Regional as. possible. The motion was seconded by Mr. ~heeler and unanimously adopted. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, advising that the construction of Spur Route 581 necessitates the removal of 23 street lights in the vicinity of the Orange Avenue-Second Street intersection, and recommended that Council authorize the removal of the lights. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (=15522) A RESOLUTION authorizing the removal of certain street lights in the vicinity of the Orange Avenue-Second Street intersection which lights are no longer needed due to the construction of Interstate Spur 591. (For full text of Resolution, see Resolution Book No. 26, page 455.) Mr. Garland 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, hheeler. Young and Mayor Stoller ............................. NAYS: None .....................O. '328 BUDGET-DEPARTMENT OF PUBLIC MELFARE: The City Manager submitted n uritten report, recommending that SOO0 be transferred from Materials-Building and Property and $?00 from Fees for Professional and SpeCial Services to Food, Medical and Housekeeping Supplies under Section s54, *City Home,* of the 1963 budget. Mr. #heeler moved that. Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (z15523) AN ORDINANCE to amend and reordain Section ~54, *City Home," of the 1963 Appropriation Ordinance, and providing for aa emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 456.) Mr. Mheeler 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, Wheeler, Young and Mayor Stoller .............................. NAYS: None ......................O. BUDGET-DEPARTMENT OF PUBLIC MELFARE: The City Manager submitted a written report, recommending that $1.000 be appropriated to Medical and Housekeepin, Supplies under Section z51, "City physician," of the 1963 budget. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15524) AN ORDINANCE to amend and reordain Section m51, "City Physician, of the 1963 Appropriation Ordinance. and providing for an emer§ency. (For full text of Ordinance. see Ordinance Book No. 26. page 456.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Gariand and adopted by the following vote: AYES: ~essrs. Dillard. Garland. Jones. Pollard, Mheeler, Young and Mayor Stoller ..... ~ ......................... NAYS: None ......................O. BUDGET-DEPARTMEN~ OF pUBLIC MELFARE: The City Manager submitted a written report, advising that in accordance with the provisions of Section 63-69.1 of the Code of Virginia. welfare budget estimates for the biennium beginning July 1, 1964. have been prepared and are being submitted to Conncil to review and tentative- ly indicate the extent to whichit sill participate in the financing of same. After a discussion of the budget estimates with Miss Bernice F. Jones, Director of Public Welfare, Mr. Young moved that Council concur in the recommenda- tion of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion sas seconded by Mr. Dillard and unanimously adopted. DELINQUENT TAXES: The City Manager submitted a written report, recommend- lng that the City Attorney be authorized and directed to cause suits in equity to be instituted and conducted for the purpose of enforcing the city*s liens for delinquent taxes and for razing houses on two parcels of land. one of record in the name of Cora Hancock and the other of record in the name of Rosa Robertson. 329 Mr. Young moved that C~uacJl concur in the recommendation of the City Manager and offered the follcuing Resolution: (#15525) A RRSOLGTIO~ authorizing and directing the City Attorney to cease.suits in equity to be instituted end conducted for the purpose of enforcing the City's liens for delinquent taxes and for razing houses on two lots, one of record in the name of Cola Rancock and the other of record ia the name of Rosa Robertson. (For full text of Resolution. see Resolution Book No. 26. page 457.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: MessFSo Dillard. Garland. Jones, Pollard, Wheeler, Young and Mayor Stoller ............................. ?. NAYS: None .....................O. AIRPORT: The City Manager having previously advised Council that the Federal Aviation Agency has allocated $140.OOO under the terms of the Federal Airport' Act for Project No. q-44-012-14 at Roanoke Runicipai (Woodrum) Airport for the fisca! year beginning July 1. 1q64, he submitted a written report, recommending that Council approve the project in the total amount of $200,OOO and authorize him to submit a Project Application therefor. Mr. Pollard moved that Council concur in the recommendation of the City Ranager and offered the following Resolution: (g!5526) A RESOLUTION authorizing the City Manager to cause a Project Application to be prepared and, thereafter, execute and submit the same to the Federal Aviation Agency for approval, consisting of certain improvements proposed to be made at Roanoke Municipal (Woodrum) Airport; and expressing this Council*s willingness ti*provide funds to pay a certain proportion of the cost of such improvements during the 1964 calendar year. (For full text of Resolution, see Resolution Book No. 26, page 457.) 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 Stoller ............................. NAYS: None .....................O. STATE HIGHWAYS: Council having requested the United States Bureau of Public Roads and the Virginia Department of Highways to provide a lO-foot wide sidewalk adjacent to the east right of way line of Interstate Spur Route 581 between Tar,sell Avenue and Church Avenue, S. E., in view of the fact ~hat 3 1/2 5treat is proposed to be closed under the project, and property owners in the 300 and 400 blocks of Church Avenue, S'. E.. having advised Council they feel they should have a one-ray street in addition to the sidewalk, and it having been decided that representatives of the city would meet with members of the State Highway Commission 33O with a view of relocating 3 1/2 Street, S. E., the City Manager submitted a written report, advising he has been informed by the Department of Highways that it mill Include a S-foot sidewalk in the project and he assumes any additional cost for a lO-foot sidemnlk and/or relocation of the street will have to be borne by the city, the City Manager recommending that Council approve the 5-foot sidewalk. In this connection, Mrs. O. P. ~ray, Mr. and Mrs. Milliam K. trumbull, Mrs. H. G. Lamder and Mr. J. Herman Sigmon. property owners in the 300 and 400 blocks of Church Avenue, S. E., appeared before Council and advised they are agreeable to a 5-foot sidewalk but they still want the street relocated, Mr. Sigmon stating that to close the street will lower property values o~ Church Arenue. After a discussion of the matter, Mayor St~ll~ pointing out that Council has done all it can to have the relocation of the street included in the Interstate Spur Route S81 project, and Mr. Dillard and Mr. Jones lndicatJn9 that Council might consider relocating the street at city expense at a later date if it becomes apparent the situation is acute, #r. Yawn9 moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (u!5527) A RESOLUTION repealing Resolution No. 15492; and requesting the United States Bureau of Public Roads and the Virginia Department of Ilighways to provide a 5-foot wide sidewalk adjacent to the east right of way line of Interstate Spur Route 581 between Tazewell Avenue and Church Avenue, S. E. (For full text of Resolution, see Resolution Dock ~io. 26, page 45~.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. ~heeler and adopted by the following rote: AYES: Messrs. Dillard, Garland. Jones. Pollard. Wheeler. Yawn9 and Mayor Stoiler .............................. 7. NAYS: None ......................O. SEWERS AND STORM DRAINS: Council having referred to the City Monager for study, report and recommendation a complaint of Mr. C. N. Freeman, President, from Williamson Road accumulate on Maddock Avenue and the suggestion that adequate furnished or that the level of Maddock Avenue be raised to that of Willianson Road for a distance of approximately 175 feet. the City Manager submitted a written report, pointing out that it would require an expenditure of several million dollars to install a storm drainage system in the area and that to raise the grade of Maddock Avenue without storm drains would create a problem on the south side of review the area in general for the purpose of ascertaining whether or not Jt would be possible to experiment with one or more additional' drainage wells in an attempt to relieve the situation. Mr. Wheeler moved that the City Manager be directed to request'Dr. Byron Cooper to review the area in the vicinity of Milliamson Road and Maddock Avenue, N. W.. for the purpose of ascertaining whether or not it would be possible to 331 experiment uith one or wore additional drainage wells. The motion los seconded by Mr. Pollard and unanimously adopted. STATE HIGHMAYS: Council having negotiated uith the United States Bureau of Public Ro~ds and the Virginia Department of Bighuoys for the construction of the Bells Avenue underpsss in connection uith the Interstate 5par 581 project, the City Ranager submitted u uritten report, advising that the Highway Department has agreed to construct the underpass with project funds if the city will construct the approaches to Mells Avenue for an appreciable distance mith city funds, the City Ranager presenting Plan No. 4831 showing an 80-foot wide street from William- son Road to Fourth Street. N. E.o at an estimated cost Of $60.900. and recommending that Council indicate its willingness to construct the street, express.its appreciation to the Bureau of Public Roads and the Department of Highways for their splendid spirit Of cooperation in this matter and include $10,500 In t~e proposed 1964 budget to cover needed right Of way and moving of a sign and signal installation. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution expressing the millinone~s of Council to construct the street and the appreciation of Council for the cooperation of the Bureau of Public Roads and the Department of Righways: (g15520) A RESOLUTION expressing this Council's willingness to construct at its sole expense, an BO-fooL wide road from the east side of Willia~son Road in an easterly direction to the west side of 4th Street. N. M., and passing under Interstate Route 581, which underpass is to be constructed as a part of said Inter- state system; and expressing to certain Federal and State officials this Council's appreciation for their co-operation in the premises. (For full text of Resolution. see Resolution Book No. 26, paOe 459) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Barlafldand adopted b~ the following vote: AYES: Messrs. Dillard, Garland, Jones. Pollard. ~he~ler, Young and Mayor 5toiler ............................ NAYS: None ...................O. Mr. Dillard then moved that the question of appropriating $10.500 for acquisition of right of way and removal of a sign and signal installation be referred to 1964 Budget Study. The motion was seconded by Mr. Wheeler and unanimously adopted. BUDGET-PAY PLAN: The City Manager submitted a verbal report, advising that the Overtime account of the Pay Plan has been exhausted, and recommended that $3,500 be appropriated for the balance of the year. Mr. Dillard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (g15529) AN ORDINANCE to amend and reordain Section glbb. *Overtime Pay Under Job Classification Plan," of the 1963 Appropriation Ordinance, and providing for an emergency. 332 (For fall text of Ordinance, nee Ordinance Book No,.26, page 460.) Mr; Dillard moved the adoption of the Ordinnaceo The motion mas seconded by Mr. Hheeler and adopted by the follouJag rote: AYES: Ressrn. Oillard, Garland, Jones. Pollard, ~heeler, Young nad Yayor Stoller ........................... 7. NAYS: Hone ...................O. ROUSING-SLUM CLEARANCE-AUDITORIUM-COLISEUM: Council having author*izod the City Manager to execute an agreement, for and on behalf of the City of Roanoke, with the United States of America, Housing and Hrme Finance Administrator, accepting an offer to advance $50,000 to the city for preliminary planning in connection with the proposed construction of an auditorium-coliseum, the City_Msnager submitted a written report, advising that the scope of the original agreement has been enlarged to include an Exhibition Hall and that it is necessary to modify the agreement to cover this addition. Mr. Garland moved that Council concur in the report of the City Manager Offered the following Resolution: (~15530) A RESOL~rEION modifying the Agreement for proposed Public {orks Plan Preparation (Project No. P-VA-$OS9) between the Bousing 9nd Home Finance Agency and the City of Roanoke, accepted by the City on January 7. 1963. (For full text of Resolution, see Resolution Book No. 26. page 460.) Rt. Garland moved the adoption of the Resolution. The motion was seconded by Rt. Jones and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones. Pollard, Mheeler. Young and Mayor Stoller ........................... 7. NAYS: None ...................O. PLANNING-FIRE DEPARTMEnt: Mr. Werner K. Sensbach, Director of City Planning. submitted a written report on fire stations, proposing for. an up-to-date system of fire stations the consolidation of the centrally located stations, namely Nos. I and 3, and possibly 4; the construction of a new central fire station west of Third Street. $. M., between Norfolk Avenue and Salem Avenue on city-owned property; the constru:tJon of new fire stations near the Crossroads shoppin9 area in the Nilliamson Road section, the Roanoke-Salem Shopping Center iff the M~shington Heights section and on Brambleton Avenue for the southwest section; and the construction of fire station in the East Gate section after the industrial development anticipated in this general area has materialized. gr. Dillard moved that the report be filed for future consideration. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEF~: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15498, rezoning property located on the northeast corner of Colonial Avenue and Twenty-first Street, S. W., described as Lots I and 2, Dloch 4o Colonial Heights, Official Tax Nos. 1271301 and 12T1302, from General Residence District to Dusiness District, having previously been before Council for its first reading, read and laid over, and consideration of the Ordinance on its second rendlhg having been deferred pending a study by the City Planning Commission of a setbach line on the east side of Colonial Avenue. S. U.. from Drandon Avenue to Rroadmay. the matter was again before the body. In this connection, Mr. TOm 5tochton Fox, Attorney, appeared before Council and presented a communication, advising that his client, Mr. Mnury L. Strauss, who Is purchasing the property from Mr. G. G. Fralln, is willing to convey to the city a lO-foot strip of land along the front of the lots for street widening purposes in exchange for curb and gutter if the property is resorted. Mr. Pollard offered the following Ordinance for its second reading and final adoption: (~15490) 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 454.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Hr. Young and adopted by the follo~ing vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Kheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. SALE OF PROPERTY: Ordinance No. 15510, providing for the sale of property located on the north side of Grayson Avenue, N. ~.. ~est of Eleventh Street, described as Lots 15 and 16. Block ID. Rugby Land Corporation. Official Tax Nos. 2231015 and 2231016. for the sum of $1.000 net cash. having previously been before Council for its first reading, read and laid over. was again before the body. Mr. Young of.fering the followin9 for its second reading and final adoption: (~15510) AN ORDINANCE accepting the offer of Mr. and Mrs. Isaac Harris, Jr.. to purchase Lots 15 and 16. Block 10. Rugby Land Corporation. Official Tax Nos. 2231015 and 2231016, for $1,000 net cash. (For full text of Ordinance, see Ordinance Book No. 26, page 454°) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the follo~ing vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor stoller ........................... 7. NAYS: None ...................O. MOTIONS AND MISCELLANEOUS BUSINESS: SOUTHEAST CIVIC LEAGUE-PARKS A~D pLAYGROUNDS: Mr. Claude T. Tayloe. Jr., a member of the Southeast Civic League and President of the Fallon Park Improvement Committee, appeared before Council and expressed the appreciation of the citizens Of the southeast section for the beautification of Fallon Park and other improvements made in the southeast section. 333 334 AIR POLLUTION: It Oppearlng that the term of Mr, Mlnston S. Sharpley as, a member of the Advisory and Appeal Board, Air Pollution Control, expires December 31. 1963, Mayor Stoller called for nominations to fill the vacancy. Br. Young placed in nomination the name of Mission S.Sharpley. There being no further nominations. Mr, ~inston S. Sharpley uss reelected as a member of the Advisory and Appeal Board, Air Pollution Control, for a tern of four years beginning January 1, 1964, by the follouing rote: FOR MR. SBARpLEY: Messrs. Dillard, Garland, Jones, Pollard, ~heeler, Young and Mayor Stoller .................... 7. PLANNING COMMISSIONS: It appearing that the term of Mr. Dorman M. Miller as a member Of the Roanoke Valley Regional Planning Commission expires December 31. 1963. Mayor Stoller called for nominations to fill the vacancy. Mr. Jones placed in nomination the name of Dornan M. Miller. There being no further nominations, Mr. Dornan M. Miller was relected as a member of the Roanoke Valley Regional Planning Commission for a term of three years beginning January 1, 1964, by the following vote: FOR MR. MILLER: Messrs. Dillard, Garland, Jones, Pollard. Mheeler. Young and Mayor 5toller .................. ?- 5TABICU: It appearing that the terms of the President of the Touchdown Club and Messrs. JaNes M. Satterfield, E. Marvin Lemon, Guy L. FUFF, Rex T. Mitchell Jr., and Earl A. Fitzpatrick as members of the Stadium Advisory Committee expire December 31. 1963, Mayor Stoller called for nominations to fill the vacancies. Mr. Mheeler placed in nomination the names of E. Price Ripley. President of the Touchdown Club, and James M. Satterfield, £. Marvin Lemon, Guy L. Purr, Rex T. Mitchell, Jr.. and Earl A. Fitzpatrick. There being no further nominations, Mr. E. Price Ripley was unanimously appointed as a member of the Stadium Advisory Committee for a term of One year beginning January 1, 1964. and Messrs. James U. Satterfield, E. Marvin Lemon. Guy L. Purr, Rex T. Mitchell, Jr.. and Earl A. Fitzpatrick were unanimously reappointed as members of the Stadium Advisory Committee for terms of two years each beginning January 1, 1964. YOUTH COMMISSION: Mayor Stoller pointed out that there is a vacancy on the Youth Commission due to the resignation of Mrs. Glen R. McLeod who has moved out of the city and called for nominations to fill the vacancy. Mr. Jones placed in nomination the name of Milliam H. Edwards. There being no further nominations, the.Reverend Milliam H. Edmards was unanimously appointed as a member of the Youth Commission to fill the unexpired term of Mrs. Glen R. McLeod ending April SO, 1964. LIBRARIES: Mayor Stoller pointed out that there is a vacancy on the Roanoke Public Library Board due to the death of Dr. E. B. Downing and called for nominations to fill the vacancy. 335 Mr. Dillard placed ia oomiontion the name of George P. Laurence. There being no further nominations, Mr. George P. Laurence mas elected us · member of the Roanohe Public Library Doard to fill the unexpired term of Dr. E. D. Downing ending June 30. 1965. by the following vote: FOR KR. LAMRENCE: Messrs. Dillard, Garland, Jones, ~ollard. Mheelero Young and Mayor Stoller .................... ?. CITIZENS' COMMITTEE: Mayor Stoller pointed out that there is a vacancy on !The Citizens* Committee for Greater Roanoke due to the death of Mr. V. D. Garnand and called for nominations to fill the vacancy. Mr. Jones placed in nomination the name Of James RoChisom. There being no further nominations, Mr. James R. Chisom was unanimously appointed as a member of The Citizens' Committee for Greater Roanoke to succeed Mr. ¥. II. Garnand. Mayor Stoller also pointed out that there is another vacancy on The Citizer Committee for Greater Roanoke due to the resignation of Mr. J. R. MacKenzie who has moved out of the city and called for nominations to fill the vacancy. Mr. Garland placed in nomination the name of Dilly Muilins. There being no further nominations, Mr. Billy Mullins was unanimously appointed as a member of The Citizens' Committee for Greater Roanoke to succeed Mr. J. R. MacKenzie. On motion of gr. Dillard, seconded by Mr. Mheeler and unanimously adopted. the meeting was adjourned. APPROVED ATTEST: City Clerk 336 COUNCIL. REGULAR MEETING, Monday, Beceaber 23. 1963, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday. December 23, 1963, at 2 p.m., the regular meeting hour, with Mayor Stoller presiding. PRESENT: Councilmen Benton O. Dillard. Robert A. Garland. James E. Jones Roy R. Pollard, Sr., Vincent S. Mheeler, Malter L. Young and Mayor Murray A. Stoller ............................... ABSENT: None ........T ..... O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph G. Whittle, City Attorney. and Mr. J. Robert Thomas. City Auditor. XN¥OCATION: The meeting was opened with a prayer by the Reverend C. Eearns, Pastor, Fifth Avenue Presbyterian Church. MINUTES: Copies of the minutes of the regular meeting held od Monday, December 9, 1963, and the regular meeting held on Monday, December 16. 1963. having been furnished each member of Council, on motion of Mr. Pollard, seconded by Mr. Young and unanimously adopted, the reading thereof Has dispensed with and the minutes approved as recorded. ltEARING OF CITIZENS UPON PUBLIC M~TTERS: DEPARTMENT OF PUBLIC MORKS: Pursuant to notice of adrertisement for bid~ on supplying two chemical spreaders for removal of snow, said proposals to be received by the City Clerk until 1:30 p.m., Monday, December 23. 1963. and to be opened at 2:00 p.m., before Council. Mayor Stoller asked 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 ~ith the openin! of the bids; whereupon, the City Clerk opened and read the folloHing bids: Richmond Machinery & Equipment Co., Inc. $3,7BO.00 Cary Hall Machinery Co.. Inc. 4,062.63 Municipal Sales Company, Inc. 4,430.00 The Tidy Corporation 4,912.00 Shaffer Equipment & Supply Co. 4.999.50 Carter Machinery Company. Inc. No Bid Highuay Machinery ~ Supply Co., Inc. - NO Bid Capital Equipment Co.. Inc. - No Bid Bemlss Equipment Corporation - No Bid On motion of Mr. Dillard, seconded by gr. Wheeler and unanimously adopted the bids Here referred to the City Manager for tabulation and report later during the meetin9. Later during the meeting, the City Manager submitted a written report, together uith a tabulation showing the bid of Richmond Machinery and Equipment Com- pany, Incorporated. in the amount of $3,?§0. as low bid. Mr. Young offered the follouing Resolution accepting the bid of Richmond Machinery and Equipment Company, Incorporated: (~15531) 'l RESOLUTION accepting the proposal of Richmond Machinery ~ Equipment Company, Inc., for supplying two chemical spreaders; authorizing the Purchasin9 Agent to issue the requisite purchase order; and rejecting all other bids 337 (For full text of Resolution. See Resolution Book No. 26, page 46L) Mr. Young moved the adoption of the Resolution. The motion was seconded by MFo Dillard and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard. Rheeler. Young and Mayor Stoller ........................... NAYS: None ...................O. BUSES: Council having previously set a public hearing for 2 p.m.. Decemhe] 23, 1963, on the request of the Safety Motor Transit Company that it be permitted to chang? its present fare schedule by eliminating two tokens for 35 cents and the $2.50 weekly pass, ieavln9 20 cents cash fare and I0 cents school fare. the matter was before the body. In this connection, Rt. Leonard G. Muse, Attorney, and Mr. R. D. Casseil. General Manager of the Safety Motor T~ nsit Company. appeared before Council, Mr. Muse advising that he knows of no objection to the elimination of tokens, but there is some objection to the elimination of passes, and the bus company has no objectiot to continuing the passes provided the amount thereof is increased, preferably to $3.S0, but, certainly, not less than $3.25. Mr. Millis C. Royall emphasized that the retired people of Roanoke would be the ones ~ho would suffer if passes are eliminated and stated he ~ould have no objection to the cost of the passes being increased to $3.25. Mr. Edwin M. Young, Attorney, called attention to a recent bus accident allegedly due to brake failure involving another bus company. Mr. Young contending that if the bus had been regulated as are interstate commerce buses there is a good chance the accident would never have happened since interstate commerce demands the latest safety devices and voicing the opinion that the city should set standards for buses operating within the city limits and see that they are enforced. Everyone present having been given an opportunity to be heard on the ques- tion of bus rates. Mr. YoRng moved that Council approve a fare schedule of 20 cents cash fare. 10 cents school fare and a $3.25 weekly pass and that the City Attorney be directed to prepare the proper measure establishing the revised fare schedule. The motion was seconded by Mr. Wheeler. Mr. Garland moved that the motion be amended to provide for a $3.00 weekl pass. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland. Jones and Mayor Stoller ............4. NAYS: Messrs. Pollard, ~heeler and Young ........................... After a further discussion of the question, the minority protesting that anything less than a $3.25 weekly pass will probably necessitate relieving the bus company of its 1~ gross receipts tax. and the majority contending that if the weekly pass does not produce sufficient revenue the bus company can always come back to Council and request an additional increase, the motion, as amended, was adopted by the following vote: 338 AYES: Messrs. Dillard, Garland, Jones and Mayor Stoller .............. 4. NAYS: #essrs. Pollard, Wheeler end Young ..............................3. Mr. Garland then moved that the request or Mr. Edwin M. Young that the City of Roanohe require safety inspections of buses operating mithin the city limits be referred to the City Manager for study, report and recommendation to Council. The motion mas seconded by Mr. Jones and unanimously adopted. pETITIONS AND COMMUNICATIONS: PURCHASE OF PROpERTY-LIBRARIES: A communication from Mr. Elmer G. Quam. requesting that Council consider purchase of his tract of land located at IBOi Dale Avenue. S. E., as n future site for a library in the southeast section of the city. nas before the body. On motion of Mr. Wheeler, seconded by Mr. Dillard and unanimously adopted, the request was referred to the City Manager for study, report and recom- mendation to Council. BUDGET-SCHOOLS; A communication from Mr. Clarence M. Hawkins, Chairman, Roanoke City School Board, advising that $?,34T.2~ will be needed in order to pay completely the approved tuition grant applications for the remainder of the year, was before Council. Mr. Pollard moved that Council co~tcur in the request and offered the following emergency Ordinance: (u15532) AN ORDINANCE to amend and reordain "Public Schools" of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book NO. 26, page 462.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard, Jones. Pollard, Wheeler and Young .............5. NAYS: Mr. Garland and Mayor Stoller .................................. Those voting for Ordinance No. 15532 pointing out that Council committed itself to appropriating funds for tuition grants when it adopted the 1963 Budget, Mr. Jones moved that the City Attorney be directed to prepare a legal opioion as to his interpretation of the state law ~ith regard to tuition grants and what alterna- tive Council might expect ii it declines to include funds for tuition greets in the 1964 Budget. The motion was seconded by Mr. Young and unanimously adopted. BUDGET-SCHOOLS: A communication from Mr. Clarence M. Hawkins. Chairman. Roanoke city School Board. advising that since March 11. 1963, a Manpower Retrainin Program in General Machine Shop Operation has been conducted by the Roanoke City School Board, which program is entirely financed by the Federal Government under the auspices of the State Board of Education, that $23,011.13 has been received as reimbursement on this program and that it will be necessary to appropriate $22.300. to complete special iostruction for the remainder of the year. was before Council. Mr. Pollard moved that Council concur in the request and offered the following emeroency Ordinance: 339 (m15533)' AN ORDINANCE to amend and reorduin "Public Schools" of the 1963 Appropriation Ordinance, and providing for aa emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 462.) Mr. Pollard moved the adoption of the Ordinance. The motion nas seconded by Mr. Dillard and adopted by the folloming vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Rheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. BUDGET-SCHOOLS: Council at one of its budget study sessions having decide to request the Roanoke City School Ooard for detailed information on its program for mentally retarded pupils, a communication from Dr. E. M. Rushtoa. Superintendent of Schools, transmitting an outline of the program, mas before Council. Dr. Rushton pointing out there have never been enough special education classes to meet the need: of the children in Roanoke, that for the past two years the School Board has had to eliminate additional special education teachers and a psychologist because funds mere not made available to expand services in this area. that at the present time Roanoke is meeting the needs of approximately oneofourth Of its mentally retarded children, but that if the General Assembly makes additional appropriation for special classes Roanoke schools mill be able to expand this program into the secondary schools to take care of those who need such classes. Mr. Young moved that the whole question of special education classes be referred to 1964 Budget Study. The motion was seconded by Mr. Dillard and unani- mously adopted. ZONING: A communic~ion from Mr. Robert Lee Short, Sr., requesting that property located on Orange Avenue. N. E., east of Vinton Mill Road. described as Acreage, John T. Short Rap, Official Tax No. 3330501, be rezoned from General Residence District to Business District. mas before Council. On motion of Mr. Jones, seconded by Mr. Pollard and unanimously adopted, the request was referred to the City Planning Commission for study, report and I~ recommendation to Council. BUDGET-COMPENSATION BOARD: Copies of communications from the Compensation Ooard of the Commonwealth of Virginia, fixing the salaries and expenses of the offices of the Clerk of the Courts. Attorney for the Commonwealth, Commissioner of the Revenue, City Treasurer and City Sergeant for the calendar year beginning January 1, 1964. mere before Council. Mr. Young moved that the approved budgets be referred to 1964 Budget Study, The motion mas seconded by Mr. Mheeler and unanimously adopted. AUDITS-MUNICIPAL COURT: Council having referred a report of the City Auditor, advising of irregularities in the reporting of revenue from the Municipal Court by the Chief Clerk and of a shortage in remittance of collections totaling $?93 for which the Chief Clerk has made full restitution, to the Commonwealth's Attorney for necessary action, the follomi~g communication from the Commonwealth*s Attorney was before Council: 34O · , "December 10, 1963 Honorable Murray A. Statler Mayor of the City of Roanoke end Members of City Council Roanoke,. ¥lrgiuia Gentlemen: In response to your motion of December 9, IR&3 regarding certain shortages existing in the Municipal Court in the City of Roanoke, an investigation bas been completed by this office with the co- operation of the Roanoke City Police Department. Captain Murray O. Cochran mas instructed by Major Frank ~ebbo Superintendent of Police, to cooperate and mork with this office in the investigation. All the employees of the Municipal Court were questioned by Captain Cochran or myself, and a statement was received from Judge Deverly T. Fitapatrick and Mr. Alfred N. Gibson. Assistant City Auditor. Mr. ~oodrom J, Lochard mas interrogated extensively by both Captain Cochrau affd myself, and I bare had conferences on previous occasions with both the City Auditor and a State Auditor, Mr. Woodrow J. Lockard, former Clerk of the Municipal Court. has maintained throughout that he meter, on any occasion, converted any money to his own personal use and that the manipulation of the records covering a period of three years was only done to cover shortages which grew Out Of his office either through negligence or mistakes. He stated that on many occasions be had taken money from his OWn pocket in order to balance the books and that he felt that he could not continue this in view of his small salary. Restitution of the full amount was made by Mr. Lockard at the suggestion of his immediate employer and the City Auditor, and Mr. Lockard further stated that he did this primarily because he felt that he had, at least, a moral obligation to cover the shortages. At the end of each work day all money collected, along with the cash register tapes, was placed in the vault located in the Clerkts office, and the money was not counted until the following day, at which time it was simply dumped together, and if they came up short there was no way of determining with accuracy where the shortage originated. In addition to this, several employees had access to the money drawers and to the safe, although Mr. Lockard in fin way indicated that any other employee was responsible for the shortages, and nothing was revealed in our investigation which would indicate this. One of the largest sums missing was brought about admittedly by Mr. Lockard in the early Spring of 1952 when he inadvertently left a money hag on top of the safe over the week-end, and nhen he discovered this on Monday morning and counted the money he found that he was $300.00 short. Er. Lockard stated that he had come to the Police Department for the purpose of signing a warrant on a Saturday, and when his attention was called to another matter he failed to return the money bag to the safe. In conclusion, it is not my duty nor the purpose of this report to draw any conclusions other than whether or not I think that the State could prove beyond a reasonable doubt that the Clerk of the Municipal Court or anyone else converted the missing money to their own personal use. Based upon personal interrogation of employees and others with a peculiar knowledge of the circumstances and from conclusions reached by the auditors, I do not think that there is sufficient evidence to prove beyond a reasonable doubt that there have been violations of either the State law or City ordinances. Respectfully yours, $! Leroy Moran LEROY MORAN Commonwealth's Attorney* Off mat/on of Mr. Wheeler, seconded by Mr. Garland and unanimously adopted the communication was filed. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommendin, the installation Of street lights at various locations in the city. 341 Mr. Young moved that Council concur In the recommendation of the City Manager and offered the following Resolntlon: (z15534) A RESOLUTION authorizing the iastallation of street lights at various locations.In the City of Roanoke. (For full text of Resolution, see Resolution Book No. 26, page 463.) Mr. Youeg 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 Stoiler ............................ 7. NAYS: None ....................O. BUDGET: The City Manager submitted the following report recommending appropriations to various accounts to cover expenses for the balance Of the year: "Roanoke. Virginia December 23, 1963 To the City Council Roanoke, Virginia Gentlemen: I am in receipt of a letter from the Auditing Department advising balance of the year. appropriations. Circuit Court: 21-21 Fees for Professioflal & Special Services 75.00 Health Department: 40-20 Utilities 100.00 40-41 Motor Fuel ~ Lubricants 25.00 Traffic Engineering & Communications: 63-41 Motor Fuel ~ Lubricants i?S.O0 Relief Operator 60.00 Life Saving Crew: 69-41 Motor Fuel 100.00 Street Repair: 81-41 Motor Fuel 2,000.00 Municipal Building: 06-20 Htilities 1,250.00 Airport: 00-20 Utilities 250.00 HO-41 Motor Fuel ~ Lubricants 100.00 Fly, Mosquito ~ Rodent Control: 98-41 Motor Fuel ~ Lubricants 75.00 Garage: 99-20 Utilities 1,000.00 Stadium ~ Athletic Field: 112-20 Utilities 1,500.00 City Scales: gO-21 Fees for Professional 6 Special Services 25.00 Refunds ~ Rebates: 154-5 Fines 200.00 Law ~ Chancery Court: 22-21 Fees for Professional ~ Special Services 500.00 Respectfully submitted, S/ Arthur S. Owens City Manager" 342 Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the f,Il,ming emergency Ordinance: (m15535) AN ORDINANCE to amend and reordaiu certain sections of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 463.) 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. Mheeler. Young and Mayor ~toller ............................ 7. NAYS: None ...................O. CITY MARKET: The City Manager submitted a written report, recommending that he be authorzied to rent display cases and refrigerated storage boxes in vacant stalls at the City Market ucder certain terms and conditions. Mr. Nheeler moved that Council concur in the recommendation of the City 343 / Robert W. Woody, J. W. Burress. E. R. Vaught. William H. Carder and T. E. Frentz. Jr, for study, report end recommendotioo to Council. The motion was seconded by Mr. Pollard and unanimously adopted, CITY AUDITOR: The City Auditor submitted · monthly statement of the receipts and disbursements of the City of Roanoke for the fiscal period commencing January 1. 1963, nad ended November 30, 1963. On motion of Mr. Dillard, seconded by Hr, Pollard and unanimously adopted. the report was filed, STREETS AND ALLEYS: Council having referred to the city Planning Commission for study, report and recommendation n request of tbe Magic City Motor Corporation that Commonwealth Avenue, N. E,, from its southerly terminus at the intersection of Walker Avenue to its intersection with Gregory Avenue; Gregory Avenue. N, E., from its iptersection with Commonwealth Avenue to the westerly side of Fifth Street, and the two alleys lying in Block !!, Fairvlew Addition, be vacated, discontinued and closed, the City Planning Commission submitted a ~ritten report, advising that the Planning Commission has tabled the request until the major highmay plan has been received, studied and approved by Council. After a discussion of the matter, Mr. Dillard stating it is his under- standing the petitioner objects to the request being tabled, Mr. Pollard moved that action on the matter be deferred until the next regular meeting of Council. The motion was seconded by Mr. Dillard and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Commis- sion for study, report and recommendation a request of James C. Uartin, Jr., and ~wynhilda J. Martin that 70 feet of an alley runnin9 from Wautauga Street to Benniston Avenue, S. ~.. parallel to westover Avenue. abutting part of Lots 3 and Dlock ?, Roanoke Ghent Map, be vacated, discontinued and closed, 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 7:50 p.m., February 3, 1954. The motion was seconded by Mr. Young and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study. report and recommendation a request of the Virginia Pentecost Heirs and the Pet Milk Company that property located on the south side of Rorer Avenue, S. W., between Elewnth Street and Tmelfth Street, described as Lots 10 and 11, Block 29, F. Rore~ Official Tax Nos. 1212907 and 1212905, be rezoned from Special Residence District to Business District, the City Planning Commission submitted a written report, recommending that the request be granted. Mr. Wheeler mored that a public hearing on the matter be held at ?:50 p.m.~ February 5, 1964. The motion was seconded by Mr. Young and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. ~. Clayton Lemon, et ux., that property located on the west side Of Patrick Benry Avenue, N. E., between Forest Hill '344 Avenue and Ranter Road, described as Lots 11-24, inclusive, Block 7, Laurel Terrace, Official Tax Nos. 3120706-3120712, laclusiveo and-property located on the east side of Byrd Avenue, N.E.o between Forest Bill Avenue and Kanter Rood, described as Lots 35-48, fnclusfre, Block 7, Laurel Terrace. Official Tax Nos. 3]20710-3120724, Inclu- sive. be rezoned from General Residence Blstrict to Light Industrial Bistrict, the icily Planning Commission submitted a mrJtten report, recommending that the request be granted. · . BF. Mheeler moved that a public hearing on the matter be held at February 3, 1964. The motion was seconded by Br. Youog and unanimously adopted. ZONING: Council havin9 referred to the City Planning Commission for study report and recommendation a request of Mr. Ralph A. Glasgow that property located the southeast corner of Chapman Avenue and Thirteenth Street, S. W., described the oortbern part of ~ots ? and Bo Block 31, F. Rorer Rap, Official Tax No. 1220301. be rezoned from Special Residence District to Business District. the City Planning Commission sobmitted a written report, recommending that the request be granted. Rt. Kheeler moved that a public hearing on the matter be held at ?:30 p.m. February 3, 1964. The motion was seconded by Rt. Young and unanimously adopted. ZO~I~: Council having referred to the city Planning Commission for study report and recommendation a request of the heirs of Elmore D. Helms that a 9.?00- acre tract of land bounded on the west by Old Country Club Road. N. M., on the south by Linwood Road. N. W., and on the east by ¥1c{oria Street, N. W., Official Tax No. 2540102. be rezoned from General Residence District to Special Residence District. the City Planning Commission submitted a ed tten report, recommending that the req be granted. Mr, Mheeler moved that a public hearing on the matter be held at 7:30 p.m. February 3. 1964. The motion was seconded by Mr. Young and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mrs. Natalie Roberts Foster. et al., that property located on both sides of Moorman Road and the south side of Salem Turnpike, ~. W.. west of Twenty-second Street, described as Lots 1-aA. inclusive, Block lOl. Melrose, and Lots 1-3, inclusive, Block 100. Melrose. Official Tax Nos. 2322801-2322608, inclusive, also. Lots 1-15. inclusive. Block B. Horton Point, Official Tax Nos. 2323201-2323215, inclusive, be rezoned from General Residence District to Light Industrial District, the City Planning Commission submitted a written report, recommending that the request be granted. Mr. Rheeler moved that a public hearing on the matter be held at 7:30 p,m, February 3. 1964, The ~otion was seconded by Mr. Young and unanimously adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. 345 INIRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: DEPARTMENT OF PUBLIC RELFARE: Coancil having directed the City Attorney to prepare the proper measure tentatively approving the biennial estimates of anticipated welfare needs of the City of Roanoke and the anticipated financial requirements to cover the cost thereof for the fiscal years ending June 30, and June 30, 1q66, as prepared bi the local Director of-Public Melfare, he ,resented same; whereupon, Mr. Pollard offered the following Resolution:. (z15537) A RESOLUTION tentatively approving the biennial estimates of ~nticipated welfare needs Of the City of Roanoke and tentatively indicating the extent to ~hich said City will participate in the financing of the costs of the same. (For fall text of Resolution, see Resolotion Uook No. 25, page 465.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and ad opted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller---~ ....................... 7. NAYS .......................... O. MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET: Mr. Dillard brought to the attention of Council changing the fiscal year of the City of Roanoke from the calendar year to the period beginnin9 July 1, and ending June 30, in conformity with the federal and state budget year, Mr. Dillard outlining the advantages of the change, particularly in those departments receiving federal and state funds. After a discussion of the matter. Mr. lheeler moved that the question be taken under advisement. The motion was seconded by Mr. Pollard and unanimously adopted. OFFICE HOURS-CITY EMPLOYEES: Mr. Dillard brought to the attention of Council the matter of authorizing city bmployees to have the afternoon off on Christmas Eve beginning at I p.m. After a discussion of the matter, Mr. Young and Mayor Stoller pointing out that a half day for the members of the Fire Department is twelve hours and expressing the opinion that the firemen will not be satisfied pith four hours equivalent time off. Mr. Dillard offered the following Resolution: (=15538) A RESOLUTION establishing a portion of Tuesday, December 24. 1963 as a legal holiday for the current year only. (For full text of Resolution. see Resolution Book No. 26. page 466.) Mr. Dillard 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 and Wheeler ............. NAYS: Mr. Young and Mayor Stoller ...................................... 2. FIRE PROTECTION-DEPARTMENT OF PUBLIC WELFARE: Mr. Pollard called attentio~ to the fact that a report of the Chief Of the Fire Department i rdicates, a recent 346 inspection of the Carter Hursin9 Home for fire hazards shomed a laxity in routine fire safety measures and moved that the matter be referred to the City #ansger for a thorongh study of mhat Is required to make the nursing home safe and to report back to Council, The motion was seconded by #r. Young and unanimously adopted. DEPARTHENT OF PUBLIC HELFARE: Hr. Pollard called attention to the fact that a report of the Director of Public Welfare on a recent incident in mhich one of the patients at the City Home became lost and was later found dead contains suggestions that may offer more future security for patients at the City Home and moved that the question of more stringent safety measures be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Hr. Dillard and unanimously adopted. BUDGET-TAXES: ar. J. H. Johnson. City Treasurer, appeared before Council and advised that he has a bid of SI.HO0 for the printing of the 1954 real estate tax tickets within tlenty days of the placing of the order therefor, and that he has another bid for the printing of the tickets in ten days, but that the cost will involve overtime and amount to approximately $900 more than the first bid. Mr. Johnson requesting that Council establish the )964 tax rate at the present meeting in order that he might proceed with the printing of the tax tickets on the basis of the first bid. After a discussion of the matter, it being brought to the attention of Council that Ordinance No. 15045. adopted December 17, 1962. established a tax rate of $3.45 on every one hundred dollars of assessed value for the 1963 tax year, and annually thereafter until otherwise provided, Mr. Young moved that no change be made in the tax rate. The motion sas seconded by Mr. Wheeler and unanimous ly adopted. Mr. Johnson then pointed out it will also be necessary for him to show tax rate for operation of the city government and operation of public schools separately on the 1964 tax tickets. Council being of the opinion that the tax rate for operation of the city 9overnment should be $.?1 per one hundred dollars of assessed value, the same as it was in 1953, and that the tax rate for the operation of public schools should be $2.74 per one hundred dollars of assessed value, the same as it was in 1953, Mr. Mheeler offered the following Resolution: (m15539i A RESOLUTION directiag the City Treasurer. agreeable to the provisions of Section 34 of the Roanoke Charter of 1952, as amended, to cause the 1954 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 govern- ment 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. 25, page 457.) Mr. Mheeler moved the adoption of the Resolution. The motion was secondec by Mr. Pollard and adopted by the follomtng vote: 347 AYES: Messrs. Dillard. Garland. Jones. Pollard, Mheeler. Young and Mayor Stoller .................. ?. NAYS: None .......... O. COUNCIL: Mr. Garland moved that Council extend the Season's Greetings to the employees and citizens of the City of Roanoke. The motion mas seconded by Mr. Dillard and unanimously adopted. On motion of Hr. Jones, 5ecouded by Mr. Pollard and unanimously adopted. the meeting uas adjourned. ATTEST: APPROVED City Clerk Mayor 348 COUNCIL, REGULAR RERTING. Monday. December 30. 1963. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. December 30. 1963. et 2 p.m.. the regular meeting b,ur. mith Mayor Stoller presiding. PRESENT: Councilmeu ,eaton O. Dillard. Robert A. Carload. James E. Jones. Roy R. Pollard. Sr.. Vincent S. Mheeler. Nalter L. Young and Mayor Murray A. Stoller .................................... 7. ABSENT: None ....................O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph G. Whittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting nas opened mith a prayer by the Reverend J. M. Johnson. Pastor. Bethany Christian Church. I~ARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: BUUGET-SCBOOLS: A communication from Mr. Clarence M. Ha~kins. Chairmen. Roanoke City School Board. requestin9 ~hat a total of $13.189.90 be transferred from Miscellaneous to various accounts under Public Schools of the 1063 budget to cover salary increases granted by the School Board during 1963 tn accordance with the Pay Plan. nas before Council. Mr. Oillard moved that Council concur in the request and offered the following emergency Ordinance: (~15~40) AN ORDINANCE to amend and reordain "Public Schools" of the 1963 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 467.) Mr, Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the followin9 vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler. Young and Mayor Stoller .............................. 7. NAYS: None~ .....................O. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written ~eport, advising that he has uorked out a program with the Appalachian Po~er Company for improving the street lighting in the vicinity of the Gainesboro Nursery School opposite Lucy 'Addision High School on Fifth. Street, N. R., but that it mill be necessary to install an additional 2500 lumen street light on the east side of Fifth Street, N. R., north of Hanover Avenue on Pole No. 254-1621 at an additional cost of $19.80 per year. the City Ranager recommending that Council approve the lighting progran and authorize the installation of the additional street light~ 349 Hr. Garland moved that Council concur in the recommendation of the City #snuger and offered the follouiug Resolution authorizing the installation of the additional street light: (=15541) A RESOLtrFION authorizing the installation of one 2500 lumen overhead incandescent street light on the east side of Fifth Street. N. W., north of Hanover Avenue (AP Pole No. 254-162i.) (For full text of Resolution, see Resolution Book No. 26. page 468.) Mr. Garland moved the odoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the follomin9 vote: AYES: Messrs. Dillard. Gurlnnd, Jones, Pollard. Rheeler, Y~9 and N~yor Stoller ............................. 7. NAYS: None .....................O. STATE HIGHNAYS-PARKS AND PLAYGROUNDS: Council havin9 adopted Ordinance No. 14967 on October 8. 1962, authorizin9 the execution of a contract between the United States of America. the Commonwealth of ¥irginia and the City of Roanoke ~ith reference to the development of the Mill Mountain-Blue Ridge Parkway Project, 35O D. If agreement cannot be reached math such landouner folloming negotiations as described in 128 above, City shall institute fad coadact eminent dbmaln proceedings in the appropriate court or courts to obtain the land needed. City shall immediately notify State of any and all avards made by coBmissioners or court in any such proceeding and State shall, uithim 15 days from filing of uny such commissioners' report or auard notify City Attorney in arising of State's position with rejpect to such report or award. City shall upon perfection of title to such lands convey to State, mlth adequate uarrunty of title, the lands required by it for said road or roads, and State shall pay to City its proportional part of cost of same. such pro- portion befog determined by the ratio of the value of Stnt~s share 0f the land in the original offer to the value of the total of State's and City's share of lands to be acquired from the property in the original offer. This ratio is then to be applied to the amount paid for both portions of the land as determined in such eminent domain proceedings. Deed or deeds shall not be accepted by State nor payment or payments made until State is satisfied as to the adequacy of the titles to such lands to be conveyed to it hy City. £. State shall pay City within 30 days of receipt of bills for same, its proportional share of the costs of court fees. mitnesses, or other expenses incurred by City in the prosecu- tionof such eminent domain proceedings, such bJl]s to be rendered mitbin one year of the date of delivery of the deed tO State as provided for tn §2-D above, and such proportion to be determined in the same manner as is provided for in said §2-O, F. After acquisition of all required lands as described above each Of the parties hereto shall convey said lands to the United States of America or ~ herwise make them available as provided for in the aforesaid agreement of December 3. 1962. The salaries and expenses of the reaular employees Of State and City shall not he billed to each other under the pro- visiona of this agreement, same to be contributions by the parties hereto to the prosecution Of this mutually advan- #December 26. 1963 Roanoke, Virginia 351 passenger elevator in the Public Library Building located at 700 S. Jefferson Street. As can be seco from the tabulation, only one bid mas received on this mark and that by Dominion Elevator Company, Inc., in the amount of $6,335.00. Attached is a letter from Mr. L. 6. Harvey. Superintendent of Buildings and Bridges, in mhlch he states that he has visited the site of tuo elevators installed by this firm similar to the one pro- posed to be installed at the library and that it is his feeling that the control system and other devices bid on uould be satisfactory and acceptable to the City. It is recommended that the bid as submitted by Dominion Elevator Company, Inc. be accepted and that the sum of $6,349.00 be appro- priated to cover the contract o8 the elevator and the $14.00 ~dvertis- lng cost. Also, it is recommended that a monthly oil and grease service contract be entered into uith Dominioo Elevator Co~pany, Icc. This item is covered iff the 1964 Maintenance of City Property Budget. Respectfully submitted, S~ Ma~t~r L, Y~unq Malter L. Young. Chairman S! B, Bf Thqmpson Bo B. Thompson p Milliam L. Nhitesides S! H, Cletus Rrovles R. Cletus Broyles" It appearing that $6.500 has already been appropriated for the elevator. Hr. Dillard moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (=15543) AN ORDINANCE accepting the proposal of Dominion Elevator Company. Inc., for alterations and additions to the passenger elevator in the Roanoke Public Library; 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 469.) Ur. Dillard moved the adoption of the Ordinance. The motion mas seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Youn9 and Mayor Stoller ........................... 7. NAYS: None ...................O. BUDGET-PAY PLAN: The committee appointed to revie~ thesalaries of the appointees of Council submitted the following report: "December 30, 1963 To the Council of the City of Roanoke. Gentlemen: Your committee appointed pursuant to Section 9 (d), of the Pay Plan, to revies the salaries Of the appointees of the Council of the City of Roanoke, has reviewed said salaries. Based upon our review. ~e recommend the follouin9 ~lary increases effective January 1, 1964; 352 Na~e Position Grouo Arthur S. Omens City Manager Randolph G. ~hlttle City Attorney E-I 8 J, Robert Thomas City Auditor E-I 2 Beverly T. Fitzpatri~ Chief Municipal Judge E-2 5 1/2 Robert L. @unties Municipal Judge E-2 4 1/2 George D. Dillard Municipal Judge £-2 3 Wilbur J. Austin, Jr. Judge, Juvenile ~ Domestic Rela- tions Court ¥irginla L. Shaw City Clerh Present Rate N~w Rate 17,000.00 17,$00,00 12,600.00 £-15 1/2 12,990.00 10,380.00 E-I3 tl,lO0.O0 9,330.00 £-26 9,660.00 8,760.00 E-25 9,000.00 0.000,00 £-23 112 B,310.O0 E-2 3 0,100.00 E-2 5 9,000.00 E-2 2 7,6B0.00 E-2 2 112 ?.BgO.O0 Respectfully submitted, Benton O. Dillard. Malter L. Young. S! Murray A. Stoller Murray A. Stoller, Chairman°# Mayer 5toiler moved that Council concur in the recommendations of the mmittee and that the salary increases be included in the 1964 budget. The motion was seconded by Mr. Jones and unanimously adopted. UNFINISHED BUSINESS: BUDGET-pARKS AWD PLAYGROUNDS: Council having deferred action on a :recommendation of the City Manager that $10,000,00 be appropriated to pay off ~utstanding bills in the total amount of $8,024.99 for the construction and develop- uent of the Roanoke Transportation Museum and to provide funds for certain improve- Iments which should be accomplished in connection with the museum project, pending receipt of information on the status of a compaign being conducted by the Roanohe Junior Chamber of Commerce to raise funds for the project, Mr. James O. Yrout. Chairman. appeared before the body and submitted the following report: "Roanoke, Virginia December 30, 1963 (Revised) To the City Council, Roanoke, Virginia. Gentlemen: The Junior Chamber of Commerce earlier this year agreed to raise funds for the Transportation Museum, and me would like to make a report at this time. Whereas, the Jaycees realize that the Transportation Museum in an asset to the community and we have undertaken a study to determine the best ways possible to further its completion, which are as follows: 1. Pay off the existing debts of the Mnseum; and 2. Complete the entrance by next Spring. The Junior Chamber of Commerce is undertaking to raise $15,000, $10,000 Of which is to come from public solicitation and the remaining $5,000 of which is to come from the Jaycee Civic Development Fund; thus, this would be on a 2 for I matching basis. Our first report is as follows: Accounts now payable $ 8,024.99 Previously paid to city $ 399.00 Iff hand to be paid to city 5,221.75 5,620.75 Appropriation Balance Amount of advance needed from city to liquidate bills Respectfully submitted, James Trout, Chairman." 5,620.75 2,404.24 ],745,00 659.24 353 Council commended Mr. Trout and tbs Junior Chamber of Commerce for the success o[ tbs campaign and Mr. Young offered the following emergency Ordinance appropriating the total amount of -(#15544) AN ORDINANCE to amend and reorduin Section ul?O, *Capital,' of the 1963 Appropriation Ordinance. and providing for aa emergency. (For full text of Ordinance, see Ordinance Dook No. 26, page No. 470.) · Mr. Young moved the adoption of the Ordinance. The motion ~as seconded by Mr. dheeler and adopted by the followin9 vote: AYES: Hessrs. Dillard. Garland. Jones. Pollard, Mheeler, Youn9 and Mayor Stoller ........................... 7. NAYS: None ...................O. STREETS AND ALLEYS: Council at its last regular meeting having deferred action on a recommendation of the City Planning Commission that the request of the Magic City Motor Corporation that Commonwealth Avenue, N. E., from its southerly terminus at the intersection of Malker Avenue to its intersection with Gregory Gregory Avenue, N.E., from its intersection with Commonwealth Avenue to the westerly side of Fifth Street; and the t~o alleys lying in Block 11, Fairview IAddition.vacated, and closed, be tabled until the major highway plan be discontinued thas been received, studied and approved by Council. in order that the petitioner mi9h ,be heard on the matter, the question was again before the body. I h this connection, Messrs. Carroll O. Rea and Frank K. Sauflders, ~ttorfleys irepresenting Ragic City Motor Corporation, appeared before Council and advised that ta further delay ~ill ~ork an undue hardship on their client. I Mr. Dillard moved that a public hearing on the matter be held at 2 p.m.,  January 20° 1964. The motion was seconded by ~r. ~heeler and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUSES: Council having directed the City Attorney to prepare the proper changin9 the present fare schedule of the Safety Motor Transit Company by eliminating two tokens for $.35, increasing the $2.S0 weekly pass to $3,00, and leavit, the present $.20 cash fare and $.10 school fare, he presented same; whereupon, Mr. Garland offered the following Resolution: (31S545) A RESOLUTION conditionally amending paragraph number (S) of a dated August 1, 1951, between the City of Roanoke and the Roanoke Railway Electric Company and Safety Motor Transit Corporation, to authorize an increase in the charge for weekly passes and to discontinue the sale of tokens. (For full text Of Resolution, see Resolution Rook No. 26, page 471.) Mr. Garland moved the adoption of the Resolution. The motion was seconded Dy Mr. Jones and adopted by the following vote, Mr. Young contending that the bus :ompany needs to increase the weekly pass to $3.25 to break even: AYES: Messrs. Dillard, Garland, Jones, Pollard, Rheeler and Mayor ~toller ................................. 6. NAYS: Mr. Young ..............1. 354 BUDGET: Council having bald anoerous budget study sessions and having reached an agreement, inforoally, mith regard to the budget for 1964, ~r, Dillard raised the question of granting a salary increase to all city employees coming under the Pay Plan. After a discussion as to lbe amount o; the increase, and Council deciding that each rate Jn the Pay Plan should be increased in aa amount equal to a half step for that rate as of January 1. 1964. Mr. Dillard offered the following emergency Ordinance: (a15546) AN ORDINANC£ to amend and reordain subsection b of section 9. 'Executive Salaries*; subsection d of'section IO. 'Clerical, Operational, Technical, and Supervisory Salaries*; subsection c Of section 11. *Labor Force*; subsections e and P of section 12. 'Uniformed Police and Fire*; and subsection b of section *Personal and Special Salaries* Of Ordinance No. 14300, as amended, being the City of Roanoke Pay Plan, so as to increase the rates of pay provided in the respective subsections; and providing for an emergency. (For full text of Ordiuaflce, see Ordinance Book No. 25, page 471.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeier and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Nheeler, Youn9 and Mayor Stoiler ........................... NAYS: None ...................O. Mayor Stoiler then relinquished the Chair and offered the foil,win9 Resolution instructing the City Manager to freeze e~ployment for the City of Roanoke and apply the plan of attEition except in cases where Council may, upon hearing same, decide it is in the best interest of the city to keep and fill same; (u15547) A RESOLUTION declaring it to be*he sense of the Council of the City of Roanoke that, until further notice, no vacancies occurring in City personnel shall be filled except upon recommendation of the City Manager with the prior of Council. (For full text of Resolution, see Resolution book No. 25. page 475.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. J~nes and adopted by the following vote: AYES: Messrs. Dillard, Jones, Pollard, Stoller, Wheeler, Young and Vice Mayor Garland ......................... ?. NAYS: None .................O. In a further discussion of the proposed budget for 1964, Council having directed the City Attorney to prepare a legal opinion as to his interpretation of the state law with regard to tuition grants and what alternative Council might expect ii it declines to include funds for tuition grants in the 1964 School Budget, the City Attorney submitted a written opinion, advisln9 that if Council does not include funds for tuition grants in the city budget the state will deduct 355 / from other store fonds approprioted for distribution to the city the amoont required 'to reimburse the state for expenditures incurred and that he feels it wise for ~ollticol subdivisions to follow stated state policy until such policy is changed. After a further discussion of the budget, and Council indicating its desire ,hat the Public Schools account be included in said budget line by line. Hr. Wheeler offered the follouing emergency Ordinance approving the General Fund Budget: (~15540) AN ORDINANCE making appropriations from the Cenernl Fund of the City of Roanoke for the fiscal year beginning January i, 1964. and ending December 31 1964; and declarin9 the existence of an emergency. (For foil text of Ordinance. see Ordinance Book No. 26, page 4?6.) #r. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the foliowln9 vote: AYES: Messrs. Dillard. Garland, Jones, Pollard. Wheeler, Youn9 and Mayor Stoller ........................... NAYS: None ...................O. Mr. Wheeler offered the fpilowiflg emergency Ordinance approving the Water 356 #r. Jooes moved that the list be referred to o committee for study and report to Council. The motion mas seconded by Hr. Dillard and unanimously adopted. Hayor Stoller oppointed Ressrs. Hurray A. Stoller, Denton O. Dillard and James E. Jones as members of the committee. MOTIONS AND HISCELLANEODS flVSINESS: COUNCIL: Mr. Dillard moved that Council wish the citizens of Roanoke a happy, prosperous and healthful 1964. The motion was seconded by Hr. Jones and unanimously adopted. On motion of MFo Dillard, seconded by Mr. Jones and unanimously adopted, the meeting mas adjourned. APPROVED ATTEST: '//City Clerk Mayor 357 COUNCIL° SPECIAL ~EETING. Thursday. January 2. 1964. The Council of the City of Roanoke met in special meeting in the Council Chamber in the Municipal Building. Thursday. January 2. 1964. at 7:30 p.m.. with Mayor Stoller presiding, for the purpose of h'olding a public hearing on the recom- mendations of a committee that the method of assessment of real estate currently employed in the City of Roanoke be replaced with an annual assessment system and tha' office of Assessor of Real Estate be created for the continuing responsibility of uniform assessments throughout the city; also. that the Budget Commission be abolish, and the full responsiblity for the preparation and submission to Council of a pro- ~osed annual budget be placed upon the City Manager. pRESENT: Councilmen Benton O. Dillard, Robert A. Garland, James E. Jones, R. Pollard. Sr.. Vincent S. Wheeler and Mayor Murray A. St,lieF ............... 6. ABSENT: Councilman Malter L. Young .....................................!. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph G. Mhittle, City Attorney. and Ur. J. Robert Thomas, City Auditor. LEGISLATION=CITY CHARTER: Council having previously set a public hearin9 for 7:30 p.m.. January 2, 1964, on the recommendations of a committee that the method of assessment of real estate currently employed in the City of Roanoke be replaced with an annual assessment system and that an office of Assessor of Real Estate be created for the continuing responsibility of uniform assessments through- out the city, the matter was before the body. Mr. Jones, Chairman of a committee appointed to consider proposed changes in the City Charter, reviewed the report of his committee with regard to the annual assessment of real estate and the reasons for the recommendations of the committee. Mr. Frank ~. Rogers, Jr., Chairman of the Tax Study Committee. also reviewed the report of his committee Kith regard to the annual assessment system and the reasons for the recommendations of the committee. Mr. Rogers introduced Dr. L,rim A. Thompson, Director of the Bureau of Population and Economic Research of the University of Virginia, who has acted as a consultant to the Roanoke Tax Study Committee, Dr. Thompson emphasizing that the main benefit of the annual assessment system is to keep property values current and stating that he is wholeheartedly in favor of retaining the appraisal staff of the Department of Taxation of Virginia to assist in the establishment of the annual assessment system because he feels outside appraisers ~lll be able to function more objectively than local appraisers in this matter, Br- Thompson pointing out that once the system is established the sole duty of the assessor will be to appraise property Kith the final responsibility of levying a tax against the property resting in Council. 358 Mrs. Albn K. Simmons appeared before Council in opposition to the proposed annual assessment system, Hrs. Siennas pointing out that the annual assessment of property has been tried in Roanoke before and mos unsuccessful. Mr. Earl A. Fitzpatrich, former State Senator. stated that at one time Roanoke did ha~e a permanent Board of Assessors, bat that the question of the annual assessment of real estate became involved in politics and the permissive legislation passed by the General Assembly mas abolished. Hr. Fitzpatrick advising that in his judgment it mas unfortunate the legislation mas repealed and he still believes had the permanent Board of Assessors been given a fair chance the people would have been satisfied with the annual assessment of real estate. Mr. H. T. Angell appeared before Council, advising that he is not opposed to the annual assessment system, bot. rather, the mechanices of the system, Aflgell proposing that the proposed system be handled through a Department of Finance which shall take the place of the offices of the Commissioner of the Revenue, the City Treasurer, the City Auditor and the Delinquent Tax Collector, pointing out that the Department of Finance could use space presently occupied by the Commlssi *:of the Revenue and the City Treasurer arid that part of the costs of operating the Department would probably be borne by the state. John ~. Boswell Council to establish a ratio for the assessment i of property and request that the City Charter' be amended to permit Council to fix the true tax rate on privately owned real estate each year. Mr. T. T. Roore. President of the Roanoke Chamber of Commerce, appeared before Council and advised that the Chamber of Commerce is in fa¥or of the proposed change to the annual assessment system. Mr. Robert H. Wagner voiced the opinion that the Commissioner of the Revenue should assess property on the basis of building permits and deeds recorded in the office of the Clerk of the Courts. Mrs. Luther F. Riller, representing the League of Women Voters, advised Council that the League endorses the annual assessment system. Mr. D. L. Lynch voiced the opinion that each piece of property assessed should be personally inspected by the assessors. Mr. Henry M. Stanley complained of the attitude of the previous Board of Assessors. Mr. Duncan C. Kennedy, a former resident of Lyflchburg. Virginia, advised that the annual assessment system works very veil in Lynchburg. Mr. John L. Thompson stated he is opposed to the proposed change and feels the question should be submitted to the people in a referendum. Everyone having been given an opportunity to be heard on the matter, a show of hands of the-approximately 30 citizens present indicated the majority as being in favor of the annual assessment system. Council having previously set a public hearing for ?:30 p.m., January 2, 1964, on the recommendation of a committee that the Budget Commission be abolished 359 / and that the full responsibility for the preparation and submission to Council of a propoied annual budget be placed upon the City Manager. the matter mas before the body. In this connection. Messrs. Robert W. Moody, Chairman, A. A, Aker$, E. Grlffith Badman, Jr., E~rl A. Fitzpatrick. James P. Hart. Jr., Harold W. floback, Eduard H. Scott, English Showalter and Mrs. Emmett R. Albergotti, members of the Roanoke Charter Study Commission mhich recommended the creation of the Budget Commission, appeared before Council. advising that the Charter Study Commission recommended the creation of the Budget Commission mith a viem of helping Council In its study of the annual budget, that the Charter Study Connission does not feel the Budget Commission has had sufficient time to prove its merit and that the Charter Study Commission feels the Budget Commission should be given at least another tmo-year trial period. In a discussion of the matter. Mr. Nheeler pointed out that in the past thd Budget Commission has deleted items from the proposed budget to which Council had already committed itself, that it was his understanding the personnel of the Budget Commission was to change each year, that the Budget Commission need not expect Council to rubber stamp the nudger as submitted and that there has been too much duplication of time by city officials in appearing first before the Budget Commission and then before Council iff a discussion of their budgets. Mr. gheeler stating that he is confident this was not the original intent of the Budget Commission and he is willing to see it continued for an~ her two years with a vie~ of working out the questions he has raised. Mr. Jones, Chairman of the committee recommending that the Budget Commis- sion be abolished, pointed out that the recommendation of the committee was sub- mitted prior to the Budget Study sessions of Council this year, that last year he did not think the Budget Commission had done a good job, but this year he feels the Commission has done an excellent job and he has found the work of the Commission very helpful in Budget Study sessions, therefore, he is now in favor of continuing the Budget Commission. Br. Dillard moved that no request be made to the local representatives in the General Assembly to have the Charter of the City of Roanoke amended so as to abolish the Budget Commission. The motion was seconded by Mr. Garland and unanimously adopted. On motion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: City Clerk Mayor 36O COUNCIL, REGULAR MEETING, Monday, January 6, 1q64. The Council of the City of Roanoke act fa regular meeting lo the Council Chamber in the Municipal Building. Monday, January 6, lgb4, at 7:30 p.m., with Mayor StolleF presiding. PRESENT: Councilmeo Benton'O, Dillard, Robert A. Garland, James £. Jones, Roy R. Pollard, Sr.. Vincent 5. Mheeler. MalterL. Young and Mayor Murray A. Stoller ............................... ?. ABSENT: None .......~ ....... O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr, James N. Kincannn, Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend F. Douglas Dillard, Jr., Associate Pastor, Greene Memorial Methodist Church. MINUTES: Copy Of the minutes of the regular meeting held on Monday, December 23. 1953. having been furnished each member Of Council. on motion of Mr. Pollard. seconded by Mr. Wheeler and unanimously adopted, the reading thereof !iwas dispensed with and the minutes approved as recorded. UEARXNU OF CITIZENS UPON PUBLIC .ATTARS: STREETS AND ALLEYS: Council having previously set a public hearing for iT:30 p.m.. January 6. 1964. on the request of Quentin R. Jones and Margaret W. Jones iithat an alley east of South Jefferson Street and north of Third Street. S. E., iibetween the southern 50 feet of Lot I and Lot 14. Block 1, Pleasant Valley Land ~Company. be vacated, discontinued and closed, the matter was before the body. lfl this connection, the following communication from the City Planning Commission. recommending that the request be denied, was before Council: *November 21. 1q53 The Honorable Murray A. Stoller, Mayor, and Members of City Council City of Roanohe, Firginia Gentlemen: In Its November 20, 1963 meeting the City Planning Commission considered this alley closing request. After studying pertinent maps and plans, the City Planning Commission recognized that the alley is located in the general area affected by the future extension of the 5Gl Spur ia the southerly direction. The Planning Commission concluded that it would not be advisable to close any public street or alley in a location for which a future need for street improvements can be determined. This view is supported by the Director of Public Works and the Superintendent of the Traffic Engineering and Communications Department. The enclosed map indicates the location of the SOl Spur extension as it will be proposed in the major arterial plan presently in preparation. The Planning Commission therefore recommends to City Council that the above alley closing request be denied. Respectfully submitted, S/ Merner K. Sensbacb Harold M. Hill Chairman' 361 It mas brought to the attention of Council that viemers appointed to study the matter have previously submitted a report, advising that they are unanimously of the opinion no inconvenience mould result either to uny individual or to the public from vacating, discontinuing and closing said alley. A communication from Mr. Ben M. Richardson, Attorney. representing the petitioners, requesting permission to withdraw the petition in vieu of the recommendation Of the City Planning Commission, was then presented to Council. Mr. Young moved that Council concur la the request of the petitioners and that they be permitted to withdram their petition. The motion was seconded by Mr. Garland and unanimously adopted. STREETS AND ALLEYS: Council having previously set a public hearing for 7:30 p.mo, January 6, 1964. on the request of Mr. J. T. Eanes and Miss Helen McClana, ham that Highland Avenue, S. E.. be vacated, discontinued and closed for a distance 162 1/2 feet east from First Street, and that the southern 75 feet of a 15-foot alley 155 feet east of First Street. S. E.. extending from Mountain Avenue to Highland Avenue, also be vacated, discontinued and closed, the matter was before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be denied, ~aa before Council: #November 21. 1963 The Honorable Murray A. Stoller. Mayor and Rembers of City Council City of Roanoke. Virginia Gentlemen: In its regular meeting of November 20, 1963 the City Planning Commission considered the above request for closing of an alley. the Commission ~as informed by the attorney of the petitioners that the land area made available by the closing of the street would be utilized for improvements in connection with the rooming house operated by MiSS Helen McClanahan. In discussing this matter the Planning Commission concluded that there is no likelihood of continuing Highland Avenue from this point to connect with Third Street. S. E. However. the Planning Commission members recognized that it would be unwise and premature to close any public street or alley in the general vicinity of the Orchard Hill area in view of the fact that this area is expected to undergo fundamental changes in land use as a consequence of the location of the Community Hospital south of Elm Avenue. It is anticipated that there will be an increased demand for public and open space in this area, and it appears unwise to give away now what will have to be bought back later at great expense. The City Planning Commission therefore recommends to City Council to deny this request. Respectfully submitted, SI Werner Sensbach mlh Harold M. Hill, Chairman~ It was brought to the attention of Council that viewers appointed to study the matter have previously submitted a report, advising that they are unani- mously of the opinion no inconvenience would result either to any individual or to the public from vacati~g, discontinuing and closing said portions of said avenue ant alley. 362 At the request of Council, Hr. Yerner M. Sensbucb. Planning Director, appeared before the body to explain the position of the City Planning Commlssf0n, Mr. Sensbach explaining that a plan for hospital development Hill be presented to Council in the rery near future and that sold plan Hill include a recommendation for use of the entire Orchard Hill section foe hospital and related medical purposes Mr. Mhitmell H. Coxe, Attorney, representing the petitioners, advised Council that Hiss McClanaban does not intend to erect a building on the street if it is closed, but desires to furnish parking space for her roomers since parking restrictions in the area preclude the furnishing of adequate parking space at the present time, Mr. Coxe pointing out that because of the steepness of Highland Avenue, S. E.. between First Street and Third Street, It has meter been opened and used as a street and, la any event, only 05 feet of the portion of the street In question Is traversable, the portion of the alley in question llkeuise never having been opened or used as an alley because of its steepness, Mr. Coxe informing Council that if the street is closed Miss McClanahan proposes to purchase that one- half of the street reverting to Hr. Eanes for a price of $050. Mr. Sensbacb estima~d that based on prices paid for land for the Community Hospital project if the portion of Highland Avenue in question were a lot it would he valued at $22,000. Everyone present having been given an opportunity to be heard on the Mr. Jones moved that Council concur in the recommendation Of the City Planning Commission and that the request be denied. The notion was seconded by Mr. Garland. Mr. Young offered a substitute motion that an Ordinance permanently vacating, discontinuing and closing Highland Avenue, S. E.. for a distance 152 1/2 feet east from First Street, and the southern 75 feet of a 15-foot alley 155 feet east of First Street, S- E.. extending from Mountain Avenue to Highland Avenue, be placed upon its first reading. The motion cas seconded by Hr. Wheeler and lost by the following vote: AYES: Messrs. Pollard, Wheeler and Young ...................... NAYS: Messrs. Dillard, Garland. Jones and Mayor Stoller .......4. The original motion was then adopted by the follo~ing vote: AYES: .Messrs. Dillard. Garland. Jones and Mayer Stoller ........ 4. NAYS:, Messrs. Pollard, Wheeler and Young ....................... 3. ZONING: Council having previously set a public hearing for ?:30 p.m.. January 6. 1964, on the request of Mr. J. M. Nash. et rix.. that property located on the southwesterly side of Brandon Avenue. S. W., between Grandin Road and Rellerll] Road, described asLots 11 and 12, Block O. Lovell.Conrt. Official Tax Nos. 1450304 and 1450305, be rezoned from General Residence District to Special Residence Distri( the matter,.as before the body. In this connection, the following communication from,the City Planning Commission, recommending that the request be granted, was before Council: "Norember 21, 1963 The Honorable Murray A. Stoller, Mayor and Members of City Council City of Roanoke, Virginia 36'3 In its November 20o 1963 meeting the City Planning Commission considered the above rezoning request. Hr. ~ash informed the Commission that he is planning to erect an apartment building containing 6 dwelling units on the premises. A diagram mas also presented on mbich the off-street parking arrangement was sbomn. The Planning Commission the~ studied pertinent maps of existing land use and traffic volume. It was fouod that the adjacent properties are used either'for a church or for multi-family structures. Traffic this property attractive for detached single-family home development. The Planning Commission having duly inspected the property in ques- tion concluded that the proposed apartment development would not he detrimental to the existing land use. The Planning Commission therefore recommends to City Council that the above property be rezoned from General Residence to Special Residence District. Respectfully submitted. S/ Warner K. Sensbach for Harold W. Illll Chairman" before Council on behalf of his clients. the following Ordinance be placed upon its first reading: (m!5551) AN ORDINANCE to amend and re-enact Title X¥, Chapter 4, Section 1, cf 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 Crandin Road and Helleville Road, known as Lots 11 and 12, Lovell Court, Subdivisionli of Revised Block 6, Map of Raleigh Court, Official Tax Nos. 1450305 and 1450304, WHEREAS. notice required by Title 1¥, Chapter 4, Section 43. of The Code of the City of Roanke, 1956, relating to Zoning, has been published in "The Roanoke gorld-News," a newspaper published in the City of Roanoke. for the time required by said section; and WHEREAS, the hearin9 as provided for in said notice was held on the 6th of January, 1964, at 7:30 p.m., before the Council of the City of Roanoke, at day which hearin9 all parties in interes a d ' g PP WHEREAS, this Council, after considering the evide e p , THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that Title X¥, Chapter 4, Section i, of The Code of the City of Roanoke, 1956, relating 364 Tmo lots located on the southaesterly side of Brandon Avenue, S. beta*em Grandam Road and Bell*valle Road, known ns Lots Il and 12, Lovell Court, Subdivision of Revised Block 6, Map Of Raleigh Court, designated on Sheet 145 of the Zoning Map as Official Tax MSS, 1450305 and 1450304. respectively, 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 uas seconded by Mr. Jones and adopted by the follouing vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... 7. NAYS: None ................... ZONING: Council having previously set a public hearing for 7:30 January 6. 1964. on the request of Mrs. Bessie M. Sisson that property located on the southeast corner of Virginia Avenue and Monroe Street. N. M.. described as Lots I and 2, Block 21. Mashington Beights. Official Tax Nos. 2?61301 and 2761302, be rezoned from General Residence District to Special Residence District, the matter before the body. In this connection, the following communication from the City Planning ilCommission, recommending that the request be granted, was before Council: '~ovember 21, 1953 The tlonorable Murray A. Stoller, Mayor, and Members of City Council City of Roanoke, ¥irginia Gentlemen: In its NoYemher 20. 1963 me*tin0 the Gity Planning Commission con- sidered the above rezoning request, in a previous meeting Mr. Louis Raldrop had informed the Planning Commission that he has plans to erect an apartment building containing 4 units on the premises. In studying records of existing lard use, the Commission found that these two lots are located adjacent to the commercial complex of the Roanoke-Salem Plaza shoppin0 center. The proposed use for apartmen~ therefore could not be considered detrimental to single- family home development existing in the general area, but could be considered a transitional use from commercial to general residence district. The Plannin9 Commission therefore recommends to City Council that the above properties be rezoned from General Residence to Special Residence District, Respectfully submitted, S! Merrier K. Sensbach Harold M. Hill Mr. Louis S. Waldrop, Realtor, appeared before Council on behalf of the No one appearing in opposition to the proposed rezoning, Mr. Pollard ~oved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~155521 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. 365 WHEREAS application has been made to the Council of the City of Roanoke te have property located on the southeast corner of Virginia Avenue and Monroe Stree N. H., described as Lots I and 2, Block 21, Mashingtoa Heights, designated on Sheet 276 of the Zoning Map as Official Tax Nos. 2761301 and 2761302, rezoned from General Residence District to Special Residence District; and HIiEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from General Residence District to Special Residence District; and RHEREAS, 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 WThe Roanoke World-News*. a newspaper published in the City Of Roanoke. for the time requir ed by said section; and RHEREAS, the hearing as provided for in said notice was held on the 6th day Of January. 1964, at ?:30 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens ~ere given an Opportunity to he iheard 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 rezo'ned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Yitle XV. Chapter 4. Section 1. of The Code Of the City of Roanoke. 1956, relating to Zoning. be amended and reenacted in the following particular and no other, viz.: Property located on the southeast corner of Virginia Avenue and Monroe Street, N.R., described as Lots I and 2, Block 21, Rashington tieights, designated on Sheet 276 of the Zoning Map as Official Thx Nos. 2761301 and 2761302. 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 Has 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. LEGISLATION-CITY CHARTER: Council havin9 previously set a public hearing for 7:30 p.m., January 6, 1964, on the recommendations of a committee that no amendment be made to the City Charter to permit an officeror employee of the City of Roanoke to serve as a Commissioner of the City of Roanoke Redevelopment and tlousing Authority. but that the City Charter be amended to grant the city the positive right 'to regulate and control the installation, alteration and repair of all combustion equipment, including internal combustion engines, and to provide that the City Clerk. the City Auditor and the City Attorney shall be elected for an indefinite period to at the pleasure of Council instead of for a definite two-year term as presently *rovided, the matter was before the body. Mr. Jones, Chairman of a committee appointed to consider proposed changes in the City Charter, reviewed the report of his committee ~ith regard to permitting 366 an office~or employee of the City of Roanoke to serve as a Commissioner of the City of Roanoke Redevelopment and flossing Authorfty hsd the reasons for the recommendation of the committee. Mayor StoJler voiced the opinion that a member of Council should be able to serve on the Redevelopment and Honsia9 Authority in order that Council might exercise better control over the Ilousiag Authority. Mr. Garland expressed the opinion that Council mould be better informed of the actions of the Housing Authority if a Councilman were a member thereof. Mr. Dillard stated that he feels a Councilman should serve on the Housing Authority since he is a representative of the people. No one appearing before Council to be heard an the question, Mr. Mheeler moved that Council concur in the recommendation of the committee that no change be made in the City Charter to permit the appointment of an office or employee of the City of Roanoke to serve as a Commissioner of the City of Roanoke Redevelop- ment and Housing Authority. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Jones. Pollard, Rheeler and Young ..................4. NAYS: Messrs. Dillard. Garland and Mayor Stoller ................. Mr. Jones then reviewed the report of ilis committee with regard to grantin !ithe city the positive right to regulate and control the installation, alteration land repair of all combustion equipment, including internal combustion engines, and ,the reasons for the recommendation of the committee. No one appearing in connection with the matter. Mr. Jcnes moved that Council concur in the recommendation of the committee that the City Charter be amended to include internal combustion engines. The motion was seconded by Mr. Garland and unanimously adopted. Mr. Jones reviewed the report of his committee with regard to amending the City Charter to provide that the City Clerk, the City Auditor and the City Attorney shall be elected for an indegiflite period to serve at the pleasure of Council instead of for a definite two-year term as presently provided and the r~asons for the recommendation of the committee. Mayor Stoller stated he is not sure the proposed change is in the best interest of the city, that such a change might freeze occupants in their present position, while, on the other hand, the present provisions of the Charter would offer more security for holders of offices for at least a tmo-year period. After a discussion of the matter no one appearing in connection therewith. and it being brought out in the discussion that the primary purpose of th~ proposed change iS to prevent Council appointees from serving past the maximum retirement age, Mr. Dillard moved that Section 9 of the City Charter be amended to read that the Council shall elect a City Clerk, a City Auditor and a City Attorney. each of whom shall serve for a term of two years, provided no term shall extend beyond the age stipulated in the retirement system. The motion mas seconded by Mr. Young and unanimously adopted. 367 / FIRE DEPARTMEMT: A delegation of citizens having appeared before Council at its regular meeting on Monday, December 2. 1963. with Mr. Arthur D. Crush, Jr.. acting as spokesman, and requested that Mr. Mallace M. Mattoa be reinstated to his former position ulth the Roanoke City Fire DepartMent. and it having been suggested that Mr. Crush ask the CityMa~ger if he was willing to review the Mattox case again Mr. Crush appeared before the body. advising that the City Manager did review the Mattox case again and declined to change his stand, Mr. Crush requesting that Councl appoint a commission, pursuant to Section 22 of the City Charter, to make a full and complete investioatlon of the firing of Mr. Mattox and report bach to Council as to its findings. Mrs. Lemmie D. Epperly. mother of Mr. Rattox, urged her son and Mr. S. Yaughan, Chief of the Fire Department, to apologize before the entire group and to promise to work together In harmony. Chief Vaughan replied that he was brought up to respect his superiors and elders and that he could not condone insolence, slander and disrespect. The City Manager stated that the Fire Chief is an honest and capable man and he supports him fully. Mayor Stoller raising the question as to whether or not Mr. Mattox is willing to make a public apology, Mr. Mattox stated whether he ~as right or wrong in criticizin9 Chief Vaughan and Councilman Jones he was making a public apology to both of them and offered to shake the hand of Chief Vaughan if he ~ould accept it. Chief Yaughan refused to accept the apology, noting that Mr. Mattox did not contact him until two months after he had been discharged and he thinks this is high tine for him to make restitution. Upon questioning by Mr. A. L. Chisom as to whether or not Mr~ Jones is willing to accept the public apology of Mr. Mattox Mr. Jones replied that when he ran for City Council he expected pot shots to be taken at him and that he has already told Mr. kattox he does not have to apologize to him. Upon further prodding by Mr. Chisom, ~r. Jones replied he does not feel he has to answer the question. Among those speak/fig out of the approximately 100 persons present and voicing the opinion that Mr. Mattox should be given another chance after making a : public apology were Messrs. Este$ V. ~iffe, Coleman O. Austin, Sr., John L. Thompson,ti Melvin D. Grant, W. II. Johnston, Charles £. parker and Robert H. Wagner. In n further discussion of the matter, Mr. Dillard voiced the opinion that Chief Vaughan exceeded his authority in firing Mr. Mattox outright rather than recommending to the City Manager that he be fired and that he feels a commission should be created to investigate the matter. Mr. Garland stated that he thinks the request for the appointment of an investigative commission is reasonable since he would very much like to knom the 368 true facts,in the matter himself, Mr. Garland expressing the personal opinion that Mr, #attox should hare be~n Morned against issuing public statements first. Mr. Pollard voiced the opinion that peace Is going to have to be made by Mr. #nttox uith the Fire Chief and the City Manager, not City Council, but indicated he would vote for the creation of the commission provided its findings are not binding upon Council. Mr. dheeler stated that in his opinion Council mould be usurping the power of the City Manger to make such an i~estigation. Mr. Young stated he is not opposed to a fact-finding commission, but raised the question as to ~hat would be the next step for Council to take upon receiving the report of the commission. Mr. Young voicing the opinion that in the event the commission recommended that Mr. Mattox be reinstated there is nothing Council can do about the matter. The Assistant City Attorney informed Council that he could not prepare a measure creating the commission without feeling that he mas putting Council in the position of violating the City Charter and if it is the intent of Council to inter- fere with the City Manager ina round about way he ~ould like for the body to spell out the purpose of the commission and what it is to do. Mr. Dillard moved that the City Attorney be directed to prepare the proper creating a commission of seven citizens to be nominated by the members of Council to make a full and ~ mplete investigation of the firin9 of Mr. Wallace M. Mattox from the Rom oke City Fire Department. pursuant to Section 22 of the City Charter. a~ to report back to the body as to its findings. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones, Pollard and Mayor Stoller .......... 5. I NAYS: Messrs. Nheeler and Young ........................................... 2. Ii LEGISLATION-ROANOEE VALLEY: The Honorable ~o Caldwell Butler, member of the House of Delegates. appeared before Council and advised that he again proposes to introduce legislation creating a Roanoke Metropolitan Area Study Commission to the 1964 General Assembly and that he would appreciate a Resolution from the Council of the City of Roanoke endorsing this proposal. After a discussion of the matter. Mr. Dillard voicing the opinion that Mr. Butler should obtain the approval of the other political subdivisions in the Roanoke Valley first and Mr. Wheeler voicing the opinion that the proposed legisla- tion has no chance of succeeding until the other political subdivisions change their attitudes, Mr. Garland offered the following Resolution (~15553) A RESOLUTION endorsing a bill to authorize creation of a Roanoke Metropolitan Area Study Commission proposed to be introduced during the 1964 session of the General Assembly of Virginia by the Honorable R. Coldwell Butler IFor full text of Resolution, see Resolution Book No. 26, page 496.) Mr. Garland mated the adoption of the Resolution. The motion was seconded by Wr. Pollard and adopted by the following vote: 369 AYES: Messrs. Garland, Jones, Pollard. Young and Mayor Stoller ..........5, ~AYS: Messrs. Dillard and Wheeler .......................................2, PETITIONS AND COWM~NICATIONS: SNOM REMOVAL: A communication from Mrs. L. A. Mays, expressing the opinion that the money spent to scrape the center of city streets uitb · snou plan could be put to a much better use by using some good abrasive on the streets, thus eliminating numerous accidenta, and suggesting that motorists be required to use chains and/or snow tires to prevent accidents and keep traffic moving in ice and sao~, mas before Council. On motion of Mr. Mheeler, seconded by Mr. Jones and unanimously adopted, the communication was referred to the City Manager for his attention. REPORZS OF OFFICERS: PARKS AND PLAYGROUNDS: The Norfolk and Mestern Railmay Company having previously donated to the City of Roanoke 9.2 acres of land in connection sith relo- cating and midening the channel along Roanoke River adjacent to Wasena Park, mhich mos approved by Ordinance No. 14142, adopted on September 6. 1960. the City Manager 37O (For fall text of Ordinance, see Council Minutes of June 24, 1963.) Mr. Dillard moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard end lost by the following vote: AYES: None ...........~ ........... O. NAYS: Messrs. Dillard, Carland, Jones, Pollard, Nheeler, Young and Mayor Stoller ............................... 7. FIRE PROTECYION-MATER DEPARTMENT: Council having previously received a request from the Diamond Plastics Industries that the City of Roanohe extend a water main to its property at an estimated cost of $10.O00. said cost to be borne by the city. and having instructed the City Manager to advise Diamond Plastics Industries that the city is willing to pay one*half of the total cost of extending the water main, the City Manager submitted a wrltten report, together with a communication from Mr. ~. H. Cummings. President of the Diamond Plastics Industries, agreeing to pay one-half Of the total cost Of extending the water main up to $5,000. ~ro Dillard moved that the offer be accepted and that the matter be 371 (z15§$4) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution. see Resolution Book No. 26, page 496.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Br. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard. Mheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. REPORTS OF COMMITTEES: GASOLINE: Council having referred bids on furnishing the automotive gasoline requirements of the City of Roanoke from January 1, 1964. to December 31, 1q64, to a committee composed Of Messrs. Roy R. Pollard, Sr., Chairman, Arthur S. Owens. Eldon J. Bayer and Bueford B. Thompson for tabulation and report, the committee submitted a ~ritten report, transmitting a tabulation of the bids received showing the Gulf Oil Corporation as low bidder for furnishing and deliver- ing gasoline to the City Garage and Mater Department and the American Oil Company as low bidder for furnishing and delivering gasoline to the Fire Department. Mr. Pollard moved that the proposal of the Gulf Oil Corporation be accepted and otfered the following Resolution: (g15555) A RESOLUTION accepting the proposal of Gulf Oil Corporation for furnishing regular and premium gasoline to the City Garage and regular gasoline to the dater Department; and rejecting other similar bids. (For full text of Resolution, see Resolution,Book No. 26, page 497°) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones. Pollard. Mheeler, Young and :gayor Broiler ........................... NAYS: None ...................O. Mr. Pollard theo moved that the proposal of the Americ~ Oil Company be accepted and offered the following Resolution: (~15550} A RESOLUTION accepting the proposal of American Oil Company for furnishing premium gasoline to the Fire Department; and rejecting other similar bids. (For full text of Resolution. see Resolution Book Nc. 26. page 49~o) Mr. Pollard moved the adoption of the Resolution. The motion ~as seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones, Pollard, Wheeler, Young and Mayor 5toller ........................... 7. NAYS: None ...................O. BUDGET-PAY PLAN: Council having appointed a committee composed of Messrs. Murray A. Stoller, Chairman, Benton O, Dillard and James E. Jones to examine all of 372 the requests for ingrnde Increases Into COUncil control rates under the Pay Plan for employees of the various departments, the committee submitted a written report. advising that It bas examined the requests and, subject to correction of typograph- ical errors, and errors in arithmetic and creditable time which will be made by the City Auditor, has found the requests to be iu order and recommends that they be received and filed in the office of the City Clerh, it being pointed out that since Council has by reference in the Budget Ordinance Included the Personnel Supplements on bhich all of the above personnel is listed in the approved grades no further action in necessary on the part of the body. #r. Mheeler moved that the report be received and filed. The motion was seconded by Mr. Pollard and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PAY PLAN: Council in its budget study sessions having approved the upgrad lng of the position of the Manager of the Mater Department and the adding of the )osition of Bailiff. Juvenile and Domestic Relations Court. in the Pay Plan. Mr. Dillard offered the following emergency Ordinance: (~15557) AN 03DIiqA~CE amending Ordinance mo. 143uo, as amended, so as to upgrade the position of Manager of Water Department and add the following Job Title and describe its duties, viz.: Bailiff, Juvenile and Domestic Relations Court; and )roviding for an emergency. IFor full text of Ordinance, see Ordinance Book No. 25, page 4gO.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by !Mr. {heeler and adopted by the'following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... ?. NAYS: None ...................O. MOTIONS AND MISCELLANEOUS BUSINESS: RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Council having included $30,000 in the 1954 budget for a recreation center in Eureka Park, Mr. Jones voiced the opinion that a committee should be appointed to study the location and plans for ~ civic center in the northwest section with a view of expediting the project so that it night be completed by midsummer. After a discussion of the matter, Mayor Stoller named a committee composed of Messrs. James E. Jones, Chairman, Benton O. Dillard, Murray A. Stollero Fennie Brown, E. S. Brown, Lewis A. Sydnor, Sr., Dr. L. E. Paxton and Mrs. Mozelle A. Scott. Mr. Dillard then moved that the City Attorney be directed to prepare the proper measure providing for the appointment of the committee. The motion was seconded by Mr. J~nes and unanimously adopted. HEALTH DEPARTMENT: May~r Stoller called attention to the expiration of the terms of Mrs. Margaret S. Mhittaker, Mr. G. Frank Clement and Mr. Thomas P. Parsley 373 menbers of the Housing and Hygiene Hoard on January 31, 1964. and called for noainations to fill the vacancies. Mr. Mheeler placed in nomination the names of Rargaret S. Mhittaker, 6. Frank Clement and Thomas P. Parsley. The nominations were seconded by Mr. Pollar~ There being no further nominations. Mrs~ Margaret S, Mhlttaker, Rt. Frank Clement and Mr. Thomas P. Parsley uere reelected as members of the Housing and Hygiene Hoard for a term of tuo years each beginning February I. 1964. by the following vote: FOR MRS. MHITTAKER. MR. CLEMENT AND HR. PARSLEY: Messrs. Dillard, 6arlan¢ Jones, Pollard. Mheeler, Youn9 and Mayor Stoller ........................... On motion of Mr. Pollard, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. AYZEST: APPROVED ~ity Clerk M~yor 374 COUNCIL, SPECIAL MEETING. Tuesday, January 7, 1964, The Council of the City of Roanoke met in special meeting ia the Council Chamber in the Mnnlclpel Building, Tuesday, January 7, 1964/ at 7130 p,mo, with Mayor Stoller presiding, for the purpose of holding a public hearing ua the recommendations of a committee that the City Charter be amended to empomer Conncll, in its discretion, to appoint an Assistant City Manager and to establish a Personnel Board; also, on the question of amending the City Charter to permit a "streamlined" eminent domain procedure. PRESENT: Councilmen Benton O. Dillard, Robert A. Garland, James E. Jones Roy R. Pollard, 5r., Vincent S, Mheeler, halter L, Young and Mayor Murray A. Stoiler ................................. 7. ABSENT: None .................Oo OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, and Mr. Randolph Whittle, City Attorney. LEGISLATION*CITY CHARTER: Council having previously set a public hearing for 7:30 pom** January 7, 1964, on the recommendations of a committee that the City Charter be amended to empower Council, in its discretion, to appoint an Assistant City Manager and to establish a Personnel Board; also, on the question of amending the City Charter to permit "streamlined" eminent domain procedure, the matter before the body, Mr. Jones, Chairman of a committee appointed to consider proposed changes in the City Charter, revle~ed the report of his committee mith regard to the appointment of an Assistant City Manager, Mr, Jones pointing out that it was the feeling of the committee the Assistant City Manager might also serve as Personnel Director and that there was some question as to whether or not the appointment of an Assistant City Manager requires a Charter change, the committee being of the opinion that it can be done by Ordinance, The City Attorney advised that if Council intends to appoint the Assistanl City Manager the City Charter ~ill have to be amended; otherwise, the Assistant City Manager would be appointed by the City Manager, Mr, Dillard voiced the opinion that if the City Manager appoints an . Assistant City Manager it should be subject to the confirmation of Council and that he feels this can be done by adopting an Ordinance establishing the position of Assistant City Manager as a department, Messrs. Bobert M. Moody, Chairman, English Showalter and James L. Trinkle, members of the 1962 Roanoke Charter Study Commission, appeared before Council and stated they are in favor of the appointment of an Assistant City Manager. After a discussion of the matter. Mr. Pollard voiced the opinion that the is not sufficient time to study the proposed Charter changes adequately and moved that no Charter changes be made at this time, that the motion adopted at the regular 375 meeting of Council on January 6, 1964, requesting that the City Charter be amended to grant the city the positive right to regulate and control the installation, alteration and repair of all combustion equipment, including internal combustion engines, be rescinded, and that the motion adopted at the sane meeting requesting tbnt Section g of the City Charter be amended to read that Council shall elect a City Clerk, a City Auditor and a City Attorney, each of uhom shall serve for a term o! tun years, provided no term shall extend beyond the maximum age stipulated in the retirement system, also be rescinded, The motion ~as seconded by Mr, Dillard and adopted by the f,Il,ming vote: AYES: Ressrs. Dillard, Pollard, #heeler and Y,un9 ......................4. I~AY$: Ressrs. Garland, Jones and #ayor St,Ilar ......................... 3, RF, Jones stated that he feels any future Charter Study Commission should be composed of someone other than members of Council, Mr. Jones voicing the opinion that a Personnel Uoard would be a great deal of help to the city and its employees and pointing Out that the City Attorney has indicated streamlining the eminent domain procedure is imperative. After a discussion of the three items for which the public hearing was called, Mr. Wheeler moved that the question of appointing an Assistant City Manager through the adoption of an Ordinance creating the position be placed on the agenda for consideration at the next regular meeting of Council on January 13, 1964. The motion was seconded by Mr. Jones and unanimously adopted, The question of replacing the present method of assessment of real estate in the City of Roanoke with an annual assessment system and creating an office of Assessor of Real Estate for the continuing responsibility of uniform assessments throughout the city, which would require a change in the general law rather than the City Charter, was then discussed. Messrs. Woody, Trinkle and Showalter endorsed the annual assessment system, Mr. Showalter voicing the opinion if the city mould first appraise real estate at its fair market value and then assess same at 32~ of its fair market value, this would put the ratio assessment in Roanoke on the same basis as the assessment of public utilities by the State Corporation Commission, and Council could then adopt whatever tax rate would be necessary to produce sufficient revenue. After a discussion of the matter, Mr. Jones offered the following Resolution requesting the local representatives i, the General Assembly to have the Acts of Assembly amended to permit the Council of the City of Roanoke to initiate the annual assessment system if it so desires; (:15558) A RESOLUTION requesting the City*s delegation Jn the 1964 General Assembly of Virginia to have Chapter 32 of the Acts of Assembly of 1956, as amended by Chapter 33 of the Acts of said Assembly of 1958, amended so as to include the City of Roanoke therein. (For full text of Resolution, see Resolution U,ok No. 26, page 499.) 376 Mr. Jones moved the adoption of the Resolution. The motion mas seconded by Mr. Garland and adopted by the folloming vote: AYES: #essrs. Garland, Jones, Pollard, Wheeler, Young end #ayor Stoller ......................................... 6. NAYS: Mr, Dillord ....................1. Onmotion of Mr. Dillard, seconded by Mr. Jones and unanimously adopted, the meeting mas adjourned. APPROVED ATTEST: Mayor 377 COUNCIL, REGULAR MEETING, Monday, JannarF 13, 1964. The Council of the City 'of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, January 13o 1964, at 2 p,m,, the regular meeting hour, uJth Mayor Btoller presiding, PRESENT: Councilmen Benton O, Dillard, Robert A, Garland, James Eo Jones Roy R. Pollard, St** Vincent 5, Mheeler, Molter L, Young and Mayor Murray A, Stoiler .................................. ABSENT: None ...................Oo OFFICERS PRESENT: Mr, Arthur S. Owens, City Manager, Mr. Randolph Mhittle, City Attorney, and Mr, J. Robert Thomas, City Auditor. INVOCATION: The meeting mas opened with a prayer by the Reverend E. James, Pastor, Loudon Avenue Christian Church. MINUTES: Copies Of the minutes of the regular meeting held on Monday, Uecember 30, 1963, and the special meeting held on Thursday, January 2, having been furnished each member of Council, on motion of Mr. Mheeler. seconded by Hr, Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: STORM DRAINS: ~ursuant t~ notice of advertisement for bids on the con- struction of a storm drain on Brandon Avenue. S. M°. from Mud Lick Creek to the City Clerk until 1:30 p.m.. Monday. January 13. 1964. and to be opened at 2:00 pom.. before Council. Mayor Stoller asked if there were any questions about the adver- t.is,meat anyone would like to ask. In this connection, the City Manager advised that due to changes in the specifications an addendum has been sent Out to contractors in the area postponing the receiving of the bids until the regular meeting of Council on Monday. January 20, 1964. On motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted. LIBRARIES: Council having included $?0,000 in the 1964 budget for the cgnstruction of a Milliamson Road Branch Library, members of the Roanoke Public Library Board appeared before the body, with Mrs, Ellsabeth M. Orewry. President, acting as spokesman, Mrs. Dreary presenting a Resolution advising that the Library Board is milling to cooperate with Counc.il to assure completion of the branch library at the earliest possible date and recommending that Fleming Park on Mllllamson Road, N. M., between Fleming Avenue and Truman Avenue, be designated as the site for the branch library, the exact location to be designated after the architects* designscan be evaluated. 378 Mrs, Dremry also presented another Resolution or the R,sc,he Public Library Board, advising tbat the Library Doard feels the architectnral firm or Randolph Frontz and Associates is the best qualified for the design of sucb a specialized and functional operation.as a.lihrary and recommending that the firm be engaged as the architects for the branch library, Appearing uJth Hrs. Dremry mere Hr. Dubert S, Leonard, Mrs, Ralph K, Domles, Mr. Sidney P. Chockley and Mr. Rilliam L. Rhitesides, Secretary of the Library Board. · Mr. Dillard moved that a committee composed of three members of Council and the members of the Buildings and Equipment Committee of the Library Board be appointed tu study the site for the branch library and the architects to be employed for the project and to report back to Council mlth its recommendations. Council. 379 (s15559) AN ORDINANCE to amend and correct the description of the portion of an alloy closed by ~rdinance No. 15455, adopted by this Cooocil on the 4th day of November, 1963. NREREASo by Ordinance No. 15455, adopted, by the City Council on the 4th day of November, 1953, the Coancil of the City of Roanoke did close a portion of an alley lying between Rlock 6 and Rlock 17, accord*ag to the Map of Park Land and Improvement Company* and did describe the alley as extending from the westerly boundary line of the right of way of the Norfolk and Western Railway Company in an easterly direction approximately 151.93 feet to a point 15 feet west of the intersection of Lots § and 6. Rlock IT, P. L. ~ 1.; and NDER~AS, the easterly point of the vacated alley should have read to a point 65 feet west of the westerly line of Third Street, S. E., instead of to a point 15 feet west of the intersection of Lots S and 6, RIock 17. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 15455, adopted November 4, 1963, he corrected so that the description o~ the alley permanently vacated, discontinued and closed shall correctly read as follows: that that portion of an alley lying between Rlock 6 and Block 17, according to the Map of Park Land and Improvement Company, extending from the westerly boundary line of the right of way Of the Norfolk and Nestern Railway Company in an easterly direction approximately 131.93 feet to a point 65 feet west of thc westerly line of Third 5treat, S. E., and being 15 feet in width, all within the City of Roanoke, Virginia, be, and the same is hereby, vacated, discontinued and closed, the City of Roanoke, however, reservin0 unto itself a public easement to maintain any present o~ future sewer o~ water line therein and the right of ingress and egress for the maintenance and repair thereof, it being expressly understood that the IS-foot alley extending 65 feet from the point of closure to the intersection Of Third Street, $. Eo, shall remain open. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directed to mark "Permanent~ Vacated, Discontinued and Closed" the said alley above referred to on all maps and plats on file in the Office of the City Engineer of the City of Roanoke. Virginia, on which said maps and plats said alley is shown, referring to the book and page of Resolutions and Ordinances of the Council wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a copy of this Ordinance in order that said Clerk may make proper notation on all maps or plats recorded in his said office upon which are shown the said alley herein permanently vacated, discontinued and closed as provided by law. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ............................ NAYS: None ....................O. 38O PETITIO~IS AND GOMMHNICATIONS: ZONING: A communication from Mr. David H. Burroms, advising that he mill be unable to serve on the Citizenst Advisory Committee appointed to assist in the drafting of the Zoning Ordinance, mas before Council, Mr. Dillard moved that the resignation be accepted,, with regret, The motion mas seconded by Mr. Pollard an unanimously adopted. BUDGET-SCHOOLS: A communication from Mrs. Fern D. Crumder, Corresponding Secretary, expressing the appreciation of the Executive Board of the Moodrom Milson Junior High School Parent-Teacher Association for the recent salary increase granted school teachers, was before CouncJle On motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted. the communication was filed. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending that street lights be installed at the corner of Sommitt Avenue and Twelfth Street, S. M., and at the corner of McDowell Avenue and Twelfth Street, N. E. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the folloming Resolution: (~15560) 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. 26, page 502.) Mr. Pollard moved the adoption of the Resolution. The motion Was seconde( by Mr, Jones and adopted by the followin9 vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Rheeler, Young and Mayor Stoller ............................ NAYS: None ....................O. PURCHASE OF PROPERTY-LIBRARIES: Council having referred to the City Manager for study, report and recommendation a request of Mr. Elmer G. Qoam that the body consider purchase of his tract of land located at IDOl Dale Avenue, S. as a future site for a library in the southeast section of the city, the City M~nager submitted a written report, advising that in the opinion of the Roanoke Public Library Board the property does not meet the location requirements outlined by the *Community Facilities Plan: Branch Libraries" and recommending that the city decline to consider purchase of the land. Mr. Jones moved that Council concur in the recommendation of the City Manager and that the city decline to consider purchase of the land of Mr. ~uam. The motion was seconded by Mr. Nheeler and unanimously adopted. A~U~IC/PAL flUILDIIG: The City Manager submitted a written report, advising that he plans to convert the men's restroom on the first floor of the Municipal Building co a woments restroom, and recommended that the proposal be confirmed by Council. 381 In this connection, Mrs, Nell C, Irvio, Registrar, Mrs, Cindy, P, Thurman, n Deputy in the office of the City Sergeant, and Mrs. Nell A. Hanson, a Deputy in the Municipal Courts appeared before Council, advising that the number of momen on the first floor of the Municipal Dulldiog bas increased to approximately 25 employees; therefore, there is n definite need for n uomen's res,room on the first floor. Mr, Dillard moved that the proposal of the City Manager be confirmed, The motion mas seconded by Mr, Jones and unanimously adopted. BUDGET-PAT PLAN-DEPARTMENT OF PUBLIC ~ORRS: The City Manager submitted a written report, transmitting a request of the Director of Poblic Murks that a Maintenance Mechanic, Building, be reclassified ns a Metal Morker and that three Dump Trucker lies be reclassified as Brush Chipper Operators, the City Manager emphasizing that such action would not open the way for the employment of additonal personnel to the existing classifications. After a discussion Of.the question, Mr. Jones moved that action on the request be deferred until such time as the city employs a Personnel Director to study the matter. The motion was seconded by Mr. Dillard and unanimously adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council having previously adopted Ordinance No, 15508, providing for the acquisition of a portion of Lot 24, Block 8, Huntington Court Map, from Mr. J. M. Chrisman, or the legal usher thereof, needed by the city in connection with the construction of a 60-foot street between the HollJns Road Bridge over the tracks of the Norfolk and ~estern Railway Company and the newly constructed Whiteside Street, for the net cash sum of $469.20, the City Manager submitted a written report, together with a communication from Mr. M. Caldwell Butler, Attorney, representing Mr. Chrtsman, advising that his client will accept $?00.00 for the parcel Of land, and recommended that Council authorize the purchase of said land for the sum of $?00.00. 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 emergency measure. The motion was seconded by Mr. ~heeler and unanimously adopted. STREETS AND ALLEYS: The City Manager submitted a written report. advising that the contract for the widening of Salem Avenue. S. W., between First Street and Second Street, has been awarded by the Virginia Department of Highways to Moore Brothers Company. Incorporated, of Roanoke, Virginia, in the amount of $31.327.50. and that the Highway Department has requested that the City of Roanoke concur in the awarding of the contract and enter into an agreement with the Highway Department to maintain the project under certain terms and conditions, the total estimated cost of the project being $147,764.00 and the city's estimated share bein! $37.197.00, the City Manager recommending that Council concur in the awarding of th* contract and authorize him to sign the agreement on behalf of the city for maintenance of the project. 382 Mr, Pollard moved that Council.concur ia the recommendations 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. Wheeler and unanimously adopted. EASEMENTS-WATER DEPARTMENT: Council having granted the Appalachian Power Coupany an easement for an electric power line or lines OVer a portion of the Carvins Cove water supply property on State Secondary Route 740 in Roanoke County, the City Manager submitted a written report, advising he has been informed by the Chesapeahe and Potomac Telephone Company of Virginia that in order to furnish telephone service for Densmore Chichen and Egg Farm it will be necessary to attach a multiple wire on the existing poles of the Appalachian Power Company across the Carvins Cove water supply property, and recommended that Council authorize the C C P Telephone Company to install the uultiple wire, Mr. Wheeler norad 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, REPORTS: The City Manager submitted a ~ritten report, transmitting a report of the Department of Public Welfare for the month of November, 1963, and listing monthly departmental reports on file in his office. On motion of Mr. Mheeler, seconded by Mr, Jones and unanimously adopted, the report was filed, REPORTS OF COMMITTEES: NONE. UNFINISHED flUS1NESS: LEGISLATION-CITY CHARTER-CITY MANAGER: Council at a public hearing on January ?, 1964, having decided against requesting an amendment to the City Charter to permit the appointment of an Assistant City Manager by the body, but havin9 directed that the question of creating the position of Assistant City Manager by Ordinance be placed on the agenda for consideration at the present meeting, the matter was before Council. The Charter Study Committee having recommended that the Assistant City Manager also act as Personnel Director, Mr. Dillard stated that he would vote for a Personnel Director but not an Assistant City Manager since he does not feel the city needs one. Mr. Wheeler voiced the opinion that the city should have an Assistant Manager and that he should also serve as Personnel Director under the supervision of the City Manager. Mr. Garland expressed the opinion that there is a need for an Assistunt Cltl Manager and that he should be appointed by the City Manager, not CitI Council. After a discussion of the matter, the City Attorney voicin9 the opinion that the appointment of an Assistant City Manager by the City Manager would not be subject to confirmation by Council, but that the appointment of a Personnel Directol for a Department of Personnel would, and the body reaching an informal agreement 383 with the City Manager that he would also appoint any Personnel Director as Assistant City Manager, Mr. Nheeler moved that Messrs. Benton O. Dillard, Chairman, James E, Jones and Hurray A. Stoller he appointed as a committee to prepare the proper measure creating a Department of Personnel for the City of Roanoke. The motion was seconded by Mr. Garland and unanimously adopted. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No, 15551. rezonJng property located on the south- westerly side of Brandon Avenue, S, R** between Grandin Road and Belleville Road, described as Lots I1 and 12, Block 6, Lovell Court, Official Tax Nos. 1450504 and 1450305, 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, Hr. Rheeler offering the following for its second reading and final adoption: (u15551) AN ORDINANCE to amend and re-enact Title XV, Chapter 4, Section 1, of The Code of the City of RounoEe, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 26, page 500.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the followin9 vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Nheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O, ZONING: Ordinance No. 15552, rezoning property located on the southeast corner Of Virginia Avenue and Monroe Street, N. ~., described as Lots I and 2. Block 21, Washington Heiobts. Official Tax NOS. 2761301 and 2761302, 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. Jones offering the following for its second reading and final adoption: (#15552) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 19S6, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 26, page 501,) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the followin9 vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Kheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O. PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure incorporating into the park system of the city 9.2 acres of land previously donated by the Norfolk and Mestern Railway Company in connection with relocating and widening the channel along Roanoke River adjacent to Wasena Park, naming the park as ~Robert Hall Smith Park," in honor of the former President Of the Norfolk and Nestern Railway Company, and directing the erection of a proper plaque thereon, he presented same; whereupon, Mr. Pollard offered the following Resolution: 384 (m15561) A RESOLUTION incorporating un area of approximately nine acres of land into the Clty*s park system; and naming the same the *Robert Hall Smith Park** (For full text of Resolution, see Resolntion Hook No. 26. page Mr. Pollard moved the adoption of the Resolution. The motion was seconde by Hr. hheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ............................ NAYS: None ....................O. FIRE PROYECTION-NATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure providing for the extension of a water main to the property of the Diamond Plastics Industries at 44111tollins Road, N, E., Diamond Plastics Industries to bear one-half of the total cost not to exceed $10,000, he presented same; whereupon, Mr. Rheeler offered the following ResolutionI (n15552) A RESOLUTION conditionally agreeing to cause the Mater Depar%men to construct an 8~Jnch water line from the intersection Of Preston Avenue and Holmes Street to the intersection of Rhiteside Street and Frontier Road, N. ED (For full text of Resolution, see Resolution Book No. 26, page 503,) Mr. Wheeler 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, Rheeler, Young and Mayor Stoller ............................ 7. NAYS: None .................~--0. RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure appointing a committee to study the locations and plans for a civic center Jn the northwest section of Roanoke, he presented same; whereupon, Mr. Garland offered the following Resolution: (~15563) A RESOLUTION appointing a committee to study the plans for and the location of a civic center in the northwest section of the City. (For full text of Resolution, see Resolution Book No. 26, page 504.) Mr. Garland moved the adoption of the Resolution. The motion was seconde by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O. FIRE DEPARTMENT: Council having directed the City Attorney to prepare th* proper measure creating a commission of seven members to be nominated by the members of Council to mahe a full and complete investigation of the firing of Mr, Mallace Mattox from the Roanoke City Fire Department, pursuant to Section 22 of the City Charter, and to report back to Council as to is findings, he presented same. Mr. Mheeler raised the question as to whether or not the Resolution is in accordance with provisions of the City Charter. 385 The City Attorney replied that there Is no may of answering Mr, Xheeler's q3estlon mlthout knowing the intent of Council in creating such a commission, voicing the opinion that if the purpose of the commission is to have the City Manng~ reinstate Mr, Mattox the Resolution is Illegal, bat, on the other hand. if the purpose of creating the commission Is purely for the purpose of investigatien the Resolution is legal. Mayor Stoller stated he is confining himself to the previsions of Section 22 of the City Charter mhjch IS purely investigatory, Mr. Dillard voiced the opinion that Council has the right to create a commission tQ investigate the firing of Mr, Mattox. Mr. Young stated that it seems to him the purpose of the Resolution is perfectly obvious and that is to get Mr, Mattox reinstated. Mr, Garland pointed out that some of the members of Council seem to be under the impression the commission is to mahe a recommendation, but that this not the case, Mr, Pollard stated that he has contacted nine people in an effort to get someone to serve on the proposed commission and that not one of thee would agree to serve, therefore, he now feels that perhaps he was in error in voting to prepare the Resolution. Mr. Jones stated he intends to vote for the Resolution with the fact in mind that when he took his oath of office a5 a member of City Council he swore to uphold the City Charter. Mr. Garland then moved that the draft of Resolution be approved. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones and Mayor Stoller ...............4. NAYS: Messrs. Pollard, Wheeler and Young ..............................3. Mr. Garland then moved that adoption of the Resolution be deferred until the next regular meeting of Council in order to give all members of the body adequate time to obtain a nominee for the commission. The motion was seconded by Mr. Jones and adopted, Mr, Wheeler voting no. MOTIONS AND MISCELLANEOUS BUSINESS: PURCHASE OF PROPERTY-SEWAGE DISPOSAL-GARBAGE REMOVAL: Mr. Jones pointed out that Miss Alice Lydia Rouse has offered to sell to the City of Roanoke a tract of land, located in Roanoke County, adjoining city property near the Sewage Treatment Plant, for the sum of $fl,OgO, and moved that the offer be referred to a committee composed of Messrs. Arthur S. Owens, Chairman, J, Robert Thomas, Randolph G, Rhittle and Roy R. Pollard, St,, for study, report and recommendation to Council, The motion was seconded by Mr. Nheeler and unanimously adopted, TRAFFIC; Mayor Stoller brought to the attention of Gouncil the increase in bad weather in Roanoke creating hazardous driving conditions and moved that the City Attorney be directed to prepare the proper measure amending the Traffic Code 386 to provide that motorists oho do oot take proper precautions ia driving on icy, snomy, or slick streets in the City of Roanoke be subject to a misdemeanor. The motion mas seconded by Mro Garland and unanlmoaal~ adopted, On motion of Mr. Jones, seconded by Mre Wheeler and unanimously adopted, the meeting wes adjourned, APPROVED ATTEST: "(;lty Clerk Mayor 387 COUNCIL, REGULAR MEETING Monday, January 20. 1964, The Council of the City of Roanoke net in regular meetin9 in the Council Chamber in the Municipal Ruilding, Monday. January 20, 1964, at 2 p,m.. the regular eeeting hour. with Mayor St*lieF presiding. PRESENT: Councilmen Benton O. Dillard, Robert A. Garland, James E. Jones Roy R. Pollard. Sr.. Vincent S. Wheeler, Nalter L. Young and Rayor #urray A. St*lief ................................ ABSENT: None ................O. OFFICERS PRESENT: Mr. Arthur b. Owens, City Manager, Mr. James Kincanon, Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend R. Ledbetter, Pastor, Campbell Memorial Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. Jlnuary 6, 1964, having been furnished each member of Council, on motion of Mr. Rbeeler, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PURLIC MATTERS: STORR DRAINS: Pursuant to notice of advertisement for bids on the construction of a storm drain on Rrandon Avenue, S. M., from Red Lick Creek to the west property line of the Yorktown Apartments, and an addendum providing that said proposals be received by the Citl Clerk until 1:30 pon., Ronday, January 20. 1964, and be opened at 2:00 p.m** before Council, Mayor Stoller asked if there were any questions about the advertisement anyone would like to ask, and no representative p~esent raising any question, the Rayor instructed the City Clerk to proceed with the opening of the bidsl whereupon, the City Clerk opened and read the following bids: Alternate Hudgins and Pace $12,300.00 $11,200.00 Draper Construction Company 13,612.50 11,962.50 B 6 S.Construction Company 14,300.00 13,145.00 Mr. Jones moved that the bids be referred to a c.nmi*tee to be appointed by the Rayor for tabulation and report to Council. the City Attorney to prepare the proper measure accepting the proposal Of the l.west responsible bidder. The motion was seconded by Mr. Garland and unanimously adopted. Mayor Stoller appointed Messrso Nalter L. Young, Chairman, B. Cletus Broyles, Arthur S. Owens and Bueford B. Thompson as members of the committee. STREETS AND ALLEYS: Council having previously set a public hearing for 2 p.m., January 20, 1964, on the request of the Magic City Motor Corporation that Commonwealth Avenue, N. E., from its southerly terminus at the intersection of Malker Avenue to its intersection with Gregory Avenue; Gregory Avenue, N. E., from 388 its intersection uJth Commonwealth Avenue to the westerly side of Fifth Street; and the two alleys lying in Block 110 Falrvlew Addition, be Taoated, discontinued and closed, the matter was before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be tabled until the major highway plan has been approved, was before Council: "December 19, 1963 The Honorable Murray A. Stoller, Mayor, and Members of City Council Roanoke. Virginia Gentlemen: In its December lB, 1963 meeting the Planning Commission considered the request of Magic City Motor Corporation to close Commonwealth Avenue between the points indicated above. The Commission noted that the major arterial plan, which is expected to be published within one month, will in all probability contain proposals which will affect Commonwealth Avenue. The Commission therefore concluded that it would be premature to make any recommendations in regard to Commonwealth Avenue. This street closing request was tabled until the major highway plan has been received, studied and approved by City Council. The matter then will be discussed again by the Commission and a recommendation forwarded to City Council at the appropriate tine, Respectfully submitted, S/ N. K, Sensbacb/h B. N, Eubank ¥ice-Ghairman" Council having appointed viewers to study the matter, they submitted a written report, advising that they have vJesed the streets and alleys in question and 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. Carroll D. Rea, Attorney, representing Magic City gotor Corporation, appeared before Council, advising that the area in question is required by the Magic City Motor Corporation for a parking lot, Rt. Rea pointing out that the streets in question have never been opened primarily because of the terrain in that area and that they lead nowhere except to the property of the Magic City Motor Corporation. Mr. Werner K. Sensbach, Planning Director, appeared before Council, advising that the proposed major arterial highway plan does not affect tbat portion Of Commonwealth Avenue requested to be closed, but that changes made in the plan before it is finally approved may do so and the city would find itself in the position of having to buy. the land back. In reply to a question Of Mr. Garland, Mr. Harry C. Johnson, President of the Magic City Motor Corporation, stated that if the city should need any of the area proposed to be vacated after the major highway plan is approved be will treat the city exactly as it treats him. Everyone having been given an opportunity to be heard on the matter, Mr. Dillard moved that Council concur in the request and that the following Ordinance be placed upon its first reading: (~15564) AN ORDINANCE vacating, discontinuing and closing (1) Commonweal! Avenue, N. E., from its southerly terminus at the intersection of Nalker Avenue, N, 389 to Its intersection with Gregory Avenue, N. £.. and Gregory Avenue, N. E., from Its intersection ~ith Commonwealth Avenue, N, E,, to the westerly side of Fifth Street, N. E.; (2) Those two certain alleys which lie within the confines of Section Fnirvieu Addition, shown on Sheet NO. 302 of the Tax Appraisal Map of the City of Roanoke, Virginia, throughout the entire length and width thereof, being all of the alleys lying Mithiu the said Section Ii, Fairview Addition, in the City of Roanoke, Virginia. RHEREAS, Magic City Motor Corporation heretofore made application to the City Of Roanoke, Virginia, that those certain streets and alleys hereinafter described be permanently vacated, discontinued and closed after having first posted notice of the intended application as provided by law; and MREREAS, the Council of the City of Roanoke, Virginia. on the Otb day of July, 1963, adopted Resolution No, 15306, appointing Messrs, R. R. Quick, Co F, Kefauver, J. W. Boswell, Aylett B. Coleman and Roy L. Mastin, Jr., as viewers to view the aforesaid streets and alleys nod report in writing, pursuant to the prO- visions of Section 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; and hHEREAS, said viewers did visit and view the aforesaid streets and alleys and the adjacent neighborhoods and did report in writin9 that in their opinion no inconvenience would result either to any individual or to the public from vacatlflg, discontinuin9 and closing said streets and alleys; and hBEREA$, this matter has been referred to the Plannin9 Commission of the City of Roanoke, Virginia; and WBEREAS, a public bearing on the aforesaid application to permanently vacate, discontinue and close said streets and alleys was held, after a notice thereof was duly advertised in "The Roanoke Morld-News" on January 3, 1964. advisin9 the public of the said public hearing before this Council on January 20, 1964, at 2 poma, on said day, at which meeting there was expressed no objection or opposition to vacating, discontinuing and closing said streets and alleysl and WHEREAS. in the opinion of this Council. aa inconvenience to the public or any owner will result if said streets and alleys be vacated, discontinued and closed.for the purposes set forth in the aforesaid application. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that those certain streets and alleys located in the City of Roanoke. Virginia. and more particularly described as follows, to-wit: (1) Commonwealth Avenue, N. E., from its southerly terminus at the intersection of Walker Avenue, N, E,, to its intersection withGregory Avenue, R. E., and Gregory Avenue, N. E., from its intersection with Commonwealth Avenue, N.' E., to the westerly side of Fifth Street, N. £.; (2) Those two certain alleys which lie within the confines of Section 11, FaJrview Addition, shown on Sheet No. 302 of the Tax Appraisal Map of the City of Roanoke, Virginia, throughout the entire length and width thereof, being all of the alleys lying within the said Section 11, Fairview Addition, in the City of Roanoke, Virginia. 390 ~ be and thy same are hereby permanently vacated, discontinued and closed and that nil right, title and Interest of the City of Roanoke, Virginia, and the public fn and, to the sane be and they are hereby released Insofar as the Council is empowered so to do. the City of Roanoke reserving unto Itself, however, a perpetual easement for sewer lines, drains, water lines and other public utilities mhich may now be located in the aforesaid streets and alleys. HE IT FURTHER ORDAINED that the City Engineer be and he is hereby directed to mark #Permanently Vacated, Discontinued and Closedu said streets and alleys on all maps and plats on file In the Office of the City Engineer of the City of Roanoke Virginia. on which said streets and alleys are shown, 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; and the Clerk 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, ~he motion was seconded by Mr. Young and adopted by the following vote: AYES: Momars, Dillard, Garlaffd, Jones, Pollard, Wheeler, Young and Rayor Stoller ............................ NAYS: None ....................O. CITY CHARYER-MAYOR: Mayor Stoller advised Council that he has asked the City Attorney for an opinion as to whether or not he would have to resign to run for Mayor this spring, if be should choose to do so, accordin9 to the present provisions of Sections 4 and 5 of the City Charter, and the City Attorney has informed him that the Mayor or any other member of Council who elects to run for Mayor must tender his resignation as a member of Council at least 30 days prior to the date required for the filing of declarations of candidacy, the Mayor voicing the opinion that because of the confusion and inequity the matter should be clarifie by Council, that he believes the simplest and fairest thing to do would be to seek an amendment to the City Charter at once omitting all references to resignation, and requested the unanimous consent of Council to consider the question since it is not Rt. Nheeler objecting, no action was taken on the matter, PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company, advising that no street lights were installed and/or removed during the months of November or December, 1963. was before Council, On motion of Rr, Young, seconded by Rt. Mheeler and unanimously adopted, the communication was filed. TRAFFIC-PARKS AND PLAYGROUNDS: A communication from Mr, B. Holt Nillard, requesting that the Robert E. Lee Plaza be narrowed in order to provide additional parking space, was before Council. The City Manager advising that he does not recommend narrowing the plaza, Mr. Pollard moved that the communication be filed, The motion Has seconded by Mr, Mheeler and unanimously adopted. LEGISLATION-CITY CHARTER*ASSESSMENT OF PROPERTY: Council having adopted Resolution ~oo 15558 at a special meeting on January To 1964, requesting the local representatives in the General Assembly to hare Chapter 32 of the Acts of Assembly of 1956, with regard to the annual assessment of real estate for taxation, as amended by Chapter 33 of the Acts of said Assembly of 19550 amended so as to include the City of Roanoke therein communications from Senator Milldam B. Hopkins and Delegate R, Caiduell Butler, advising that a bill la being prepared to enact the appropriate legislation asked for in the Resolution and that it will be introduced In both the House of Delegates and the State Senate, were before Council. On motion of Mr, Dillard, seconded by Mr. HheeleF and unanimo2sly adopted, the City Clerk mas directed to request that a copy of the proposed bill be furnished for the information of Council. LEGISLATIONoSTATE HIOHMAYS: A communication from Mr, Thomas D. Rutherfool requesting that Council adopt a Resolution endorsing the program recommended by the Highway Study Commission providing for the raising Of approximately 32 million dollars annually for use in constructing four-lane divided primary roads and It appearing that one of the recommendations for raising the funds is to impose a titling tax of 25 on retail val~e of all new and used motor vehicles which are required to be registered with and licensed by the Division of Motor Vehicles, Mr. Richard G. Mest, President of the Roanoke Valley Automobile Dealers Association,i Mr. J. W. Elliott, Jr., and Mr. Charles N. Freeman appeared before Council in opposition to this recommendation, protesting that such action would penalize the purchasers of automobiles and, therefore, would be discriminatory. Council being of the opinion that the proposed legislation is none of its concern, Mr. Wheeler moved that the communication be filed. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF OFFICERS: BUDG£T-LIBRARIRS-PAY PLAN: Council havin9 adopted a Resolution declaring it to be the sense Of the body that, until further notice, no vacancies occurring in the city personnel shall be filled except upon recommendation of the City Manager with the prior consent of Council, and having referred to the City Manager for study, report and recommendation a request of the Roanoke Public Library Board for permission to fill the new position of Librarian I - Young People and the existin9 position of Library Assistant II, as Hell as to promote the present Library Assista~ I to the new position of Branch Librarian I and demote the present Library Assistant Il to the existin9 position of Library Assistant l, the City Manager submitted the following report: 'Roanoke. Virginia January 20, 1964 To the City Council Roanoke, Virginia Gentlemen: You adopted a resolution freezing the city personnel as of January 1, 1964, with a directive that I bring to you those 392 positions of on emergency nature that I thought needed to be filled, The Council, after much deliberation, adopted the budget after both. the Council and the Budget Commission hod spent numerous hours studying the proposals of the several department heads for 1964, I am satisfied not the first one of my staff recommended to you anyone who vas not needed; · I bare that confidence In then, Hlneteen. sixty-three was probsbly the best year for general public improvements Jn Roanoke daring the past decade and one-half mith appropriations already made for 1964, our capital improvement program should be the best year ever, It is going to be difficult to accomplish more work with less personnel, but ! mill do my best. At the present time, there are 24 additional people approved in the budget which have not been replaced or employed, As an emergency measure, I recommend the following: Library - They have requested fo"r employees and I recom- mend that two be permitted at the discretion of the Director of the Library, Engineerin9 ~ he have a vacancy as a secretarial assistant, right of way agent, rodman and chainman. They are all needed, but I consider it imperative that the secretarial assistant, classification 11, be employed immediately. There are eight positions open in the refuse department, one in the municipal building, two in the health department, two in the police, three at the airport, and five ia the public welfare. I call to your attention two letters written from Miss Janes, with reference to her problem in securing welfare workers, and I leave it to your discretion as to which of these should be permitted. Hithout proper checking on the expenditure of funds that we are requited by law to make may be a costly savings to us and I urge your consideration of their needs. I am also attaching copies of other letters, which may be of interest to you. I am only makin9 the emergency proposals at this time to you and I trust it will be your pleasure to concur in my recommendation. Respectfully submitted, S~ Arthur 5. O~ens City Manager' In this connection, members of the RoanOke Public Library Board,' with Hr. Hilliam L. ~hitesides, Secretary, acting as spokesman, and Mr. H. Cletus Broyles, Director of Public horks, appeared before Council in the interest of having all the vacancies in their respective departments filled. The Citl Manager emphasizing that at' the present time his recommendation includes the two employees at the Roanoke Public Library and the one employee in the Department of Public ~orks only, Mr. Young moved that Council concur in the recommendation of the City Ranager and that the matter be referred to the City forpre~ratloo of the proper me~ur~ The mot~n was seconded byl~. Wheeler and ~alm~s~ adopt~o At this point. Rt. James B. Gregory, Probation Officer at the Juvenile and Domestic Relations Court, appeared before Council, advising that since Council itself adjusted a long-standin9 gross inequity in pay by creating the position of Bailiff at the Juvenile and Domestic Relations Court the Chief Probation Officer has authorized each of his staff members to appear before Council, if they so desire, in regard to their rate of pay, Hr. Gregory proposin9 that his positioo at a salary of $4,200 per annum be abolished by attrition and that he be appointed by Council to a hem position of Administrator to be created by Council at a salary of $6,000 per annum, the Administrator to be responsible to and firoble by the City Manager, which, in his opinion, would leave the Chief Probation Officer free to supervise the casework or his workers end free the Judge of the Juvenile and Domestic Relations Court of the obvious burden of administrative matters, On motion of Mr. Wheeler, seconded by Mr. Dillard and unanimously adopted the proposal was referred to the City Manager for study, report and recommendation to Council. APPALACDXAN POWER COMPANY-SIDEWALK, CURD AND GUTTER: The City Manager submitted u written report, advising that the Appalachian Power Company plans to front of its parking lot on the west side of First Street. S, R.. south of Franklin Road, and has requested permission to place snow melting cable and associated Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (=15565) A RESOLUTION authorizing the Appalachian Power Company to construct a new sidewalk, curb and guttering, includin9 two 2g-foot crossovers with snow melting cable and associated equipment underneath thc sidewalk in front of its parking lot on 1st Street, S. (For full text of Resolution, see Resolution Book No. 27. page 2.) 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 Stoller .................................. NAYS: None ....................O. (Mr, Jones not votin9) PARKS AND PLAYGROUNDS: The City Manager submitted the following report with regard to a proposal by Mr. Donald W, Carter and Miss Marta Byer to establish a professional summer theatre in Roanoke with an investment of $12,000 for prom*riot and production if the City of Roanoke will invest $10,000 for the improvement and conversion of Rockledge Inn atop Mill Mountain for use as a theatre: *Roanoke, Virginia January 20° 1964 TO the City Council Roanoke, Virginia Gentlemen: worhed with the Chamber of Commerce*s secretary, Mr. Jack Smith, towards the possibility of working Out a plan whereby the pro- There have been conferences with Miss Marta Byer and Mr. Donald Carter representing the Saranac players. Mr, Smith, representing the Chamber of Commerce, Mr, Jesse Chapman, writer of a column, ~Off Stage,~ and members of the City Government and we have established the following: 1. The players have a clear record and ! om attaching copies of letters that ! have received recommending the group. 393 394- 2. I nm ntteching n copy Of nn estieste of $10,158o to comply with the minimum requirements for use as e theatre. 3. A tentative proposal for your consideration. I suggest that the City consider nn expenditure not to exceed $9,000 and require the promoters to guarantee two-thirds of the expenditures to be reduced one-third each year for n period of three years, I have been advised by Miss Dyer and Mr. Carter that they feel that their investment of a minimum of $12.000 should offset the $10,000 the City will spend; however, I felt that Council would not go along with this proposal. I may be in error. AS a furtherance to this proposal, it might be possible that Council woald like to see If various citizens groups are inter- ested in backing a portion of this venture, in order to guarantee the group*s appearance in Roanoke. A proposal or answer must be given to the group at an early date. Respectfully submitted, S/ Arthur S. Owens City Manager" In this connection, Mr. Nelson S. Bond who has had years of theatrical experience appeared before Council, advising that he was amazed, astonished and a little bit alarmed when he learned of the proposal to be presented to the body, amazed at the effrontery of the theatrical group in asking for a handout, astonished at the naive attitude Of the City Manager and the Chamber of Commerce in entertainin the proposal of the group, and alarmed at the precedent which might be established if the proposal were accepted, Mr. Bond suggesting that Council find out more about this group, such as why they are leaving baraeac Lake, why they chose to locate in Roanoket just how "professional" the group is, etc., Mr. Bond questionin9 the estimate for converting Rockledge Inn into use as a theatre and warning that if this 9romp is subsidized by the city other theatrical groups in the area which have been paying their own way will have every right to expect a subsidy from the city. Mr. J. E. Fogle concurred Jn the remarks made by Mr. Bond and also pointed out that if there were a substantial increase in traffic the present road to Mill Mountain would have to be improved. In answer to the remarks made by Mr. Bond, Mr. Jack C. Smith, Executive Director of the Chamber of Commerce. stated that the theatrical group has outgrown the potential of Saranac Lake which has a summer population of only 15,000, that reviews of plays and musicals produced by the group showed the group is successful and that it mas felt a professional theatrical group would attract overnight tourist to Roanoke. In a discussion of the matter by members of Council, Mr. Dillard stated he thinks the matter is premature because the Mill Mountain Spur has not been Mr. Pollard questioned the estimate for repairin9 Rockledge Inn as being too low, Mr. Mheeler also raised these questions, as well as ~he question of paying for the remodeling of the Inn #ithout amortizing the cost thereof by charging a rental fee. Mr. Young stated that he simply cannot see the city subsidizing a theatrical group when other theatrical ur*upa pay their Own way. Hr. Jones pointed out that a new roof for one-half of the area at an estimated cost of $300, outside painting at an estimated cost of $800 and Inside painting at an estimated cost of $600 are needed anyway end moved that Council mahe a counter proposal to the theatrical group to bear the cost of this much of the remodeling of Rockledge Inn if the theatrical group mill bear the remainder the mark, including installation, and pay $75 per month rental fee while they are using the Inn, Mayor Broiler relinquished the Chair to second the motion which mas lost by the following vote: A¥£S: Messrs. Jones and Broiler ......................................... 2. NAYS: #essrs. Dillard. Pollard. Wheeler. Yawn9 and Vice Mayor Garland---5. DUDG£T-POLICE D£PARTWENT: The City Rsnager submitted a mritten report. recommendin9 that $4.6T5 be appropriated to Personal Services under Section #60. #Police Department.' of the 1964 budget, to provide for the employment of an additional detective at a salary of $42S per month. The City Ranager advising that this is a permanent emplolee. #r. Garland moved that Council concur in the recommendation of the Cltl manager and off,Fed the following emergency Ordinance: (~15566) AN ORDINANCE to amend and r,ordain Section ~60. 'Police Department.w of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 2.) Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Hr. Wheeler and adopted by the follo~ing vote: AYES: messrs. Dillard. Garland. Jones. Pollard. Wheeler. Young and Mayor Stoller ............................ T. NAYS: None ....................O. REPORTS OF COWMITTEES: NONE. UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCYION ANH CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALL£YS: Ordinance No. 15559, correcting the description in Ordinance No. 15455. vacating, discontinuing and closing a portion of an alley lying between Block 6 and Hlock 17, accordin9 to the Rap of Park Land and Improve- ment Company, extending from the westerly boundary line of the right of #ay of the Norfolk and Western Railway Company in an easterly direction approximatell 131o93 feet to a point 15 feet west of the intersection of Lots 5 and 6, Block 17, Po ~ I., to read ~to a point 65 feet west of the westerly line of Third Street, S. havin9 previously been before Council for its first reading, read and laid over, was again before the body. In this connection, Nr. Richard T. Edwards, Attorney, representing Bessrs, Fred Po Na~jnm and J. Ro Najjum. appeared before Council and advised it has been brought to his attention that the right of wal of the Norfolk and Western Railway Company lies between Blocks 5 and 6 and Block 396 Mr, Wheeler woved that Ordinance No, 15559 be amended to read 'between Blocks 5 and 6 and Block 17," The motion was secqnded by Hr. Pollard and adopted by the following vote: AYES: Messrs, Dillard, Garland. Jones, Pollard, Wheeler, Young and Mayo Stoller ............................. 7, NAYS: None .................... O, Mr, Wheeler then offered the following Ordinance, as amended, for its second reading and final adoption: (~155§g) AN ORDINANCE to amend and correct the description of the portio of an alley closed by Ordinance No, 154S$. adopted by this Gouneil on the 4th day of November. 1963. (For full text of Ordinance. see Ordinance Book No, 2?. page 1,) Mr. Wheeler moved the adoption of the Ordinance. Ybe 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. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council having directed the City Attorney to prepare the proper measure providing for the acquisition Of a portion of Lot 24, Block B, Huntington Court Map. from Mr, Jo R, Chrlsman, or the legal owner thereof, needed by the city in connection with the construction of a 60-foot street between the Hollins Road Bridge over the tracks Of the Norfolk and Western RailwayCompany and the newly constructed Whiteside ~treet. for the sun of $700,00 instead of $46q.20 as previously authorized by Ordinance NO. 15508. he presented same; whereupon, Mr. Jones offered the following emergency Ordinance: (:15567) AN ORDINANCE providing for the purchase of a portion of Lot 24, Block 8, Huntington Court Map, from J. M, Chrisman; and providing for ~n emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 3°) 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, Pollard, ~heeler, Young and Mayor Stoller ............................ ?- NAYS: None ....................O. STREETS AND ALLEYS: Council having directed the City Attorney to prepare .the proper measure concurring in the a~arding of a contract by the Virginia Depart= meat of Highways to Moore Brothers Company, Incorporated, in the amount of $31,327.50, for the widening of Salem Avenue, S. N,, between First Street and Second Street, and authorizing the City Manager to enter into an agreement with the Highway Department for maintenance of the project, he presented same; whereupon, Mr. Young offered the following Resolution: I! 397 (n1556B) A RESOLUTIOH concurring In the awarding of a contract by the Virginia State Department of Highways to Ho.re Brothers Company, Incorporated, for the mid.ming of a portion of Salem Avenue; and authorizing the proper City officialf to execute an agreement mJth the Commonwealth of Virginia relative to the estimated costs of the project, the share thereof to be borne by the City and the manner of its operation and maintenance upon completion, (For full text of Resolution, so. Resolution Book No. 27, page 4.) Mr. Young moved the adoption of the Resolution. The motion mas seconded by Hr. Pollard and adopted by the foil.win9 vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and #ayor Stoller ............................ NAYS: None ....................O. £ASEHENYS-WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure granting the Chesapeake and Potomac Telephone Company the right to install a multiple mire on exsiting poles of the Appalachian Power Company over a portion of the Carvlns Cove water supply property on State Secondary Boute 740 in Roan.he County, he presented same; ~hereupon, Mr. Pollard moved that the foil.win9 Ordinance be placed upon its first r~ading: (~lS56g) AN ORDINANCE 9ranting the Chesapeake and Potomac Telephone Company, insofar as the City of Roanoke has the authority to do so, a right to attach a multiple wire on existJn9 poles owned by the Appalachian Power Company o~er the easement granted the last-mentioned company by Ordinance No. 15463. MREREAS. by Ordinance No. 15463, this Council authorized the execution and delivery to Appalachian Power Company of a deed conveying to said company an easement to construct, operate and maintain electric power lines over City land situate on State Secondary Route ?40 in Roanoke County within a 40-foot wide right of way approximately 1237 feet in length, as described in said ordinance; and RBEBEAS, the Chesapeake and Potomac Telephone Company has requested the Cltl to grant it the right to install a multiple wire on existing poles of the said Appalachian Power Company within said right of wal, which request the Citl Manager and the Manager of the Water Department have recommended be granted and in which recommendation this Council concurs. TBEREEORE, BE IT ORDAINED by the Council of the City of Roanoke that the City of Roanoke doth hereby grant and donate, insofar as said City has the lawful right to grant and donate, the Chesapeake and Potomac Telephone Company of Virginia the right to attach a multiple wire on existing poles owned by the Appalachian Power Company placed within the easement authorized to be 9ranted said Power Company by Ordinance No. 15463, adopted by this body on the 4th day of November, 1963, it being understood that by acting pursuant to the authorization herein granted and donated, the aforesaid Chesapeake and Potomac Telephone Company ~f Virginia agrees to relocate its aforesaid facilities at any time to conform to future building plans. 398 The motion Was seconded by Mr, Garland and adopted bI the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, ~heeler, Young and Mayor Stoller N~Yb: None ....................O, BOND ISSUES-AUDITORIUM-COLISEUM: Council at its regular meeting on December 9, 1963, having adopted Ordinance Nog 15505, providing for the issue of bonds not to exceed $5,500,000 to defray the cost Of permanent public improvement, to-wit: acquisition of sites for, constructioe and equipment of a civic center consisting of an auditorium and other public boildings including access facilities, parking areas and landscaping in connection therewith, the City Attorney submitted draft Of an Ordinance directing and providing for the holding Of an election to determine whether the freehold voters of the City of Roanoke will approve Ordinance No. 15505, said election to be held on March 240 1964. In a discussion of the matter. Mr. Garland raised the question that if the bond issue passes and any of the money from the sale of the bonds is not spent how will the account be closed out. Mr. Young replied that any balance should be used to retire the bonds, Mr, Garland then moved that the following Ordinaoce be placed upon its first reading: (n15570) AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the freehold voters of the City of Roanoke will approve an ordinance, No. 15505. duly adopted by the Council of the City of Roanoke on the gth day of December, 1963. BE IT ORDAINED by the Council of the City of Roanoke, Virginia as follows: 1. An election shall be held in the City Of Roanoke on the 24th day of March, 1964, to determine whether the freehold voters will approve the following ordinance: No. 15505, AN ORDINANCE to provide for the issue of bonds not to exceed Five Million Five Hundred Thousand Dollars (~5,500,000) to defray the cost of permanent public improvements, to-wit: acquisition of sites for, construction and equipment of a civic center consisting of an auditorium and other public buildings including access facilities, parking areas and landscaping in connection therewith, 2, The Sergeant of the City of Roanoke and the judges of election hereinafter designated are hereby directed to open polls at the several voting places in the City of Roanoke on the 24th day of March, I964, for the purpose of submitting said ordinance for approval to the freehold voters of the City of Roanok 399 ouning real estate of Lhe assessed Value of one hundred dollars ($100,00) or more as shomn on the Land Assessment nooks of the City of Roanoke, including husbands and mires holding such real estate as tenants by the entireties with right of survivorship, 3. The Sergeant of the City of Roanoke Is hereby directed to give public information of said election, setting forth the time and place thereof by publishing a notice of the same in a neuspaper of general circulation in saidCity and published ia said City, for the space of ten days, and by posting a copy thereol at each voting place in said City at least ten days before the date of said election 4, The judges and clerks for the several voting precincts in the City of Roanoke are hereby appointed to conduct said election, and In case of failure o: any one or mare of them to act, then the place or places of such shall be filled in the manner provided for in case of regular elections. 5, Yhe electoral board of the City of Roanoke shall, at least ten days prior to the date of the election herein provided for, have printed proper ballots to be voted at said election, and such ballot shall be in the following form: CITY OF ROANOKE BOND ELECTION OF March 24, 1964 QUESTION: Shall Ordinance No. 15505, adopted by the Council of the City of Roanoke on the 9th day of December, 1963, entitled "An Ordinance to provide for the issue of bonds not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) to defray the cost of permanent public improvements, to-wit: acquisition ol sites for, construction and equipment of a civic center con- sistin9 of an auditorium and other public buildings including access facilities, parking areas and landscaping in connection therewith" be approved? FOR AGAINST The following is printed on this ballot pursuant to the provisions of Section 47 of the Charter of the City of Roanoke: *The city council is authorized if necessary to increase the tax rate above two dollars and fifty cents ($2.50) on the one hundred dollars ($100) of assessed value of real and personal property to pay the principal and interest of any bonds approved by this election** 6. The ballot shall be prepared in conformity with the provisions of Section 24-141 Code of Virginia, 1950, and each voter shall mark his ballot in the manner prescribed by said section. Such ballots shall be delivered to the judges ol election, for use in the said election, in the same manner as ballots are delivered to the judges of election in regular elections. 4OO .?. Said election shall be conducted in the manner prescribed by lam for the conduct or regular elections, O. The Judges of election shall immediately after the closing of the polls count the ballots deposited and shall mithin *mo days therenfte~ make written return of the result of said election to the City Clerko specifying the number of votes cast for and the musher of rotes cast against the question voted upon, Said return shall be presented to the City Council at its next regular meeting and shall be spread upon the journal, and the said Judges shall further seal up the ballots and mltbin two days after closing the polls transmit the same to the City Clerk to be kept among the archives of the Council, and said ballots shall remain sealed d~ring the space of twelve months thereafter mi*bout the order of Council. The motion was seconded by Mr, Mb*cleF and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O, Yhe City Attorney also presented draft of a Resolution providing that the proposed civic center he paid for by 30-year city serial bonds to he issued and sold for the purpose. After a discussion of the matter. Mr. Young stating that he would prefer 20-year serial bonds, but is willing to vote for the 30-year serial bonds, Mr. Garland offered the following Resolution: i~15571) A RESOLUTION providing that the proposed civic center be paid for by 30-year City serial bonds to be issued and sold for the purpose. (For full text of Resolution, see Resolution Book No. 27, page 4.) Mr. Garland moved the adoption of the Resolution. The motion was second*, by Mr, Jones and adopted by the following rote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O. FIRE DEPARTMENT: Council at its last regular meeting, by a majority having approved the draft of a Resolution creating a commission of seven members to be nominated by the members of Council to make a full and complete investigation of the firing of Mr. Wallace M. Mat*ox from the Roanoke City Fire Department, pursuant to Section 22 of the City Charter, and to report back to Council as to its findings, and having deferred action on the adoption of the Resolution until the present meeting in order to give all members of the body adequate time to obtain a nominee for the commission, the matter was again before the body. Mr. Dillard nominated Mr. John L. Thompson, Mr. Garland nominated Mr, D, M, DeShields, Jr., Mr. Jones nominated Mr.' Richard T. Edwards, Mr. Pollard nominated Mr. S. W. Brizendine. Jr,, Mr. Mheeler nominated Mr. Earl A. Fitzpatrick, Mr. Young nominated Mr. Roy L. Webber and Mayor Stoller nominated Mr. So S, Gu*rrna Jr. II 401 Hr, Dillard then offered the folloming Resolution mith the understanding the cotmission mill elect its own Chairman end Secretary: (x15572) A RRSOLDTIO~ creating a commission of seven citizens, pursuant to Section 22 of the City Charter, to investigate the discharging of Mr. Rallace #, Mattox. (For fall text of Resolution, see Resolution Book No. 2?, page Mr. Dillard moved the adoption of the Resolution. The motion mas second*( by Mr. Garland and adopted by the folloming vote: AYES: Messrso Dillard, Garland, Jones and Mayor Stoller ................4, NAYS: Ressrs, Pollard, Rheeler and Youn9 ............................... MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC-BRIDGES: Hr. Dillard brought to the attention of Council and that the City Attorney be directed to prepare the proper measure makin9 passage over a low-boy bridge in high water a misdemeanor and Imposing a fine of ten dollars for violation thereof. The motion was seconded by Mr° Garland and unanimously adopted. TRAFFIC: Council at its last regular meeting having directed the City Attorney to prepare the proper measure amending the Traffic Code to proride that motorists who do not take proper precautions in driving on icy, snowy or slick streets in the City of Roanoke be subject to a misdemeanor, Mayor Stoller called attention to a communication from the City Attorney, transmitting copy of the O:dinance of the City of Alexandria, Virginia, dealing with the problem, pointing o~t that the Ordinance applies only to certain designated streets, that it provides that the thoroughfares to which it is applicable shall be designated by signs postedll on them, that he has been informed by the City Manager that the posting of proper ' - ' wou'd be tremendousl ex *naive signs along certain designated streets in aoanoze ! Y P . and that he would like for Council to tell him what it desires the proposed Ordtnanc~ to contain more definitely. In this connection Mr Don L Costa representing the Allstate Insurance Company, appeared before Council and stated such a traffic regulation is urgently needed for Roanoke with its hilly terrain, Mr. Costa pointing out that auto crash claim reports nearly double in volume when snow or ice storms strike the Roanoke area and is reflected in the rising cost of auto insurance for everyone, Mr. Costa concluding that from the aspects of human safety, personal driving convenience, insurance costs and the general Roanoke public interest he is speaking for the 270 Roanoke employees of Allstate and the overwhelming majority of its Roanoke policy holders. After a discussion of the request of the City Attorney, Mr. Dillard voicing the opinion that the Ordinance should be applicable to all of the streets in Roanoke and then signs would not be needed, Mayor Stoller moved that the City Attorney make the proposed Ordinance applicable to all city streets and provide a fine of $5 for violation of the measure. The motion was seconded by Mr. Dillard. 402 Mr. Jones offered a substitute motion that the preparation of the right type of Ordinance to meet the needs of the City or Roanoke be referred to the Roanoke Valley Safety Council for study, report and recommendation, The motion was seconded by Mr. Young and lost hy the following vote: AYES: Messrs. Jones, Pollard and Young ............................... NAYS: Messrs, Dillard, Garland, Wheeler and Mayor Stoller .............4, The original motion was then unanimously adopted, ZONING: Mr, David H. Burrows having advised that he would be unable to serve on the Citizens' Advisory Committee appointed to assist in the drafting of th. Zoning Ordinance. Mayor St,lieF asked for nominations to fill the vacancy. Mr. Nheeler placed in nomination the name of D. Olin Garrett. There being no further nominations. Mr. B. Olin 6arrett was elected as a member of the Citizens* Advisory Committee appointed to assist in the drafting of the Zonin9 Ordinance by the folloulng vote: FOR MR, 6ARREYT: Messrs, Dillard, Garland, Jones, Pollard, ~heeler, Youn and Mayor St,lieF .......................... 7, On motion of Mr. Dillard. seconded by Mr. Jones and unanimously adopted. the me,tin9 was adjourned. AppROVED ATTEST: -, ,: J/ City Clerk Mayor 403 COUNCIL, REGULAR MEETING, Monday. January 27, 1964. The Council of the City of Roanoke met lo regular meeting in the Council Chamber in the Municipal Building. Monday, January 27, lgb4, at 2 p.m., the regular meeting hoar. mith Vice Mayor Garland presiding. PRESENT: Councilmen Benton O. Dillard, James E. Jones. Roy R. Pollard, Sr . Vincent S. Mheeler, Malter L. Young and Vice Mayor Robert A. Garland ........... 6. ABSENT: Mayor Murray A. Stoller .....................................i, OFFICERS PRESENT: Mr. Arthur $. Owens, City Manager, Mr. James No Kincanon, Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Raymond E. Carduell, Pastor. Huntington Court Methodist Church. MINUTES: Copies of the minutes of the special meeting held on Tuesday, January ?, 1964, and the regular meeting held on Monday, January 13. 1964. having been furnished each member of Council, on motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. pETITIONS AND COMMUNICATIONS: LEGISLATION -CITY CUARTER: The following communication from the Hnnorablel M. Caldzell Butler. member of the Bouse of Delegates. advising that he is having drafted a bill ~hich he intends to submit to the General Assembly for its considera- tion amending the Charter of the City of Roanoke so that members of Council desiring! to seek the office of Mayor shall not be required to resign prior to filing declara-i! tiGriS of candidacy, was before the body: "January 22, 1964 TO The Honorable The Council of the City of Roanoke Gentlemen: Your current dilemma with reference to the changes in the City Charter affecting the requirement that members of Council desiring to seek the office of Mayor shall resign prior to filing has been noted through a number of comments in the press. It is my feeling, without consulting you. that a change in the Charter is indicated and this is to advise that I am having drafted for entry legislation which will make the following changes in the Charter of the City of Roanoke: 1. In Section 4, delete the portion reading: In the event any member of council during his term of office shall desire to offer for the office of mayor, he shall be eligible so to do, but shall tender his resignation as a member of council at least thirty days prior to the date required for the filing of declarations of candidacy, and the vacancy so created shall be filled at the next regular councilmanic election as herein provided. 2. In Section 5, delete the portion reading: provided, however, that in the event a member of council during his term Of office desires to seek the office of mayor, he shall resign from the council not less than thirty days prior to the time for filing declarations of candidacy for the said office of mayor, and the vacancy thereby created shall be filled as provided by this charter. 404 It is my intention to submit this Bill to the General Assembly for its consideration Immediately upon its drafting. but I will not insist upon its passage until yon have had an opportunity to have a public hearing on the matter and advise, I am doing this because I presently anticipate the usual resolution affecting charter bills will be introduced shortly. This would limit the time for ietroductJon of such a bill to late next week. Accordingly. will you please ash the City Attorne~ to revieu the above suggestions to the end that all appropriate changes mill be included in the flill to be submitted, if this meets with your approval. I have not had an opportunity to consult with Senator Hopkins or Delegate Anderson on this matter and do not wish to leave the impression that they have acquiesced in this presunp- toms action on my part. Very truly yours. S/ M. Coldwell Butler M. Caldmell Butler* Mr. Dillard pointed out that at a public hearing on January ?. lqb4. Council, by a majority vote. adopted a motion that no Charter changes be made at this time, and voiced the opinion that any further action uitb regard to Charter changes mould constitute a reconsideration of the motion previously adopted. Mr. Garland voiced the opinion that since the question of amending the City Charter ~lth regard to seeking the office of Mayor was not included in the proposed Charter changes considered at the special meeting on January ?. 1964, and has never been before Council in the past it does not constitute a reconsideration. In reply to a question from Mr. Garland. the Assistant City Attorney rendered a verbal opinion that since this particular matter has not been considered by Council before it would not constitute a reconsideration of the motion adopted on January 7, lqGt; ~hereupon..Mr. Garland ruled that the matter of amending the City Charter with regard to seeking the office of Mayor is not a reconsideration of the previous action of Council and moved that the question be considered. Mr. Dillard pointed out that if the question is a reconsideration Mr. Garland does not have the right to offer the motion since he voted with the minoritl on the motion adopted January 7, 1964. and more~ to appeal the ruling of the Chair. The motion was seconded by Mr. Pollard and adopted by the following rote, Messrs Jones and Garland ~xpressing the opinion that no member of Council should be required to resign in order to seek the office of Mayor: AYES: Messrs. Dillard, Pollard. Mheeler and Young .............. 4. NAYS: Mr. Jones and Vice Mayor Garland ......................... IMayor Stoller absent) Mr. Jones then moved that the matter be carried over until the regular meeting of Council on February IO. 1964. Yhe notion sas seconded by Mr. Garland. Mr. Mheeler offered a substitute motion that Council reiterate its stand that no Charter changes be made at this time, including the question of members of Council seeking the office of Mayor. The motion was seconded by Mr. Pollard and adopted, Ur. Jones and Vice Mayor Garland voting no. 405 AMBULANCES: A communication from Mrs. Robert T. Sanderson, complaining of ambulance service in the City of Roanoke, was before Council. In this connection, the City Manager advised Council that a committee is preparing a proposed Ordinance regulating the operation of ambulances in the City of Roanoke for presentation to Council. Mr. Rheeler.stated that he recently observed a northbound ambulance cross- lng a double line into the southbound lane on Franklin Road, S. M., amd moved that this matter, as well as the communication from Hrs. Sanderson, be referred to the City Manager for his information In connection with the preparation of the proposed Ordinance. The motion was seconded by Mr. Jones and unanimously udopted. ZONING: A communication from Mr. T. L~ Piunkett, Jr., Attorney, represent~ lng Mr. P. G. Scruggs, requesting that property located.on the north side of Hickory Street. N. E.. east of Liberty Road, described as part of Lots 51, 52 and 53. Block M, Rllliamson Groves, Official Tax Has. 30D0133 and 30D0134, be rezoned from General Residence District to Business District, was before Council. On motIo~ of Mr. Pollard, seconded by Mr. Mheeler and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. REPORTS OF OFFICERS: DUDGET-SNOW REROVAL: The City Manager submitted a written report, recommetd- lng that $10,000 be transferred from Section 31G?, "Contingencies** to Operating Supplies and Materials under Section ubs, "Snow and lce Removal," of the 1964 budget.~= Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15573) AN ORDINANCE to amend and reordain Section ~Db, "Snow and Ice Removal," and Section ~167, "Contingencies," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2T, page 10.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Jones, Pollard, Mheeler, Young and Vice Mayor Garland ............................... NAYS: None .................O. (Mayor Broiler absent) BUDGET-PAY pLAN: The City Manager submitted the following report. recommending that certain vacancies in various municipal departments be filled since they are of an emergency nature: "Roanoke, Virginia January 27, 1964 To the City Council Roanoke, Virginia During this week, I had a thorough meeting with reference to personnel and after a careful survey, I recommend the following: 406 ENGINEERING DEPARTMENT - In the engineering department, you epprore the employment of a rodmaa, chainman ned right or uny REFUSE DXSPOSAL - At the present tine. we nra short 13 ewpioyeea In this department. The tnrnoaer last year was 58, whleh is better than one n week; therefore, any condition prernlling today would be increased hy approximately fire during the next thirty days. Ne are short eleaen laborers, one truck driver and one Clerk-timekeeper. It is ny reeonwendntion that ! be pernltted to employ slx laborers and one clerk-timekeeper. The clerk-timekeeper replaces n truck driver and was curtailed in the 1964 budget, STREET MEPAIR - Due to the streets being damaged by the weather, It is urgent that our maintenance program be kept abreast with the present time. Due to the age of oar sewers and the limited capacity in many areas, it is urgent that we maintain for health OARAGE - As a savings to the city, we wade a careful check on the gasoline; therefore, a laborer at the gasoline pump Is imperative, unless we take skilled and semi-skilled professionals and use them for this work. Obviously+ this would be in violation of the city's wage and salary plan. Secondly. as this letter was being dictated, one of our mechanics advised ne that he was returnin9 to Nest Virginia. I recommend that I be permitted to employ two replacements in this department. SEWAGE TREATMENT PLANT - Re have always had a limited personnel at the sewage disposal plant, beginning this operation years ago with nine less than the consultants recommended. Ne are short an assistant operator at the present time and a plant of this type requires around the clock attention. Failure to do this may be serious. 1 recommend one assistant operator. NELFARE - In the 1964 budget, you provided additional personnel for the City to administer a new health and hospital program provided by the federal and state governments, and the detailed work in these new programs in aery heavy. Miss JoneS. at the present time, has four openings and ~111 have two additional ones around February ist. It is impossible to maintain both adequacy and security in our welfare program without adequate personnel. Since our employees in this department are taken from an accredited state list, our welfare department is unable to solicit and canvass qualified people unless they know they can be employed. During the searching period quite often excellent people are lost. I recommend the employment of four people in this department now. . POLICE DEPARTMENT - The police department, operating today on less than minimum requirements and conditions, are short two men. In order.to secure proper personnel for this department, considerable research and checking is done before an applicant is employed. I would like to recommend employment of two police officers. It is with regret that I bring this to your attention knowing your keen desire to haven sound attrition program. Ne have a large public works program and everyday maintenance must go on and it cannot be accomplished without proper personnel and I consider it my duty to bring it to your attention. The disposition, of course, is left in your hands. Respectfully submitted, S/ Arthur S. Owens City Manager" In this connection+ the City Manager submitted a verbal report. recommending that vacancies for a Deputy'Clerk and a Probation Officer at the Juvenile and Domestic Relations Court also be filled. After a discussion of the recommendations of the City Manager, members of Council expressing the Opinion that it would probably be a savings to have the 407 mark of the Rodman. Chalnnan nad Right of Way Agent accomplished by contract on special projects, Mr. Dillard moved that Council concur in the recommendations of the City Homager. uith the exception of,the Engineering Department and the Juvenile and Domestic Relations Court. and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Rr. Wheeler and unanimously adopted. BUILDING CODE: Council having referred to the City Manager for study. report and recommendation the question of increasing the maximum amount of $10o000 for a bond under Section 6, Chapter 2, Title XI¥. of The Code of the City of Roanoke, 1956. the City Manager submitted a sritten report, advJsJn9 that the control of blasting alan9 public ways and parks should be under the Director of Public Works while blasting on private property should be the responsibility of the Commissioner of Buildings, and recommended that a minimum bond of $$,000 be required when any blasting is done in the city and that in the event of exposure or intensityI the bond he increased accordingly after the Director of Public Works and/or the Commissioner of Buildings has recommended to the City Manager for his approval an adequate bond in accordance with their investigation. Rt. Jones moved tha.t 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 ~as seconded by Mr.~heeler and unanieously adopted. AIRPORT: The City Manager submitted a ~ritten report, recommending that the City of Roanoke purchase land and rights tn land totaling 109.72 acres as shown on a map prepared in the office of the City Engineer and revised January 2T. 1964. from the Heirs of the J. B. Andrews Estate for a total purchase price of $303,030, for use in connection with Project No. 9-44-O12-13 and Project No. 9-44-O12-14 at Roanoke Municipal (Woodrum) Airport. In this connection, the Airport Committee submitted a written report. concurring in the recommendation of the City Ranager and also recommending that the city secure as quickly as possible approximately 16 acres of land south of Hersh- berger Road needed to construct runway approach lights under Project 13. 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 was seconded by Mr. Wheeler and unanimously adopted. Mr. Dillard then moved that the report of the Airport Committee be filed. The motion was seconded by Mr. Young 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 Janoary 1, 1963, and ended December 31, 1963. On motion of Mr. Wheeler. seconded by Rr. Pollard and unanimously adopted. the report was filed. ADDITS-$CROOLS: The C{ty iuditor submitted a written report, transmittin copie~ of audit reports of ten internal school accounts for the year ended June ~0, 4O8 1963, and advised that when all the various school audits are completed be will submit a comprehensive report on the entire school system audit which mill include a summary of any deficiencies and recommendations. On motion o~ Mr. Wheeler, seconded by Mr. Dillard and unanimously adopted the report was filed. PARKS AND PLAYGROUNDS: The Director of City Planning submitted the following report, transmitting a long-range development plan for parks, playgrounds and open spaces in the City of Roanoke: *January 20, 1964 The Honorable Murray A, Stoller. Mayor and Members of City Council Roanoke. Virginia Gentlemen: T~s plan ~or parks and open spaces submitted to you is the third in a series dealing with community facilities, it was prepared in cooperation with the City*s Department of Parks and Recreation and contains proposals for the long-range development of Roanoke's park system. The cost of bringing Roanoke's parks up to recommended standards and to provide for the needs Of the community by 1980 is estimated at approximately $1,300,000. This figure includes costs for land, rest rooms and shelters, development of playgrounds, and the con- struction of four swimming pools. Not included are community center buildings, the individual cost of which is estimated to be about the same as that for swimming pools. Roanoke is comparatively well endowed ~ith large park areas. Ilar- ever. as can be observed on the map of existing facilities, most of these parks are located south of Roanoke River. while other neighborhoods show a pronounced lack of open spaces. This report will proride a guide line according to ~hich the future park land should be assembled and developed in a systematic way, and at a minimum cost to the maximum benefit of Roanoke*s neighborhoods. Sincerely yours, SI Merfler K. Sensbach ~erner K. Sensbach Director of City Planning* On motion of Mr. Wheeler, seconded by Mr. Dillard and unanimously adopted the report was filed. ZONING: Council having referred to the City Planning Commission for stud report and recommendation a request of Rr. Robert Lee Short. Sr.. that property located On Orange Avenue. N. E., east of Vinton Mill Road. described as Acreage, John T. Short Rap, Official Tax No. 3330501, be reloned 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.. Rarch 2, 1964. The motion ~as seconded by Mr. Uillard and unanimously adopted ZONING: The Board Of Zoning Appeals submitted its annual report for the year 1963. Mr. Pollard moved that the report be received and filed. The motion mas seconded by Rt. Rheeler and' unanimously adopted. 409 / REPORTS OF COMMITTEES: STORM DRAINS: Council having referred bids on the construction of a storm drain on Brandon Avenue, S. d,. from Mud Link Creek to the west property line of the Yorktown Apartments, to a committee composed of Messrs. Malter L. Young, Chairman, H. Cletus Broyles, Arthur S. O~ens and Bueford B. Thompson. for tabulation and report~ the committee submitted a written report, together with a tabulation of the bids, showing the alternate proposal of Hudgins and Pace, in the amount of $11.200. based on the use of corrugated steel pipe. asphalt coated with paved Invert as the Iow bid. and recommended that the alternate proposal of Hudgins and Pace be accepted and that $11.214 be appropriated to cover the amount of the contract and advertising costs. Mr. Pollard moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance accepting the alternate proposal of Hudgins and Pace: (~155T4) AN ORDINANCE accepting the alternate proposal of Itudgins ~ Pace for the construction of a storm drain on Brnndon Avenue; authorizing the proper City officials to execute the requisite contract; rejectin9 all other bids; and providing for ao emergency. (For full text of Ordinance. see Ordinance Book No. 2T, page 10.) Mr. Pollard moved the ado priori of the Ordinance. The motion ~a$ seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard. Jones. Pollard. Mheeler. Young and ¥ice Mayor Garland ............................... 6. NAYS: None .................O. (Mayor Stoller absent) Mr. Pollard then offered the foliowin9 emergency Ordinance appropriating $11.214: (~15575) AN ORDINANCE to amend and reordain Section ~!67. "Contingencies, and Section #170, "Capital," of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinande Book No. 27. page 11.) Mr. Pollard moved the adoption of the Ordinance. Yhe notion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard. Jones. Pollard. Mheeler, Young and Vice Mayor Garland ............................... 6. NAYS: None .................O. (Mayor Stoller absent) UNFINISHED BUSINESS: NONE. P CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AND CONSIDERATIO~ OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 15564, vacatin9, discontinuing and closing Commonwealth Avenue, N E., from its southerly terminus at the intersection of Malker Avenue to its intersection with Gregory Avenue Gregory Avenue N E from'! '4.'1_0 its Intersection with Commonwealth Avenue to the westerly side Of Fifth Street; and the two alleys lying in fllock 11. Fnlrvlew Addition. hating prevJonsly bceo before Council for Its first reading, read end laid over, mas again before the body. MPa Young offering the following for its second reading and final adoption: (z15564l A~ ORDINANCE vacating, discontinuing and closing (Il Common- wealth Avenue. N.E., from its southerly terminus at the intersection or Malker Avenue, N. E., to its intersection with Gregory Avenue. N. E.o and Gregory Avenue. N. £** from Its intersection with Commonwealth Avenue, N.E.. to the mesterly side of Fifth Street. ~. E.: (2) Those two certain alleys which lie withio the confioes of Section 11, Fairview Addition. shown on Sheet NO. 302 Of the Tax ~pprnisal Map of the City of Roanohe, Virginia, throughout the entire length and width thereof, being all of the alleys lying within the said Section 11, Fairview Addition, in the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Rook No. 27, page S.) Mr. Young moved the adoption of the Ordinance. The motion was sec~lded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Jones, Pollard, Rheeier, Young and Vice Mayor Garland ................................ 6. NAYS: None .................u. (~ayor Stoller absent) EA~E~ENTS-AppALACIIIA~ ~O~ER CO~PA~Y-WAYER DEPARTMENT: Ordinance No. 15559, granting the Chesapeake and Potomac Telehphone Company, insofar as the City of Roanoke has the authority to do so, a right to attach a multiple wire on existin, poles owned by the Appalachian Power Company over a portion of the Carvins Cove water supply property On State Secondary Route 740, in Roanoke County, having pre- before the body. Mr. Pollard offering the following for its second reading and fina adoption: i=15569) AN ORDINANCE granting the Chesapeake and Potomac Telephone Company. insofar as the City of Roanoke has the authority to do so. a right to attach a multiple wire on existing poles owned by the Appalachian Power Company over the easement granted the last-mentioned company by Ordinance No. 15463. (For full text of Ordinance, see Ordinance Dook No. 27, page ?.)' Rt. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: ~essrs. Dillard, Jones, Pollard, Mheeler, Young and Vice Mayor Garland ................................ 6. NAYS: None .................O. (Rayor Stoller absent) BOND ISSUES-AUDITORIUM-COLISEUM: Ordinance No. 15570, directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the freehold voters of the City of Roanoke will approve Ordinance No. 15505, providing for the issue of bonds not to exceed $5,500,0D0 to defray the cost of permanent public improvements, to-wit: acquisition of sites for. con- struction and equipment of a c/vic ceoter consisting of aa auditorium and other public buildings including access facilities, parking areas and landscaping in connection t~eremith, having previously been before Council for its first reading, read and laid over. was again before the body. Mr. Jones offering the foliomiog rot its second reading and final adoption: (#15570) AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia. to determine whether the freehold voters of the City of Roanoke will approve an ordinance. No. 15505. duly adopted by the Council of the City of Roanoke o~ the 9th day of December. 1963. (For full texL of Ordinance. see Ordinance Book No. 27, page fl.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard nod adopted by the followiog vote: AVES: Messrs, Dillard, Jones, Pollard, Wheeler, Young and Vice Mayor Garland ............................... NAYS: None .................O, CMayor Stoller absent) BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the filling of two vacancies at the Roanoke Public Library at the discretion of the Director of the Library and the vacant position of Secretarial Assistant in the Department of Public Works, he presented same; ~hereupoq. Mr. Dillard offered the following Resolution: i=15576) A RESOLUTION authorizing the employment of certain additional personnel by the City Manager. iFor full text of Resolution, see Resolution Book Nc. 27. page 12,) Mr. Dillard moved the adoption of the Resolution. The motion nas secondedil by Mr. Young and adopted by the following vote: AYES: Messrs. Dillard. Jones. Pollard. Wheeler, Young and Vice Mayor Garland ............................... NAYS: None .................O. (Mayor Stoller absent) TRAFFIC: Council having directed the City Attorney to prepare the proper measure making passage over a low-boy bridge in high water a misdemeanor and imposing a fine of $10 for violation thereof, he presented same; whereupon, Mr. Dillard offered the following emergency Ordinance: 1=15577) AN ORDINANCE prohibiting the use of certain bridges in the City during perio® of high water; providing a penalty for the violation of this ordinance and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 12.) Mr. Dillar~ moved the adoption of the Ordinance. The motion was seconded Mr. Pollard and adopted by the following vote: AYRS: Messrs. Dillard. Jones. Pollard, Wheeler, Young and Vice Mayor Garland ............................... NAYS: None .................O. (Mayor Stoller absent) 412 TRAFFIC: Council having directed the City Attorney to prepare the proper measure amending the Traffic Code to provide that motorists who do not take proper precautions lo driving on icy, snomy or slick streets lo the City of Rouaoke be subject to a fine of $5 for violation of the measure, he presented same. After a discussion of the proposed measure. Mr. Young stating that he still feels the Ordinance should apply to designated streets, but that he is willing to have the Ordinance adopted for a trial period, and the work *effectiv( being deleted in regard to its reference to snow tires at the suggestion of Mr. Dillard who pointed out that it will be up to the court to decide whether or not the snow tires are effective, Mr. Dillard offered the following emergency Ordinance: (~15570) AN ORDINANCE making unlawful, under certain circumstances, the operation of motor vehicles not equipped with tire chains or snow tires; providing a penalty for violation of the provisions hereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 27, page 13.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr, Garland and adopted by the following vote: AYES: Messrs. Dillard, Jones, Pollard, Mheeler. Young and Vice Mayor Garland ......................... NAYS: None ..........O. (Rayor Stoller absent) MOTIONS AND MISCELLANEOUS BUSINESS: STREEYS AND ALLEYS: gr. Wheeler stated that at a recent meeting with property owners on Franklin Road. S, ~., with regard to the proposed widening of Franklin Road, south of the Franklin Road Underpass. it developed that one of the biagest traffic hazards comes from motorists making left turns to shop at the Rick-or-Mack store located at 2602 Franklin Road, S. W.. and that Mr. Cash J. Shoal. owner of the property, has indicated a militngnes$ to donate land for the exten$ior of Twenty-sixth Street. S. W., at Stephenson Avenue, la order to furnish ~ back entrance to the grocery store. Mr. Wheeler moving that the matter be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Dillard and unanimously adopted. SEWERS AND STORM DRAINS: Mr. Young pointed out that the contract between the City of Roanoke and the County of Roanoke dated September 20, 1954. dealing with the treatment of domestic and commercial wastes, provides that ownership of the sewer lines be vested in Roanoke County, regardless Of who pays for the lines. that this was done because it keeps the control of those lines with the county, that it has come to his attention there is a possibility the county may not be doing this and title to some or all of the lines may he vested in the Roanoke Count Sanitation Authority and if this is the case he is,wondering what effect does this have on the contract, is it voided because the city knows of this non-compliance, if any, Mr. Young moving that the City Attorney he requested to lnv~tigate the matter and advise Council as to who has title to tbe seuer lines ia question and if vested in any group other than the aoard of Supervisors of Roanoke County to advise Council us to the effect o~ the contract between the city and the county, if any. The motion mas seconded by Mr, Dillard and unanimously adopted. On motion of Mr. Dillard, seconded by MF. Jones and unanimously adopted. the meeting mas adjourned. APPROVED ;,,,.? .... :_, .¥. ,. Ill City Clerk Mayor 414 COUNCIl-, REGULAR MEETING, Monday, Febreery 3, 1q64. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, February 3t 1964, at 7:30 p.m., with Vice Hayor Garland presiding, PRESENT: Councilmen Benton O, Dillardt Roy R, Pollard, Sr,. Vincent S. Mheeler, Molter L, Young and Vice Mayor Robert A, Garland ....................... $. ABSENT: Councilman James E. Jones and Mayor Murray A, Stoller ......... 2. OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr. James N. 'Kincanon, Assistant City Attorney. and RrB J. Robert Thomas, City Auditor. INVOCATION: The meetin9 was opened with a prayer by the Reverend J. Land* Maddex, Pastor, Villa Heights Baptist Church. MINUTES: Copy of the minutes of tbe regular meeting held on Monday, January 20, 1954, having been furnished each member of Council, on motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: Council having previously set a public hearing for 7:30 p.m.. February 3. 1964. on the request of James C. Martin. Jr** and Gwynhilda Martin that ?0 feet of an alley running from Mautauga Street to Deneiston Avenue. S. ~.. parallel to ~estover Avenue. abutting part of Lots 3 and 4. Block ?. Roanoke Ghent Map. be vacated, discontinued and closed, the matter was before the body. In this connection, the following communication from the City Plan,lng Commission. recommending that the request be graeted, was before Council: "December 19. 1963 The Honorable Murray Aa Stoller. Mayor. and Members of City Council Roanoke, Virginia Gentlemen: Tie City Planning Commission considered this alley closing request in its December lB. 1963 meeting. The Commission found that the alley is not developed and that the vacation of the present right-of-way would not be detrimental to adjacent property owners. The Commission therefore recommends to City Couecil that this alley be vacated, discontinued and closed, reserving any easements necessary for public utilities. Respectfully submitted, S/ Merner K. Sensbach B, N. Eubank ¥ice-ChaJrman# It was ~ so brought to the a~ention of Council that viewers hare submitted a report, advisin9 that they have viewed the said alley and are unanimously of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing same. Hr. James E. Buchholtz, Attorney, representing the petitioners, appeared before Council in support of the request or his olients, No one appearing in opposition to the request, Hr, Wheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance he placed upon its first rending: (#15579} AN ORDINANCE permanently abandoning, vacating, discontinuing and closing part of n certain alley located in the southwest section of the City of Roanoke, Virginia, in Block ?, as shown on the Roanoke Ghent Company Map, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, a copy of which map may be found in the Office of the City Engineer of the City of Roanoke. Virginia. WHEREAS. James C, Martin, Jr** and Gwynhllda J, Martin, husband and wife, have heretofore filed a petition before City Council, in accordance with law, requesting Council to permanently abandon, vacate, discontinue and close that certain alley through a portion of Block 7, Roanoke Ghent Company Mapo a copy of which may be found in the Office of the City Engineer of the City of Roanoke, Virginia, and which said alley is more particularly hereinafter described; and as to the filing of said petition, due notice was given to the public as required by law; and WHEREAS, in accordance with the prayer of said petition, Resolution No. 15510 was adopted by the said City Council on the 9th day of December, 1963, pursuant to which viewers were appointed to view the said property and to report in writing what inconvenience, if any, would result from permanently abandoning, vacating, discontinuing and closing the said alley hereinafter described; and further the said City Council referred the issues raised by said petitioners to the Planning Commission of the City of Roanoke for said Commisslon*s study of said request and a report thereon; and WHEREAS, it appears from the report in writin9 filed by the viewers with the City Clerk, together with the ~fftdavit of said viewers, on the 16th day of January, 1964. that no inconvenience would result, either to any individual or to the public, fros the permanent abandoning, vacating, discontinuing and closing of the said alley hereinafter described, to which report no exceptions have been filed; and WHEREAS, the City Planning Commission by letter directed to the Mayor of the City of Roanoke and the members of City Conncil, dated December lg. 1963, recommended to City Council that the said alley hereinafter described be abandoned, vacated, discontinued and closed subject to the right Of the said City to retain all necessary easements for public utilities; and #HEREAS, a public hearing on the question was held before the Council on the 3rd day of February, 1964, after due and timely notice of said meeting, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question of the proposed alley closing; and 41_6 IHEREAS, upon consideration o( the matter, the Gouncll is of the opinion that no inconvenience ulll result to any onner or to the public from the pernanent abandonment, vacating, discontinuance end closing of the alley hereinafter described and that the petitioners" application to permanently close tbf sane should be granted, said petitioners having agreed to bear and defray the expenses incident to the closing of sane. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alley located in the southmost section of the ~ity of Roanoke and described as follows: BEGINNING at a point on the south side of that certain 12-foot alley in Block 7 as shown on the Roanoke Ghent Company Map; mhich point is N, 85° 02* E. 100 feet from the point of inter- section of the south line of said alley uith the east line of Mautaugo Street, S. M., thence N. 15o28* W. 12 feet to a point; thence No 85° 02* E, TO feet to a point; thence $. 15o 28* E. 12 feet to a point; thence S. 85° 02* M. 70 feet to the point and place of BEGINNING, and; BEING all of that certain 12-foot alley running east and west between properties of James G, Martin, Jr,, and Gwynhilda Martin. husband and wife, and; further, being a part of that certain 12-foot alley running east and ~eit through Block 7, as shown On the Roanoke Ghent Company Mapo uf record in the Clerk*s Office of the Circuit Court of Roanoke County, Virginia, a copy of which map may he foond in the Office of the City Engineer of the City of Roanoke, Virginia. be. and the same hereby is, permanently abandoned, vacated, discontinued and closed the City of Roanoke, however, reserving unto itself a easement for any water, sewer or other public utility line Or lines, if any, now existing therein and the right of ingress and egress for the maintenance and repair thereof, BE IT FURTHER ORDAINED that the City Engineer of the City of Roanoke be, and he hereby is, directed to mark 'Permanently Abandoned, Vacated, Discontinued and Closed" that portion of that certain alley hereinabove described 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 alley is shown, referring to the book and page of ~rdtnances and Resolutions of Council wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerh of the Hustings Court for the City of Roanoke, Virginia, a copy of this Ordinance in order that the said Clerk may make proper notations on all maps or plats recorded in h~ said office upon which are shown the said alley herein permanently abandoned, vacated, discontinued and closed as provided by law. Zhe motion ~as seconded by Mr. Pollard and adopted by the following vote: AYES; Messrs. Dillard, Pollard, Wheeler. Young and Vice Mayor Garland .................................. NAYS: None ....................O. (Mr. Jones and Mayor Stoller absent) ZONING: Council having previously set a public hearing for 7:30 p.m., February. 3, lqbd, on the request of the Virginia Pentecost Heirs and the Pet Milk Company that property located on the south side of Rorer Avenue, S. No, between 'Eleventh Street and Twelfth Street, described as Lots 10 and 11, Bloch 29, Fo Rorer Hap, Official Tax Rom. 121290? and 1212906, be rezosed from Special Residence District to Hasiness District, the matter was before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be granted, was before Council: 'December 19, 1963 The Honorable Murray A. Stoller. Rayor, and Rembers of City Council Roanoke, Virginia Gentlemen: In its December 10, 1963 meeting the Planning Commission considered the above rezonJng request. In studying this matter the Planning Commission noted that the area in which this property is located is undergoing noticeable changes In land use, mosLly from residential tO light industrial and commercial. The Commission noted that there is a demonstrated need for urban redevelopment measures in this general area in connection with ~mprovements of major highways. In view of these anticipated land use changes, the Commission is of the opinion that the change from Special Residence District to Business District would be compatible with the existing land use pattern and would not be detrimental to future renewal of this area. The Planning Commission therefore recommends to City Council that the above rezoning request be granted. Respectfully submitted, S/ R. E. Senshach /h B. N. Embank Vice-Chairman" Hr. Evans B. Jessee, Attorney, representing the petitioners, appeared before Council in support of the request. NO one appearing in opposition to the proposed rezoning, Rro Pollard moved that Council concur in the request for rezoning and that the following Ordinance be placed upon its first reading: (~15580) 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. HHEREAS, application has been made to the Council of the City of Roanoke to have the property known as Lots 10 and 11, Block 29, F. Rorer Map, bearing Official Tax Nos. 1212907 and 1212906, respectively, said lots being located on the southerly side of Rorer Avenue, S. R., each fronting 50 feet thereon, between Eleventh Street and Twelfth Street, reposed from Special Residence Olstrict to Business Oistrict; and ~HEREAS, the City Planning Commission has recommended that the hereinaftei described land be rezoned from Special Residence District to Business District; and RHEREAS, notice required by Title IV, Chapter 4, Sention 43, of The Code of the City of Roanohe, 1956, relating to Zoning, has been published in 'The Roanoke ~orld-News,' a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice was held on the 3rd day of February, 1964, at T:30.p.m., before the Council 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 rezoning; and 4~.8 RHEREAS,, this Councils after considering the evidence presented, is of the opinion that the hereinafter described land should he 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, via.: Fropevty IncaSed on the, southerly side of Rorer Avenue, S. W** between Eleventh Street and Twelfth Street, described as Lots IO and 11, Block 29. F. Rorer Mop, designated on Sheet 121 of the Zoning #ap as Official Tax Nos. 1212g07 and 1212g06, respectively, be and is hereby, changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Hr. Young nod ~dopted by the following Yore: AYES: Messrs. Dillard, PollaFd, Wheeler, Young and Vice Mayor Garland .................................. hAYS: None ....................O. (Mr. Jones and Mayor St*liar abseot) ZONING: Council havJflg previously set a public hearing for ?:30 February 3. 1964, on the request of the heirs of Elm*re D. Helms that a 9.?00-acre tract of land bounded on the west by Old Country Club Road, N. h.. on the south by Linwood Road, No W., and o* the east by Victoria Street. No ~o, Official Tax No. 2540102, be fez*ned from General Residence District to Special Residence District. the matter was before the body. In.this connection, the foil*win9 communication from the City Planning Commission, recommendin9 that the request be 9ranted, was before Council: #December 19, 1963 The Honorable Murray A. St*liar, #ay*r, and Members of Citl Council Roanoke. Virginia Gentlemen: The Planning Commission consideredthe above rezoning request in its December 18, 1963 meeting. Rt. Nalter N. ~ood, attorney, informed the Commission that the Board of Missions of the Methodist Church is contemplating the conversion of the resi- dential structure for use as a hone for the elderly. Additions to the existing structure are planned to accommodate approximately 150 persons. Considering the residential character of the proposed home and the large site on which it is located, the Planning Commission concluded that the proposed rezonin9 of the land would be compatible with the general neighborhood and not detrimental to existing develop- meat. The Plannin9 Commission therefore recommends that the above rezontng request be granted and the area be rezoned from General Residence to Special Residence District. Respectfully submitted. S/ Werner R. Sensbach B. N. Eubank Vice-Chairman" Mr. ~alter ~. Nood, Attorney, representin9 the petitioners, appeared before Council in support of the request. No one appearing in opposition to the proposed rezoning, Hr, Dillard moved that Council concur in the reqaest for rezoning and that the follomfng Ordinance be placed upon its first reading~ (~15501) AN DRDINA~C£ to amend, and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. Rfl£R£AS, application bas been made to the Council of the City of Roanoke to have that certain property situated in the City of Roanoke in the name of £1more D, Halos and described on the Land Hooks of Roanoke City as Acreage, Grove Park, Official Tax ~o. 2540102, on Old Country Club Road, N, W,, rezoned from Gener~ Residence District to Special Residence District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land he rezoned from General Residence District to Special Residence District; and WHERHAS. notice required by Title XV. Chapter 4. Section 43. of The Code of the City of Roanoke, 1956, relatin9 to Zoning, has been published in 'The Roanoke ~orld-News,' a nemspaper published in the City of Roanoke, for the time required by said section; and · REREAS, the hearing as provided for in said notice was held on the 3rd day of February, 1964, at ?:30 p,m,, before the Council of the City of Roanoke, at mhich hearing all parties in interest and citizens were 91yen an opportunity to be heard both for and against the proposed rezoning;.and . ~REREAS, this Council, after considerin9 the eYtdence 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 Titleil 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 Old Country Club Road, N. W., situated in the City of Roanoke in the name of Elmore D. Il, ins and described on the Land Books of Roanoke City as Acreage, Grove Park, designated on Sheet 254 of the Zoning Map as Official Tax No. 2540102, 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. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Wheeler, Young and Vice Mayor Garland .................................5. NAYS: None ....................O. (Mr. Jones and Mayor Stoller absent) ZONING: Council having previously set a public hearing, for 7:30 February 3, 1964, on the request of Rt. W. Clayton Lemon, et ux., that property located on the west side of Patrick Henry Avenue, N, E., between Forest Hill Avenue and Kanter Road, described as Lots 11-24, inclusive, Block 7, Laurel Terrace, Official Tax Nos. 3120706-3120712, inclusive, and property located on the east side Of Byrd Avenue, N, E,, between Forest Hill Avenue and Kanter Road, described as Lots 35-48, inclusive, Block 7, Laurel Terrace, Official Tax Nos. 3120716-3120724, inclusive, be resorted from General Residence District to Light Industrial District. the matter was before the body, 42O In th~ connection, the following communication from the City Planning Commission, recommending that the request he granted, mas before Council: 'December 19, 1963 The Honorable Hurray A. St*lieF, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The City Planning Commission considered this fez*ming request during its regular ne*ting of December 16o 1963. Hr. T. L. Plunk*t*, attorney for the petitioners, informed the Com- mission that the property owner contemplates the development of this land.for a ~ruck leasing operation. In studying this matter, the Commission found that this general area along Patrick Henry Avenue has in recent years developed as a favorite location for truck terminals. The land is presently unused, residential development generally starts one block away from this location to the north and west. Land to the east of this property is zoned for heavy industrial use. In studying this fez*ming request the Commission found that the proposed light Industrial zone mould constitute a logical exten- sion of existing industrial uses along Patrick Henry Avenue and would not be detrioental to residential zones. The Planning Commission therefore recommends that this property be Fez*ned from General Residence to Light Industrial District. Respectfully submitted, S/ Nerner K. Seosbach H. N. Eubank ¥ice-Chairman" Mr. T. L. Plunkett, Jr., Attorney, representin9 the petitioners, appeared before Council in support of the request. No one appearing in opposition to the proposed rezoning, Mr. Nh*clef moved that Council concur in the request for rezoning and that the foil*win9 Ordinance be placed upon its first reading: (=15562) 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 that pruperty located on the west side of Patrick Henry Avenue, N. E** between Forest Hill Avenue and Kanter Road, described as Lots Il - 24, inclusive, Block 7, Laurel Terrace, Official Tax Nos. 3120705-3120712, inclusive, and property located on the east side of Byrd Avenue, N. E., between Forest Hill Avenue and Kant* Road. described as Lots 35 ~ 48, inclusive, Block 7, Laurel Terrace, Official Tax Nos. 3120718~3120724, inclusive, fez*ned from General Residence District to Light Industrial District; and, WHEREAS, the City Plannin9 Commission has recommended that the hereinafter described land he fez*ned from General Residence District to Light Industrial District; and, WHEREAS, notice required by Titl~ XV. Chapter 4. Section 43, of The Code of the City of Roanoke. 1955, relating to Zoning, has been published in 'The Roanoke World=News,' a newspaper published in the City of Roanoke, for the tine required by said section; and, RDEREAS, the hearing as provided for la said notice was held on the 3rd d~y of February, 1964, at 7:30 p.m., before the Council of the City of Roanoke. at which hearing oil parties in interest and citizens were given an opportunity to be heard both for and against the proposed rezoning; and #REREAS, this Council, after considering the evidence presented. Is of the opinion *bat the hereinafter described land should be rezoned. TflEREFORE. 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 follouing particular and no other, viz.: Property located on the west side of Patrick Henry Avenue, N. £., between Forest Hill Avenue and Kan*er Road, described as Lots Il through 24. inclusive. Block 7. Laurel Terrace, designated on Sheet 312 of the Zoning Rap as Official Tax Nos. 3120706 through 3120712, inclusive, and property located on the east side of Byrd Avenue. N. £0. between Forest Rill Avenue and Ranter Road. described as Lots ~5 through 48, inclusive. Block 7. Laurel Terrace, designated on Sheet 312 of the Zoning Map os Official Tax Nos. 3120718 through 3120724, inclusive, be and is hereby, changed from Ceneral Residence District to Light Industrial District and the Zoning Map shall be changed in this respect. The motion nas SeConded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Hbeeler, Young and Vice Mayor Outland .................................. 5. NAYS: None ....................O. (Mr. Jones and Mayor Stoller absent) ZONINO: Council havin9 previously set a public hearing for 7:30 p.m., February 3, 1964, on the request of Mrs. Natalie Roberts Foster, et al., that property located on both sides of ioorman Road and the south side of Salem Turnpike, N. M., west of Twenty-second Street, described as Lots I-3A, inclusive, Block lOl, Melrose. and Lots 1-3, inclusive, Block 100, Melrose, Official Tax Nos. 2322001- 2~22809, inclusive, also, Lots 1-15. inclnsive, Block B, Horton Point, Official Tax Nos. 2323201~2323215, inclusive, be rezoned from General Residence District to Light Industrial District, the matter was before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be granted, was before Council. "December 19, 1963 The Honorable Murray A. Stoller. Mayor, and Members of City Council Roanoke, Virginia Gentlemen: In its December ID. 1963 meeting the City Planning Commission considered this rezoning request. Mr. Richard T. Edwards, attorney, explained that it is proposed to use this land for a truck sales and maintenance operation. The construction of an laD-fOOt building is considered. In studying this matter the Planning Commission found that the land under consideration is located in a *gray area* between a commercial and a residential zone. On the south side the land presently undeveloped abuts an industrial zone. 422 The Planning Commission concluded that the proposed light industrial zone mould form a logical extension of the light industrial urea and mould not be detrimental to residential development, The Planning Commission therefore recommends that the above rescuing request be granted. Respectfully submitted, S/ Meruer K. 5ensbach R. N. Eubanh Vice~Chairnan# Hr. RJcbard To Edwards, Attorney, representing the petitioners, appeared before Council Jn support of the request. NO one appearing ia opposition to the proposed rezonin9, Mr, Pollard that Council concur in the request for fez,ming and that the following Ordinance be placed upon its first reading: (a15583) 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 made to the Council of the City o[ Roanoke to have certain properties located on both sides of Moorman Road, N. R.. and the south side of Salem Turnpike, N. W., west of 22nd Street, N. ~o, described as Lots I to a-A, inclusive, in Block 101, as shown on the Map of Melrose Land Company, and Lots ! to 3, inclusive, in Block 100, as shown on the aforesaid Map of Melrose Land Company, said lots being Official Tax Nos. 2322001 to 2322808, inclusive, and, also, Lots I to 15, inclusive, in Block B, as shown on the Map of Horton Point, said lots being Official Tax Nos. 2323201 to 2323215, inclusive, changed from General Residence District to Light Industrial District; and [~EREAS, notice required by Title XV, Chapter 4, Section'43, of The Code of the City of Roanoke, 1956o relating to Zoning, has been published in *The Roanokt ~orld-News,~ a newspaper published in the City of Roanoke, for the time required by said section; and MHEREAS, the hearing provided for in said notice was held on the ~rd day of February, lgb4, at ?:50 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 res,ming; and RHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be res,ned, as proposed by the applicants; and WHEREAS, the City Plannin9 Commission, to whom the question was heretofore referred, has recommended to the Council that the said properties be fez.ned to Light Industrial District, as requested. ~BEREFORE, 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 particulars and no other, viz.: 423 Properties lone,ed on both sides of Moormnn Road. N, M,, and the south side of Salem Turnpike, N. M.. mess of 22nd Street, N. W., described as Lots I to 3-A, inclusive, In Block IO1, as shown on the Wap of Melrose Land Company, end Lots I to 3, Inclusive, in Block 100, as shush on the aforesaid Map of Melrose Land Company, said lots being Official Tax Nos. 2322801 to 232200S. inclusive, and, also, Lots I to 15. inclusive, in Block B, as shown on the Map of Herren Point, said lots being Official Tax Nos. 2323201 to 2323215, inclusive, be, and are here'by, changed from General Residence District to Light Industrial District, and the Zoning Map shall he changed in this respect. The motion was seconded by Mr. wheeler and adopted by the following vote: AYES: Messrs. Dillard. Pollard. ~heeler, Young and Vice Mayor Garland .................................. NAYS: None ....................O. (Rr, Jones and #ayes Stellar absent) ZONING: Council herin9 previously set a public hearin9 for 7:30 p.m., February 3, 1964, on the request of Hr. Ralph A. Glasgow that property lena,ed on the southeast corner of Chapman Avenue and Thirteenth Street. S. M.. described as the northern part of Lots 7 and 6. Block 31, F. Borer Map, Official Vax No. 1220301.. be resound from Special Residence District to Business District, the matter was before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be granted, was before Council: "December 19, 1963 The Honorable Rurray Au Stellar, Raver, and Members of City Council Roanoke, Virginia Dna,leman: Yhe City Planning Commission considered this resuming request in its regular meeting On December 10, lC53. ~he Commission re,Sewed its recommendation for this property submitted to City Council on March 2b, 1963. In this communication it was stated that Mr. Glasgow proposed to use this building for office=type commercial operation. The Planning Commission holds that the recommendation of March 26, 1963 is still valid and that the above rezofling request may be granted. Respectfully submitted. S/ Nerner K. Sensbach B. N. Embank Vice-Chairman" Mr. Glasgow appeared before Council in support of the request. Mr. Hilliam A. Martin. a member of the Official Board of the ~est End Methodist Church. owner of adjoining property, appeared before Council and advised that the church objects to the proposed resuming on the grounds that it does not know whet the property will be used for if it is resorted for business purposes. Mr. Glasgow advised Council that be offered to sell his property to the Nest End Methodist Church at the same price he paid for it, but that the church 424 rejected his offer because he would not give it a general warranty deed. Mr. Glasgow stating he will not give the church anything.but a speoiul warranty deed because he wil not realize any profit from the sale and if an heir should turn.up years from now he mould be held responsible to the.church for the title to the property, that he is convinced the title to the property is clear, however, he has suggested to the church that It could have the title insured. , After a further discussion of.the matter. Hre Glasgow conceding that he is getting revenue from rental of the property nod has no immediate plans for development thereof for business purposes. Hr. Pollard moved that the request for rezonlng be denied. The motion was seconded by Mr. Young and unanimously adopted. BRIDGES: Council having referred to the 1964 Budget Commission for its consideration the question of constructing a lam-water bridge connecting Bennlngton Street and Yayloe Avenue, $. Eo, north of the Buzzard Rock Ford Bridge. a ~roup of representatives of the Garden City, Mount Pleasant. RayYlower Hills. Grandvlem Heights and Southeast Civic Clubs appeared before the body. advising that it their understanding funds for the low-water bridge were not included in the budget and that the bridge is badly needed. Spokesmen for the civic clubs were Messrs~ C. Ko Wright0 A. O. Etter and J. E. Dudley. Mr. Pollard stated that he sponsored a lam-water bridge in the vicinity of the Buzzard Rock Ford Bridge as a substitute for a new bridge which the citizens of the Riverdale and Garden City sections have been trying to secure for t~enty years, that he would like to see a new m~dern concrete bridge constructed at this location, butt due to lack of funds, the city has been unable tobuild such a bridge and he does not believe the city will be able to accomplish this project for many years to come, that for less then $20,000 a low-water bridge will eliminate a bad traffic condition by straightening out the road from Bennington Street to the underpass at the railroad tracks and allow two-way traffic on the bridge, that he realizes there will be times when the low-water bridge cannot be used due to high (For full text of Ordinance, see Ordinance Book Ho. 2?, page 13.) AYES: Messrso Dillard. Pollard, [heeler, Young and Vice Mayor Garland .............................. ?---5. '425 Mr. Pollard then moved that the City Manager be directed to proceed to advertise for bids for the construction of the lom-maler bridge ns expeditiously ns possible. The motion mas seconded by Mr. Mheeler and unanimously adopted. SEWERS AND STORM DRAINS: Council having included $13.000 in the 1964 budget for the completion of u storm drain in the 2900 bloch of Gienrose Avenue. M. N.. a group of members of the Murth,est Civic League appeared b~fore Council. ~ith He. Jach R. £1rb~. President. acting us spokesman, and requested that funds the completion of a storm drain project for Glendale Avenue. M. M.. also be included in the 1964 budget. MF. KiFby intFoduced Col. D. D. Albert. Vice President Of the NoFthuest Civic League, who advised Council that it has aluays been understood by the citizens, in,that area that the completion of storm drains in Glenrose Avenue and Glendale Avenue would be treated as one project since both are badly needed. Mr. Rheeler moved that the City Manager be directed to include the storm drain project for Glendale Avenue, M. M., in his advertisement for bids for the completion of the storm drain project for Gleurose Avenne, N. W** said projects to be bid on together and separately, with a view of determining whether or not the city can save money by combining the two projects. The motion ~as seconded by Mr. Dillard and unanimously adopted. TRAFFIC-SCHOOLS:' Mr. Harold Ross appeared before Council and requested that a traffic officer be stationed at the intersection of Orahdon Avenue and Grandin Road, $. M., during certain hours, for the protection of students attending Patrick Henry High School and Raleigh Court Elementary School. On motion of Mr. Dillard. seconded by Mr. Rheeler and unanimously adopted, the request was referred to the City Manager for study, report and recoomendation to Council. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. and Mrs. Sergei Nauholnow, requesting that a O.?l-acre tract of land located on the east side of Holllns Road, N. E., feet South of Shull Road, being a portion of Tract wA#, Rex Map, Official Tax No. 3121820, be rezoned from Special Residence District to Business District, nas before Council. 426 On motion cf Mtn Hheeler. seconded by Hr. Young and unanimously odopted, the request mas referred to the City Planning Commission for study, report and recommendation to Council. ZONING: A communication from Mr. J, Thomas Engleby, III, Attorney, representing Hr. R, C, Bell, et ux,, requesting that property located on the north side of McClaoahan Street, S, M** between Rosalind Avenue and Caroline Avenue, described as Lot 3, Bloch 41, Crystal Spring, Official Tax No, 1040503, be rezoned feom Special Residence District to Ousiness DJstFlet. mas before Conncil. On motion of MF, Nheeler, seconded by Re. Young and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. OUOGET-ELECTION$: A communication from Hr, T. Onward Coyer, Chairman, Electoral Board, adrlsJnR that under a recent amendment to the Constitution of Virginia the Registrar is required to keep a separate list of voters who pay their poll tax and vote in l~cal, state and federal elections and of those who do not pay their poll tax and rote in federal elections only, which will necessitate a new filing cabinet for cards and a new filing cabinet for addressograph plates used in running the registration list, was before Council, RF. Boyer requesting that $934.10 be transferred from Fees for Professional and Special Services to Office Furniture and Equipment under Section =132, "Electoral Board," of the 1964 budget, to provide for the purchase of the two [lling cabinets, After a discussion of the matter, the City Manager advisin9 that the cabinets are needed and recommending that the request be granted. Mr, Young moved th Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15565) AN ORDINANCE to amend and reordain Section ~132, "Electoral Board," of the 1964 Appropriation Ordinance, and providing for an nme ~ency. (For full text of Ordinance, see Ordinance Book No. 27, page 14.) Nr. Young moved the adoption of the Ordinance. The motion was seconded by M=o [heeler and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Nheeler, Young and Vice Mayor Garland .................................. 5. NAYS: None ....................O. (Mr. Jones and Mayor Stoller absent) REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending that a street light be installed on the northwest corner of Troutland Avenue and [estwood Boulevard, N. ~o, at the entrance to the Fairviem School. Mr. [heeler moved that Council concur in the recommendation of the CitI Homager and offered the following Resolution: (=15586) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light on the northwest corner of Troutland Avenue and · estwood Boulevard, N. (For full text of Resolution, see Resolution Book No. 27. page 427 Mr, iheeler moved-the adoption of the Resolution. The motion mas seconded by Yro Pollard and adapted by the foil,ming vote: AYES: Messrs. Dillard, Pollard, Rheeler, Young and Vice Mayor Garland .................................. 5, NAYS: None ....................O, (Mr, Jones and Mayor Stoller absent) BDDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, advising that a total of $1,205 in donations has been paid into the City Treasury for use in connection with the development of the Roanoke Transportation Mas,nm, and recommended that this sum be appropriated to the Roanoke Yransportation Museum account. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#15587) AN ORO1NA~CE to amend and r.ordain Section =170, *Capital** of the 1964 Appropriation Ordinance, and providing for aa emergency. (For full text Of Ordinance, see Ordinance Hook No. 27, page 15.) Yr. Pollard moFed the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the foil.ming vote: AYES: Messrs. Olllard, Pollard, Wheeler, Young and Vice Mayor Garland .................................. 5. NAYS: None ............~ ....... O. (Mr. Jones and Rayor Stoller absent) BUDGET-PAY PLAN: The City Manager submitted the following report, recom- mending that certain vacancies in various municipal departments be filled since they are of an emergency nature: 'Roanoke, Virginia February 3, 1964 To the City Council Roanoke, Virginia Gentlemen: Due to change in personnel, it becomes necessary for me to request your authority to employ additional personnel in the city services as follows: MELFARE DEPARTMENT - Mrs. Louise Landis Huggins, a caseworker, and Mr. Esau ,Ilia, an orderly at the City Home, are resigning effective January 31, 1964. HEALTH DEPARTMENT - Bessie Jenkins, a maid, retired and this posi- tion mas left open for sometime to see if we could do without this employee. Council is familiar with the fact that we have female clinics at the Health Department that require the services of a full-time employee. The alternate experience of substitute and part-time has proven unsatisfactory, and I recommend that permission be granted to fill this position. I also recommend ti, additional nurses, as one position has been vacant since before Christmas and the second will be open due to resignation very shortly. LIRRAR¥ - I am quoting verbatim a letter from the Library Director uith reference to the position of Reference Assistant that is open. *~equest consent of Council to fill vacancy created by resignation of Miss Ruby Johnson, Reference Assistant to take job at N ~ M at approximately twice the salary. *Position Vacant: Reference Assistant Grade 14, Step ] $242.$0 per month, 428 *Vacancy must he filled to beep reference deportweat open at Main Llbrar! during 60 hoars the library is open. Person Is necessary to cbech in and file lO daily newspapers, 150 wuguzlaes, various loose-leaf business services, end hundreds of clippings and pawphlets, Person must answer reference questions In person and by phone during the 28 hours when the Reference Librarian, the only other person in the department, is at lunch or off duty, °The number of requests for information in this depart- ment bas increased 282~ iron 1952 (new building) to 1963, Megotistions are underway with Representative Poff to have this library designated · selective depository for government documents. Mithout a Refer- ence Assistant the negotiations must be stopped. 'It is imperative that present positions be filled to handle the demand and workload, Otherwise the library will have to reduce hours of service,' It would appear to me that the justification is clear and I recommend that the authority be 9ranted to employ a person in this position. Respectfully submitted. S/ Arthur $, Owens City Manager' Mr. Dillard moved that Council concur in the recommendations of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion pas seconded by Mr. Pollard and unanimously adopted. MATER DEPARTMENT: The City Manager submitted a mritten report, advising that the city has an option to purchase from Mr. J. T. Woody a 4o649-acre parcel of land. together with a 20-foot wide right of way from 5tat, Secondary Route TYg to said parcel of land and a lO-foot wide tunnel easement from said parcel to the line of the P. C. Lee property, in Botetourt County, for a price of $4,649, mhich property will make the City of Roanoke a riparian owner on Tinker Creek and will place the city in the position of being able to make application for a proposed diversion project through the Circuit Court of Botetourt County for the purpose Of securing five million gallons of additional water per day to add to the cityts water supply, the City Manager recommending that Council authorize the purchase of this land needed for the Tinker Creek diversion. Mr. 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. Pollard and unanimously adopted. PAY PLAN-JUVENILE AND DOMESTIC RELATIONS COURT: Council having referred to the City Manager for study, report and recommendation a suggestion of Mr. James Gregory, former Probation Officer at the Juvenile and Domestic Relations Court, that the position of Administrator for the Juvenile and Domestic Relations Court be created for more efficient handling of administrative matters, the City Manager submitted a written report, advising that he has received no recommendation from the Judge of the Juvenile and Domestic Relations Court concerning this position, and that although it may have merit, ney,rrb,less, he ia of the opinion that this along with a spate of many other necessary changes and adjustments, should be con- sad,red when an Ordinance is adopted creating a Personnel Department and so recommends. 429 Mr, Pollard moved that the report of the City Manager be accepted and filed, The motion nas seconded by Mr, Dillard and unonimously adopted, APPOINTMENTS-POLICE DEPARTMENT-FIRE D~PABTR£NT: The City Manager submJ the following report with regard to changes in the personnel of the Police Depart- ment and the Fire Department: "Roanoke, Virginia February 3, 1964 To the City council Roanoke, Virginia Gentlemen: There were no removals or additions to the police depart- ment during the months of November or December, 19630 In the fire department we had one resignation and 16 additional personnel. They are listed as follows: Donald R, Bawley Donald E. TJnsely Joseph C. Crutchfield Frederick G. Jackson David O, Rich Raleigh D, Quarles Rouald L. Ragland Edwin A. Murray James H. Maxey - additional personnel Richard B. Sarver Douglas D. Dixon Thomas W. Hogan Shelven G~ Wells Daniel H. Logan Harold K. Orange Charles B. Snyder. Jr. Bradford L. Green - resigned Respectfully submitted, S/ Arthur S. Owens City Manager" Mr, Dillard moved that the report of the City Manager be accepted and filed, The motion was seconded by Mr, Wheeler and unanimously adopted, REPORTS OF COMMITTEES: AUDITS-SCBOOLS: A committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Benton O. Dillard and Hurray A, St*liar submitted a written report, transmitting a report of the City Auditor. together with copies of audit reports of six additional internal school accounts for the year ended June 30, 1963. Dn motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the report was filed. LIBRARIES: Council having referred to a committee COmposed of Messrs. ~alter L. Young, Chairman, Vincent S, Iqheeler, Benton O, Dillard, Hubert S. Leonard Evans B, Jessee and Mrs, Ralph K, Bowles for study, report and recommendation a recommendation of the Roanoke Public Library Board that Fleming Park .on Williamson Road, N, I~,, between Fleming Avenue and Truman Avenue, be designated as the site for the new Nilliauson Road Branch. Library and that Randolph Fronts ~ Associates be engaged as architects for. the branch library, the committee submitted a written report with the following recommendations: 430 1. Whereas the Preston Park cowplex mas suggested by the Community Facilities Plan and discussed as possible locatioo at the Budget Bearing at which the branch library was approved, it is recowmended that the Nllllamson Road Branch Library be'located In Fleming Park near the corner or ~illlawson Road and Fleming Avenue mlth the exact setback to be determined at a later date by this committee in cooperation with the architect. 2, Nbereas other firms which have been previously con- sldered are already obligated to the Auditorium- Coliseuw project, It is recommended that J. Garry Clay be engaged as architect for the ~illiamson Road Branch Library, · 3, Mhereas this committee was appointed to study the above matters and whereas this project will require some months for completion, it is recommended that this committee be authorized to continue as llason between the Library Board and the Council. Mr. Young moved that Council concur in the recommendations of the commltte 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. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-PAY PLAN: Council havin9 directed the City Attorney to prepare the proper measnre authorizing the filling of certain vacancies in various municipal departments, he presented same; whereupon, Mr, Young offered the following Resolution: (m15588) A RESOLUTION o~thorlzing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No, 27, page 15.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Wheeler, Young and Vice Mayor Oarland .................................. s. NAYS: None ....................O. (Mr. Jones aod Mayor Stoller absent) BUILBINO CODE: Council having directed the City Attorney to prepare the proper measure requiring a minimum bond of $5,000 when any blasting is done in the City of Roanoke and that in the event of exposure or intensity the bond be increase~ accordingly after the Director of Public Marks and/or the Commissioner Of Buildings has recommended to the City Manager for his approval an adequate bond in accordance with their investigation, he presented same. It appearing that the draft of Ordinance does not contain a specified minimum of $5,000 and does uaw specifically provide for final approval of the amount of the bond by the City Manager, Mr, Dillard moved that action on the Ordinance be deferred until the next regular meeting of Council for consideration by a full membership of the body. The motion ~as seconded by Mr. Wheeler and unanimously adopted. AIRPORT: Council kaviug directed the City Attorney to prepare the proper measure providing far tke acquisition of certain lnnds and of an easement totaling logo?2 acres from the Heirs of the Jo Bo ,Andrews Estate for a total parchase price of $383,030, for use in connection with ProJect NOD 9-44-012-13 and ProJect No. 9-44-012-14 at RoanOke Maulcipal (Moodrum) Airport, he presented same; mhereupOUo Mro Pollard offered the following emergency Ordinance: (~lS58g) AN ORDINANCE providing for the acquisition of certain lands and Of an easement for use in connection ulth the extension of Runway 15-33 and ProJects No, 13 and No, 14 at Roanoke Municipal Airport, upon certain terms and conditions; and providing for aa emergency. (For full text of Ordinance, see Ordinance Book No. 27, page Mr. Pollard moved the adoption of the Ordinance. The motion ~as seconded by Mr, Eheeler and adopted by the following vote: AYES: Messrs. Dillard, Pollard, Eheeler, Young and Vice Mayor Garland .................................. NAYS: None ....................O. (Mr. Jones and Mayor StOller absent} MOTIONS A~D MISCELLANEOUS BUSINESS: FIRE DEPARTMENT: Mrs, H. N. Overstreet, 2725 Tremont Drive, N, appeared before Council and presented copy of a communication from the City Manager to department heads city, transmitting a check list of questions to be the considered in determining whether a discharge is for just cause, dated one week before Mr. Nallace M, Mattox was discharged from the Fire Department, Mrs. Overstreei calling attention to a notation on the bottom of the copy signed by Mr. S. 6. Vaughan, Chief of the Fire Department° requesting each member of the Fire Departmenti! to study his book of rules and regulations and sign his name on the back of the answered and she hopes the commission created to make a full and complete investi- gation of the discharging of Mr. Mattox will answer those questions. Mr. Dillard moved that the copy of the communication be referred to the commission for its information. The motion was seconded by Mr. Young and unani- mously adopted. BUDGET-STREETS AND ALLEYS: Council having included $150,000 in the 1964 budget for a blacktopping project, Mr. Wheeler called attention to the condition (For full text of Ordinance. see Ordinance Book No. 27, page 17.) 432 Mr, Mheeler moved the adoption of the Ordinance, The motion mas seconded by Mr. Dillard and adopted by the following rote: AYES: Messrs, Dillard, Pollard, Mheeler, Young and Vice Mayor Garland .................................. 5, NAYS: None ....................O, (Mr, Jones and Wayor Stoller absent) PARKS AND PLAYCROUNDS-GARBADE REMOVAL: Mr. Dillard presented a petition signed by 89 employees in the Sanitation Department stating that they do not want the task system, but would rather work eight hours per dayandera forty-hoar work week, In this connection, approximately SO employees of the Sanitation Depart- ment appeared before Council, Mr. John L, Meadors complained that the work is unequally distributed and expressed a desire to neet with the City Manager so that the task system can be explained to the employees, Mr, Chapman C, Brown pointed out that those employees finishing their day's work early cannot leave until 1:30 and are required to go on to the next day's work. M~. Co M. Clark pointed out that those employees finishing their day's work early are also required to help other employees with their work. Mr. S. Albert Trumpeter complained that Roanoke is not suitable for a satisfactory task system as compared with other cities and asked that the system be abolished. Oa notion 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. qUALIFICATIONS: The Citl Clerk reported that the following members of boards, commissions and committees have qualified: Mr. Winston So 5harpley, Advisory and Appeal Hoard, Air Pollution Control; Mr. Dorman M. Miller, Roanoke Valley Regional Planning Commission; Mr, 6eorge Po Lawrence, Roanoke Public Library Doard; Mrs. Margaret S. Mhlttaker, Mr. 6, Frank Clement and Mr. Thomas P. Parsley, Housing and Hygiene Board; and Mr. Hamilton M, Rednan. Advisory Committee on Investment of Funds to the Board of Trustees of the Employeesv Retirement System of the City of Roanohe for a term of three years ending December 31, 19bb. Mr. Mheeler moved that the report be received and filed. The notion was seconded by Mr. Pollard and unanimously adopted. On motion of Mr° Dillard, seconded by Mr. Pollard and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: Mayor 433 COUNCIL, REGULAR MEETING, Monday, February 10, 1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, February 10. 1964. at 2 p.m.. the regular meeting hour..lth Mayor Stoller presiding. PRESENT: Councilmen Benton O. Dillard, Robert A. Garland. James E. Jones. Roy R. Pollard. Sr.. Vincent S. Wheeler. Molter L. Young and Mayor Rurray A. Stoller ............................... ?. ABSENT: None ...............O. OFFICERS PRESENT: Wt. Arthur S. Owens. City Nanager, Wt. Randolph B. Whittle. City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Rererend R. E. Cramford, Pastor, Cardem City Baptist Church. MINLrIES: Copy of the minutes of the regular meetin9 held on Mcnday, January 27. 1964, havin9 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 CIYIZENS UPON PUBLIC MATTERS: ~ATER DEPARTWENT: Pursuant to notice of advertisement for bids on mis- cellaneous, smaIl area improved hard surface street and sidewalk restoration occasioned by the normal daily operations of the Water Department from March 1, 1964, to March 1. 1965. said proposals to be received by the City Clerk until 1:30 p.m., Monday, February 10, 1964. and to be opened at 2:00 p.m.. before Council,il Rayor Stoller asked 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 ~ith the opening of the bids; whereupon, the City Clerk opened and read the following bids: Adams Construction Company - $26.907.50 Virginia Asphalt Paving Company. Incorporated - 29,950.00 John A. Hall C Company, Incorporated - 30,010.00 S. R. Draper Paring Company, Incorporated - 30,325.50 Mr. Young moved that the bids be referred to a committee composed of ~essr$. Roy R. Pollard, Sr., Chairman, Arthur S. Owens, Raymond E. Pillow 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, The motion was seconded by Mr. Wheeler and unanimously adopted. PARKS AND PLAYGROUNDS: Council having declined to appropriate $10,158.00 for remodeling Rockledge Inn atop Mill Mountain for use as a summer theatre by a professional theatrical group located at Saranac Lake. N. Y., the Rockledge Inn Improvement Fund Committee appeared before the body, with Mr. J. Thomas Engleby. llI 434 group come to Roan oke Bud that to date the committee has secured pledges of cash donations ia the total amount of $6.425.00. as well as offers of materials and services, which he feels mill amount to the approximately $10.000.00 estimated by the City Manager ~s the minings sum required to refurbish Rockiedge Inn for use as a theatre. Hr. Engleby pointing out that donations are still coming in and requesting that Council immediately authorize the City Manager to make improvements to the Inn to the extent that funds and services are made available to his by the pledges of the citizens of the City of Roanoke, as mall as negotiate with the Saranac players with regard to a reasonable rental for use of the property. The following members of the Rockledge Inn Improvement Fund Committee were recognized: Messrs. Eduard Aa Langley, Fowler M. Johnston. Louis So Maldrop. Jack C. Smith, B. M. Long. Fred M. Malkev. James R. Baker. Mllliam A. House. John H. Miller. Mrs. M/liras #. Long and Nfs. Stoke G. Caldweli. Mr. Jones suggested that if the theatre 9romp does come to Roanoke members of this committee might serve as an Advisory Board for the project. Hr. Young raised the question as to what would happen if it develops the City Manager has grossly underestimated the amount needed to remodel Rockledge Inn. Rt. Engleby replied that he believes before any work is done the exact cost of the project should be ascertained. RF. Langley stated he has had fifteen years of experience in the pro- fessional theatre and that he feels the $10,000 estimate is reasonable for the 435 Mr. Garland then offered the follcmlng Resolution providing for the appointment of viewers:' (m15591) A RESOLUTION providinR for the appointment of five viewers in connection with the application 'of Davis Enterprise. Incorporated. to permanently vacate, discontinue and close that certain unopened paper alley running through the lands of Davis Enterprise, Incorporated, along the westerly lines, Lots R? and 28. Block II, Map of Villa Heights, and which said alley runs Reneraily In a north-south direction and parallel to Forest Park Boulevard and Crescent Street, N. M. (For full text of Resolution, see Resolution Book No. 27, page 24.) 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. Nheeler. Young and Bayor Stoller ........................... NAYS: None ...................O. Z~ING: A communication from Mr. C. O. Calhoun+ requestin9 that property located on the northerly side of Walnut Avenue, S. E., east of Ivy Street, described Lots 36. 37 and 3~. Block i, Walnut Rill, Official Tax No. 4041129, be rezoaed from General Residence District to Special Residence District. was before Council. On motion of Hr. Wheeler. seconded by Mr. Garland and unanimously adopted. the request was referred to the City Plannin9 Commission for study, report and recommendation to Council. REpoRTs OF OFFICERS: BUDGET-MUNICIPAL BUILDING: Council havin9 included $10,360 in the 1964 budget for the installation of four units to cooplete the air conditioning of the Runieipal Building, the City Ranager submitted a ~ritten report, advising that it has been determined that six machines ~ith greater capacity are needed to adequately air condition the remaining offices, and recommended that an additional $1,622 be appropriated to cover the increase in cost of the equipment. Council being of the opinion that the exact cost of the equipment should be determined before any additional appropriation is made. Mr. Wheeler moved that the City Attorney be directed to prepare the proper measure authorizing the City Manager to advertise for bids for the installation of the equipment. The motion was seconded by Mr. Garland and unanimously adopted. BUDGET-ZONING: The City Ranager submitted a written report, advising that four feet of the office space occupied by the Board of Zoning Appeals has been taken for the office of the Registrar and that this reduction in floor space necessitates the replacement of the two desks now tn use ~ith one desk with a typewriter well, the City Wanager recommending that $~9.50 be appropriated for the desk and that $32.50 also be appropriated for a chair. er. Jones pointed out that Council included funds in the 1964 budget for the purchase of des~ for several municipal d~partments and moved that the matter be 436 referred back to the City Manager for the purpose of ascertaining whether or ant the two desks now in use la the office of the floard of Zoning. Appeals can be used by those departments with more office space with a viemof using the funds allocated to those departuen~s to purchase the desk and chair for the office of the Board of Zoning Appeals. The motion~mas seconded by MFo ~heeler.and unanimously adopted. SEMEaS AND STORM DRAINS-STATE BXGHMAYS: Council having authorized the execution of an agreement dated June RS, 1963, betmee9 the City of Roanohe and the Virginia Department of Highways, mith regard to certain changes in the sanitary sewer system in that segment of the Interstate 581 Spur project from Sycaoore Avenue. N. E.. to a point in the vicinity of Maiker Avenue. N. E.. at an estimated net cost to the city of $3.304.21. and having appropriated said amount, the City Manager submitted a written report, advising that the Highway Department hms awarded the contract for the Interstate SOl Spur project to J. M. Turner Company, IncoFporated. su~ act to the approval of the United States Bureau of Public Roads and the City of Roanoke, and it has now been determined the actual net cost to the city for the changes in the sanitary sewer system is $5,336.00, of which $002,64 has already been paid to the Department of Highways from the previous appropriation, the City Manager recommending that an additional $2,834.43 be appropriated to cover the revised cost and that he be authorized to execute an amendment to the existing agreement in accord~ce with the revised cost. The City Ranager also pointed out that the Virginia Department of Ilighways has taken the positioa that a 24-inch drain pipe in the vicinity of Malker Avenue is all the Highway Department can justify for the drainage area, while the city feels that a 48-inch storm drain is needed, the difference in the cost to the city being $4.B94.50, the City Manager recommending that Council adopt a Resolution requesting the Virginia Department of Highways to proceed with the 4fi-inch pipe and an Ordinance appropriating the difference Of $4.894.50. Mr. Dillard moved that Council concur in the recommendations of the City Manager with regard to changing the sanitary sewer system and offered the following emergency Ordinance appropriating $2,834.43: (~15592) AN ORDINANCE to amend and reordai~ Section ~170, "Capital," of the 1964 Appropriation Ordinance, and providinR for an emergency. (For full text of Ordinance, see Ordinance Rook No. 27, page 25.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the followinR vote: AYES: Messrs. Dillard, Garland. Jones, Pollard. Nheeler. Young and Mayor Stoller ........................... NAYS: None ...................O. Mr. Young then moved that the City Attorney be directed to prepare the proper measure authorizing the City Manager to execute an amendment to the existing agreement in accordance with the revised cost. The motion was seconded by Mr. Rheeler and unanimously adopted. 437 With reference to the question of increasing the size of the storm drain. Hr. Young pointed out that uhen the state makes o mistake on the size of a drain pipe it goes back and corrects the mistake at its expense and moved that the City Attorney be directed to prepare the proper measure informing the Virginia Department Of Highways that the City of Roanoke'is of the opinion the 24-inch drain pipe is too small and suggesting that the Highuny Department review the drainage, it being the assumption of the city. if the Department of Highmays does not choose to restudy the matter, that the Highway Department alii correct the mistake If it becomes apparent in the future one has been made. The motion was seconded by Mr. Wheeler and unanimously adopted. BUDGET-PAY PLAN: The City Manager submitted the following report, recom- mending that certain vacancies in various municipal departments be filled since they are of an emergency nature: 'Roanoke, Virginia February I0. 1964 To the City Council Roanoke. Virginia Gentlemen: Auditing Oepartaent - In need of a Posting Clerk to fill a yacnncy. request. Respectfully submitted. $/ Arthur $. Owens City Manager* of Public Works on the grounds that it would probably be a savings to have the work specifications for this type of work and the work would undoubtedly cost t~e city more than it is now paying tO its own crews, especially considering that the city doing this type of work in private Business. Mr, Garland moved that ~ouncil concur in the recommendations Of the City Manager and.that the matter be referred to the City Attorney for preparation o! the proper measure, The motion mas seconded by Mr, Dillard and unanimously adopted, STREETS AND ALLEYS: Council having referred the question of extending Twenty-sixth Street,.S. ~** at Stepbenson Avenue, to the City Manager for study, report and recommendation, he submitted u written report, advising that he has checked the files and correspondence concerning the extension of T~enty-sJxth Street. S. M.. from Stephenson Avenue west to Franklin Road. since November, 1951, and bas found several references to this proposal, that it would appear to him if a public street is opened it should be done by a proposal to donate the land to the city. that he is of the opinion It would be impractical unless the street Is opened to Franklin Road since the openinG of the street half way into the parking lot would provide, in his judgment, a violation of the Zoning Ordinance, that this conclusion in itself may be debatable, but since this appears to be a renaming matter he would suggest that the owner Of the property petition Council to rezone said property from General Residence District to Business Distric~ in order to provide proper access to the parkinG lot. Mr. Mheeler moved that the report of the City Manager be filed and that a copy thereof be forwarded to Mr. Cash J. Shoal, owner of the property in question The motion was seconded by Mr. Pollard and unanimously adopted. TRAFFIC-SCHOOLS: Council havinG referred to the City Manager for study. report and recommendation a request of Mr. Harold Ross that a traffic Officer be stationed at the intersection of Brandon Avenue and Grandin Road, S. M., during certain hours, for the protection of students attendinG Patrick Henry High School and RaleiGh Court Elementary School, the City ManaGer submitted a written report, advisinG that due to limited manpower and demands from schools all over the city he cannot assign an officer to this corner; however, every effort will be made to patrol the area with squad cars and if manpower is available periodically officers will be assigned to this intersection. In a discussion of the matter, Mr. Garland raised the question of install- inG "walk" and "don*t walk" signals at the intersection. Mr. J. D. Sink, Superintendent of Traffic EnGineering and Communications, advised that the proposed change in the traffic signal system would cost approxi- mately $5,OOO, pointing out that even with the pedestrian signals at no time could pedestrians cross the intersection without traffic moving in some direction. After a further discussion of the matter, Messrs. Dillard and ~heeler voicinG the opinion that any change in the intersection would tie up traffic, Mr. Dillard moved that the report of the City ManGer be filed. The motion Has seconded by Mr. ~heeler and unanimously adopted. STATE HIGHMAY$: The City Manager submitted a ~ritten report, transmitting a communication from Mr. Ho G. Johnson. Eresldent of the Magic City Motor Corporatiot 4'g9 requesting that Council give the Magic City Motor Corporation the proper entrance to its ne~ property located on the east side of Miillamson Road. N. E., south of Orange Avenue. in the Commonwealth Redevelopment ProJect area. by opening the existing median strip on Mllliamsoa Road so that south-hound traffic can enter its service department which Js on the east side of its building, Mr. Johnson advising that he proposes to give the city the necessary strip of land so that north-hound traffic turning into the property will not slow down through traffic and will also enable the city to move the median strip east which will give south-bound traffic a turn lane into the service department, leavin9 two south-bound fast lanes of traffic. In a discussion of the matter, M/. Johnson appeared before Council and advised that the Magic City Motor Corporation is Interested in safety as well as the proper entrance to its property and feels that the above proposal will answer the problem, pointing out that an opening in the median strip at this point would facilitate tcafflc to the proposed auditorium-coliseum on the west side of Nilllamso~ Road if and when the project is undertaken. The City Manager, Mr. R. Cletus Broyles. Director of Public Mocks+ and Mr. J. D. Sink, Superintendent of Traffic Engineering and Uonmunications. informed Council that they are opposed to opening the median strip at this point because in their opinion it would increase traffic congestion and cause a safety hazard. After a further discussion of the matter+ Mr. Dillard moved that Council accept the offer of the Magic City Motor Corporation and that the matter be referred to the City Attorney for preparation of the proper measure. The motion seconded by Mr. Mheeler and adopted, Rr. Jones and Mayor Stoller voting no. Mr. Jones then moved that the City Manager be directed to prepare an estimate of the cost of carrying out the proposal of the Magic City Motor Corporation. The motion was seconded by Mr. Mheeler and unanimously adopted. APPOINTMENTS-POLICK DEPARTMENT-FIRE DEPARTMENT: The City Mafl~er submitted a written report, advising that there were no changes in the personnel of the Police iDepartment for the month of January. 1964. and that Captain K. S. Burford retired from the Fire Depart~et and Mr. Colonel M. Holt was employed in the Fire Department as of January 1. 1964. Mr. Garland moved that the report be received and filed. The motion mas seconded by Mr. Mheeler and unanimously adopted. AUDITORIUM -COLISEUM: Council having authorized the execution of an agreement with the United States of America. Housing and Home Finance Administrator, accepting an offer to advance $50.000 to the City of Roanoke for preliminary plannin~ in connection with the proposed construction of an auditorium-coliseum, the City Manager submitted a written report, advising that he is in receipt of a check in the amount of $S0.000 from the federal government, and recommended that this amount be appropriated to Auditorium-Coliseum under Section ~ITO, "Capital.~ of the 1964 budget. 440 Mr. Dillard movd that Council concur in the recommendation of the City Haaager and offered the following emergency Ordinance: (s15593) AN ORDINANCE to amend and reordaln Section Sl?O. "Capital.* of the 1964 Appropriation Ordinance, and providing for an eme~ency. (For full text of Ordinance, see Ordinance Rook No. 27, page 25.) #r. Dillard moved the adoption of the Ordinance, The motion mas seconded by Mr. #heeler and adopted by the f~llowiag vote: AYES: Messrs. Dillard. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O. pURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: The City Plan~lng Commission submitted the follouing report, recommending that Council accept the offer of Rt. #aury L. Strauss to donate 15 acres of land located west of Peters Creek. in Roanoke County, between Salem Turnpike and Shenandoah Avenue. to the City of Roanoke for park purposes, and negotiate for the acquisition of an additional Il acres of land located east of Peters Creek in Roanoke City for park purposes: "February 6, 1964 The Honorable Murray A. Stoller, Mayor and Members of City Council City of Roanoke, Virginia Gentlemen: In its regular meeting held on February 5. 1964. the City Plannlng Commission studied a proposal to establish a 2b-acre community park in the northwest section of the City of Roanoke. Mr. Maury L. Strauss. developer of the Wilmont Farm subdlulsion, indicated his willingness to donate to the City of Roanoke 15 acres of land located west of Peters Creek in Roanoke County and generally between Salem Turnpike and Shenandoah Avenue in order to be used for park purposes. In studying this proposal, the Planning Commission found that the proposed site had been previously identified as the general loca- tion for a community park as outlined in the long-range develop- ment plan for Parks Playgrounds and Open Spaces, issued in January lgb4. The planning Commission voiced its approval Of this project which ties n with the development program for Roanoke*s neighbor- hoods, After studying the recreation needs of the northwest community in greater detail, the Planning Commission concluded that there is an additional need for park land adjacent to the 15-acre site offered by Ur. Strauss. As shown on the attached map. the Planning Com- mission m ggests that an additional 11 acres of park land be acquired east of Peters Creek in an area which had been scheduled for subdivision development. A field survey shows that the land is flat and well drained and most suitable for the development of play areas with such features as tennis courts, softball fields, tot lots, play apparatus, etc. The Planning Commission is of the opinion that if this ll-acre area can be combined with the original 15 acres offered by Mr. Strauss that a substantial and much needed community park could be established in the northwest section of the City. The City Planning Commission therefore r~commends that City Council accept the donation by Mr. Strauss of 15 acres of land for park purposes, and, in addition, entertain efforts to acquire an additionaJ · 11 acres located east of Peters Creek on the City side. Inquiry made in regard to this project indicate that because of its location in City-County territory, it would qualify for 30~ participation of Federal funds in the acquisition of the land, Respectfully submitted, SI N. K. Seflsbach B. N. Eubank ¥fce-Chairman* 44~ After a discussion of the matter eith #r. Strauss and Mr. Meraer K. Sensbsch. Planning Director. Mr. Dillard moved that the matter be referred to u canal,tee couposed of Messrs. Benton O. Dillard. Chairman. Walter L. Young. Murray A. Stoller, Arthur S. Omens and Rex T. Mitchell. Jr.. for study, report and da,ion to Conncil. The motion mas seconded by Hr. Mheeler and unanimously adopted. REPORTS OF COMMIYYEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INYRODUCYION AND CONSIDERATION OF ORDINANCES ~ND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 15579. permanently abandoning, vacating, discontinuing and closing that TO feet of an alley running from Mautauga Street to Denniston Avenue. S. M.. parallel to Mestorer Avenue, aborting part of Lots 3 and 4, Block T, Roanoke Ghent Map. having previously been before Council for its first reading, read and laid over, ~as again before the body, Mr. Wheeler offering the following for its second Feeding and final adoption: (~1557q) AN ORDINANCE permanently abandoning, vacating, discontinuing asd closing part of a certain alley located iff the southwest section of the City of Roanoke, Virginia, in Block 7, as shown on the Roanoke Ghent Company Map, of record in the Clerkts Office of the Circuit Court of Roanoke County, Virginia, a copy of which map may be found in the Office of the City Engineer of the City of Roanoke. Virginia. (For full text of Ordinance. see Ordinance Hook NO. 27. page ID.) Mr. Mheeler moved the adoption of the Ordinance. The motion ~as seconded b7 Mr. Garland and adopted by the following rote: AYES: Messrs. Dillard. Garland, Jones, Pollard. Mheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. ZONING: Ordinance No. 15580, rezoning property located on the south side of Rorer Avenue. S. W.. between Eleventh Street and Twelfth Street, described as Lots 10 and 11, Block 29. F. Rorer Rap, Official Tax Nos. 1212907 and 1212906, 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. Br. Garland offering the folloaing for its second reading and final adoption: (~15580i AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke. 195b, in relation to Zonin9. (For full text Of Ordinance, see Ordinance Hook No. 27, page 20.i Mr; Garland moved the adoption of the Ordinance. The motion nas seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Olllard, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ................................. 7. NAYS: None ...................O. 442 ZONING: Ordinance No. 15501, rezoniag a 9.700-acre tract of land bounded on the nest by Old Country Club Road, K. ¥., ga the south by Llnuood Dead, K. and on the east by Victoria Street, N.J** Official Tax No. 2540102, froB General Residence District to Special Residence District, having previously been before Council for its first reading, read and laid over, nas again before the body, Wheeler offering the following rot its second reading and final adoption: (XlSSal) AN ORDINANCE to amend and reenact Title IV, Chapter 4. Section 1 of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Hook No. 27, page 20.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the follouing vote: AYES: Messrs. Dillard, Garland. Jones. Pollard. Wheeler, Youn9 and Mayor Stoller ........................... NAYS: None ...................O, ZONXNG: Ordinance No. 15502. rezoning property located on the west side of Patrick Henry Avenue, N. E., between Forest Hill Avenue and Kanter Road, as Lots 11-24, inclusive, Block 7, Laurel Terrace. Official Tax Nos. 3120706-3120712 inclusive, and propertty located On the east side of Byrd Avenue. N.E.. between Forest Bill Avenue and £anter Road, described as Lots 35-40, inclusive. Block ?, lLaurel Terrace, Official Tax Nos. 3120718-3120724, inclusive, from General Residence District to Light Industrial District, having previously been before Council for its first read Jag. read and laid over. was again before the body, Mr. Pollard offering the following for its second reading and final adoption: and reenact Title XVo Chapter 4, Section (=15582) AN ORDINANCE to amend of The Code of the Gity of Roanoke. 1956. in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 27. page 21.) 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, Mheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. ZONING: Ordinance No. 15583, rezoning property located on both sides of Street. described as Lots I-aA, inclusive. Block IO1, Melrose. and Lots 1-3, inclusive. Block 100, Melrose. Official Tax Nos. 2322601-2322008. inclusive, also. Lots 1-15, inclusive, Block H, Borton Point. Official Tax Nos. 2323201-2323215, inclusive. Iron General Residence District to Light Industrial District. having previously been before Council for ~ts first reading, read and laid over. was again before the body, Mr. Garland offering the following for its second reading and final adoption: (~155B3) AN ORDINANCE to amend and re-enact 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. 27, page 22.) 443 Mr'. Garland Bored the adoption of the Ordinance. The motion was seconded by Mr. #heeler and adopted by the following rote: AYES: Messrs. Dillard. Garland, Jones. Pollard, Wheeler. Young and Mayor Stoller ........................... T. NAYS: None ...................O. WATER DEPARTWENT: Council baying directed the City Attorney to prepare th proper measure providing for the purchase from Mr. J. T. Moody of a 4.64q-acre parcel of land, together with a 20-foot wide right Of way from State Secondary Route TTg to Said parcel of land and a Ia-foot wide tunnel easement from said parcel to the line of the P. C. Lee property, in Botetourt County, for a price of $4,649, in connection with the construction by the Water Department of a diversion facility On Tinker Creek, he presented same; whereupon, Mr. Mheeler offered the following emergency Ordinance: (~15594) AN ORDINANCE providing for the acquisition of approximately 4,649 of land in Ootetourt County, Virginia, and certain perpetual easements appur- tenant thereto as an addition to the CJty*s public water supply system; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27, Page 26.) Mr. Kheeler mowed 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 Mayor Stoller ................................. NAYS: None ...................O. LIBRARXES: Council having directed the City Attorney to prepare the proper" providing for the employment of Mr. J. Garry Clay as architect for the proposed Wllllamson Road Branch Libary. he presented same; whereupon, Mr. Young offered the following Resolution: (~15595) A RESOLLrflON designating the site for the Williamson Road Branch Library; authorizing the employment of an architect therefor; and continuing the committee heretofore appointed to select such site. (For full text of Resolution, see Resolution Book No. 27. page 27.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Wt. Dillard and adopted by the following vote: AYES: Messrs. Dillard. Garland. Jones, Pollard, Wheeler. Young and ~ayor Stoller ........................... T. NAYS: None ...................O. BUILDING CODE: Council at its last regular meeting having deferred action an Ordinance requiring a bond ~hen any blasting is done in the City of Roanoke and that in the event of exposure or intensity the bond be increased accordingly, the matter mas again before the body. In this connection, the C~ty Attorney presented a new draft of an Ordinance! establishing a minimum amount of $5,000 and a maximum amount of $100,000 for such bond, the exact amount thereof to be fixed by the City Manager; whereupon, Mr. Wheeler offered the following emergency Ordinance: 444 (s15596) AN ORDINANCE to amend and reordain Sec. 6, 'Blasting* of Chapter 2, 'Fire Prevention' of Title XXY. 'Fire Protection* of The Code of the City of Roanoke. 1956; and providing for an emergency. (For full text of Ordinance. see Ordinance Rook Nm. 27. page Mr. Mbeeler moved the adoption of the Ordf#aame. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: MesSrSo Dillard. Garland, Jones. Pollard. Mheeler. Young aid Mayor Stoller ...... ~ .................... ?. NAYS: None ...................O. COUNCIL:, The City Attorney submitted draft of an Ordinance amending Section 2. *Rules of procedure', of Uhapter 4. 'The Council'. of Title Il. 'Adminis- tration', of The Code of the City of Roanoke. 1956, substituting the terms mayor , and vice mayor for president and vice president, respectively, to conform to the ,City Charter; whereupon. Mr. Pollard offered the following emergenoy Ordinance: (ml$sg?) AN ORDINANCE to amend and reordain Rule 2. 'Special meetings'. !Role 4. 'Order and decorum; appointment of committees' and Rule $. '¥ice-president; duty of members to vote' of Sec. 2. 'Rules of proeedure'; repealing Sec. 3. 'Mayor and vice-president elected by council'; amending and reordaining Sec. 4. 'Powers and duties of mayor', all of Chapter 4. 'The Council' of Title II. 'Administration' of The Code of the City of Roanoke. 1956; and pr~ iding for an emergency. (For full text of Ordinance. see Ordinance Book No. 27, page 20.) Mr. Pollard moved the adoption of the Ordinance. The motion ~as seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard. Garland, Jones. Pollard. Rheeler. Young and Mayor Stoller ........................... NAYS: None ...................O. BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure filling certain vacancies in various municipal departments, he presented same; whereupon. Mr. Pollard offered the following Resolution: (=15598) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution. see Resolution Book No. 27. page 29.) Mr. Pollard moved the adoption of the Resolution. The motion mas seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard. Garland. Janes. Pollard. Mheeler. Young and Mayor Stoller ........................... 7. NAYS: None ...................O. MOTIONS AND MISCELLANEOUS RUSINESS: ZONING: Mr. Richard F. Pence. Attorney. appeared before Council and presented petitions siRned by 201 property owners, requesting that certain proper,ia in the area west Of Milliamson Road. N. M.. between Oakland Boulevard and Ravenmood Avenue. as shown on Exhibit A. be rezoned from Special Residence District to General 445 Resident District, Mr. Peace explaining that the request has been brought about by plans to erect · 4§-unit, $ostory apartment building on Cednrhu~st Avenue, N. and that mhlle the petitioners realize they may not be able to stop this particular project it is their desire to bnult the possible construction et other high rise apartments in the future since the area in question is primarily residential with small duelliugs. On motion of Mr. Nheeler, seconded by Mr. Young and unanimously adopted, the request was referred tn the City Planning Commission for Study, report and recommendation to Council. TAX£$: Mr. Young called attention to a communicatinn to the members Of Council from Mr. J. fl. Johnson, City Treasurer, pointing out that the Commissioner of the Revenue now prepares the tax bill at the time the assessment sheets are urlttcn, however, it is still necessary that the City Treasurer receive the sheets 3fid tickets daily as they are uritten in order to hare time to add. balance ·nd process the bills for mailing prior to the due date, Hr. Johnson requesting that Section 5, Chapter 10, Title II, Of Yhe Code of tbe City of Roanoke, 1955, relating to the preparation the land boob and the personal property book. be ·mended to require the Commissioner of the Revenue to keep addresses current on all addressograph plates in his office for all real estate property owners in the City of Roanoke from a list of address City Clerk APPROVED Mayor 446 COUNCIL, REGULAR MEETING, Mouday~ February 17. 1964. The Council of the City of Roanoke wet In regular meeting In the Council Chamber in the Municipal Building, Monday, February 17, 1q64, et 2 p.m.. the regular meeting hour, with Mayor Stoller presiding. PRESENT: Councilmen Benton O. Dillard, Robert A. Garland, James E. Jones. ROT R. Pollard, St** Vincent $. Wheeler and Mayor Murray A. Stoller ABSENT: Councilman Walter L. Young .................................... 1. OFFICERS PRESENT: Mr. Arthur $. On*ns, City Manager, Mr. Randolph Whittle, City Attorney, and Mr, J, Robert Thomas, City Auditor, INVOCATION: The meeting was opened with a prayer by Dr. J, L, Mann*y, President, Lutheran ~yuodo MINUTES: Copt of the minutes or the regular me*tin9 held on Monday, February 3, 1964. having been furnished each member of Council, on motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the readin9 thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: DEPARTMENT OF PUBLIC WORKS: Pursuant to notice of advertisement for bids on automobiles, station ~agous and a metropolitan bus for various municipal departments, said proposals to be received by the City Clerk until 1:30 pom., Monday, February 17, 19o4, and to be opened at 2:00 p.m., before Council, Mayor 5toiler asked if anyone had any questions about the advertisement, and no repre- sentative 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 folio*tag bids: police Department - 7 Automobiles Diamond Chevrolet Corporation - $17.235.00 Fulton Motor Company, Incorporated - 17.650.00 Magic City Motor Corporation - 17,315.00 Antrim Motors, Incorporated - 17,599,00 ~nqineerinq Department - ! Automobile Diamond Chevrolet Corporation - 2.725.00 Fulton Motor Company, Incorporated - 2.785.00 Magic City Motor Corporation - 2,725.00 Autrim Motors, Incorporated - 2.695.00 Public Assistance Department - 3 Automobiles Diamond Chevrolet Corporation - 5,320,00 Fulton Motor Company, Incorporated - 5.290.00 Magic City Motor Corporation - 5,315,00 Antrim Motors, Incorporated . - 5,475.00 Traffic £nqi~eerinq and Communications - 1 Automobile Diamond Chevrolet Corporation , - 1.900.00 Fulton Motor Company, Incorporated - 1,940.00 Magic City Motor Corporation - 1,895.00 Antrim Motors, Incorporated - 1,960.00 Street Repair Department - I Automobile Diamond Chevrolet Corporation - 1.800.00 Fulton Motor Company. Incorporated - 1.820.00 Magic City Motor Corporation - 1,795.00 Antrim Motors, Incorporated - 1,840.00 447 Juvenile Detention Hame - ! Station Maqon Diamond Chevrolet Corporation 2,520o00 Fulton' MO*OF Company, Incorporated 2,483,00 Magic City Motor Corporation - 2,49T.00 Antrlm Motors, Incorporated 2,560,00 Fire Department - I Station Maqon Diamond Chevrolet Corporation 3,215oO0 Magic City Motor Corporation 3,1q$.00 Airport - I Bm? Diamond Chevrolet Corporation - 2,475.00 Magic City Motor Corporation 2,464.47 Shackelford-Cox Track and Machinery Company 4,85404q Mr. Garland moved that the bids he referred to a committee to be appointed by the Mayor for tabulation and report to Council, the City Attorney to prepare the proper measure, or measures, accepting the proposals of the lomest responsible bidders, respectively. The motion was seconded by Hr. Jones and unanimously adopted, Mayor Stoller appointed Messrso Roy R. Pollard, Sro, Chairman, Arthur S. Omens, flu*ford B. Thompson and E. James Sayer as members of the committee, the beads of the various departments for which the vehicles are being purchased to be consulted with respect to the automotive equipment for their particular department. At this point, the City Manager verbally reported that the Purchasing Agent has advertised for bids on five truck chassis completely equipped with refuse bodies and one truck chassis completely equipped wi*ha bituminous pressure distri- butor to be Opened and read before Council at its next regular meeting on February 24, 1964, but that local truck dealers have requested that Council consider an addendum to the specifications mhich will allow only truck suppliers to submit bids on the truck chassis, or, if the city still desires to obtain bids on the truck chassis and body as a complete unit, that only the truck suppliers be allomed to bid Council being of the opinion that the trucks should be purchased on a turn-key basis, Mr. Wheeler moved that the body approve an addendum to the specifi- cations to the effect that bidders on the complete units shall supply the truck chassis through local truck dealers, it being nnderstood that the receiving and Opening Of the bids mill be postponed nntil the regular meeting of Council on March 2, 1964. The motion was seconded by Mr. Pollard and adopted, Mr. Dillard voting no. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company, transmitting a list of street lights which were installed during the month of January. 1964. was before Council. On motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted, the communication mas filed. ZONING: A comsnnication from Mr° S° P. Nackley, requesting that property located on the south side of Thurston Avenue, N. E.. between Nilkins Street and #illiamson Road, described as Lots 27-30. inclusive, Block B, Nilliamson Groves, Official Tax Nos. 3070250 and 3070251, be fez. ned from General Residence District Business District. nas before Council. 448 On motion of Mr. Jones, seconded by Mr. Garland and unnnimously adopted, the request was referred to the City Planning Commission for study, report and rccomnendation to Council. ZONING: A petition of Mr. John L. Walker, Jr** Attorney, representing th~ Safety Motor Transit Company, et al., requesting that property located on the north side of Kirk Avenue, S. E** between Tmelfth Street and Thirteenth Street, described as Lots fl-12, inclusive, Block 13, East Side Land Company, Official Tax Nos. 411070H-4110TIR. inclusive, be rem*ned from General Residence District to Light Industrial District. was before Council. On motion 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. SPECIAL PERMITS-STREETS AND ALLEYS: A communication from Mr. B. T. Edwards, Attorney, representing Messrs. Fred P. NajJum and Jo R. NajJum, requesting permission to continue an existing encroachment of 0.59 feet for a distance of 15 feet on an alley in the rear of 208 Bullitt Avenue, S. E., was before Council. The City Attorney advising that the Assistant City Attorney has verbally approved a draft of Ordinance permitting the encroachment as to form, Mr. Jones moved that Council concur in the request Of Mr. Edwards and that the following Ordinance be placed upon its first reading: (~15599) AN ORDINANGE to permit an existing encroachment On an alley pursuant to Section 15-775 of the Code of Virginia, lgSO, as amended. WHEREAS, application has been made by Fred P, Najjum and J, R. Hajjum to permit the existence of an encroachment by the northeast corner of a brick building at ROH Dullitt Avenue, S. E., encroaching on the south side of an alley for a width of 0.59 feet and extending in length 15 feet, and shicb alley terminates 65 feet west of 3rd Street, S. E., and lies between Blocks 6 and 17 of the Map of Park Land and Improvement Company. all of which is shown by a plat prepared by David Dick and Harry A. Nail, Civil Engineers and Surveyors. dated January 16, 1964, which encroachment was in existence on January 1, 1940. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the encroachment by the brick building of Fred P. Najjum and J. R. Najjum, designated* as 208 Bullitt Avenue, S. E., which encroaches on the south side of an alley for a width Of 0.59 feet and extending in length 15 feet, and which alley terminates G5 feet west of 3rd Streett S. E., and lies between Blocks 6 and 17 of the Map of Park Land and Improvement Company, as shown on the aforesaid plat, be authorized and permitted over such portion of the said alley until such building is destroyed or removed. Nothing herein contained shall be construed to relieve the owners thereof 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 ....................Oo (Mr. Young absent) 449 REPORTS OF OFFICEBS: ~DEPARTMENT OF PUBLIC MELFARE-STREET LIGDTS: Council having referred the question of more stringent safety measures for patients at the City Dome to the City Manager for study, report and recommendation, he submitted a written report, recommending the installation of five street lights in the area, the City Manager advising that the question of a fence around the property seems to him to be Impractical, bna if added locks on the doors are needed as security measures, then this could be accomplished, that he does not think any consideration could or should be given which would conflict with any existing safety code; however, some improvements cnn be made within the existing budget. Mr, Garland moved that Council concur in the recommendation of the City Mannger and offered the following Resolution authorizing the installation of the street lights: (~1560D) A RESOLUTION authorizing the installation of street lights in the area of the City Done at Cnyner Springs in Botetourt County. (For full text of Resolution, see Resolution Book No. 27, page 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, Mheeler and Mayor Stoller .................................. NAYS: None ....................O. (Mr. Young absent) PARKS AND PLAYGROUNDS-GARBAGE REROVAL: The City Manager submitted a written report, recommending that a low-water bridge be constructed across Timber Creek at an estimated cost of approximately $2,000 for materials so as to make a suitable connection between the newly established East Gate landfill with Mason Mill Road, N. E., and, in this connection, that the offer of lief Ferguson to sell their property on Mason Mill Road for $5,000 be accepted and the total sum of $7,000 appropriated; also, that the question of acquiring four houses and fifteen lots on North Avenue, N. E., be referred to a committee for study. Mr. Dillard moved that the entire matter be referred to a committee composed of Messrs. Vincent S. ~heeler, Chairman. Benton Oo Dillard and Roy Pollard, Sro, for study, report and recommendation to Council. The motion was seconded by Mr. Jones and unanimously adopted. PARKS AND PLAYGROUNDS-STATE HIGHWAYS: The City Manager submitted a written report, recommendin9 that Council purchase land from Hubert C. and Page Y. Wright and Rev~ D. Darbour. and acquire by condemnation, if necessary, property of the Virginia Iron, Coal and Coke Company, as well as seven other tracts of land, in connection with the development of the Mill Mountain-Blue Ridge Parkway Spur. Mr, Mheeler moved that Council concur in the recommendations of the City Manager and offered the following emergency Ordinance providin9 for the purchase of the two tracts of land from Hubert C. and Page V, ~right and Hera O. flarbour: zLSO (s15601) AN OROINANG£ authorizing and directing the acquisition by purchase of two (2) tracts of land, containing 24.53 acres and 31.2 acresw respectively, situate in Roanoke County, for public purposes, to-wit, the develop- ment of the Hill Hountain-Blue Ridge Parkway project; and providing for an emergencyo (For full text of Ordinance. see Ordinance Rook No. 27, page 31.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard. ~heeler nnd Mayor Stellar .... 5. NAYS: Nome ............................................................ O. (Hr. Young absent and Hr. Jones not voting) Mr. Garland then offered the following emergency Ordinance providing for the acquisition of the property of the Virginia Iron, Coal and Coke Company: (m15602) AN ORDINANCE directing the acquisition of 79,666 acres of laud situate in Roanohe County for public purposes, to-wit, the development of the Hill Mountain-Blue Midge Parkway project; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 2?, page Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. #heeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, Nheeler and Mayor Stellar .... 5. NAYS: None ............................................................ O. (Mr. Young absent and Mr. Jones not voting) Mr. Garland then moved that the followin9 Ordinance providing for the acquisition of seven other tracts of land be placed upon its first reading: (~15§03) AN ORDINANCE authorizing and directing the acquisition of seven (?) tracts of land for public purposes, to-wit, the development of the Mill MouutaiE Blue Ridge Parkway proje~to WHEREAS, all of the property hereinafter described is needed and wanted by the City for public use in connection with the development of the City*s Mill Mountain-Blue Ridge Parkway project, in connection with which said properties are required for the construction of certain public roads and road rights of way and public park and recreational areas within the boundary of the aforesaid project as the plans for said project have been developed by the Girl and approved by the Commonwealth of Virginians State Highway Department and by the United States Government*s National Park Service; and WHEREAS, the City. has heretofore caused an appraisal to be made of the fair market value of each of the propertle.s herein directed to be, acquired and, on the basis of said appraisal and of all of the information available to the Council and upon the recommendation of the City Manager the Council is agreeable and desirous that the City acquire said properties by purchase, if possible, from their respective owners, for the purchase prices hereinafter authorized to be offered and paid for each said property, but deems it necessary and essential to the public 451 interest to direct that condemnation proceedings be brought by the City to acqalre for the City, In fee simple, such of those prope'rties hereinafter described as the City is unable to acquire by purchase from their present owners for the respective prices hereinafter authorized to be paid for the same; and RR£REAS. the Council deems it essential to the public interest that all of the following described properties, aggregating 1,060.69 acres of land as the same are shown on the plans hereinafter mentioned, be immediately acquired by the City. in fee simple, for use as public roads and Fond rights of may, park and recreational purposes in connection with the development of the Rill Mountain-Rime Ridge Parkway project. THEREFORE, D£ IT ORDAINED by the Council of the City of Roanoke that the City Manager, acting for and on behalf of the City, forthwith offer to acquire by purchase from the following named landowners, or the true and lawful owners of the land hereinafter described, for the cash purchase prices set out opposite each of land. the following desc.ribed seven (7) tracts of land containing, in the aggregate, 1,068.6g acres of land and more particularly described as follows, to-wit a. That certain 104.80 acre tract of land situate in Roanoke County, owned by CLARA E. BUCK, shown and designated as Parcels "D# and "007# on Plan Nos, 4716-D and 4716-9, respectively, prepared in the office of the City Engineer, copies of ~hich are on file in the office of the City Clerk, for a consideration of $13.1OO, cash. payable upon delivery of a proper deed of conveyance as hereinafter provided; b. That certain 70.90 acre tract of land situate in Roanoke County, owned by J. F, WERB. shown and designated as Parcels "E" and "008" on Plan Nos. 4716-£ and 4716-8, respectively, prepared and filed as aforesaid, for a consideration of $11,173, cash, payable as aforesaid; co That certain 138o10 acre tract of land situate mainly in Roanoke County and partly in the City of Roanoke, owned by the heirs or devisees of FRANK $. COOPER, DECEASED, and shown and designated as Parcels "B" and "B-l" on Plan No. 4716-B and Parcels "010" and "O01"on Plan No. 4716-5, respectively, prepared and filed as aforesaid, for a con- sideration of $67.220, cash, payable as aforesaid; d. That certain 38.50 acre tract of land situate mainly in Roanoke County and partly in the City of Roanoke. owned by the heirs or devisees of C. R. MILLIAMS, DECEASED, and shown and designated as Parcel "Aw on Plan No° 4716-A and Parcels "011" and "006" on Plan No, 4716-6, respectively, prepared and filed as aforesaid, for a consideration of $19,250, cash, payable as aforesaid; e. That certain 394,60 acre tract of land situate in the City of Roanoke, owned by Mill Mountain Estates Corporation, shown and designated as Parcels #Y# and "005" on Plans No. 4716-¥ and 4716-1A, respectively, prepared and filed as aforesaid, for a consideration of $92,035, cash, payable as aforesaid; f. That certain 295,16 acre tract of land situate in Roanoke County on Yellow Mountain. owned by B, Cletus Broyles and ¥ivian A, Broyle~, shown and designated as Parcels 'P# and #P-l' on Plan No. 4716-P, and Parcel #003" on Plan No. 4716-17, respectively, prepared and filed as aforesaid, for a consideration of $11,539, cash, upon award of such sum to said owners and transfer of title thereto to the City by a court of competent jurisdiction in the premises because of the limitations contained in Sec. 61 of the Roanoke Charter of 1952; and go That certain 26o61 acre tract of land situate in Roanoke County. owned by I, N, Bush. shown and designated as Parcel *Xw on Plan No. 4716-X, prepared and filed as aforesaid, for a consideration of $2,000, cash, payable as aforesaid; 452 · nd, ·pon tender nod delivery to theciU d · good ned sufficient convey·ucc, i· fee simple, containing general warranty and modern english covenants of title, of any one Or more or the above-described tracts of land. by the respective onner or owners thereof, approved as to form and execution by the City Attorney, the proper City officials shall be end are hereby authorized and directed, ·pon said City Att*mayas certification or title to such property, to issue and deliver to the ortner of the tract of land so conveyed the Cityts check In payment of the purchase price herein·bore authorized to be paid for the property thereby acqnired by the City; all such deeds of conveyance thereafter to be forthwith recorded in the prope clerkts office or offices. R£ IT FDRTR£R ORDAINZD that should the City be ·noble to reach agreement with the owner or owners of the aforesaid properties respecting the purchase of the same upon the terms herein authorized to be made, or should the City be ·noble to acquire any such property by purchase because of any other reason set out in §25-46.5 of the 1950 Code of Virginia. as amended, then, and in such instance, the City Attorney shall be and is hereby authorized and directed to Institute and conduct in the appropriate court or courts condemnation proceedings to acquire for and in the name of the City all of the above-described properties which cannot be acquired by purchase upon the terms bereinabove set forth, to the end that the development of the entire aforesaid project be not unduly delayed. The motion nas seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Pollard, Mheeler and Mayor St.lieF .............. NAYS: Mr. Dillard ......................................................1. (Mr. Young absent and Mr. Jones not voting) MATER DEPARYMENT: The City Manager submitted a written report, trans- mitting a communication from Mr. Guy L. Gearhart. Town Manager of Vlnton, Virginia, advising that 41 residences in the area annexed by the Town of ¥intnn on January 1, 1964, are being furnished water by the City of Roanoke Rater Department and until the Town of Vinton is able to install water mains and services they will have to continue to be served by the City of Roanoke Mater Department, that there are in the City of Roanoke 28 residences being furnished water by the Town of Vinton Mater Department at Town of Vinton rates, Mr. Gearhart requesting that the new Vinton residents be billed by the city at rates that apply within the City Of Roanoke since the Town of Vinton has accorded the city residents this courtesy by billing them at Town of Vinton rates, the City Manager pointing out that to grant the request of the 453 Mr.-Jones then moved that the City Manager be directed'to ascertain whether or not the 28 residences in the City of Roanoke now being furnished water by the Town or Vlnten can be served by the city and whether or not the houses in question have water meters. The motion was seconded by Mr. Garland and unanimously adopted. SENERS AND STORM DRAIM$~ The City Manager submitted a written report, recommending that a study be made of necessary betterments to the sewer system in the City of Roanoke at an estimated cost of $18,O00. #re Jones moved that the matter be referred back to the City Manager to determine whether or not the study can be made by city forces and to obtain a proposal from Hayes, Seay, Matt*Fa and Matt*Fa, Architects and £ngineers. for such a survey. The motion was seconded by Mr. Garland and unanimously adopted. BUDGET-PAY PLAM: Council having previously deferred action on a recom- mendation of the City Manager that the positions of Deputy Clerk and Probation Officer at. the Juvenile and Domestic Relations Court be filled, the City Manager submitted a written report, again recommending that the twovacancies be filled. Mr. Garland 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 Rt. Jones and adopted, Mr. Dillard PARKS AMD PLAYGROUMHS-GARHAG£ REMOVAL: Council havin9 referred to the City Manager for study, report and recomuendatJon a request Of members of the Sanitation Department that they be permitted work eight hours per day under a forty-hour work week rather than under the task system, he submitted a written report, advising that at a meeting with representatives Of the employees on to iron out any mlsundeFstandingt and another meeting held on March 13, 1964, to discuss the program, Mr. Dillard moved that the matter be carried orer until the regular me*tin9 of Council on March 23, 19640 The motion was seconded by Mr. Jones and unanimously adopted, With further reference to the tash system, the City Manager submitted a written report, advising that one of the major complaints of the employees under the task system is that when they are called back to work on Saturday orer and above their normalwork week they are paid straight time instead of time and one- half, which condition usually exists after a heavy snow or after a holiday on whlch the men are off, the City Manager recommending that the Ordinance creating the task system be amended to permit time and one-half for employees in the task system when they have exceeded their normal forty hours of work. After a discussion of the matter, there being some question as to whether or not the overtime should apply for each day*s work or on the overall basis of a forty-hour work week, Mr. Jones moved that the matter be referred to a committee 454 composed cr Messrs, Arthur So Omens, Chairman, Randolph Go Whittle, J,.Robert Thomas and H, Cletua Henries for stodyt report and recommendation to Council, The motion was seconded by Mr, Dillard and unanimously adopted, REPORTS OF COMMITTEES: FIRE DEPARTMENT: The majority of the commission created to investigate thedischergiog of Mr° Hallace M. Mattox from the Fire Department submitted the following report: *January 30, 1964 Honorable Murray An Stoller, Mayor Members Roanoke City Council Roanoke, Virginia Gentlemen: Your Commission appointed under Resolution of the Roanoke City Council No. 15572 under date of January 20, 1964, pursuant to Sec. 22 of the Roanoke City Council, was convened and organized with all members present on Monday, January 27, 1964t at 2:30 P. M. in Room 112 (Civil Defense Room} in the M~niclpal Building of the City of Roanoke. The meetin5 Of your Commission, mhlch mas open to the public and the press, mas opened with prayer. Honorable Earl A. Fitzpatrick was elected chairman of the Gum- mission, Honorable Roy Webber was elected Vice-Chairman and S, W, Hrizendine was elected Secretary. Under Resolution No. 15572 dated January 20. 1964, the Commission was directed *to make a complete investigation of the discharging of Mr. Wallace M. Mattox from the Roanoke City Fire Department and, upon completion of such investigation, to report its findings tO this Council** There was a division Of opinion in the Commission as to what constituted a full and complete investigation of the discharging of Mr. Wallace M. Mattox from the Roanoke City Fire Department. Upon consideration,of the provisions of Section 20 of the City Charter which states *The City Manager shall be the Adminis- trative head of the Municipal Government* and the provisions of Subsection *H* of Section 21 Of the City Charter which provides *Subject to the limitations contained in section 7 of this Charter and except as otherwise provided in this Charter, to appoint such city officers and employees as the council shall determine are necessary for the proper administration of the affairs of the city, with the power to discipline and remove any snch officer and employee, but he shall report each appoint- ment and removal to the council at the next meeting thereof following any such appointment or removal** and the provisions of Section 7, mhich reads as follows: *Limitations of the powers of the council. Neither the mayor* the council, nor any cf its members, shall dictate, urge or suggest the appoint- ment of any person to office or employment by the city manager, or in any manner interfere with the city manager, or prevent him from exercising his own judgment in the appointment of officers or employees in the administrative service; provided, however, that any appointments of department heads by the city manager shall be snbject to confirmation by a majority of the members of the council. Except for the purpose of inquiry, the mayor, the council and its members shall deal with the administrative service solely through the city manager, and neither the mayor, the council, nor any member thereof, shall give .orders to any of the subordinates of the city manager either publicly or privately** it was the opinion of the majority of the Commission that hiring and firing of city officers and employees was a matter solely in the discretion of the City Manager under the pro- visions of the Charter and that the only proper and legal investigation the Commission could make would be to determine whether or not the discharging of Mr. Mattox from the. Roanoke City Fire Department had been done by th· City Manager in accordance with the applicable provisions of the City Charter and the Rules of Governing the Fire Department. 455 The majority of the Commission composed of D, M, DeShields, Jr** Richard T, Ednards, Earl A, Fitzpatrich and Roy L. Robber, hereby .submit the majority report of the Commission end give its conclusions, It is felt by the majority that the conclusions of the majority can he best made by a chronological report of the record mbicb is ns folloms, and filed hereuith: Council Meetings Exhibit A Mm,tax Statement Exhibit B Yaughan Letter Exhibit C Acting City Manager*s reply Exhibit D Hearing Oefore City Manager Exhibit E City Manager°s letter to Mr. Mm,tax Exhibit F Report of City Manager to Council Exhibit G Males of Fire Dept. Not Included The opinion of the majority is expressed in the following motion which was made, seconded and adopted by n vote Of four (4) for and three (3) against: 'The duly appointed commission has examined the record pertaining to the dismissal of Rallace M. Mm,tax, and feels that Mr. Ha,tax mas dismissed in accordance with the rules and regulations of the Roanoke Fire Department and the Charter of the City Those members of the commission voting against the motion were granted the privilege of submitting dissenting reports, where- upon the meeting adjourned. Since this Commission was not requested under Resolution No. 15572 of January 20, lq64, to make any recommendations, but to report only its findings this majority of the Commission feels that it has complied with the provisions of the resolution and requests that it be forthwith discharged from any further con- sideration of the matter. Respectfully submitted, S/ D, M. Deshields, Jr. S/ Earl A. Fitzpatrick S/ Richard T. Edwards S! Roy L. ~ebber' Messrs. John L. Thompson and Sydnor ~. Brizendine, Jr.. submitted the following minority report: 'A MINORITY REPORT OF THE COMMISSION CREATED BY CITY COUNCIL IN ITS RESOLUTION NO. 15572, DAYED JANUARY 20, 1964, TO INVESTIGATE YHE DISCHARGE OF MR. NALLACE Mo MATTOX FROM THE ROANOKE CiTY FIRE DEPARTMENT ~e, the undersigned members of the commission appointed by City Council to make a full and complete investigation of the dis- charging of Mr. ~allace M. Mm,tax from Roanoke City Fire Department, have not been able to function in accordance with the City Gouncilts Resolution, since the majority of the commission prevented the minority from making a full and complete investigation of this affair. Ne were under the impression that a gentlemen*s agreement had been entered into by all members Of the commission and that we would first review ~hat had already taken place and then proceed with the investigation. However, the Chairmant Mr. Fitzpatrick, did most of the talking, read the entire file provided by the City Manager and City Clerk for the benefit of the commission, and then entertained a motion to report to the Council the commission had completed its investigation. Prior to this, he also stated that before he mould go one step further, he wo~ld resign from the commission. The minority members of this com- mission deplore the tactics employed by the Chairman and the majority members and feel we have not carried out the instructions of the City Council in reference to this affair, but have only reviewed what Has already well known to everyone interested in 4-56 this affair, as a result of the publicity given this case Jo the hems media, radio, and TV. Actually. me nude no investigation, talked to none of the principals Involved, heard from no Uituesses, and in effect could not function as an investigating ccmmissloashce it appeared that the matter uus already Cut and dried prior to our ever attending the first session. Me sincerely feel that · decision should not have been made in reference to this case or a report given Council until a full and Complete investigation had been made as outlined in the Resolution creating this commission. Respectfully submitted. S/ John L. Thoapson John L. Thompson 5/ Sydnor R. flrfzendine, Jr. Mr. S. S. Cuerrant, Jr., submitted the folloulng minority report: · Minority Report Roanoke is a great city. Me should all work together to keep it great. The time bas now come for us to call on Almighty God to guide us in straightening Out the Mattox affair. There are many groups - many factions -Jn the city of Roanoke, (Scriptural references) In going nfter the information in this case° I have visited with Mr. Yaughan Mr. Mattox Mr. Kingery The South Roan.he Fire Station Many people have stopped me on the street and talked with me. Mayor 5toiler promised Mattox a referendum if he got necessary signatures, Council directed the City Attorney to draw the resolution, Council rejected the resolution, TV encouraged Mattox into making statements he should not have made, He. is penitent, Yet the constitution of the United States provides for freedom of speech. We in this county are not slaves or serfs, We can speak our mind. Chief Yaughan - A Christian gentleman did his duty - as he SaW it, Technically he was right. City Manager, Owens had no choice except that of hacking up his department head. We have here a bad situation, The battle is not between Mr, Vaughan and Mr. Mattox but between Management and labor. Personally I can not be proud of ny place on the Mattox Commission nntil we have had certain people and certain records appear before us. Mr, Mattox Mr, Vaughan Mr. Kingery Mr. ~ughesoa Mr, Owens Mr. Thomas The Capt. of 5. R, Fare Station The Mattox personnel file The Secretary of the Chamber of Commerce The President of the Chamber of Commerce ! hope,that me may all ~ork together and that something good for the City of Roan.he will come out of this. 5/ Sounders Guerrant 5auuders Ouerrant* 457 In a discussion of the matter, Mr. Brlzendlne appeared before Council and emphasized statements made in his minority report, Mr. Orlzendlne voicing' the opinion that the commission merely held a review and made no Investigation whatever Mr. Guerrant appeared before Council and emphasized tha~ be feels the commission should have studied the personnel file of Mr. #att*x. questioned the people listed in bis report and employed .a court reporter to take down everything that was said for transmission to Council. NFo Arthur Do Crush, Jr** Attorney, representing Mr. Matt*x, appeared before Council, stating that his purpose in requesting the investigation was to determine whether or not the treatment Mr. Mattox received was in line with past treatment of other city employees and he does not feel the purpose of his request has been carried out. Mr. Estes V. Riffe stated that he sat in on one of the meetings of the comuission and as far as he could observe no investigation was made, Mr. Rifle voicing the opinion that the scales of justice are not being equally applied and that a full investigation should have been made as to what type of justice was done in the case of Mr. Mattox. Mr. Dillard stated he is very disappointed that Council would appoint a commission which would refuse to do what the Resolution creating the commission called for, that in his opinion the majority of the commission turned out to be collectors of exhibits, that he thinks Mr. Mattox was done the greatest possible injustice. In reply to a question of the City Manager by Mr. Garland as to whether or not his position with regard to the fi~ing of Mr. Mattox is still the same, the City Manager answered in the affirmative. Mr. Garland stated that Council asked for an investigation, that it has not gotten one, that he would like very much to have had a full and c~mplete investigation as requested in the Resolution creating the commission and he does not feel members of the commission should have accepted appointment if they did not intend to make a full and complete investigation. Mr. Ralph H, Mottesheard pointed out that a number of citizens in the county and the Town of Salem are upset over the firing of Mr. Mattox, as well as the citizens of Roanoke, and that he has not heard of any citizen protesting against the reinstatement of Mr. Mattox. Mr. Jones stated he is sorry the whole thing happened, but questioned mhether or not Council has any authority in the matter. Mayor St*lief stated he do~s not think Council can go any further under present law and in view of the stand of the majorit~ of the commission Council has no alternative but to dismiss the commission. M:. Pollard moved thai the majority and minority reports Of the commission be received and filed. The motion was seconded by Mr. Wheeler and unanimously adopted. Hr. Rheeler'thei moved that the Git! Attorneybe directed to prepare the proper measure expressing the appreciation of Couooll for the services rendered by the commission, The motion mas seconded by Mr, Pollard and unanimously adopted. AUDITS-SCHOOLS: A committee composed of Hessrs, Roy R, Pollard, Chalrmano Benton O. Dillard and Murray A, Stoller submitted u written report, transmitting a report of the City Auditor, together with copies of audit reports of nine additional internal school accounts for the year ended June 30, 1963. On motion of RF. Pollard, seconded by Hr. #heeler and unanimously adopted the report mas filed, Pith further reference to auditing school accounts, the committee submitted the following report on the audit of the Roanoke City Public Schools Grant Fund: "February 12, 1964 The Council of the City of Roanoke Roanoke, Virginia Gentlemen: Transmitted herewith is the report of the City Auditor on the audit of the Roanoke City Public Schools Grant Fund, Me hare studied this report, approved it, and formard it to you for your lnforeation. A proper accounting has been made for the funds and the balance as shown on the report is intact in the bank account. You will note from the Auditor*s report and the attached opinion from the City Attorney that this fund should have been deposited with the City Treasurer and handled as are other public school funds. We recommend that the Council, by resolution, instruct the School Board to deposit the remainder Of these funds with the City Treasurer, the Council to subsequently appropriate the funds to the School Board account so that it may be expended in accordance with the law. In order that the remainder of the fund may be put to its proper use as rapidly as possible, we have prepared and submit to you for your consideration a resolution which would carry Out this recommendation. Respectfully submitted, $/ Roy R. Pollard, ST, Roy R. Pollard, Chairman $/ Benton O. Dillard Benton O, Dillard S/ Murray A. Stoller Murray A. Stoller" Hr. Pollard moved that Council concur in the recommendation of the committee and offered the following Resolution: (=15604) A RESOLUTION instructin9 the Roanoke City School Board to deposit the unexpended funds to the account of Roanoke City Public Schools Grant Fund with the Glty Treasurer. (For full text of Resolution, see Resolution Book No. 27, page 33,) 459 Hr. Pollard moved the adoption of the Resolution. The motion was secondec by Hr, Dillard and adopted by the following vote: AYES: Yes*rs. Dillard, Garland, Jones. Pollard, Mheeler and Rayor Stoller .................................. NAYS: None ....? ............... 0, (Mr. Young absent) PARKS AND PLAYGROUNOS: The committee appointed to study the question of lwprovlng Rockledge Inn atop Rill Mountain and leasing the Inn for use as a summer theater by a professional theatrical group located at Saranac Lake, N. Y., presented the following report: #HONORABLK MAYOR · and MEMBERS OF COUNCIL A meeting of the Committee appointed by City Council at Its regular meeting on Monday, February 10, 1964, was called by Ralter L. Young, Chairman, for 2:30 p.m., Thursday, February 13, 1964. The following members were present: Ralter L. Young James E. Jones J. Thomas Engleby, III Arthur $. Owens E. James Sayer Absent: Edward A. Langley The Committee voted unanimously to recommend that Council do the following with respect to the Rockledge Inn property on Mill Mountain for the purpose of complying with the request of the Rockledge Inn Improvement Fund Committee to convert said property for use of a summer theatre group: (1) The City of Roanoke would spend a sum, estimated at $7,000.00, to improve the Rockledge Inn property. The City ~ould receive the sum of $7,000.00 in cash from the citizens of the City of Roanoke, acquired through the Rookledge Inn Improvement Fund Committee, and use it for the improvements. Regardless of the actual cost of the following improvements, the City would make them: 1. Fire Escapes - 2 ~ $250 $ 500.00 2. 2 Fire Escape Doors ~ $100 each and 2 Fire Doors ~ $75 each 350.00 3. I Partition and Door to separate living quarters from theatre 250.00 4. 12 Self-contained Fire Alarms R $40 each 480.00 5. 2 Shower Baths, complete with piping 350.00 6. 220 Seats · $1.00 each and 144 Seats @ $?.00 each 1,228.00 ?. New roof on half of the area - 20 squares @ $35 700.00 8. Outside Painting 400°00 9. Inside Painting 300.00 10o Raised floor under seats and stage 800.00 11. Lights and wirin9 in rooms and halls 300.00 12. Lights for stage area 1,500.00 13. Flameproof ~urtains at lower floor doors and windows 300.00 14. I Fire Extinguisher lO0. O0 15. 4 Double and 3 Single Doors changed to open outward 250.00 16. Lighting to denote Exits 100.00 17. 3 Steel Girders 0 SgO each 270.00 18. Placing 3 steel girders and removing 3 columns 180,00 Total $8,358.00 Less items 7, 8 and 9, to be paid for by the City 1,400,00 Total $6,958.00 46O Although. the total estimated cost of performing the shove amounts to $8,3~8,00f $1,400o00 thereof is for improvements to roof and painting, ns Indicated la Items ?, 8 and 9, The Committee feels that this expense should be borne by the City and this portion or the morh done regard- less of use by the theatre group, In the event these changes are made at m cost of Jess than $?,000,00, exclusive of items ? through 9, the City should agree to reserve such amount not expended for future improvements to the Rochledge Inn building or for subsequent Improvements as may he requested in the future by the Rockledge Inn Improvement Fund Committee or its successors, In the event the entire $?,000000 is expended for the above improvements and there remains additional improvements to be made that are not now contemplated, or material to be purchased, to convert Rochledge Inn to a summer theatre, then the City is under no obligation whatsoever to make such improvements, and such improvements shall be mode, if at all made, either by additional funds raised by the Committee or by the theatre group. It will be understood that the value of seats given the City by To,ers Shopping Center Merchonts Association Is not considered in computing the $7.000.00 figure hereinobove set forth. (2) The City should lease the premises to the theatre group for a period of five (5) years on a year-to-year basis at a rental equal to 5~ of the gross ticket sales each year. Such rental shall be at least $500.00 per annum and not more than $1,500.00 per annum. The term of lease during each year shall be from the 1st day of May to the 15th day of September. (3) Yhe theatre group shall be required to furnish the City with insurance which will indemnify the City from any loss or damages Occurring by virtue of the fact that such theatre group is in possession of the property. (4) The City should maintain the exterior of the building and the theatre group shall agree to maintain the interior and to return the property to the City in the same condition that it found it, subject to normal wear and tear. .The City will pay for utilities during the time of lease. (5) The lease shall stipulate that all improvements made pursuant to paragraph numbered (11 shall belong to the City, including, but not limited to, all personal property such as seats, permanent alterations, lights, curtains, etc. (6) This lease should be subject to any agreement now existing or which shall be hereafter entered into between the Citl and the Parks Department of the United States Government; and further conditional on the lessee of the City using the property as a theatre and residence for their employees in such a manner as will favorably reflect on the City. $/ Walter Lf Younq Walter L. Young, Chairman S/ James E, Jones James £. Jones S/ J. Thomas Enqleb~, III J, Thomas Engleby, III S/ Arthur S. Owens Arthur S. Owens S/E. James Sayer ' E. James Sayer Absent but concurring ia the Report: S/ Edward A. Lan~le~ , Edward A. Langley# In this connection. Mr. Janes verbally reported that pledges have now exceeded $7,000 and that the money will be turned over to the city within sixty days. 461 After n ~lscusslon of the recommendations of the committee. Council being of the opinion that the maximum rental of $1,300 per annum.should be omitted from the proposed lease and that a provision that the city will furnish the water mhlle the cost of other utilities shall be borne by t~ lessee should he included in said lease. Mr. Jones moved that Council concur in the recommendations of the committee. with these two exceptions, and that the mutter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Wheeler and unanimously adopted. MFo Jones then offered the follnning emergency Ordinance appropriating $1.400 to Cover the installation of a new root on one-half of Rockledge Inn and od,side and inside painting. (z13603) AN ORDINANCE to amend and reordain Section #88, #Baintenance of City Property," of the 1964 Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book No, 27, page 34.} Mr, Jones moved the adoption of the Ordinance, The motion was seconded by Mr, Dillard and adopted by the following vote: AYES: Nessrs. Dillard, Garland, Jones, Pollard, Wheeler and Payor Stoller .................................. NAYS: None ....................O. (Nv. Young absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. IN~EOBUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDBET-NUNICIPAL BUILDING: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to advertise for bids on air conditioning the remaining offices in the Municipal Building. he presented same; whereupon, Mr. Pollard offered the following Resolution: (~13606) A RESOLUTION authorizing the City Manager to advertise for bids for installing air-conditioning equipment in the Municipal Building. (For full text of Resolution, see Resolution Book No. 27, page 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, Nheeler and Mayor Stoller .................................. NAYS: None ....................O. (Mr. Young absent) SEWERS AND STORM BRAINS-STATE HIGHWAYS: Council having directed the City Attorney to prepare the proper measure amending the contract between the City of Roanoke and the Virginia Department of Highways dated the 25th day of June, 1963, mlth reference to changing the sanitary sewer system for that segment of the Interstate 581 Spur project from Sycamore Avenue, N. E., to a point in the vicinity of Malker Avenue. N. E., to increase the net cost to the city from $3,304.21 to $5,336.00. and requesting the Virginia Department of Hlghuays to review the size of the storm drain presently provided for in the contract for the project since the City of Roanoke is of the opinion the 24-inch drain pipe is too small, he presented same; mhereupon, Mr. Pollard offered the following Besolution: 462 (n15607) A RESOLUTION cooditouoll! concurring in the cuurd by the Couonneolth of Virginia, Department of Hlghwayst of n contract to J. Mo Yarner and Company, Inc** for the construction of that portion of Route 581 in the City of Roanoke sometimes described as ProJect 0581-128~070,C-504; and requesting said department to make a further survey of the size of the surface water drain to be constructed at Station 310 + 15, (For full text of Resolution, see Resolution Dunk No. 21, page 35,) Mr, Pollard moved the adoption of the Resolution, The notion was seconded by Mr, Mheeler and adopted by the following vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller .................................. NAYS: None ....................O, (Mr. Young absent) BUDGET-PAY PLAN; Council having directed the City Attorney to prepare the proper measure authorizing vacancies in various municipal departments to be filled, he presented same; whereupon, Rr, Garland offered the following Resolution: (g15608) A RESOLUTION aatborlzlng the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 27, page 37.) Mr. Garland moved the adoption of the Resolution. The ~otlon was seconded by Mr. Pollard and adopted by the following vote: AYESt Messrs. Dillard, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................. NAYS: None ....................On (Mr. Young absent) STATE HIGHWAYS: Council having directed the City Attorney to prepare the proper measure accepting the offer of the Magic City Motor Corporation to donate a strip of land from its property located on the east side of Nilliamson Road in the Commonwealth Redevelopment Project area in exchange for an opening in the existing median strip to provide southbound traffic an entrance to its property, he presented same. In this connection, Council having directed the City Manager to prepare an estimate of the cost of carryon9 out the proposal of the Magic City Motor Corporation, the City Manager advised that he has not had time to prepare the estimate. After a discussion of the matter, Hr. Jones voicing the opinion that action on the Ordinance should be deferred until the cost estimate is available and again protesting that opening the median strip #ill create a traffic hazard and cause traffic congestion, also. that it will establish a precedent for other businesses in the area to request openings in the median strip, Mr. Nheeler moved that the following Ordinance be placed upon its first reading; (=15609) AN ORDINANCE accepting a conveyance by Magic City Motor Corporation of a strip Of real estate off said corporation*s property on the east side of Mllliamson Road in the Commonwealth Redevelopment Project in exchange for the Cltyts altering an existing median strip so that southbound traffic on lillianson Road may enter the corporationts service department. .463 RREflRAS, Magic City Motor Corporation bas offered to convey n strip of land from the front of Its real estate situate on the east side of Mllllumson Road in the Commonwealth Redevelopment Project In exchange for an opening In the median strip so that southbound traffic on Milliamson Road say enter said corpora,loots service department, which offer this Council is of the opinion should be accepted, TD£R£FORE. RE IT ORDAIRED by the Council of the City of Roanoke as follows: 1. That Se afar of M~lc City Motor Corporation tO grant and convey unto the City a strip of land mostly 12 feet in width tapering to zero at the north end south ends and lying between Stations 11 + ?? to 17 + 05. substantially as shown aa City Engineer Plan No. 4239-A. dated January 29, 1964. and on file in the office of the aforesaid City Engineer. 2. That. upon being informed by theCity Attorney that said City Attorney has caused to be admitted to record in the Clerk°s office Of the Bustings Court for the City Of Roanoke a properly executed deed containing general warranty and modern english covenants of title pursuant to which Magic City Motor Corporatto~ conveyed the unencumbered fee simple title to the above-described strip of real estate unto the City of Roanoke. the City Manager shall, with'reasonable dispatch. cause the median strip presently existing in Williamson Road in front of the aforesaid Motor Corporation*s real estate to be cut so that southbound traffic on Williamson Road may enter the service department of said Motor Corporation presently being constructed on the residue Of its said real estate and othermise alter the said Williamson Road substantially as shown on the aforesaid plan and at the entire cost to ~he City ~f Roanoke. The motion Mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs, Dillard, Garland, Pollard and Wheeler ....................4. NAYS: Mr. Jones and Mayor Stoller .....~ ................................ 2. (Mr, Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: TMAFFIC: Mr. Dillard brought to the attention of Council a proposal of Mr. J. D. Sink. Superintendent Of Traffic Engineering and CommuoJcations. to install a push button traffic signal system for pedestrians at the intersection of Church Avenue and Fifth Street. $. W.. Mr. Dillard protesting that excessive use of the push button by students at Jefferson High School will cause traffic congestion. In this conn~ti~. M~ Sin~ at,eared before Council. advising that the estimated cost of changing the traffic signal is $490 and outlining reasons as to why the c~ange in the traffic signal system at this intersection is needed. After a discussion Of the matter, it ~eing pointed Out that actuation of the' walR signals can be done by time clock. Mr. Garland moved that t~e City Manager be directed to proceed with the ~hange in the traffic signal system. The motion Mas seconded by Mr. Pollard and adopted. Mr. Dillard voting no. 464 LEGISLATION-SCHOOLS: #r. Nkeeler stated thnt Senator ¥1111nm B. Hopkins but introduced a bill in the General Assembly which would upgrade the University of Virginia Extension and the Roanoke Technical Institute so that students at these schools mould receive more cbllege credits for courses and that he feels Council should Support the bill, Mr. Nheeler offering the following Resolution: (elSGlO) A RRSOLOTIOH commending Senator #illiam B, Hopkins on the position he has taken, calling for · prompt atudl of the educational needs, on the college level, of the Roanoke Valley. (For full text of Resolution. see Resolution Book No. 27. page Hr. Nheeler moved the adoption of the Resolution. The mot/on nas bi Hr. Jones and adopted ~y the'following vote: AYES: Ressrs. Dillard, Garland, Jones, Pollard, Mheeler and Mayor Stellar .................................. NAYS: None ....................O. (Mr. Young absent) BUBGET-SNON RENOVAL: The City Manager submitted a verbal report, advising that the overtime pay account is overdrawn due to recent snows, and recommended that $13.000 be appropriated to this account. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#15611) AN ORDINANCE to amend and renrdain Section ~165, "Overtime Pay and SalarI and Name Adjustments Under Job Classification Plan.~ of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Bock No. 2?° page Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Hessr$. Garland, Jones, Pollard, wheeler and Mayor Stoller ......5, NAYS: Mr. Dillard .....................................................1. (Mr, Young absent) LEGISLATION-ASSESSMENT OF PROPERTY: Council having asked the local representatives in the General Assembly to sponsor a bill enacting the appropriate legislation permitting the Council of the City of Roanoke to provide for the annual assessment of real estate for taxation if it so desires, and having requested that it be furnished with a copy of the proposed bill, Mr, Jones pointed out that the bill provides that the annual assessments shall be completed by the assessor by the 31st day of December of the iear in which they are made which would make it impossible for the body to arrive at an appropriate tax rate for the ensuing year, Mr, Jones moving that the date in the proposed bill be changed from December 31st to August 31st. The motion was seconded bi Mr. hheeler and unanimously adopted. On motion of Mr. Dillard, seconded by Mr. Garland and unanimonsll adopted the meeting was adjourned, ATTEST: .-~ , ? : t City Clerk A Plum OYED 465 COUNCIL, REGULAR MEETING, Monday, February 24, 1964, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, February 24, 1964, at 2 pom** the regular meeting hour, with Mayor Stoller presiding. PRESENT: Councilmen Benton O, Dillard, Robert A, Garland, James E. Jones Roy R, Pollard, Sr,, Vincent S, Wheeler, Malter L, Young and Mayor Murray A. Stoller ................................ ABSENT: None ................O. OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr. Randolph Whittle, City Attorney, and Mr. J, Robert Thomas, City Auditor, INVOCATION: The meeting was opened with a prayer by the Reverend J. McHenry, Pastor, Melrose Christian Church. MINUTES: Copy Of the minutes Of the regular meeting held on Monday, February 10, 1964, having been furnished each member of Council, on motion of Mr. Wheeler, seconded by Mr. Jones and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NATER DEPARTMENT: Pursuant to notice of advertisement for bids on a platform dump truck for the Water Department, said proposals to be received by the City Clerk until 1:30 p.m., Monday. February 24, 1964, and to be opened at 2:00 p,m., before Council, Mayor Stoller asked 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: Diamond Chevrolet Corporation - $ Shackelford-Cox TruCk 6 Machinery Co, - 4,9~1.00 Magic City Motor Corporation 4,999.00 Antrim Motors, Incorporation - ( 5,894.54 (Garwood hoist and bud ( 5,220.00 (Day Br~k hoistand bud Mr. Dillard moved that the bids be referred to a committee to be appoint, 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. Garland and unanimously adopted. Mayor Stoller appointed Messrs. Roy R. Pollard, Sr., Chairman, Arthur $. O~ens, Raymond E. Pillow and 8ueford B. Thompson as members of the committee, SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids on drilling drainage wells.at various locations in the Williamson Road area, said proposals to be received by the City Clerk until 1:30 p.m., Monday, February 2d, 1q64, and to be opened at 2:00 p.m., before Council, Mayor Stoller asked 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 bids; whereupon, the City Clerk opened and read the following bids: 466 G. C. ¥$nberlio ~ Son $ 28.605.$0 Sydnor Pump ~ Nell Compuny. Inc. 30.100.00 Frank N. Martin Drilling Company 30.440.95 Mr. Young moved that the bids be referred to a committee tO be appointed by the Xayor for tabulation and report to Conncil, the City Attorney to prepare the proper measore accepting the proposal of the lonest responsible bidder, The motion mas seconded by Hr, Nbeeler and unanimously adopted. Mayor Stoller nppointed.Nessrs. Nmi,er L. Young. Chairman. Arthur S. Owens and H. Cletus Broyles as members of the committee. SE~ERS AND STORM DRAINS: Pursuant to notice of advertisement for bids on the construction of concrete curb and gutter and concrete sidewalk at various locations in the City of Roanoke. said proposals to be received by the City Clerk until 1:30 p.m.. Monday. February 24. 1964. and to be opened at 2:00 p.m.. before Council. Mayor Stoller asked if there were any questions about the advertisement anyone would like to ask. and no representative present ralsia9 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: H & S Construction Company $ 1000285o00 Adams Construction Company 106,985.00 Niley N. Jackson Company 113,080,00 Draper Construction Company 128,390,00 Mr. Nheeler moved that the bids be referred to a committee to be appointe( 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. Poll'ard and unanimously a'dopted, Mayor Stoller appointed Messrs, Vincent S, Wheeler, Chairman, Arthur Owens and H. Cletus Groyles as members of the committee. SENERS AND STORM DRAINS: Pursuant to notice of advertisement for bids on the construction of a storm drain on Glendale Avenue and Clenrose Avenue, N, A A*I (Alternate) (Alternate) J, M. Turner & Co., Inc. $ 8,750.00 $11,600.00 - Hudgins and Pace 10.155,00 13,4D5,00 - McAlister Construction Co. 14,058,50 18,?77.50 - Draper Construction Co. 12,17q.00 22,023,50 13,201.00 23.398.50 467 L~GISLATION-DOUSIHG-SLUMCLEARA~CE: Mr. ~illiam S, Hubard, Chairman of the City of Roanoke Redevelopment nad Housing Authority, appeared before Council, ~drising that representatives is the General Assembly from the City of Richmond have introduced in the House o( Delegates Rill 342, relating to undertakings constituting redevelopment projects, and Dill TOSt relating to powers of redevelop- ment and housing authorities, which the City Of Roanoke Housing and Redevelopment Authority feels would defeat any further urban renewal projects in Virginia in that they mould require that standards for Judging whether or not an area is blighted be the same as those used generally in the area, RFo Hubard advising that the House Committee on Counties, Cities and Tomns is holding a public hearing on the Rills at 2 p.m., February 25, 1964, and requesting that Council adopt a Resolution opposing the Rills. Mr. Jones moved that Council concur in the request of the City of Roanoke Redevelopment and Housing Authority and offered the following Resolution: (~15612) A RESOLUTION expressing this Council*s opposition to House Dills 312 and 705; and directing that copies hereof be immediately transmitted to the H~use of Delegates Committee on Counties, Cities and Towns, (For full text of Resolution, see Resolution Dook No. 27, page 42.) Mr. Jones moved the adoption Of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Hheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O. Mr. Dillard moved that a copy of the Resolution also be forwarded to the Chairman of the Senate Committee on Counties, Cities and Towns and to the local representatives in the General Assembly. Yhe motion was seconded by Mr. Garland and unanimously adopted. Mr. Jones then moved that Mr. Wheeler be designated to represent Council at the public hearing. The motion was seconded by Mr. Young and unanimously adopted. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: GARBAGE REMOVAL: The City Manager submitted a written report, advising that for some time he has been seeking ways and means of increasing efficiency in transporting dumpster units to the East Gate landfill or incinerator, discharging their contents and returning the empty receptacles to their respective locations, and that he believes a compaction trailer system will materially reduce the overall operation, the City Manager recommending that he be permitted to purchase a 45-cubic yard compaction trailer and necessary truck with hoist unit at a cost Of approxi- mately $23,000, pointing out that $10,000 has been included in the 1964 budget for one new dempster-dumpster truck unit complete ~ith body and chassis and that $6,000 has been included in the budget for a new hoist unit to replace one of the existing units uhich could be used toward the purchase of the compaction trailer and truck. 468 After · discussion ·s to whether or not some of the streets and bridges il the city are adequate to handle the compaction trailer ·nd truck, Mr, Dillard moved that the warmer be referred to · committee cowposed of Messrs, Vi·cent S, Wheeler, Chairman, Denton O. Dillard and Roy R, Follard, Sr,, for study, report and recom- mendation to Council, The motion was seconded.by Mr. Jo·es and unanimously adopted, MAT£R DEPARTMENT: The City Manager suhuitted a written report, trans- mitting the an·ual report of the Water Department for the year 1963, Mr. Dillard moved that the annual report be referred to a committee cosposed of Ressrs. Roy R. Pollard, Sr., Chairman, De·so· O, Dillard and Murray A, Smaller for its information in connection with the audit of the accounts and records of the Mater Department, The notion was seconded by Mr, Rheeler and unanimously adopted, RECREATION DEPARTMENT-PARKS AND PLAYDROUNOS-SCBOOLS: Council having previously adopted a Resolution directing the City Mannger to endeavor to obtain from the United States Bureau of Outdoor Recreation a T.83-acre tract of land surrounding a FAA Radio Range at Andrews Road and Nineteenth Street Extension. N. W.. said tract of land being designated as Official Tax No. 2340103, for park, recreation or historic monument parposes, the City Manager submitted a written report, advising that he has been informed by the General Services Administration that the casI will have to pay 50% of the appraisal Value of the property, the estimated appraisal value being $11.745. and recommended that the citl purchase thi: property for park purposes as originally proposed by him. On motion of Mr. Dillard, seconded by Mr. Wheeler and unanimously adopted, the matter was referred to a committee composed of Messrs. Benton OD Dillard. Chairman. Malter L. Young. RurraF A. Stall,r. Arthur S. Owens and Rex To Mitchell. Jr., for study, report and recommendation to Council. BUDGET-PAY PLAN-FIRE DEPARTMENT: The City Manager submitted a written report, advising that he employed seven new firemen on February 17, 1964, and one on February 24, 1964, in order to provide proper training for the personnel which will man the Garden City Fire Station, and recommended that Council approve his action. Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (u15613) A RESOLUTION approving the action of the City Manager in heretofore employing eight new firemen for the City*s Fire Department. (For full text of Resolution, see Resolution Hook No. 27t page 43.) Mr. Jones moved the adoption Of the Resolution. The notion was seconded by Mr. Garland and adopted by the following rote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Wheeler. Young and Mayor Smaller ............................ 7. NAYS: None ....................O. 469 SPECIAL PERMITS-STREETS AND ALLEYS: The City Manager submitted a written report, transmitting a communication from Mr. L. O. Bt*mn, Jr** President of Blue Ridge Motors, Incorporated, advising that a carport on his property at 641 Campbell Avenue, S. M** encroaches approximately 30 inches on the east side of Seventh Street and requesting permission to continue the encroachment of the carport until such time as the city finds it necessary to require its removal, the City Manager recommending that the request be granted. 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. MUNICIPAL BUILDING: The City Manager submitted a written report, advising that The Chesapeake ~ Potomac Telephone Company has modified the central office trunk lines serving the City of Roanoke by removing the dial tone when a call is terminated which has'slowed down the PBX operators to the extent their former efficiency is impaired through no fault of their own since the two position PBX switchboard is ancient and subject to many mechanical and electrical failures, the City Manager voicing the opinion that the only answer to the problem is to replace the present PBX equipment with a three position multiple switchboard and provide an extra operator each day during peak periods. On motion of Mr. Young, seconded by Mr. Garland and unanimously adopted, the matter was carried over until the regular meeting of Council on March 16, 1964. BUDGET-PAY PLAN-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a written report, transmitting a communication from Miss Bernice F. Jones, Director of Welfare, advising that the State Board of Welfare and Institutions has amended it~ compensation schedule for positions in local Departments of Public Welfare to providd more adequate ranges, effective July 1, 1964, and that the local salary ranges must be in conformity with the revised basic state schedule which will.necessitate changes in each of the positions in the Department of Public Welfare except the Clerk-Typist B, the City Manager verbally suggesting that the matter be studied by the Personnel Director if and when one is appointed. Mr. Garland moved that action on the matter be deferred pending study by the Personnel Department proposed to be created in the near future. The motion Mas seconded by. Mr. Jones and unanimously adopted. ZONING: Council having referred to the City Plannin9 Commission for study; report and recommendation the request of Mr. P. Go 5cruggs that property located on the north side of Hickory Street, N. E., east of Liberty Road, described as part of Lots 51, 52 and 53, Block g. Milliamson Groves, Official Tax Nos. 3080133 and 3080134, be ret*ned from General Residence District to Business District, the City Planning Commission submitted the following report: 'February 20, 1964 The Honorable Murray A. 5toller, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The Planning Commission considered the above Fez*ming request during its February 19, 1964 meeting. 47O It mas lenrued that the property is to be used for the con- struction of m building In mhich repair or mu**motive parts uJll be carried out, The Planning Commission, ar*er studying this matter in considerable detail end having mode field inspections, con- eluded that the general area sboms development of single family homes: b,never, large areas have been left undeveloped because of conditions created by the construction of Interstate 531 Spur. The City Planning Commission is of the opinion that sporadic development of commercial lots in an area zoned and used for single family homes constitutes spot zoning and Is detrimental to the value of existing hones, The Planning C,omission therefore recommends to City Council that this Fez*ming request be denied. Respectfully submitted. $/ Werner K, Sensbach for Henry fl. Hoynton Chairman# In this connection, a communication from Mr. T. L. Plunkett, Jr,, Att*rna representing mr, Scruffs, advising that his client does not wish to pursue the matter further and requesting that the petition for fez*ming be withdrawn, was before Council, Hr. Jones moved that the petition for rezoning be uithdrawn. The motion was seconded by Hr. Dillard and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. and Mrs. 5ergei Nauholnom that a On?l-*ere tract of land located on the east side of Hollins Road, No E., I00 feet south of Shull Road, being n portion of Tract #A~, Hex Hap, Official Tax 3121§20, be fez*ned from Special Residence District to Business District, the City Planning Commission submitted the following report: =February 20, 1964 The Honorable Hurray A. St*lief. Mayor, and Members of City Council Roanoke, Virginia Gentlemen: The City Planning considered the ob*ye rezoning request during its regular meeting on February 19. 1964. The Commission was informed that the property owners intend to establish a restaurant facing Hollins Road, It was also contended that the present Owners bought the property mith the understanding that a business use u,old he permitted in this area. The City Planning Commission. after careful study of the con- ditions involved *nd having made field inspection of the land. arrived at the following findings. 1o The hardship ~hich the petitioners claims is self-inflicted. since they failed to ~erify the zone requirements at the time of the purchase of the property. 2. No substantial increase of high~ay traffic is anticipated on Hollins Road. since.the major highmay plan does.not propose any widenin9 or other improvements to this section of Hollins Road. Major north-south traffic is proposed to be accommodated on ~hiteside Avenue. N. E. 3. The character of the area is established by single-family homes and the construction of commercial uses would be incompatible and detrimental to extstinq residential development. 471 The City Planning Commission therefore recommends to City Council that the above fez*ming request be denied, Respectfully submitted, S/ Hamer ~, Sensbach for Henry B, Bo/mt*ri. Chairnan# In this connection, a communication from Mr. A. T. Loyd, Attorney, representing Mr. and Mrs. Numb*In*w, advising that his clients do not care to pursue the fez*ming matter any further and requesting permission to mJthdraw the petition for rezonlng, was before Council. Mr. Jones moved that the petition for rezonlng be withdrawn. The motion was seconded by Mr. Garland and unanimously adopted. ZONING: Council having referred to the City Planning Commission for stud report and recommendation a request of Mr. Robert G. Tar*net, et ux., that property located on the south side of Orange Avenue, N. M** north of Salem Turnpike, between Twentieth Street and Twenty-first Street, described as Lot 2 and Triangle, Block 82, Melrose Land Company, Official Tax No. 2321~02, be fez*ned from General Residence District to Husiness District, the City Planning Commission submitted a written report, recommending that the request be denied. In this connection, a communication from Mr. Ralter W. Wood, Attorney, representing Mr. and Mrs. Tar*nar, advising that his clients would like very much to have a public hearing on their request for fez*ming, was before Council. Mr. Wheeler moved that a public hearing on thc matter be held at ?:30 pom** April 6, 1964. The motion was seconded by Mr. Pollard and unanimously adoptedi ZONING: Council having referred to the City Planning Commission for study report and recommendation petitions signed by 201 property owners, requesting that certain properties in the area west of Williamson Road. N. W.. between Oakland Boulevard and Rmv*aw*od Avenue, as shown on Exhibit A, be fez*ned from Special Residence District to General Residence District, the City Planning Commission submitted the following report: 'February 20, 1961 The Honorable Murray A. St*liar, Mayor and Members of City Council Roanoke. Virginia Gentlemen: In its regular meeting held on February 19, 1964 the City Planning Commission considered the request that certain properties identified on *Exhibit A* and generally located between Oakland Howl*yard and Ray*aw*od Avenue, N. W., be fez*ned from Special Residence to General Residence District. Evidence was beard from representatives of the property owners objecting to the proposed construction of a high-rise apartment building as well as from a representative of the developer of this structure. The City Planning Commission. after careful study of the conditions involved and having made field inspection of the land, arrived at the following findings: 1. The area for which fez*ming is requested shows a development of single-family homes interspersed with apartments of generally four to six dwelling units. This multi-family character of the 472 area is very evident om Brood Street end Clarendon Avenue, but Cederhurst Avenue shows n predominance or single- family structures, Becanse of the past develnpaent pattern, the multi-family character or this area has been established, 2. The proposed development Is rot a 52-unit high-rise apart- Bent building to be constructed on approximately four~ firths of an acre ground, This unusually high residential density must be regarded as not compatible with the existing development or single-family homes and low density apartment buildings, In Judging the proposed development against proposals contained in the new zoning ordinance presently in preparation, the Planning Commission found that on the basis of 5,000 square feet per housing unit not more than ? apartments should be constructed on the land available, 3, The Planning Commission also received communications from property owners In this area who Indicate their opposition to the proposed rezoning because it would prohibit their plans for the development of lom density two-story apartments in this general area, (See Exhibit *B*,) The City Planning Commission, therefore, concluded that it was not In a position to recommend rezonJng of this area In its entirety to a more restFlcted user since a multi-family character of the area is evident, However, the Planning Com- mission noted that It sees no objection to any rezonlng action on the part of City Council, since the undesirability of high density residential development in this general area on a lot of insuf/Jctefl~ size has been estab]Jshedo Respectfully submitted. S/ Warner K. Sensabach for Henry B. Boyflton Chairman# In this connection, Mr, Richard F. Pence, Attorney, representing the petitioners for rezooing, appeared before Council and presented a communication. renewing the request for rezoning and a~ktng that a public hearing on the matter be held at the earliest possible time. Mr, Dillard moved that a public hearing on the matter be held at 2 March 16, 1964. The motion was seconded by Mr. ¥oun9 and unanimously adopted, ZONING: Council having referred to the City Planning Commission for 473 i Mr. Young moved that a public hearing on the matter be held at 2 p.m** March 23, 1964, The motion was seconded by Mr, Rheeler and unanimously adopted. RUPORTS OF COMMITTK£S: AUDITS-SCHOOLS: A committee composed.of Messrs. Roy R. Pollard, Sr., Chairman, Benton O. Dillard and Murray A. 5toiler submitted a mritten report, transmitting a report of the City Auditor, together with copies of audit reports of fourteen additional internal school accounts ended June 30, lgba. Mr. Pollard moved that the report be received and filed. The motion was seconded by Mr. Jones and unanimously adopted. MATUR DEPARTMENT: Council having referred to a committee composed of MeSSFS, Roy R. Pollard, St., Chairman, Arthur S. Owens, Raymond £. Plllom and H. Cletus Hroyles for tabulation and report bids received on miscellaneous, small area improved hard surface street and sidewalk restoration occasioned by the normal daily operations of the Mater Department from March 1, 1964, to March 1, i9bS, the committee submitted a mritten report, together with a tabulation showing the proposal of the Adams Construction Company in the amount of $26,987.50 as the low bid, and recommended that the contract be awarded to the Adams Construction Company. After n discussion of the matter, Mr. Dillard pointing out that the city has approved purchase of equipment which could do this work and voicing the opinion that the street and sidewalk restoration should be done by city forces in the future Mr. Pollard moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (~15514) AN ORDINANCE accepting the proposal of Adams Construction Company for performing miscellaneous, small area improved hard surface street and sidewalk restoration; authorizin9 the proper City officials to execute the requisite contract; rejecting all other bids; and providing for an emergency. (For full text of Ordinance,.see Ordinance Hook No. 27, page 43.) 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, Young and Mayor Stoller ............................ 7. NAYS: None ....................O. PARKS A~D PLAYGROUNDS-GARBAGE REMOVAL: The committee appointed to study the question of constructing a low-water bridge across Tinker Creek in the vicinity of the East Gate landfill and the purchase of land in connection therewith submitted the following report: "February 20, 19~4 To the C~ty Council Roanoke, Virginia Members of Council, Zhe matter of acquiring property on Mason Mill Road and the construction of the low water bridge across Tinker Creek, together with the suggestion that four (4) houses and fifteen (15) 474 lots facing on North Avenue be considered for acquisition by the City wes referred to the Council°s Incinerator Committee for a report and recommendntfon~ Your committee has made an inspection of the property In question as well as the site or the low water bridge end makes . ibc follomJng recommendations: l) That the City accept the offer covered by an option in the amount of $5.000.00 for the lief C. and Verna M. Fergnson property, designated as official tax number 3121917. located on Mason Mill Road at Craig Road and that aa appropriation of $5.000.00 be made to cover this purchase. 2) That authorization be given for the construction of a low water bridge across Tinker Creek in the general vicinity of Craig Road and that the sum of $2.000.00 be appropriated for materials for construction of sane. 3) That the ~ommittee continue its consideration to acquire four (4) houses and fifteen (15) lots. official tax numbers 3230201 through 3230215 inclusive, which properties adJoing the CJty*s landfill site and which faces on North Avenue. Respectfully submitted. 5/ Vincent 5. Rko,let Vincent 5. RhceleF. Chairman S/ Benton O. Dillard Benton O. Dillard S/ Roy R. Pollard, Sr. Roy R. Pollard' Mr. Rheeler 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. Dillard and unanimously adopted. Mr. Nbeeler then offered the following emergency Ordinance appropriating $7,000: (=15615) AN ORDINANCE to amend and reordain Section #170, "Capital," of the 1964 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 27, page 44.) Mr. Mheeler 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 ....................O. PURCHASE OF PROPERTY: Council having referred to a committee composed of Messrs. Arthur S. Owens, Chairman. J. Robert Thomas, Randolph G. Nhittle and Roy R. Pollard. Sr., for study, report ~nd recommendation an offer of Miss Alice Lydia Rouse to sell ~ 33-acre' tract of land. located in Roanoke County, adjoining city property near the Sewage Treatment Plant, to the City of Roanoke for SB,O00, the committee submitted a written report, advising that it ,is of the opinion the city does not need the property, therefore, the committee does not recommend its acquisition. 475 Mr. Dillard moved that Council concur In the report of the committee and that the offer of Miss Rouse be rejected. The motion won seconded by #r. Jones and uaonimousl! adopted, SALE OF PROPERTY: A committee composed of Messrs. Arthur S. Omens. Chairman. J. Robert Th,mas. Randolph G. Rhittle and Roy R. Pollard. Sro. submitted a mritten report, transmitting an offer of Mr. Bo G. Johnson. President of the Magic City Motor Corporation. to purchase Lots I and 2. Block B. R. L. ~ I. Map. Official Tax Nos. 3021001 and 3021002. located on.the north side of Madison Avenue. N. E., east of Fifth Street, adjacent to the property of the Magic City Motor Corporation, for the total sum of $250, the committee advising It is of the opinion a price of $500 for the two lots would be fair and recommends the sale of the property at that price. In this connection, the City Manager submitted a verbal report that Mr. Johnson has agreed to pay $500 for the tm. lots. Mr. Jones pointed Out that the property in question might be needed for public purposes and moved that the matter be referred to the City Planning Com- mission for study, report and recommendation. The motion was seconded by Mr. Garland. Mr. Dillard offered a substitute motion 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 providing for the sale of the two lots to the Magic City Motor Corporation for $500. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Dillard, Pollard, ~heeler and Young ......................4. NAYS: Messrs. Garland, Jonesand Mayor St,lief ......................... UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIIL~: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No. 15599, permitting Messrs. Fred P. NajJum and J. R. Najjum to continue and existing encroachment of a building 0.59 feet for a distance of 15 feet on an alley in the rear Of 209 Bullitt Avenue. $. E., 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: (~15599) AN ORDINANCE to permit an existing encroachment on an alley pursuant to Section 15-776 of the Code of Virginia, 1950, as amended. (For full text Of Ordinance, see Ordinance Book No. 27, page Mr. Mheeler 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. Mheeler, Young and Mayor St.liar ...........................7. NAYS: Nose ................... O. z~76 PARRS AND PLAYGROUNDS-STATE fllOHNAYS: Ordinance No. 15603, providing for the ncqoi$ltlon of serea tranta of land la coenectloa with the development of the Hill Hountain-Blue Ridge ParkmaI project, having previously been before Council for its first rending, read and laid over, mas again before the body. In this connection, Hr, Mheeler moved that the Ordinance be amended for adoption aa an emergency measure. The motion mas seconded by Mr. Dillard and adopted by the folloming vote: AYES: Messrs. Dillard, Garland, Pollard, Mheeler, Young and Mayor Stoller .................................. 6. NAYS: None ....................O. (Rt. Jones not voting} Hr, Mheeler then offered the following emergency Ordinance, as amended: (~15603) AN ORDINANCE authorizing and directing the acquisition Of seven (?) tracts of land for public purposes, to-wit, the development of the Hill Hountaln Blue Ridge Parkway project; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 27, page 39.) Mr, ~heeler moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, ~heeler, Young and Mayor Stoller .................................. 6. NAYS: None ....................O. (Mr. Jones not voting} STATE HIGHWAYS: Ordinance No. 15609, accepting the offer of the Magic City Motor Corporation to donate a strip of land from Its property located on the east side of Nilliamson Road, N. E., south of Orange Avenue, in the Commonwealth Redevelopment Project area, in exchange for an opening in the existing median strip on Rilliamson Road to provide south-bound traffic on Williamson Road an entrance to its service department, having previously been before Council for its first reading, read and laid over, was again before the body. In this connection, the City Ranager having been directed to prepare an estimate of the cost of carrying out the proposal of the Ragic City Motor Corpora- tion, he submitted a written report, advising it is estimated the cost uill be approximately $7,500. After a discussion of the matter, Mr. Oarland conceding that the opening in the median strip will impede traffic, but voicing the opinion that cooperating with a business like the Magic City Motor Corporation is just as important, Mr. Wheeler moved that the Ordinance be amended to provide for its adoption as an emergency measure. The motion was seconded by Mr. Young and adopted by the followl: vote: AYES: Messrs. Dillard, Garland, Pollard, Wheeler and Young-r ...........5o NAYS: Hr. Jones and Mayor Stoller ..................................... 2. Rr. Wheeler thep offered the fo!louing emergency Ordinance. as amended: (g15609) AN ORDINANCE acceptipg a conveyance by Magic City Rotor Corporation of a strip of real estate off said corporation*sproperty on the east 477 side of ~Jlllnmson goad in the Commonwealth Redevelopment pr,J,.ct in exchange for the City'* altering an existing median strip so that southbound traffic on ¥illiauson goad may enter the carp,ratS,n°* service department; and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 2?° page 41.) #r. Mheele~ moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: MessFs, Dillard, Garland Pollard, hheeler and Young ............. NAYS: CF. Jones and Mayor St,lieF ......................................2. With further r~ference to the matter, Rt. Young moved that the CSt! Wanage~ be directed to advertise for bids on the project, The motion Mas seconded by Mr. Wheeler and adopted, Mr. Jones and Mayor 5toller voting no. BUDGET-PAY PLAN: C,ascii having directed the City Attorney to prepare th, l! proper measure authorizing the City Manager to fill the positions of Deputy Clerk and Probation Officer at the Juvenile and Domestic Relations Court, he presented sase; whereupon, Mr. Pollard offered the f.Il,win9 Resolution: (m15516) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of gesolution, see gesolution Book No. 27, page 45,) Mr. Pollard moved the adoption of the gesolution. Yhe motion Mas secondedll by Mr. Garland and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ ?. NAYS: None ....................O. FIRE DEPARTMENT: Council having directed the City Attorney to prepare the proper measure expressing the appreciation of the body to the members of the commission created to investigate the discharging of Mr. Nallace M. Mattox from the Fire Department for the services rendered by the commission, he presented same; whereupon, Mr. Pollard offered the following Resolution: (glSGl?) A RESOLUTION expressing the appreciation of this Council for the services rendered the City by the commission of seven citizens to investigate the discharging of Mr. Wallace M, Matt,x, (For full text of Resolution, see Resolution Book No. 27, page 45,) Mr. Pollard 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 ............................ 7. NAYS: None ....................OD PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure concurring in the recommendations of a committee appointed to study the question of Improving gockledge Inn atop Rill Mountain and leasing the Inn for use as a summer theater by a professional theatrical group located at Saranac Lake, N. Y,, except that the provision for a maximum rental or SI,SD0 per annum be omitted from the proposed lease end a provision that the city will furnish the water while the cost of other utilities shall be borne by the lessee be inclade~ in said lease, he presented same, In this connection, Miss Marta Dyer and Mr, Donald M, Carter, Directors of Roanoke Summer Theater. Incorporated, appeared before Council, pointing out that the proposed lease provides faf a rental equal to 5% of the grOSS ticket sales each year with a minimum rental of $500 per annum, that ticket sales must reach $30,?80 in order for the group to break even, and requested that a rental equal to 2% of the gross ticket sales, which would amount to approximately $600 at fifty per cent capacity, with a sliding percentage scale for more than fifty per cent capacity, be approved. After a discussion of the matter, Mr. Young moved that the draft of Ordinance be amended to read "and in lieu thereof the rental shall be 2% of the first $30,000 or $600 which shall be a minimum, 3% on the next $10,000 gross. 4% on the next $10.000 gross and 5% on all over $50.000 gross." The motion was seconded by Mr, Garland and unanimously adopted, The committee having recommended that the city lease Rockledge Inn for a period of five years on a year-to-year basis, Mr. Dillard raised the question of limiting the lease to one year, The directors of the theater replied that they cannot afford to invest $12,000 in the project for promotion and production for just one year. Mr. Garland then moved that the following Ordinance be placed upon its first reading: (~15618) AN ORDINANCE approving the report of the committee heretofore appointed to study the question of making certain improvements to Rockledge Inn and the advisability of authorizing a lease of said Ina to Roanoke Summer Theater, Incorporated, for use as a summer theater. bHEREAS, a committee, heretofore appointed by this Conncil to study the repairs and changes necessary to be made to Rockledge Inn on Mill Mountain in order to comply with the request of the Rockledge Xnn Improvement Fund Committee to convert said Inn for use by a summer theater group and to further recommend to this Council if, In said committee*s judgment, such repairs should be made, the condition upon which they should be made and whether this Council should authorize the lease of said Xnn for use by such summer theater group, made its written report to this Council at its regular meeting of February IT, 1964. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That the report of the aforesaid committee which is'on file in the office of the City Clerk be, and the same is hereby, ratified and approved, subject, however, to the following tmo exceptions: (a) that a provision for a maximum rental of $1,500 per year shall be omitted from the proposed lease and in lien 479 thereof the rental shall be 2~ of the first $30,000 or $600,00 which shall be a minimum, 3~ on the.next $10,000 ar*sst 4~ on the next $10o000 gross amd 5~ on all over $50,000,00 ar*sst and (b) the City shall agree to furnish water, without charge the cost of all other utilities to be borne by the lessee, 2, That the City Manager and the City Clerk be, and each Is hereby, authorized, respectively, to execute and attest such lease between the City of Roanoke and Roanoke Summer Theater, Incorporated, upon the terms and conditions recommended in the aforesaid report, together with such additional terms as the City Manager may impose for the protection of the City and upon form to be approved by the City Attorney, 3. That, upon the execution of the lease hereinabove contemplated, theI City Manager be. and he is hereby, authorized to cause the improvements and repairs mentioned in the aforesaid report to be made as the conditions imposed Jn the report~ are met. The motion was seconded by Mr, Yuan9 and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Mayor Si.Ilar ............................ NAYS: None .................... O. Nith further reference to the matter, the City Manager advised that he has the opportunity to purchase some used theater seats and girders and requested that $1,000 be appropriated for this purpose with the understanding that the appropriation will not become effective .until a like amount has been deposited with the City Treasurer by the Rockledge Inn Improvement Fund Committee. Mr, Young moved that Council concur in the request of the City Manager and Offered the foil.ming emergency Ordinance: (~15619) AN ORDINANCE to amend and reordain Section ~lTO, *Capital,' of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Nheeler, Young and Mayor Si.lief ............................ 7. NAYS: None .................... O. MOTIONS AND MISCELLANEOUS BUSINESS: ZONING: The City Clerk reported that Mr. R. R. Snedegar has qualified as a member of the Board of Zoning Appeals to fill the unexpired term of Mr. A. M. Eckstein, deceased, ending December 31, On motion of Mr, Pollard. seconded by Mr. Nheeler and unanimously adopted, the, report was filed. On motion of Mr, Dillard, seconded by Mr, Garland and unanimously adopted. the meeting was adjourned. APPROVED ATZEST: Git/Clerk Mayor 48O COH]qCIL, REGULAR .ME£TIBG, Monday, March 2, 1q64, ?be Council of.the City of Roanoke met in regular meeting in the Council C~amber in the Municipal Building, Roaday, March 2, 1964o at ?:30 p,m,, the regular meeting hour, mith Mayor Stoller presiding, PRESENT: Councilmen Benton O, Dillard, Robert A, Garland, James E, Jones Roy R, Pollard, St** Vincent S, Mheeler, Malter L, Young and Mayor Murray A, Stoller ...............................7, ABSENTI None ................O, OPFICER$ PRESEN;: Mr, J, Robert ~bomas, Acting City Manager and Citf Auditor, and Mr. Randolph G. Mhittle, City Attorney. ]N¥OCATION: The meeting was opened uith a prayer by the Reverend Milliam F. Mllholland, Pastor, Christ Lutheran Church. MXNUYES: Copy Of the minntes Of thc regular nee*lng held on Monday, February 17, 1964, having been furnished each member of Council, on motion of Mr. Mheeler, 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: GARBAGE REMOYAL: Pursuant to notice of advertisement for bids un five truck chassis completely equipped with refuse bodies, said proposals to be recei, red by the City Clerk until 5:00 p.m** Monday, March 2, 1964, and to be opened at 7:30 pom., before Council, Mayor Stoller asked if anyone had any questions about the advertisement, and no representative present raising any question, thc Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City ~lerk opened and read the following bids: Antrim Magic City Diamond Dicherson Ma*ors, Inc. Motor Corp. Chevrolet Corpo GMU, Icc, Leach - $ 4B,117.75 $ 48.155.00 $ - $ 51,995.00 Hell - 48,315.75 48,500.00 49,800.00 Load-Master 46,525.00 48,575.00 49.400.00 Gar Mood - 46,310.00 48,445.00 49,210.00 Pack-Mot - - 49.250.00 50.910.00 Daybrook - 48,830.00 - 49,750.00 Mr. Jones 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 lowestresponsible bidder. The motion was seconded by Mr. Garland and unanimously adopted. Mayor Stoller appointed Messrs. Walter L. Young, Chairman, Arthur $. Owen! H. Cie*us Broyles and Bueford B. Thompson as members of the committee. DEPARTMENT OF PUBLIC WORWS: Pursuant to notice of advertisement for bids on one truck chassis completely equipped uith a bituminous pressure distributor, said proposals to be received by the City Clerk until 5:00 p.m., Monday, March 2, 1964, and to be opened at ?:30 p.m., before Council, Mayor Stoller asked if anyone had any questions about the advertisement. 481 Mr, Mheeler pointed out that since Council has already amarded a contract for street and sidewalk.restoration occasioned by the normal daily operations of the Mater Department, the city mill probably.have,no need for this track, and moved that the matter be tabled. The motion mas seconded by Mr. Dillard and unanimously adopted, Mr, Dillard then moved that the City Clerk be directed to retarn the bldso anopened, The motion mas seconde~ by Mr. Mheeler and unanimoasly adopted, TRAFFIC ENGINEERING AND COMMUNICATIONS: Pursuant to notic~ of advertise- men* for bids on (1) 1,020 gallons of mhite traffic paint, (2) 700 gallons of chlorinated rubber white traffic paint, (3) 1,740 gallons of yellow traffic paint and '(4) 12,000 pounds of glass traffic beads. Said proposals to be received by the City Clerk until 5:00 pom.. Monday, March 2, 1q64. and to be opened at 7:30 p.m., before Council. Mayor Stoller asked if anyone had any questions about the advertisement, 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: Item I Item 2 Item 3 Ite~ 4 Baltimore Paint ~ Chemical Corporation - $ 1.61 $ 2,4R $ 1.44 $ - The Sherwin-Mllliams Co. 2.09 3.37 2.29 .1127 Jaegle Paint and Varnish Co. - 1.74 2.05 1.69 .115 Prism. Safety Corp. 1.82 2.64 1.70 .1257 Graves-Humphreys, Inc. 2.21 2.96 2,36 .2150 Mr. Jones moved that the bids be referred to a committee to be appointed by the Mayor for tabulation and report to Council. the Cltl Attorney to prepare the proper measure, or measures, accepting the proposals of the lowest responsible bidders, respectively. The motion was seconded by Mr. Mheeler and unanimously adopted. Mayor Stoller appointed Messrs. Robert A. Garland, Chairman, Arthur 5. Owens, Dueford B, Thompson and J. D. Sink as members of the committee. AIRPORT: Pursuant to notice of advertisement for bids on grading, drainag, and paving, and related work. in connection with the extension of Run.ay 15-33 at Roanoke (Mn.drum) Airport. said proposals to be received by the City Clerk until 5:00 p.m.. Monday. March 2. 1064. and to be opened at 7:30 p.m., before Council. Mayor Stoller asked if anyone had any questions about the advertisement, 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: Contract 1 Grading and Drainage Alternate #A# Alternate #R* H, L, Turner Co** Inc. - $ - $ 343,724.60 Moore, Kelly ~ Reddish, lac. - 353,363.10 367,156.35 Salem Asphalt Corp, - 360,026.00 Albert Brothers Contractors, Inc, - 407,295,40 McAlister Construction Co. - 412,047.80 A, B, Burton Co., Inc, - 415,314,T5 Turner Brothers Contractors - 439.098.90 482 Contract II Paring Alternate Ho, I Alternate No, 2 S. M, Draper Paving Co., lac, $ 146,441,00 Adams Construction Co. 149,729,00 - John A, Hall & Co.. Inc. 158,032,00 - Virginia Asphalt Paving Co,. Inc. - 160.475.00 ~r. Olllard moved that the bids be referred to a committee to be appointer by the Hayor for tabulation and report to Council. the City Attorney to prepare the proper measure, or measures, accepting the proposals of the lowest responsible bidders, respectively. The notion was seconded by Hr, Garland and unanimously adopted. Mayor Stoller appointed Messrs. James E. Jones, Chairman, Malter L. Young. Roy R. Pollard, Sr.. H. Gletus Broyles and Marshall L. Harris as members of the committee. STREETS AND ALLEYS: Pursuant to notice of advertisement for bids on pavement of streets at various locations in the City of Roanoke. said proposals to be received by the City Clerk until 5:00 p.m.. Monday. March 2. 1964. and to be opened at 7:30 p.m.. before Council. Mayor Stoller asked if anyone had any questions about the advertisement, 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 Co.. Inc, $ 224.570,00 Adams Construction Company 225.660,00 S. R. Draper Paving Co** Inc. 235.955.00 Mr. Mheeler 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 was seconded by Mr. Young and unanimously adopted. Mayor Stoller appointed Messrs. Vincent S. Wheeler. Chairman. Arthur Owens and H. Cletus Hroyles as members of the committee. ZONING: Council having previously set a public bearing for 7:30 p.m.. March 2. 1964. on the request of Mr. Robert Lee Short. Sr.. that property located the southeast corner of Orange Avenue and Vinton Mill Road. N. E.. fronting 119.0 feet on Orange Avenue and 323.7 feet on Vinton Mill Road. containing approximately: 0.67 acre. and described as Lot 1. Short Estate Map. Official Tax No. 3330501. be fez, ned from General Residence District to Business District. the matter was before the body. In this connection, the following communication from the City Planning Commission. recommending that the request be granted. Mas before Council: *January 23. 1964 The Honorable Murray A. Stoller. Mayor. and Members of CitI Council Roanoke. Virginia Gentlemen: In reviewing this Fez,ming request the Planning Commission made the following findings. The lot under consideration is already used for business purposes (gus*line station). This use was already in existence mhen the area ~as annexed to the ~Glty and nas permitted to continue under the so-called 'grandfather clause' of the City ordinance, In addition, this lot bas a frontage of 119 feet on B, $. 460 and faces a business lot located across ¥inton Mill Road. This general situation does not suggest the feasibility for - residential use as permitted under the present zone districts but rather suggests that this lot should be used for business, The Planning Commission therefore recommends to City ~ouncil that the fez*ming request be granted and the above lot be Fez*ned from General Residence District to Business District, Respectfully submitted. S/ Rerner E. Sensbach Henry H. Roynton Chairman' Mr. Thomas M. Oarnall, Attorney, representin9 the petitioner, appeared before Council in support of the request. No one appearing in opposition to the proposed fez*ming, Mr. Dillard moved that Council concur in the recommendation of the City Planning Commission and that the foil*ming Ordinance be placed upon its first reading: (~1S620) 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 that certain property located on the southeast corner of Orange Avenue and Vinton Mill Road, N. E.~ fronting 119.0 feet on Orange Avenue and 323.T feet on Yinton Mill Road, containing approximately 0.87 acre, and described as Lot 1, Short Estate Map, Official Tax No. 3330501, Fez*ned from General Residence District to Business District; and · HEREAS, the City Planning Commission has recommended that the hereinafter described land be Fez*ned from General Residence District to Business District; and WHEREAS, notice required by Title XV, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in 'The Roanoke]i Norld-Neus," a newspaper published in the City of Roanoke, for the time required by said section; and RHEREAS, the hearing as provided for in said notice was held on the 2nd day of Rarch, 1964, at ?: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 fez*ned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title X¥, Chapter 4, Section 1. of The Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the foil*win9 particular and no other, viz.: Property located on the southeast corner of Orange Avenue and Vinton Mill Road, N. E., fronting 119.0 feet on Orange Avenue and 323.? feet on Yinton Hill Road, containing ~pproximately 0.87 acre, and described as Lot 1, Short Estate Map, designated on Sheet 333 of the Zoning Hap as Official Tax No. 3330501, be and is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. 484 The motion mas seconded by Mr, Mheeler iud adopted by the f,Il,ming vote: AYES: Messrs, Dillard, Garland, Jones, Pollard, ~heeler, Young and Dayor St,liar .......................... T. NAYS: None ....................O. PARK5 AND PLAyGRODNDS: Mr, James O, Trout, Chairman of the Roanoke Tram portation Committee, appeared before Council and presented a communication. requesting that the body consider appropriatin9 $8,000 for a rubber-tire amusement train to be wholly owned by the city and operated by the Department of Parks and Recreation, Mr, Trout stating it is proposed that this train would travel from various picnic areas and other gathering spots to the Transportation Museum and back. that a reasonable fee would be charged for the ride and it is expected the train would ~oou repay to the General Fund the initial $8,000 approFpriated and in n limited time would become a profitable endeavor. After a discussion of the matter. Mr. Jones moved that the request be referred to a committee composed of Messrs. Denton O. Dillard. Chairman. ~alter L. Young, Murray A. St,lieF, Arthur 5. Owens and Rex T. Mitchell. Jr.. along with the Roanoke Transportation Museum Committee. for study, report and recommendation. The motion was seconded by Mr. Garland and unanimously adopted, Mr. Jones being added to the committee by the rest of the members of Council. PETITIONS AND COMMUNICATIONS: SE~ERS AND STORM DRAINS: 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 28, 1954, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 3T-acre tract of land adjacen' to Section 2. Jefferson Dills, and the Roanoke Technical Institute, in the vicinity of Dogwood Lane, was before Council. In a discusstonof the matter, Mr. Jones suggested that perhaps the residents of the Jefferson Hills section would like to join with the residents of the Edgehill section in their petition for annexation to the City of Raonoke and moved that action on the sewer request be deferred until the regular meeting of Council on March 23. 1964. The motion was seconded by Mr. Nheeler and unanimously adopted. STREETS AND ALLEYS: A petlton signed by 21 citizens, requesting that Longwood Avenue. N. N.. be included in the blacktopping program for lg~4. was befor~ Council. In this connectS,at Mr. R. F. Edmonds. 4037 Longwood Avenue. N. appeared before Council. advising that approximately four years ago the residents of Longwood Avenue had curb and gutter installed on their street and at that time they requested.that the street be blacktopped, but were told that because of the relocation and elevation of Peters Creek Road their street would have to wait for blacktopping until after this was done. that the raters Creek Road project has.been 485 completed approximately two years and n year ego the residents of Lunge*od Avenue mrote to the Department of Public ¥orks asking that some type of anseer be given, but to this date they have not heard n word. Mr. Dillard Bored that the request be referred to the City Manager for inclusion of Lunch*Od Avenue in the 1964 blacktopping program. The motion was seconded by Mr. Mheeler and unanimously adopted. MATER DEPARTMENT: A communication from Hr. Scott R. Doyle, Commander of Flotilla 01, United States Coast Guard Auxiliary, expressing appreciation for improvements made at CarvJns Core, mas before Council. On motion of Mr. Young, seconded by Mr. Jones and unanimously adopted, the communication was filed. STATE CORPORATION CORR1SSION: Notices of application by Abbott Bus Lines Incorporated. to the State Corporation Commission for Certificates of Public Conveolence and Necessity as a common carrier by motor vehicle for the handling Of passengers, their baggage, mail. newspapers and express between Roanoke and Rocky Mount, Virginia, over U. S. Highway 220, via Bo*nas Mill, and as a special or }1 charter party carrier by motor vehicle for the handling of passengers and their baggage between all points in Virginia over irregular routes, the latter applicationl being necessary because ar. Taft Abbott is incorporating his business, a hearing on the applications to be held at 10 a.m.. April 7, 1964, in Richmond, were before Council. On motion of Hr. Dillard. seconded by Mr. Mheeler and unanimously adopted. the notices were filed. REPORTS OF OFFICERS: BUDGET-SEWERS AND STORM DRAINS-I~DUSTRIES: Council having adopted Resolution No. 14314 on February 6. 1961. indicating to the Greater Roanoke Vall;y Development Foundation its intent to appropriate or authorize to be expended for the industrial and commercial development of the City of Roanoke and its environs a sum not less than $50,00 per year nor more than $250.000 in the aggregate, the City Manager submitted a written report, transmitting a communication from Mr. John C. Parrott, President of the Creater Roanoke Valley Development Foundation. advising that although an eight=inch sanitary sewer from the main in the street to a point adjacent to the Shell Building in the Blue Ridge Park for Industry was deleted from the contract in an effort to save money, the plans were never altered occordingly, consequently, the plans presented to the purchaser of the building showed the sanitary sewer as having been installed, that since this was the case it is felt the purchaser of the building should not have to bear the expense of this item and that it could possibly be included in the cityts pledge Of $250,000. the City Mann~e! recommending that $700 be appropriated for this purpose. Mr. Jones moved that Council concur lathe recommendation of the City Manager and offered the following emergency Ordinance: 486 (#15621) AN ORDINANCE to amend and reordaln Section si41, 'Sewer and Drain Construction," of the 1964 Appropriation Ordinance, and providing for on (For full text of Ordinance, see Ordinance Book No. 2?, page 47.} Mr. Jones moved the adoption of the Ordinance. The motion mas seconded by Mr. Garland and nd*pied by the foil*ming vote: AYES: Bessrs. Dillard, Garland, Jones0 Pollard. Mbeeler, Young and Xayor Stoller ........................... NAYS: None .................... O. BUDGET-ZONING: The City Hanager having recommended that $122 be appro- priated to Office Furniture and Equipment - Replacement under Section #131, 'Zoning.# of the 1964 budget, to provide for the purchase of a desk and chair for the office of the Board of Zoning Appeals due to a change in office space, and Council having referred the matter back to him for the purpose of ascertaining aha*her or not the two desks non in use in the office of the Board of Zoning Appeal~ can be used by other municipal departments with more office space which have requested desks in the 1964 budget with a view of using the funds allocated to these departments to purchase the desk and chair for the office of the Board of Zoning Appeals, the City Manager submitted a written report, advising that after checking with the Assistant City Auditor be finds there are seven desks approved in the budget, all of which are in the Department of Public Welfare and are paid uae-half by the state, that it would appear to him if the desks are not purchased and the transfer is made as suggested it would be more costly to the city than the consideration as he is of the opinion the Board of Zoning Appeals needs the equip- Mr, Jones stated that his study of the budget indicates there were desks approved for other departments than the Department of Public Welfare and moved that the matter be referred back to the City Manager for further study, The motion was seconded by Mr, Dillard and unanimously adopted,. BUDGET-PAY PLAN: The City Manager submitted the following reportrecom- "Roanoke, Virginia March 2, 1964 To the City Council Roanoke, ¥irginia Gentlemen: It becomes imperative that I request your permission to employ certain personnel already included in the Budget for the orderly operation of the City Government. They are as follows: Recreation Department - Mr. E. L. Lambert resigned from the city services on January 15, 1964, as *Stadium-Armory Custodian,* Me have filled this vacancy with extra help but feel now that the position should be filled. 487' SanJtatlen Department - I request that I he authorized to employ three disposal laborers and one truck driver. The letter was written to me February 13. advising that there were five vacancies in this division; however, since that time. it has in,rea,ed to eight vacancies. . EnqJneerinq Department - Due to resignation, this depart- ment is in need of a Secretary II. Water Department = (1) Labor,Fo'Grade 9 ~ This position is now vacant due to the death of a Pump Station Operator and promotion of present employee. (2} Crewman fX. Grade 8 - Position vacant due to resignation. This employee will be needed badly for work this spring. {3} Secretary XlX. Grade 13 - Position vacant due to resignation. Respeotfully submitted. S/ Arthur So Owens City Manager' Mr. Mheeler moved that Council concur in the recommendations of the City Manager and offered the following Res.lotion authorizing the employment of a Stadium-Armory custodian: (#!5622) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution. see Resolution hook No. 27. page 48.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the foil.ming vote: AYES: Messrs. Dillard. Garland. Jones. Pollard. Mheeler. Young and Mayor Stoller ............................ NAYS: None .................~--0. Mr. Mheeler then offered the following Resolution authorizing the City Manager to fill vacancies in the Sanitation, Engineering and Mater Departments: (m15623) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 27. page 48.) 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. Jones. Pollard. Mheeler. Young and Mayor StoIleF---L ......... L .............. 7. NAYS: None ....................O. SALE OF PROPERTY: The City Manager submitted a written report, trans- mitting an offer of Stanford and Xnge. Incorporated. to purchase property located on the north side of Church Avenue. S. E.. east of Third Street. described as Lots 51. 52, 53, 56, 57 and 58, Block 1, Moodland Park, for the sum of $200 per lot, or to lease all of the lots for a total sum Of $200 per year, and suggested that the offer be referred to the Real E~tate Committee for its consideration and recommendation. On motion of Mr. Jones, seconded by Mr. Mheeler and unanimously adopted, the offer mas referred to a committee composed of Messrs. Arthur So Osen~, Chairman, Randolph G. Mhittle, J. Robert Thomas and Roy R.'Pollards Sr., for study, report and recommendation to Council. 488 PURCHASE OF PROPERTYt The City Manager submitted a uti,ten report, transmitting au offer of Mr. Elbert H. Waldron, Meal Estate Agent, representing Hagic City Mortgage Company, Incorporated, to sell property located be,mean Luck Avenue and Church Avenue. S. M., east of Fourth Street, described as part of Lot 1 and all of Lots 2, 3 and 4. Block 3, Section SW O, Official Survey, Official Tax NOS. 1012002, 1012004, 1012005 and 1412006, for the total sum of $90,000; also, a portion of Lot 1, Official Tax No. 1012001, owned by Maldron nnd Maldron, et al.. for the sum of $30.000. if the city is interested in purchasing the property owned by Magic City Mo~gage Company, Incorporated, the City Manager suggesting that the offer be referred to the Real Estate Committee for its consideration and recom- mendation. On motion of Mr. Wheeler, seconded by Mr. Young and unanimously adopted, the offer was referred to a committee composed of Messrs. Arthur S. Owens, Chairman Randolph G. Whittle, J. Robert Thomas and Roy M. Pollard, Sr., for study, report and recommendation to Council. STREETS AND ALLEYS: Council having concurred in the awarding of a cum,fac by the i'irgiflJa Department of ~ighways to Moore Brotber~ Company, Incorporated. for the widening of Salem Avenue, 5. W.. between First Street and Second Street, the Acting City Manager submitted a written report, advising that the contractor has encountered a very bad subgrade condition which requires that the inferior material be removed and replaced with select sub-base material, the Acting City ~3nager recommending the approval Of u change order in the contract in an amount of $4.200. Mr. Wheeler moved that Council concur in the recommendation of the Acting City Manager and offered the following Resolution: (~15624) A RESOLUTION authorizing the execution Of a Change Order on the Salem Avenue project (Rt. 11-011-128-101, C~OI) now under construction in the City (For full text of Resolution, see Resolution Boo~ No. 27, page dU.) 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, Young and Mayor Stoller ......................... ?. NAYS: None ....................O. WATER DEPARTMENT: Council having directed the City Manager to ascertain whether or not 20 residences in the City of Roanoke now being furnished water by 489 portion of the area as soon as possible, that possibly three=fourths of the residences mill fall in this category, but the economic cost to serve the entire group could not be Justified in his Judgment. On motion of Mr. Jones, seconded by Mr. Garland and unanimously adopted, the report was filed. SEWERS AND STORM DRAINS-STATE HIGflMAYS: Council having requested the Virginia Department of Highways to review the size of the storm drain provided for in the contract for that portion of the Interstate 581 Spur project in the vicinity of Walker Avenue, N. E** since the City of Roanoke is of the opinion the 24-inch drain pipe is too small, the Acting City Manager submitted a written report, advising that he has been informed by the Virginia Department of Highmays that a review of data submitted by the City of Roanoke indicated a 42-inch pipe would adequately'handle the anticipated run off and the Director of Public Worhs agrees with this conclusion, the Acting City Manager recommending that Council concur in the use of a 42-inch surface drain. Mr. Dillard moved that Council concur in the recommendation of the Acting City Manager and offered the following Resolution; (~15625) A RESOLUTION concurring in the use of a 42-inch surface drain at Station 310 +. 15 on Route 581, Project 0591-128-070,C-504. (For full text of Resolution, see Resolution Book No. 27, page 49.) Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dillardt Garlandt Jones, Pollard, Wheeler, Young and Mayor St*lief NAYS: None ....................O. CITY AUDITOR: The City Auditor submitted a financial report for the month of January. 1964. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted the report was filed. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. C. O. Calhoun that property located on the northerly side of Walnut Avenue, S. E~, east of Ivy Street, describedl as Lots ~6, 37 and 39, Block 1, Walnut Hill, Official Tax No. 4041129, be Fez*ned from General Residence District to Special Residence District, the City Planning Commission submitted the following report: 'February RO, 1964 The Honorable Murray A. St*lieF, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: In its February 19, 1964 meeting the City Planning Commission considered the above rex*ming request. 49O The petitioner informed the Planning Commission that he is contemplating the erection of a 3-gait apartment bailding on · lotonMhichpresentlyonly single family dwellings or duplex structures are permitted. Because of the steepness of the lando vehicular access to the basement apartment can be obtained only through the alley, The single-family character of the area has been established and recent construction of single=family homes have reinforced this condition. The City Planning Commission is therefore of the opinion that special residential district (apartments) Would not be com- patible with existing development pattern. The City Planning Commission recommends *to City Council to deny this request. Respectfully submitted, $/ ~ereer Ko Seesboch Henry B. Boynton Chairman" In this connection, a communication from Mr. Tom Stockton Fox, Attorney, representing the petitioner, advising that his client does not desire a public hearing on the matter and requesting permission to withdraw the petition for rezoning, was before Council, Mr. Wheeler moved that the request be granted and that the petition for " rezoning be withdramn. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: PARKS AND PLAYGROUNDS-GARBAG~ R£MOVAL: The committee appointed to study the recommendation of the City manager that the Ordinance creating the task system be amended to permit time and one-half for employees in the task system when they have exceeded their normal forty hours of work submitted the following report: "Roanoke, Virginia February 2?° 1964 The memorable the Council of the City of Roanoke Gentlemen: The undersigned committee, heretofore appointed to study the recommendation of the City Naoager that Ordinance No, 15392 be amended to provide that employees in the Sanitation Department under the task system be paid time and one-half overtime when they have exceeded their normal 40-hour work week and to racom- .mend changes, if any, the committee felt should be made in the ordinance, has performed its assignment and respectfullT reports as follows. · Ne enclose each of you herewith the ordinance as it exists today and, also, a copy of the manner in which this committee feels the existing ordinance might be amended and reordained, .You will notre that no change whatever has been made in paragraph number 1, This committee felt that the manner in which the ordinance repealed Ordinance No. 14300, the Pay Plan, was too broad; hence, it was rewritten. The committee feels that paragraph number 3 of the existin9 ordinance is entirely too harsh on task force workers and should be deleted. are found In the hem pnrngrnph number 3. Your committee feels that the essential feature of the task system is that each task force must ~ully perform each meekly assignment before members of that task force nrc entitled to overtJmet unless the employer (the City) is wholly responsible for any failure or such task force to partially or to mholly perform such weekly assigned rash, Otherwise expressed, no other City employee is entitled to overtime until he has marked a 40about meek and for the task marker his weekly assignment is the equivalent of or the same ns forty hours, In order to put task force employees and ordinary employees au a more equal basis, we bare suggested that task force em- ployees he paid overtime for work peformed on a holiday or on any day they work in lien of a holiday. Respectfully submitted. S/ Arthur S. Omens Arthur S, Omens, Chairman S/ J, Robert Thomas J. Robert Thomas S/ H. Cletns Broyles O. Cletus Broyles S/ Ran G. Mhittle Mr. Jones moved that Council concur in the recommendations of the committee and offered the following emergency Ordinance: (~15626) AN ORDINAWCE to amend and reordain Ordinance No. 15392, authorizin9 the 'City Manager, in his discretion, to place certain employees of the Sanitation Division of the Department of Public Works on the 'task system of refuse collection': and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 50.) Mr. Jones moved the adoption Of the Ordinence. The motion was seconded by Mro Dillard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .... ~ ....................... ?. NAYS: None .................... O. DEPARTMENT OF PUBLIC WORKS: The committee appointed to tabulate bids on automobiles, station wagons and a metropolitan bus for various municipal departments submitted the following report: "Roanoket Virginia March 2, 1964 To the City Council Roanoke, Virginia Centlemen: Bids were received on February 17, 1964, for 16 vehicles for various departments. The low bids,are as follows: Department Bidder Amount 7 Automobiles Police Diamond Chevrolet Corp. $17,235.00 1 Automobile Engineering Antrim Motors, Inc. 2,695.00 3 Automobiles Public Assistance Fulton Motor Co** Inc. 5,290.00 I Automobile ' Traf. Eng. ~ Com. Magic City Motor Corp. 1,895.00 I Automobile Street Repair Magic City Motor Corp. 1,795.00 I Station WagonJuv. Den. Home Fulton Motor Co** Inc. 2,483.O0 I Station WagonFire Magic City Motor Corp. 3,195.00 1 Bus, 8 pass. Airport Magic City Motor Corp. 2,464,47 $37,052.47 491· 492 The total appropriation for these vehicles amounts to $36,050.00. The total of the.low bids amounts to $3T,052.47, The appropriation for the police department was for slx vehicles; howevero bids were tuten on seven vehicles, with the expectation that it would not rug over the appropriation, It, of coarse, woold he possible to stay within the total appro- lrintion by eliminating one police vehicle at · cost of 2,783.57, However, the committee feels that the need for the seventh automobile for the police deportment is great enough to warrant on additional appropriation of $1,002o47. Respectfully submitted. S! Roy R~ Pollard, St. Roy R. Pollard, Sr. S/ Arthur S. Owens Arthur S. Owens S/ R. B, Thompson Bueford B. Thompson S/ E, James Sayer E. James Sayer' After a discussion of the matter, Council being of the opinion that only the six police cars provided for in the budget should be purchased at a total cost of $14,750 rather than seven vehicles, Rt. Wheeler offered the following Resolution: (~15627) A RESOLUTION accepting certain bids for supplying motor vehicula¥ equipment to various City Bepartments. (For full text of Resolution. see Resolution Book No. 2T, page 51o) Mr. Wheeler moved the adoption of the Resolution. The motion was secondedl by Mr. Dillard and adopted by the followtn9 vote: AYES: gessrs. Dillard, Garland, Jones, Pollard. Wheeler, Young and Mayor Stoller ............................ 7. NAYS: None .................... O. WATER DEPARTMENT: Council havtn9 referred to a ccmmittee composed of Messrs. Roy R. Pollard, Sr., Chairman, Arthur S. Owens, Raymond E. Pillow and Bueford B. Thompson, for tabulation and report, bids received off a platform dump truck for the Water Department, the committee submitted a written report, together with a tabulation of the bids showing the bid of the Diamond Chevrolet Corporation at a net sum of $4,960 foo.b. Roanoke, Virginia, as the low bid. Mr. Pollard offered the following Resolution accepting the bid of the Diamond Chevrolet Corporation: (=15628) A RESOLUTION accepting the proposal of Diamond Chevrolet Corporation for supplying one new two-ton cab and chassis; authorizing the Pur- chasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 27, page 52.) 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 Stoller ............................ 7, NAYS: No~e .................... SEWERS AND STORM DRAINS: Council having referred to a committee composed of Momars, Walter L, Young, Chairman. Arthur S, Owens and fl, Cletus Oroyles, rot tabulation and report, bids received on drilling drainage wells at various locationsi in the Williamson Road area, the Committee submitted a written report, together with' a tabulation of the bids showing the proposal of G, C, Kioberlin and Son in the amount of $28,605,50 as low bide and recommended that the contract be awarded to ~, C, Klmberlin and Son. Mr. Young moved that Council concur in the recommendation of the committee. and offered the following emergency Ordinance: (#15629) AN ORDINANC£ accepting the proposal of G. C. Kimberlin ~ Son for drilling drainage wells at various locations ia the #liliamson Road area; authorizing tko proper City officials to execute the requisite contract; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 27, page Mr. Young moved the adoption of the Ordinance, The motion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, ~heeler. Young and Mayor Stoller ............................ NAYS: None ....................O. Mr. Dillard then moved that the City Manager be requested to furnish the members of Council with a list of the locations of the drainage wells to be drilled in the Williamson Road area. The motion was seconded by Mr. Rheeler and unanimously adopted. SIDEWALK, CURB AND CUTTER: The committee appointed to tabulate bids received on the construction of concrete curb and gutter and concrete sidewalk at various locations in the City of Roanoke submitted the following report: 'Roanoke, Virginia March 2, 1964 To the City Council Roanoke, Virginia Gentlemen: Attached hereto is a tabulation of bids on construction of concrete curbe gutter, and sidewalk at various locations in the City of Roanoke, which bids were opened before City Council on Monday, February 24, 1964, The low bid was submitted by H ~ S Construction Co. in the amount of $108,285,00, Included in the 1964 budget there is appropriated $100.000,00 for concrete curb, gutter, and sidewalk. R ~ S Construction Co. has agreed in writing to reduce the total contract price to $100,000.00 using the same unit prices set forth in their bid. It is {ecommended that the contract be awarded to H ~ 5 Construction Co. in the amount of $100eO00.O0 and that the sum of $19.00 be appropriated to corer the advertising cost. Respectfully submitted, S/ Vincent $. Wheeler Vincent So Nheeler, Chairman S/ Arthur $. Owens Arthur S. Owens $/ H. Cletus Oroyles H. Cl~tus Broyles' 494 After a discussion of the matter, the Olty Andltor advising that it will not be necessary to appropriate,be sum~of $19 'at the present tine, Mr, ~heeler moved that Council concur in the~ recommendation of the committee that the proposal or the fi. 6, S,' Construction Company he accepted and offered the f,Il,ming emergenc Ordinance: (~15630) AN ORDINANCE accepting the proposal of H. 6 S. Construction Company for the construction of concrete curb and gutter and concrete sidemalk at various locations in the City of Roanoke (1964); 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. 27. pa~e Mr. Rheeler 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 ............................ ?. ~AYS: ~one ....................O. At this point. Mr. Jones moved that the City Ranager be requested to furnish Council a cost estimate for replacing ~ith concrete sidewalk the existing (For full text of Ordinance, see Ordinance Book NO. 27, page 54.) AYES: Messrs, Dillard, Garland, Jones, Pollard, Nheeler, Young and Mayor Stoller ............................ T, NAYS: None .................... O, Mr, Wheeler then offered the foil*ming emergency Ordinance appropriating (#15632) AN ORDINANCE to amend and reordain Section $170. *Capital,# of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 55.) Mr, Nheeler moved the adoption Of the Ordinance. The motion nas seconded by Mr, Dillard and adopted by the following rote: AYES: Messrs, Dillard, Garland, Jones, Pollard, Rheeler, Young and Mayor Stoller ............................. 7. NAYS: None .....................O. UNFINISHED OUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INYRODUCYlON AND CONS1DERAYION OF ORDINANCES AND R~OLUTIONS: PARKS AND PLAYGROUNDS: Ordinance No, 15618, approvin9 the report of the committee heretofore appointed to study the question of making certain improvements to Rockledge Inn and the advisability of authorizing a lease Of said Inn to Roanoke Summer Theater, Incorporated, for use as a summer theater, havin9 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: (=15618) AN ORDINANCE approving the report of the committee heretofore appointed to studl the question of making certain improvements to Rockledge Inn and the advisability of authorizing a lease of said Inn to Roanoke Summer Theater, Incorporated, for use as a summer theater. (For full text of Ordinance, see Ordinance Book No. 27, page 46.) Rt. Youn3 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, Wheeler, Young and Mayor Stoller ........................... NAYS: None ....................O. SPECIAL PERM1TS-STREEYS AND ALLEYS: Council having directed the City Attorney to prepare the proper measure permitting Blue Ridge Rotors, Incorporated, to continue the encroachment of a carport on city property on the east side of Seventh Street, S. W,, adjacent to its property at 641 Campbell Avenue, S, W,, for a distance of approximately 30 inches at the pleasure of the city. he presented same; whereupon, Mr. Pollard offered the following Resolution: (=15633) A R~SOLUTION granting a permit to L. O. Brown. Jr., to continue an existing encroachment from his property located on the northeast corner of Campbell Avenue and 7th Street, 5. Mo (For full text of Resolution, see Resolution Rook No. 27, page 495 496 Xr, Pollard moved the adoption.of the Res*lotion. The motion mas seconded by Mr, Nb*clef and adopted by the foil*ming vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Mheeler, Young and Nsyor Stoller ............................ ?o NAYS: None ....................O, SALE OF PROPERTY: Council having directed the City Attorney to prepare the proper measure providing for the sale of property located on the north side Madison Avenue, N, E., east of Fifth Street, described as Lots I and 2, Block R. L. ~ I. Map, Official Tax Nos. 3021001 and 3021002, to the Magic City Motor Corporation for the sum of $500, he presented same. In this connection. Mr, E. James Sayer, City Engineer, presented a map of the area and advised it ii possible a portion of the two lots will be needed if and when McDo~ell Avenue is extended. After a discussion of the matter. Mr. Jones voicing the opinion that perhaps the greater portion of the two lots could be sold to the Magic City Motor Corporation and the portion needed for possible extension of RcDowell Avenue retained by the city. Mr. Wheeler moved that action on the matter be deferred until the next regular meeting of Council, The motion mas seconded by Mr. Jones and unanimously adopted. PARKS A~D PLAYGROUNDS-HAROAGE REMOYAL: Council having concurred in the recommendation of a committee that the city accept the offer of liar C. aud Verna M. Ferguson to sell their property located on Mason Mill Road, N. E., Official Tax No. 3121917, for the sum of $5,000, in connection with the construction of a low-water bridge across Tinker Creek in the vicinity of the East Gate landfill, and having referred the matter to the City Attorney for preparation of the proper measure, he presented same; whereupon, Mr. Wheeler moved that the following Ordinance be placed upon its first reading: (=15634) AN ORDINANCE approving a report of this Councll*s Incinerator Committee; accepting an option from Iler C. and Verna M. Ferguson to sell the City real estate designated as Official~ax No, 3121917; authorizing the construction of a low-Hater bridge across Tinker Creek in the vicinity of Graig Road; and continuing: said committee so it may report on the advisability of purchasing other real estate adjoinin9 the City's landfill site: WHEREAS, under date of February 20, 1964, this Council filed a report and recommendation with reference to the matters stated in the captJou hereof, which said report is on file in the office of the City Clerk and in which said report this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the aforesaid report of February 20, 1964. on file in the office of the City Clerk be, and the same is hereby, ratified and approved. 2 That the option from ller C and Vernu M Ferguson to sell and convey real estate located on Mason Mill Road at Craig Road, designated es Official Tax Wa. 312191?, in fee simple by deed containing general warranty and modern english covenants for $$,000 cash be, and said option is hereby, accepted. 3. That the City Attorney cause a requisite examination of the title of the aforesaid real estate to be made and, if the owners thereof may lawfully convey the unencumbered fee simple title thereto unto the City by deed containing general marranty and modern english covenants Of title, to accept such deed on behalf of the City and to deliver unto the party entitled to receive the same this City*s voucher in the amount of $5.000 Jn exchange for such deed properly executed; which voucher the City Auditor is hereby authorized to deliver to the City Attorney, payable as directed by said Attorney upon request for use as aforesaid. 4. That the City Manager be, and he is hereby, authorized and directed, upon being advised by the City Attorney that the deed contemplated in the preceding : paragraph has been executed, delivered to the City and properly recorded, to cause a lom-water bridge to be constructed across Tinker Creek in the general vicinity of Craig Road. 5. That the aforesaid committee be, and is hereby, continued for the purpose Of continuing its consideration and recommendation regarding the advisability of the City acquiring four houses and fifteen lots assigned Official Tax Nos. 3230201 through 3230215, which properties adjoin the City*s land fill site and which face on North Avenue. The motion was seconded by Mr. Dillard and adopted by the folloming vote: AYES: Messrs. Dillardt Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ 7. WAYS: Wone ....................0, MO~IONS AND MISCELLANEOUS BUSINESS: FIRE DEPARTWENT: Rt. Wallace M. Mattox, former member of the Fire Department, appeared before Council, pointing out that he has announced his candidacy for City Council in the June election and that the rules and regulations for the Fire Department might prevent firemen from supporting his candidacy in that they bar firemen from taking part in political elections other than voting or distri- bating political material, Mr. Mat*ox stating that he does not think the City Manager should have the right,to take away the constitutional rights of the firemen if they want to work at the polls for him. Council indicated an interest in studying the rules and regulations of the Fire Department. On motion of Mr. Nheelert seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: Mayor 497 498 COUNCIL. RECULAR MEETING. Monday. March 9. 1964. · The Council of the City of Roanoke Met in regular meeting In the tins*lags Coortroom in the Municipal Building. Monday. March 9. 1q64. at 2 pom;. the regular Meeting hour. mith Mayor St*liar presiding. PRESENT: Councilmen Hen*on O. Dillard. Robert A. Garland. Roy R. Pollard Sr.. and Mayor Murray A. St*liar ................ 40 ABSENT: Councilmen James E. Jones. Vincent S. Rheeler and Mai*er L. Young ........................................... OFFICER5 PRESENT: Mr. Arthur $. Owens. City Manager. Mr. Randolph G. Nhittle. City Attorney. and Mr. J. Robert Thomas. City Auditor. IN¥OCATION: The meeting was opened with a prayer by the Reverend Herbert Moore.. Pastor. Nas*hampton Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. February 24. 1964. having been furnished each member of Council. on motion of Mr. Pollard, seconded by Mr. Garland and unanimously adopted, the reading thereof mas dispensed ~ith and the minutes approved as recorded. HEARING OF CITIZEN5 UPON PUBLIC MATTERS: NONE. P~TITIONS AND COMMUNICATIONS: ZONING: A comminication from Mr. English Showalter. Attorney. representing Yorktolqn Limited Par'tnership aod The Colonial-American National Bank of Roanoke. requesting that O.15fl-acre and O.32?-acre of a tract Of land located on the south side of Brandon Avenue, S. N., adjacent to the west corporate limits, described as Official Tax No. 1620101. lying on both sides of Edgewood Street (extended) and being shown as Parcels I and 3 on a plat dated September 11, 1963, be fez*ned from Special Residence District to Business District, was before Council. On motion of Mr. Garland, seconded by Rr. Pollard and unanimously adopted, the request ~as referred to the City Plannin9 Commission for study, report and recommendation to Council. ZONING: A communication from Mr. Peter N. Ap*st*Ion. reqoestin9 that property in the block bounded by Eighth Street. Level*on Avenue. Liberty Road and tt~nt Avenue (extended). N. W.. described as Lots 1. 3. 4-A and 4-B. Block d. Grandviem Addition; Lots I and 2. R. A. Mays Map; and Acreage. Watts Farm. Official Tax Nos. 2060901, 2060905, 2060906, 2060907, 2060908 and 2060911, be rezoned from General Residence District to Special Residence District. was before Conncil. 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. ZONING: A communication from Mr. Evans B. Jess,e. Attorney. representing Mrs. Hugh M. Mo*maw and the Pet Milk Company. requesting that property locate'd on the southwest corner of Rorer Avenue and Eleventh Street, S, W,, described os the northerly part or Lot 9, Rloeh 29, F, Rorer Rap, Official Tan Ro, 121291?, be reaoned from Special Residence District to Business District, Was before Council, On notion of Mr, Garland, seconded by Hr, Pollard and unanimously adopted, the request nas referred to the City Planning Commission rot study, report and recomuendatlon to CooncJlo STREETS AWD ALLEYS: A petition of Hr, John L, Ralker, Jr., Attorney, representing the. Safety Motor Transit Company, requesting that an alley between Twelfth Street and Thirteenth Street, S. £** parallel to Caupbell Avenue and Kith Avenue, be vacated, discontinued and closed for a distance of 61,74 feet west Of Thirteenth Street on the north side and 64,01 feet on the south side, was before Council, Mr. Garland offered the following Resolution appointln9 viewers in connection with the request: i=15635) A R£$OLUTIOW providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Safety Motor Transit Company to permanently vacate, discontinue and close a portion of that certain alley running through Block 13, according to the Map Of East Side Land Company. (For full text of Resolution, see Resolution Book No. 27, page 58.) 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, Pollard and Mayor Stoller ..............4. NAYS: None .............................................................O, (Messrso Jones, Wheeler and Young absent) Mr. Pollard then moved that the request be referred to the City Planning Commission for study, report and recommendation to Council. ~he motion was seconded by Mr. Garland and unanimously adopted. TRAFFIC: Council having previously adopted un Ordinance directing the erection of a vehicular barricade across Corbieshaw Road, S. N., at the west corporate limits, a communication from Mr. T. L. Plunk*ti, Jr** Attorney, repre- senting Mr. Herman F. Larson, owner of property in Roanoke County southwest of the city, advising that there is a dwelling house on the property which has a right of 'way for ingress and egress over private property into Corbieshaw Road at the corporate limits, that it is imperative the right of Mr. Larson to the private nay extending from Corbieshaw Road to the dwelling house on his property be respected, and requesting that Council arrange to have the street opened in a manner sufficientl for vehicular traffic to and from the dwelling house, was before the body. In this connection, Mr. L. S. Leedy and Mr. L. R. Carr appeared before Council and advised that the residents of Corbieshaw Road are 100% opposed to removin9 any portion of the barricade, Rr. Leedy informing the body that the barricade has already been partially removed and trucks are going back and forth to the swimming pool which is being constructed at the end of the street in the county. 499 500 The City Manager.pointed ant that the trucks are circumventing the barricade.by going across e private.road uhich has recently.been created with the use of a bulldozer and that there is nothing the city can do about the matter, Mr, Dillard uoved that the request be denied, The motion was seconded by Mr. Stoller and unanimously adopted, REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a mritten report, recommending that a street light he installed on Marvin Street, S. E,, between Riverdale Road and Edgerton Avenue+ Mr, Garland noted that Council concur in the recommendation of the CitT Manager and offered the following Resolution: ¢m15636} A RESOLUTION authorizing the installation of one 2500 lumen o~erhead Incandescent street light on Marvin Street. midway between Rlverdale Road and Edgerton Avenue, S, (For full text of Resolution. see Resolution Book No. 2~, page 59.) Mr. Garland moved the adoption of the Resolution, The notion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs. Dillard, Garland, Pollard, and Mayor Stoller .............4, NAYS: None .............................................................O, (Messrs. Jones, Mheeler and Young absent) FIRE DEPARTMENT: The City Manager submitted a written report, advising that the new Garden City Fire Station is completely finished with the exception of a few minor items and that the contractor for the prqject has requested that instead of the city holding back the normal 10~ until all work is accomplished the sum of $300 be withheld, the City Manager recommending that the Garden City Fire Station be accepted and that the City Auditor be authorized and directed to pay all sums due for the construction thereof except $300, Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the followin9 Resolution: (g15637) A RESOLUTION directin9 the acceptance of the Garden City Fire Station but, nevertheless, directing the ~ithholding of $300.00 toassure performance of the 'final touches'. (For full text of Resolution, see Resolution Book No. 27, page 60.) 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, Pollard and Mayor Stoller .............. NAYS: None ............................................................. (Messrs. Jones, Mheeler and ¥oqng absent) In this coonection, Mayor Stoller relinquished the Chair and moved that the City Manager arrange dedication ceremonies for the new Garden City Fire Station ~ to be held at 2 p.m., March 15, 1964, ~ith open house immediately following the dedication. The motion was seconded by Mr. Dillard and unanimously adopted. 501~ RADIOS-PARKS AND PLAYGROUNDS: The City Manuger submitted the foil*wing report with regard to specifying the site of the radio broadcasting tower on Hill Mountain: "Moan*he, Virginia March 3, 1964 The Bun*Fable the Council of the City of Roanoke Gentlemen: As each of you know, the late Juniua B. Fishburn and his wife donated most of the top of Mill Mountain to the City for park purposes. Be reserved, however, a perpetual easement in a snail plot of about 70 x 80 feet at a suitable site On the top to be selected for broadcasting purposes. Be later trans- ferred this easement to the Vlmes-I~orld Corporation and at the request of Mr. M, M. Armistead, III, his attorney, Mr. M, P, Bazlegrove, has prepared, first, an agreement fixing the boundary of the reserved easement; second, a contract of lease between Times-Morld Corporation and the City of Roanoke, leasin9 the tower on this perpetual easement to the City for a sum equal tO the current yeares property taxes assessed against Times- Morld on account of its exclusive easement; and, third, an emergency ordinance authorizing the proper City officials to execute the two instruments immediately above-mentioned, a copy of each of which is herewith attached. Both Mr. Mhittle and I have carefully read these papers and they meet with our unqualified approval, We, therefore, recom- mend the adoption of the ordinance which, as stated, authorizes the execution of the other two instruments. Respectfully submitted, S/ Arthur S. Owens Arthur S, Owens City Manager' Mr. Dillard moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~lS63fl) AN ORDINANCE providing for the recognition of the exclusive and perpetual easement owned by Times-t~orld Corporation in and to a specified site and tower on Mill Mountain and fixing the boundary of said site, and providing for the acquisition by the City of Roanoke, by lease, of specified rights of use of said site and tower thereon upon certain terms and conditions. WlIEREAS, the late Junius B. Fishburn and Grace P. Fishburn. his wife, by deeds dated February 19, 1941, and March 19, 1942, recorded in the Clerk*s Office of the Hustings Court of the City of Roanoke, Virginia, in deed Book 663, page 191, and Deed Book 674, page 158, respectively, conveyed to Roanoke the therein described parcels of land containing in the aggregate approximately 135 acres on Mill Mountain for park pruposes, to be known as Bill Mountain Park (such real estate so conveyed by the aforesaid deeds being hereinafter }eferred to in the aggregate as "Mill Mountain Park lands'); and MB£R£AS, the grantors in each of the aforesaid deeds expressly reserved unto themselves, their heirs and assigns, specific broadcastin9 rights on the parcels Of land conveyed in the aforesaid deeds, the exact site Of which to be agreed upon by the grantors, their he'rs or assigns, and Roanoke; and I~IIEREAS, by deed dated April 15, 1942, and recorded in the aforesaid Clerk*s Office in Deed Book 1136, page 380. the said Junius B. Fishburn and Grace P-i Fishburn, his wife, by specific reference to the foreooing deeds conveyed their 502 reserved rights to TJmes-Rorld, which is the present exclusive owner thereof; end RHEREASo Roanoke has heretofore leased from Times-World the erorementioee~ site and radio broadcasting tomer, with related lighting equipment thereon, by lease dated February 14t 1963. and Roanoke and Tlmes-Rorld are mutually desirous of rescinding and cancelling said lease and executing a neu lease with respect to the same. to become effective as of January 1, 1964. TDEREFORE, BE IT ORDAINED by the Council of Roanohe that the City Manager be and he is hereby authorized and directed for and on behalf of Roanoke to enter into and to execute and the City Clerk to affix and attest the Roanoke seal to that certain 'Agreement Fixing Boundary of Reserved Easement' to be dated the date hereof, wherein Roanoke recognizes, grants Dad conveys unto Times-Morld, its to use and occupy that certain rectangular plot of land located on or near the top of Mill Mountain in the City of Roanoke, Virginia. BO x ?0 feet, on uhich there are presently located a one-story brick building and transmitter to.er, which said tract of land is more particularly described cad referred to in the aforementioned Agreement, together with an easement of access across the remaining lands of the Mill Mountain Park lands for the purpose of ingress and egress to and from such site and the right to erect, construct, maintain and replace such tower, appliances, accessories and instrumentalities used or useful in connection with boradcasting purposes on said site. BE IT FURTDER ORDAINED that the foregoing recognition, grant and con- veyance shall be in full satisfaction of the rights and privileges reserved by the late Junius P. Fishburn and Grace Po Fishburn, his wife, in the several deeds conveying the Mill Mountain Park lands to Roanoke, subject to the express provision,i however, that in the event Times-World, its successors or assigns, shall at any time hereafter be required by any court or governmental agency or authority to abandon, in whole or Jn part. the above designated plot as a broadcasting site. or to remove the transmitter tower from its location thereon, or be required to change or alter its structure, or be limited or restricted in its use of any of its appurtenant facilities Jn such manner or to such an extent as to materially affect its use or usefulness, then another suitable site or plot of land of substantially ?0 x 80 feet shall be selected by Times-World, its successors or assigns, on the properties conveyed to Roanoke by the aforesaid Fisburn deeds, and Times-World, its successors or assigns, shall have the same rights and privileges with respect to such new site or location as are herein and in the Agreement provided with respect to the hereinabove=descrtbed and designated plot of land, to the end that Times- World, its successors and assigns, may at 'all times hereafter have a suitable broadcastin9 site on the aforesaid Mill Mountain Park lands, and upon the determina- tion, recognition and conveyance to Times-World, its successors or assigns, of any hem site or plot by un appropriate instrument of like effect as this Ordinance and the Agreement, all rights, title and interest of Times-Rorld in nnd to the hereinabov~- described and designated plot, or any other plot selected la substitution therefor, shall revert to Roanoke. DE IT FURTHER ORDAINED by the Council of Roanoke that the City Manager be and he is hereby authorized and directed, for and on behalf of Roanoke. to enter into and execute a Contract of Lease dated the date hereof, pursuant to which the current lease between the parties Is mutually rescinded and cancelled as of midnight,~ December 31, 1963, and under which Roanoke will lease fromTimes-#orld the afore- mentioned site. together uJth the broadcasting tower and lighting equipment non installed thereon, for a period of one year. commencing as of January 1. lqb4o and. ] at the option of Roanoke, for four successive, one-year terms, at an annual rental ~ payable initially July 1. 1964, and on each subsequent July 1 of each extended term !thereof, in a sum equal to the then current yearts property taxes assessed against ~ Times-World on account of its exclusive easement in and to the tract of land hereinabove described and referred to and on account of its ownership ~f the transmitter tower and accessories thereon attached and affixed; provided, neverthe- less, that either party may terminate said Contract of Lease at the end of any one-year term by giving the other par ty 30 day st uti*ten notice of its intention so to do, said lease to contain, among other things, the following additional conditions and provisions, namely: (a) Roanoke shall have the right to mount such electrical equipment on said tower as it may desire, provided it does not damage said tower. (b) Roanoke shall properly maintain said tower in 9amd condition and repair. (c) Roanoke shall maintain said tower and the lighting thereon in accordance with the rules and regulations of the Civil Aeronautics Administration. (d) Roanoke shall bear all loss and any liability on account of its use of said tower and shall carry or pay in full the premium for adequate all-risk or physical damage in surance on said tower and shall carry or pay the premium for at il'least$100,O00.O0 per person and $200,000.00 per accident comprehensive liability insurance on said tower. (e) The Contract of Lease and the rights therein shall not be assignable ;Shy Roanoke. but it shall have the right to sublet, subject to the rights and ! re servations therein contained, the tower and the building comprising part of the idemised premises, in whole or in part, to: (i) a public service corporation, as defined by Section 56-1 of the Code of ¥irginia of 1950, as amended to date, which provides public communication service under license from the Federal Communications Commission; and iii) to any federal, state or governmental agency for such agency*s own communications functions. 503 (f) Tlmes-Morld reserves the right to ese the demised pr*Bises Jointly with Roanoke and the permitted sables,es, and at its own cost,Bad expense to attach end install eey of its *mn radio of television broadcasting OF communi- cations equipment on said tower; provided that such use does not seriously interfere with Roan*kef, use of the demised premises; or, in the event that lntereference with Roan*he's use would necessarily result therefrom, Times-Morld reserves the right to terminate said Contract of Lease at the end of any caleedor month during the term, or any continuation thereof, upon giving to Roanoke not less than days' notice, in wFiting, Of its intention so to ternlnate. (g) In the event Times-World is precluded by the Federal Communica- tions Commission, or a court having proper jurisdiction, from using its television transmitter site on Poor Mountain, it shall, after first giving 10 days' written natlce to Roanoke, fully repossess the demised premises, free nad discharged of all of the said terms of the Contract of Lease, except the right of Roanoke to remove within six months thereafter the one-story brick building located thereon, (h) No advertising signs shall be placed upon said tower other than an appropriate identification sign to be approved by the parties thereto. The motion was seconded by Mr. Pollard and adopted by the following vote: AYE.5: Messrs. Dillard, Garland, Pollard and Mayor St*lieF ............. 4. NAYS: None ............................................................O, (Messrs. Jones, Wheeler and Young absent) STATE HIGHWAYS-WATER DEPARYRENT: The City Manager submitted a written report, recommending that he be authorized to enter into a utility agreement with the Virginia Department of IItghways for the relocation and adjustment of water line facilities from Shenandoah Avenue to the south side of Elm Avenue, 50 E,, in- connection with the Interstate 581 project, at an estimated cost of $46,414.98, which amount will be reimbursed to the City of Roanoke by the Virginia Department of! Highways, Mr. 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, BUDGET-PAY PLAN: The City Manager submitted the following report, recommending that certain vacancies in various municipal departments he filled since they are of an emergency nature: To the City Council Roanoke, Virginia Gentlemen: *Roanoke, Virginia March 9, 1964 The following employees are needed for efficient operation of the City. They ore as follows: ~ustings Court - ~he unfortunate death of Mrs, Morris leaves the J~dge of the Hustings Court without secretarial assistance. I recommend that you authorize employment of the personnel for this department. ~05 Cltf Done - Our operations at the City Done require care around the clock and one of our orderlies, Mliliam Callnads, resigned leaving n vacancy in this position. I recomtend that I be authorized to fill this vecancy. Police Department - ! am In receipt of a letter frou the police superintendent advising me as O result of a resignation and transfer he bas two positions open in the police department uhich need filling l~unediately. ! urge your consideration and recom- mend that they be employed. Mater Department - Due to resignation, the water department is In need of n Shop Clerk. Grade 17, effective April Respectfully submitted, S/ Arthur S. Owens City Manager" Mr. Dillard moved that Council concur in the recommendations 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. SIGNS: The City Danager submitted a written report, transmitting a request of the Rilliamson Road Kiwanis Club, Lions Club and Rotary Club that the civic clubs of the Williamson Road area he permitted to install a Joint sign containin9 their club plaques and place and time of meetings in the 5200 block of Milliamson Road, the City Manager advising he cannot recommend that this permission be granted, Mr. Dillard moved that the matter be referred back to the Gity Manager to ascertain whether or not a compromise can be worked out. The motion was seconded by Mr. Garland and unanimously adopted. FIRE DEPARTMENT-POLICE DEPARTMENT: The City Manager submitted the following report with regard to changes in personnel in the Fire Department and the Police Department during the month of February, 1964: 'Roanoke. Virginia March 9, 1964 Employed Gary D. Harris Feb. 17, 1964 Kenneth L. Sowder Feb. 17, 1964 Raymond K. Cromer Feb. 17, 1964 William L. Shelton Feb. 17. 1964 John R. Milliron Feb+ 17, 1964 Sidney M. McCune Feb. 17, 1964 Sam E. Terry Feb. 17, 1964 Robert K. Collins Feb. 24, 1964 There were no resignations or retirements in the Fire Department during Febrnary, In the Police Department, Mr. Kyle Lo Short resigned as patrol- man on February 14, and two patrolmen, Mr. William E. Richardson and Mr. Jerry E. Dean, were hired during the month, Respectfully submitted, S/ Arthur S. Owens City Manager" To the City Council Roanoke, Virginia Gentlemen: During the month of Feb}usry new personnel were added to the Fire Department. They are as follows: 506 on motion of Hr. Garland, seconded by Mr, Pollard and unanimously adopted~ the report mas flied, In this connection, Mr. Dillard coomented that several citizens have cooplalned that the City Charter has been violated in the employment of some of the firemen in that they have not been residents of the City of Roanoke for a period of tm,lye months prior to their eoployment by the Fire Department. The City Maooger advised that he mould look into the matter, REPORTS OF COMMITTEES: AUDITS-SCHOOLS~ The Audit Committee composed of Messrs. Roy R. Pollard, St.. Chairman. Benton O. Dillard and Morrny A. Stoller submitted a written report, transmitting a report of the City Auditor, together with copies of School audit reports of the General Account of the Roanoke City School Doard for the year ended December 31, 1962, and the A. F. Fisher Special Fund tar the prJod beginning January 1, 1962, and ending November 30, 1963. Mr. Garland moved that the report be received and filed. The motion was seconded by Mr. Dillard and unanimously adopted. TRAFFIC ENGINEERING AND COMMUNICATIONS: The committee appointed to tabulate bids received for traffic paint and 91ass traffic beads submitted the following report: "March 4, 1964 The City Council Roanoke, Virginia Gentlemen: Bids were opened and read before Council on March 2, 1964 for supplying Traffic Paint and Glass Traffic Beads to the City of Roanoke. The Committee recommends that the low bids be accepted as follows: Baltimore Paint ~ Chemical Corporation 1,020 gals. White Traffic Paint No. 42 $1.55 gal., Total $1,591.00 1,740 gals. Yellow Traffic Paint No. 43 $1.44 gal** Total $2o505.60 Jaeqle Paint ~ Varnish Company 700 gals. Chlorinated Rubbert ~hite Traffic Paint $2,05 gal., Total $1,435o00 The Sherwin-Williams Company 12,000 gals. Glass Traffic Beads $.1127 lb., Total $1,352.40 The above prices are net, F.O.B. Roanoke, Virginia. Respectfully submitted, S/ Robert A, Garland Committee: Robert Aa Garland. Chairman $/ Arthur Sv Owens Arthur S. Owens S/ B. Bt Thompson Bm*ford g. Thompson S/ J, D, Sink ~. D, Sink" Mr. Garland moved that Council concur in the recommendations of the committee and offered the following Resolution: (#15639) A RESOLUTION accepting certain bids for sapplyia9 traffic paint and glass traffic bends to the City of Roanoke. (For full text of Resolution, see Resolution Book No, 2?,page 60,) 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, Pollard and Raybr Stoller ..............4,~ NAYS: None .............................................................O w (Messrs. Jones, Rheeler and Young absent) UNFINISHED BUSINESS: SEWERS AND STORM DRAINS: Council at its last regular meeting having deferred action until its regular meeting on March 23. 1964. with regard to a Revolution of the Board of Supervisors of Roanoke County, requesting that the contract hetmeen the City of Roanoke and the County of Roanoke dated September lgS4. dealin9 with the treatment of domestic and commercial wastes, be amended by adding thereto a 3?-acre tract of land adjacent to Section 2. Jefferson Bills. and the Roanoke Technical Institute. in the vicinity of Dogwood Lane. Rayor St,liar stated that Mr. Jones had indicated to him a desire to refer the request to a com- mittee as soon as possible so that it might be determined whether or not city sewer lines are adequate to accommodate the area in question. After a discussion of the matter. Mr. Dillard protesting that Council objects to the Roanoke County Sanitation Authority yet. in effect, supports the Sanitation Authority when it approves the inclusion of additional areas in its contract with Roanoke County. Mayor St.lieF relinquished the Chair and moved that the request of the Board of Supervisors be referred to a committee composed of ' Messrso Walter L. Young, Chairman, Arthur 5. Owens, Randolph G. Whittle and Roy L. Webber for study, report and recommendation. The motion was seconded by Mr. Pollard and adopted, Mr. Dillard voting no. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15620. fez,nih9 property located on the southeast Corner of Orange Avenue and Vinton Mill Road. N. E.. fronting 119.0 feet on Orange Avenue and 323.7 feet on Vinton Mill Road, containing approximately 0.87 acre and described as Lot 1. Short Estate Map, Official Tax No. 3330501, 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: (~15620) 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. 27, page 56.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the fo~lowing vote: 507' 5O8 AYFq: Messrs. Dillard, Garland, Pollard and Mayor St,lief .............4. NAYS: None ............................................................O, (Messrs. Jones, Mheeler and Young absent) PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Ordinance No. 15634, approving a report of the Incinerator Coumlttee, accepting an option from Ilar C, and Yernn #o Ferguson to sell the City of Roanoke real estate designated as Official Tax No. 312191?, authorizing the construction of a low-water bridge across Tinker Creek in the vicinity of Craig Road and continuing said committee so it may report on the advisability of purchasing other real estate adjoining the East Gate landfill site, 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: (~15634) AN ORDINANCE approving a report of this Council's Incinerator Committee; accepting an option from liar C, and Verna M. Ferguson to sell the City real estate designated as Official Tax No. 3121917; authorizing the construction of a low-water bridge across Tinter Creek In the rlcinity of Craig Road; and continuing said committee so it may report on the advisability of purchasing other real estate adjoinin9 the City's landfill site. (For full text of Ordinance, see Ordinance Book No. 27, page S?.) 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, Pollard and Mayor St.lief .............4. NAYS: None ............................................................O. (Messrs. Jones, Nheeler and Young absent) SALE OF PROPERTY: Council at its last regular meeting having deferred action on an Ordinance providing for the sale of property located on the north side of Madison Avenue. N. E., east of Fifth Street, described as Lots I and 2, Block B, R. L. ~ I. Map, Official Tax Nos, 3021001 and 3021002, to the Magic City Motor Corporation for the sum of $500, with a view of retaining that portion Of the property needed for possible extension of McDowell Avenue, the matter was again before the body. Mr. Garland moved that the Ordinance be carried over until the next regular meeting of Council. Yhe motion was seconded by Nr. Pollard and unanimously adopted. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. Off motion of Mr. Dillard, seconded by Mr. Garland and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: /d /City Clerk Mayor COUNCIL, REGULAR MEETING Monday, March 16, 1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the #.nlclpal Building, Monday, March 16, 1964, at 2 p,m., the regular meeting hour, with Mayor St*lief presiding, PRESENTc Councilmen Robert A. Garland, Roy R. Pollard, SF., Vincent S. Nbeeler, Nalter L, Young and Mayor Rarrny A. St*lieF ABSENT: Councilman James K. Jones .................................... I. OFFICERS PRESENT: Mr. Arthur Rhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The me.tin9 was opened with a prayer by the Reverend S. E. Mitchell, Pastor, First Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on Monday, March 2, 1964, having been furnished each member of Council, on motion Of Hr. Mb.cleF, 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: ZONING: Council having previously set a public hearing for 2 p.m., March 16, 1964, on the request of 201 property owners that certain properties in the area west of Williamson Road, N. M.. between Oakland Boulevard and Ray.mw*od Avenue, be Fez*ned from Special Residence District to General Residence District, the matter was before the body. In this connection, Mr. Richard F. Pence, Attorney, representing the petitioners, appeared before Council and presented additional petitions signed by 19 property owners, requesting that the properties in question be Fez*ned from Special Residence District to General Residence District, Mr. Pence pointing out that the request of the property owners has been brought about by plans to construct a high-rise apartment building on Cedarhurst Avenue, Mr. Charles D. Fox, III. Attorney, representing Mr. Larry H. Thacker, stated that his client desires to purchase Lots $ and 9, Block 7, Milliamson Court Maps Official Tax Nos. 2160811 and 2160812, for the purpose of constructing the apartment building thereon, that the site in question was chosen after lon9 and careful study, that various commitments have already been made and certain expenses incurred, that his client has no objection to the proposed fez*ming as long as he can go ahead with his plans for the construction of the apartment building, but that he would prefer to have the two lots exempted from any fez*ming, Mr. Peace replied that his clients are strenuously opposed to any exemption in the proposed fez*ming, that the developer of the apartment building has had since August to develop plans and apply for a buildin9 permit, that if an Ordinance approving the fez*ming passes on its first reading at the present meeting and is finally adopted at the next regular meetin9 of Conncil on March 23, 1964, the developer still,has 37 days within which to complete his plans and apply for n permit, that he has offered to reimburse the developer in the amount of $1tO00 to defray expenses incurred so far. but the offer has been refused. #ro Fox stated his client Is still In the process of developing plans for the apurtmentbulldJng, that he could present a set of plans to the Building Commissioner In applying for a building permit within 37 days, but would rather hare mare time so that better plans can be prepared, Approximately one hundred ptopertF owners appeared Jn opposition to the construction of high-rise apartment buildings in their area and among those speaking wave Hr, Frank L, Zollman, representing his brother, Mr. Warren R. Znllmnn Mr. J. L. flail, Mr, Frank B. belt, Rrm, L, fl. Bailey, Mr. Earl M, Underwood, Jr,, Mrs. H. R, Ballantine and Mrs, E. L, Fitzpatrick, the propeFty owners protesting that high-rise apurtuent buildings would depreciate the value of their residential properties, would cause traffic congestion and would create the problem of adequate water pressure. Rembers of Council indicating a desire not only to prohibit the con- struction of apartment buildings in the area in the future, but to prevent the erection of the apartment building proposed by Mr. Thacker, Rt. Garland asked the City Attorney whether or not there is any way Council can legally do this. the City Attorney replyin9 there is no way Council can prevent Rt. Thacher from obtaining a building permit for the proposed structure within the next $? days if he meets the requirements for a butldiu9 permit. Mr. Wheeler then moved that Council concur in the request of the property owners and that the fQllowing Ordinance be placed upon its first reading: (~15640) 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 certain properties located west Of Williamson Road lB the said city, fronting on the following streets: Cedarhurst Avenue, Broad Street, Clarendon Avenue, Epperly Avenue, Avalon Avenue, Greenlawn Avenue, Shadylawn Avenue, Richland Avenue, Round Hill Avenue, Sunrise Avenue, Grandview Avenue and Highwood Road, N. W** rezoned from Special Residence District to General 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 World-Sews,' a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for iu said notice was held on the 16th day of March, 1964, 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 ~HEBEAS, the application for said rezoning was referred to the City Planning Commission and said Commission made its report to the Council of the City of Roanoke by letter dated February 20, 1964; and · DEREAS, this Council, after considering the matter and the evidence presented, is of the opinion that the hereinafter described land should be rezonedo TDER£PORE, DE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, relating to Zoning, be auended and reenacted in the following particular and no other, VIz,: Properties located west of Willlamson Road in the said city, fronting on the following streets: Cednrhurst Avenue, Broad Street, Clarendon Avenue, Epperly Avenue, Avalon Avenue, Greenlawn Avenue, Shadylawn Avenue. Richland Avenueo Round Dill Avenue, Sunrise Avenue, Grandview Avenue and Highuood Road. N. W** and more particularly described as follows: all of those parcels of land which are presentl: zoned for Special Residence District In that area which is bounded by the followlng]i streets in the Northwest section of the Citl of Roanoke, Virginia: ~illiamson Road'i GU the east. Ravenwood Avenue. Calloway Street and Avalon Avenue on the north * Duff Lane on the west, and Oakland Boulevard on the south. EXCEPT the following psrcels, which are now zoned for Special Residence District and are omitted from the proposed rezoning: Lots 19, 20 and 21, Block !, Epperly Court, being Official Nos. 2160512, 2160613 and 2160614, respectively; Lots I through 7, Block 1, Epperly Court, being Official Nos. 2160621, 2160620, 216061g, 2160618, 2160617, 2160516 and 2160615, respectively; Lots 3. 4, 5. 6, 7, 8 and g, Block 1. Shadylawn Court. being Official Nos. 2161315, 2161316, 2161317, 2161318, 2161319 and 2161320, respectively;' and Lots 60, 59, 58 and part of 57, Ronnd Hill Terrace. being Official Nos. 2080147,~! 2080146 and 2080145, respectively, be, and are hereby, changed from Special Residence District to General 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. Garland, Pollard, Wheeler, Young and Mayor Stoller ...... 5. NAYS: None ............................................................ O. (Mr. Jones absent) LEGISLATION: The Honorable Willis R. Anderson, member of the House of Delegates, appeared before Council to bring to its attention several legislative matters from the recent iession of the General Assembly of direct and immediate interest to the City of Roanoke, Delegate Anderson advising that two Dills were passed at the request of the Council of the City of Roanoke, one permitting the city to acquire land within and without the city, by eminent domain if necessary, for the Blue Ridge Parkway Spur project, and the Other permitting the Council of the City of Roanoke to provide for the annual assessment of real estate for taxation if it so desires, the annual assessments to be completed by the assessor by the 31st day of August of the year in which they are made. Delegate Anderson advised Council that two Bills dealin9 with certain new standardSin redevelopment projects were defeated at its request, that a Resolution directing the State Council of Higher Education to,make · study and report on the educational needs, above high school level, of the Roanoke Valley area, was passed and an appropriation of $2,000 mas approved for this study, that the badger for the next biennium contains a total appropriation of $203,592 for the Roanoke Technical Institute mhich means thor the Institute will operate ut maximum efflciens end usefulness at no cost to the city, and that a Bill was passed directing the State Division pf Parks to study the advisability of establishing a state park in the Smith Mountain - Leesville Reservoir area. Delegate Anderson concluded that several other Bills of general interest which were passed requires that all cities.or municipalities in the state mhich are not now on the fiscal year convert to the fiscal year by July 1, lgG?, estab- lishes a neu school formula under uhich the citywill get $222,:Y~0 more than under the old formula, and approves a neu highway program which will be of benefit to the City of Roanoke, respectively. Members of Council expressed the opinion that it is perfectly obvious the City of Roanoke has been well represented in the General Assembly by its three representatives and expressed their appreciation to Delegate Anderson for his report. PETITIO~ AND COMRUHICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company. trans- mitting a list of street lights which sere installed during the month of February, 1964, was before Council. On motion of Mr. Young, seconded by Rt. Wheeler and unanimously adopted, the communication was filed. ZONING: A communication from Mr. T. L. Plunkettt Jr., Attorney, repre- senting Hr. Leonard W. Weaver, Sr., et ux., requesting that property located on the west side of Patrick Henry Avenue, N. E., and the east side of Byrd Avenue, N. south of Ranter hoad, described as Lots 1-8, inclusive, and Lots 18-29, inclusive, Block 8. Laurel Terrace. Official Tax Nos. 3120801-3120804, inclusive, and 3120809-3120814, inclusive, be rezoned from General Residence District to Light Industrial District, was before Council. On motion of Mr. Wheeler, seconded by Mr. Young and unanimously adopted, the request was referred to the City Plannin9 Commission for study, report and recommendation to Council. STATE HIGHWAYS-HOUSING-SLUM CLEARANCE: The following communication from Mr. William S. Hubard, Chairman of the City of Roanoke Redevelopment and Housing Authority, with reference to conveying several strips Of land located on the south side Of Oranae Avenue, N. E., in the Commonwealth Redevelopment Project area, to the Virginia Department of Biahways for the constrnction of Interstate 881, was before Council: 'February 2?, 1964 Honorable Mayor end Members of City Council City of Roanoke Roanoke, Virginia. Gentlemen: Several $tFips of land on the South side of Orange Avenue in Commonwealth Project are needed for the construction of Interstate $01 by the State Highway Department. These strips of land were among the parcels conveyed to the City of Roanoke Redevelopment and Housing Authority in May and June 1963 by the City in accordance with the Agreement between the City and the Authority, dated December 10, 1957. ~hen the Highmay DepaFtment purchased lands from the Authority for Interstate Route 581, these strips of land were excluded from the purchase. The Highmay Department took the position that these parcels mere parts of the existing right of way of Orange Avenue, having been acquired in 1948 by the City for that purpose mith money of which the Commonwealth supplied 255. The Highway DepaFtment now takes the position that the land must be restored to the right of way category mi,bout cost and used for construction of Route 501. It suggests this be accomplished either by voluntary release or quit claim on the part of the Authority, or by the City re~gMring said land from the Authority. We have advised the Highway Department that it may proceed with its construction, with the understanding that immediate steps be taken to resolve this matter. The City Attorney. Mr. ~hittle. and Mr. Fox. our Attorney. are of the opinion that title to this property is in the Authority and it can sell the land to the Highway Department for its fair market value. The City is affected in this matter by variations which may Occur in the amount of the Cityts participation (one-third) in the cost of the Commonwealth Project. which presently results in an excess credit figure which can be used in financing further Redevelopment Projects. Therefore. if the land is sold by the Authority to the State. the City would receive an increase of its excess credit by one-third of the sales price and would retain the non-cash grant-in-aid on the strips of land estimated at $3500.00. If the land is transferred without cost to the Highway Department. the City would be affected as follows: (1)the increase in excess credits referred to above would be lost to the City. (2) the estimated $i~500.00 as a grant-in-aid to the City would he lost. It will. therefore, be appreciated if Council will advise the Authority of the manner in which it desires that this matter be resolved. Sincerely yours. S/ Wm. S. Hubard Wm. S. Hubard Chairman" In this connection, the City Manager submitted the following report. stating he is of the opinion the land in question should be transferred to the Virginia Department of Highways at no cost: "Roanoke. Virginia March 16. 1964 To the City Council Roanoke. Virginia Gentlemen: You are in receipt of a letter dated February 27. 1964. from Hr. William $. Hubard. Chairman of the City of Roanoke Redevelop- ment and Housing Authority. with reference to certain lots and 6 portions or lots which the Cfm7 transferred to the Redevelopment and Dousing Authority, At m conference lust summer with repre- sentatives of the Dlghoay Department mad the Attorney Generales office, ! assured both of these groups of the City of Rounnhe's lotention to expedite ProJect Sill nad do everything possible that was proper and right to see that the necessary land was made available, The land In question was acquired in 1948, with 50 percent Federal funds, 25 percent State funds and 25 percent City funds and the nap prepared at that tine showed the land as part of the right of way acquisition, I have been advised by Dr. Johnson of the Attorney Generul*s office that although legal title to this land was held by the City of Roanohe that the City held title and trust for the participating purchases and they believe we had no legal right to convey the land to the Housing Authority, Historically. the Virginia State Department of Highways, Commonwealth of Virginia, has never paid twice for land, I am advised by the Attorney Generales office. I do not believe it is the intent of the City Council of the City of Roanoke to require the State and Federal Government to pay again for land that Mas previously purchased out of tax dollars, During our conference last summer, I may have left the representatives of the Attorney Ceneral*s office and the State Department of Highways under the impression that the necessary land would be available when needed. I am of the opinion that the land should be transferred to the State Department of Dighwnys at ua cost and an appropriate adjustment be made in the CJty*s contract with the Roanoke Redevelopment and Housing Authority. Respectfully submitted, S/ Arthur S. Owens City Manager" Mr. ~ Dodn~ Fitzpatrich, At'torney, representing the Virginia Department Of Highways, stated that the map still shows the strips of land la question as a part of the right of way end unless the land is transferred to the Highway Department at no cost a law suit will be instituted by the state, The City Attorney stated that as far as he is concerned the legal title to the strips of land bas been in the city since 1948, but in view of the opinion of the City Manager it is up to Council as to whether or not it should make an issue of the matter. 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 maximum amount of the non-cash grant-in-aid on the strips of land to be }4,000. The motion was seconded by Mr. Young and unanimously adopted. ZONING: A communication from Dr. L. P. Smithey. tendering his reslgnatiom as a member of the Board of Zoning Appeals, effective February 26, 1964, due to ill health, was before Council. Mr. Pollard moved that the resignation be accepted. The motion was by Mr. Young and unanimously adopted. Mr. Wheeler then moved that the City Attorney be directed to prepare the proper measure expressing the appreciation of Council for the services rendered by Mr. Smithey as a member of the Board of Zoning Appeals. The motion was seconded by Mr. Pollard and unanimously adopted. CODWCIL: A communication from Mr, Benton O, Dillarde submitting his resignctlon as a member of City Council, effective March 10, 1964, in order to comply ulth the City Charter for Councilmen mbo desire to become a candidate for the office of Mayor at the election to be held June 9, 1964. was before Council, Mr. Dillard advising that he would be glad to continue to serve on pending committees of which he is a member, Mr, Pollard moved that the resignation be accepted. The motion mas seconded by Mr, Youn9 and unanimously adopted. In this connection, Mr. Wheeler asked the City Attorney mhether or not Council can legally appoint Mr. Dillard to fill out his unexpired term, The City Attorney replied that in his opinion this would be in conflict with the present provisions of the City Charter. Mr. Pollard then raised the question as to whether or not Mr. Dillard may continue serving on committees of which he is a member, particularly the Audit Committee. The City Attorney voiced the opinion that this would be permissible. REPORTS OF OFFICERS: BUDGET-AIRPORT-SNOM REMOVAL: The City Manager submitted a written report,~ recommending that $1,500 be appropriated to Rentals under Section #Rg, "Airport,# of the 1964 budget, for snow removal. After a discussion of the matter, Council being of the opinion that an appropriation can be made at such tie* as there ts another snow, Mr. Mheeler moved that the report of the City Manager be filed. The motion was seconded by Mr. Young and adopted. Mayor Stoller voting no. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted a written report, recommending that he be authorized to issue Change Order No. C-2 with reference to the contract of Pyro Incinerator ~ Supply Corporation for the modernization of the Municipal Incinerator to cover new steel lining for two animal charging chutes at a total cost of $7S0 and that the necessary funds be appropriated for this purpose. Mr. Mheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~15641) A RESOLUTION authorizing the City Manager to issue a Change Order with reference to Contract #C~ between the City of Roanoke and Pyro Incinera- tor ~ Supply Corporation, dealing with the modernization of the City', Incinerator. (For full text of Resolution, see Resolution Book No. 27, page Mr. Mheeler moved the adoption of the Resolution. The motion was seconde~ by Mr. Young and adopted by the following vote: AYES: Messrs. Garland, Pollard, Wheeler. Young and Mayor St*lieF ....... NAYS: None .............................................................O, (Mr, Jones absent) Mr, Yheel~v then offered the f,Il,ming emergency Ordinance appropriating $750: (~15642) AN ORDINANCE to amend and raordaln Section ~170, 'Capital,# of the 1964 Appropriation Ordin~nce, and providing for an eaergency, (For full text of Ordinance, see Ordinance O,oh No, 27, page 65,) Mr, Nheeler moved the adoption of theOrdinance, The motion was seconded by Ir. Garland and adopted by the following vote: AYES: Messrno Garlaodf Pollard, Wheeler, Young and Mayor Stoller ......5, NAYS: None ............................................................O. (Mr. Jones absent) STATE HIGhWAYS-STREETS AND ALLEYS: The City Manager submitted a written report, pointing out that the city has acquired sufficient land on the north side of Salem Avenue, S. M., to provide for a 60-foot aide street a distance of approxi- mately 630 feet west from Third Street, that since the building on the nortGwest corner of Salem Avenue and Third Street, S. M., is to be razed a good Opportunity to widen this portion of Salem Avenue and get the hem north property line firmly established exists, the estimated cost of the project covering sidewalk, curb and gutter and street widening being $6.000. the City Manager advising that $3.000 of this amount could be taken care of in the normal street construction program air.ad set up in the 1964 budget and recommending that the remaining $3,000 for sidewalk, curb and gutter be appropriated. After a discussion of the matter, Mr. Young questioning the need for widening this portion of Salem Avenue at the present time, and the City Manager pointing out that the project fits into the long-range plan, Mr. Rheeler moved that the matter be tabled. The motion was seconded by Mr. Young and adopted, Mayor St.lief voting no. BUDGET-RECREATION DEPARTMENT: The City Manager submitted a written report, adrislng that the Villa Heights Community Center Senior Council has donated $97.60 toward the purchase of one ceramic kiln c,sting $197.10 and that the Garden City Council has donated $25.00 toward the purchase of a kiln costing $123.90. the City Manager recommending that the total amount of $321.00 be appropriated for the purchase of the two kilns. Mr. Rheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15643) AN ORDINANCE to amend and r.ordain Section {111, "Recreation, Parks and Recreational Areas," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 66.) Mr. Mheeler moved the adoption of the Ordinance. The motion was secondel by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Pollard, wheeler. Young and Mayor Stoller ......5, NAYS: None ............................................................O. (Mr. Jones absent) BUDGET-HEALTH DEPARTMENTt The City Manager submitted a mrltten report, recommending that $120 be transferred from Printing and Office Snpplles to Rentals under Section #40, *Health Department** of the 19&4 budget, to provide for the rental of a Xerox w813 Copier at a cost of $10 per m.ntb. Mr. Garland moved that Council concnr in the recommendation of the City Manager and offered the f. Il.win9 emergency Ordinance: (#15644) AN ORDINANCE to amend and reordain Section ~40o "Health Department,~ of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Nessrs. Garland, Pollard, iheeler, Young and Mayor St.lief ...... 5. NAYS: None ............................................................ O. (Mr. Jones absent) BUDGET-PARKS AND pLAYGROUNDS: The City Manager submitted a written report advlsing that the Rockledge Inn Improvement Fund Committee has paid a total of $4,701 into the City Treasury in connection with the remodeling Of Rockledge Inn for use as a summer theater by professional theatrical group, that Council has already appropriated $1,000 of this amount to the Rockledge Inn Improvement Account and recommended that the remaining $3,701 also be appropriated. Mr. Young moved that Council concur in the recommendation of the ~ity Manager and offered the following emergency Ordinance: (~15645) AN ORDINANCE to amend and reordain Section ~170, ~Capital,* of the 1964 Appropriation Ordinance, and providing f.ran emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 67.) 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, Nheeler, Young and Mayor Stoller NAYS: None ............................................................. O. IIr. Jones absent) In this connection, the City ManaDer submitted a written report, together with the following communication from the City Engineer with regard to additional alterations to Rockledge Inn: 'INTERDEPARTMENT COMMUNICATION TO: Mr. Arthur S. Owens, City Manager DATE: March 12, 1964 FROM: Mr. E, James Sayer, City Engineer SUBJECT; Rockledge Inn Remodeling Since the original proposal was made to the Rockledge Inn Committee, the theater group has requested certain additional alterations, These are (1) Enclosing a lobby area on the backporch (2) Building a backstage area on the bachporch (3) Removal of the inside steps to allow for more seating and a larger capacity (4) Painting the inside auditorium area black. Paintiu9 the entire outside of the building a rust red with black trim lO I hare enclosed a new floor plan of the area mith these additional alterations indicated. Since we have been able to save a considerable amount of money already on certain items such as lights, roofing, and painting, I feel that these additions can be handled within the present $?,000 allomance~ homevero if me should run over the original allotment, the theater group assures me that they can wake the woney available. I mould appreciate it if you would ta~e this matter ap mith Council with the understanding that the city moald not spend any additional funds other than those already appro- priated and that any additional funds necessary would be forthcoming from the theater group. S~ E~ Janes Sa?er City Engineer' Mr. Mheeler moved that Council concur in the reqoest and that the matter be referred to the City Attorney for preparation of the proper measure approving the additional alterations with the understanding that the city mill not bear any Of the expense of tbe remodeling other than the $1,400 appropriated by Ordinance No 15b05 and that any funds necessary for the additional alterations over and above the present $?,000 allowance for the entire project shall be borne by the theater group. The motion was seconded by Mr. Young and unanimously adopted. SEWERS AND STORM DRAINS: Council having requested the City Manager to furnish the members of the body with a list of the locations of the drainage wells to be drilled in the Rilliamson Road area, he submitted a written report, trans- mitting a map showing the existing 64 ~ells. plus 12 proposed, Mr. Garland moved that tbe report be received and filed. The motion was seconded by Mr. Young and unanimously adopted. STREETS AND ALLEYS: The City Manager submitted a written report, trans- mittta] the proposed street paving program for tbe year 1964. Mr, Garland moved that the report be received and filed, The motion was seconded by Mr, Pollard and unanimously adopted. BUDGET-PAY PLAN: The City Manager submitted a written report, reconmendin* that the position of Clerk-Stenographer in the Purchasing Department be filled since it is of an emergency nature. 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 adopted, MATER DEPARTMENT: Yhe City Manager submitted a ~ritten report, recom- mending that the city acquire a lO-foot wide permanent easement and a 2S-foot wide construction easement approximately 2,510 feet in length across the P. C. Huff Estate property for the sum of $4,~75 in connection with the installation of a 20-inch feeder main by the Mater Department. 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, Rheeler and unanimously adopted. REPORTS OF COMMITTEES: GARBAGE REMOVAL: The committee appointed to tabulate bids received on five truck chassis completely equipped with refuse bodies submitted the foil*Ming report: *Roanoke, Virginia March 5t 1964 To the City Council Roanoke, Virginia Gentlemen: Attached hereto is a tabulation of bids for five (5) truck chassis equipped with refuse bodies; bids which were opened and read before City Council on March 2, 1964, As can be seen fFom the tabulation, four (4) firms submitted bids, which included six (6) different makes of refuse bodies, The low bid was sub- mitted by An*rim Motors, Inc., on five (5), 1964 Dodge Truck Chassis, equipped with the Leach Refuse Body, in the amount of $40,117.75. In the 1964 Budget, $55,000.00 was appropriated for this equipment. It is recommended that the contract for fire (5) truck chassis, equipped with refuse bodies be awarded to Antrim Motors, Inc** in the amount of $4fl,llT.?5. Respectfully submitted, S/ Malter L. Young Walter L. Young, Chairman S/ Arthur S. Owens Arthur S. Owens S/ H. Cletus Broyles B. Cletus Broyles S/ B. B. Thompson B. B. Thompson# Mr. Young moved that action on the matter be deferred until the next regular meeting of Council. The motion was seconded by Mr. Wheeler and unanimously adopted. Later during the meeting, after an executive session, Mr. Young advised that after further consideration of the matter it is the verbal recommendation of his committee that all of the bids received for the garbage trucks be rejected and that the City Manager be directed to readvertise for new proposals on the complete units, the stipulation that bidders on the units shall supply the truck chassis through local truck dealers to be deleted from the specifications, Mr. Young moving that Council concur in the verbal 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. Garland and unanimously adopted. STREETS AND ALLEYS: The Committee appointed to tabulate bids received on paving of streets at various locations in the City of Roanoke submitted the foil*win9 report: *Roanoke, Virginia March 3, 1964 To the City Council Roanoke, Virginia Gentlemen: Attached hereto is a tabulation of bids for the paving of streets at various locations in the City of Roanoke (1964 blacktop program). These bids were opened and read before City Council at its regular meeting on March 2, 1964, at As can be seen from the tabulation, three (3) bids mere recelvedo The Iow bid mas submitted by Virginia Asphalt Firing Company, Inc.o in the omount of $224,$?O.00. In the 1964 Budget, $250,000.00 mas appropriated for this worh. It will require approxiwotely $5,000.00 to cover laboratory tests and lnspectiga costs; leaving the sum of $245,000.00 available for this.contract. Attached, also, is a letter from Virginia Asphalt Paving Construction Company, Imco, agreeing to extend the contract to $245,O00.00, using the sane unit prices set forth in their proposal. It is recommended that the contract be awarded to Virginia Asphalt Paving Company, lac.. in the amount of $245,000.00. Respectfully submitted, S/ Vincent S. Rheeler Vincent S. Mheeler, Chairman S/ Arthur S. Owens Arthur S. Owens S/ H. Cletus Broyles H. Cie*us Droyles" Mr. Wheeler moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (~15646) AN ORDINANCE accepting the proposal of Virginia Asphalt Paving Company. Inc., for the paving of streets at various locations in the City; author- izing 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 Book No. 27, page 67°) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the followin9 vote: AYES: Messrs. Garland, Pollard. Rheeler, Young and Mayor Stoller ....... 5.!1 NAYS: None ............................................................. (Rr, Jones absent) ONFINISBED BUSINESS: RUNICIPAL BUILDING: Council having preriously deferred action on a recommendation of the City Manager that the two-position PBX switchboard in the Runicipal Ouildlng he replaced with a three-position multiple switchboard and that an extra Operator be employed to work each day during peak periods, the matter was again before the body. Mayor Stoller advising that a citizen has suggested that the system in effect in the City of Rich=gad be studied, Mr. Garland =o~ed that the matter be carried over until the next regular meeting of Council. The notion was seconded by Mr. Rheeler and unauimously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: RADIOS-PARKS AND PLAYGROUNDS: Ordinance No. 15638, providing for the recognition of the exclusive and perpetual easement owned by the Times-World Corpora *ion in and to a specified site and to.er on Mill Mountain. fixing the boundary of said site and providing for the acquisition by the city of specified rights of use or said site and tower, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Young offering the folloming for its second reading and final adoption: (a15628) AN ORDINANCE providing for the recognition of the exclusive and perpetual easement owned by Times-World Corporation in and to a specified site and tower on Hill Houri,alu and fixing the boundary of said site, and providing for the acquisition by the City of Roanoke, by lease, Of specified rights of use of said site and tower thereon upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 27, page 62.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following rote: AYES: Messrs. Garland, Pollard, Wheeler, Young and Mayor Stoller ...... 50 NAYS: None ......~ ..................................................... O. (Mr. Jones absent) SALE OF PROPERTY: Council at its last regular meeting havin9 again deferred action on an Ordinance providing for the sale of property located on the north side of Madison Avenue, N. E., east of Fifth Street, described as Lots I and 2, Block B, Ro L. ~ I. Map, Official Tax Nos. 3021001 and 3021002, to the Magic City ¥otor Corporation for the sum of $500, with a view of retaining that portion of the property needed for possible extension of McDowell Avenue, the matter Has again before the body. In this connection, the City Manager submitted a written report, trans- mitting the following communication from the City Engineer with regard to land needed in the event the proposed Master Plan of the city is placed into effect: 'IN~ERDEPARTMENT COMMUNICATION TO: Mr. Arthur S. Owens, City Manager DATE: March 12. 1964 FROM: Mr. E. James Sayer, City Engineer SUBJECT: Report to Council - Sale of City Property Attached is a mop mhich indicates the fill and cut areas for the ~illiamson Road relocation, As you can see, a certain portion of the lots owned by the city would be needed for fill areas. In addition, there are some problems concernin9 drainage of the Milliamson Road relocation mhich could affect these lots. Because of the possible public activities in the area. it would not appear to be in the city*s interest to sell these lots at this time. However, if it is felt desirable to sell these lots, the city should retain a minimum of 50' along the front of the lot for construction purposes. It is realized that the situation is rather nebulous at this time, however, the sale Of the lots for a rather inconsequential amount of $500 does not seem to justify an immediate sale. The gain could be more than offset by additional construction costs. S/ E. James Sayer E. James Sayer City Engineer' Mayor Stoller then presented a communication from the Ragic City Motor Corporation, advising that if and when the city needs a portion of this land for street purposes the Magic City Motor Corporation will sell bach to the city at the same price per foot it is paying. · Mr, Mheeler moved that the following Ordinance be placed upon its first reading: (u15647) AN ORDINANCE directing the sale of Lots land 2, Block B, R.L.&I. Map, to Magic City Motor Corporation for $500 net cash. WHEREAS, this Councllts Real Estate Committeehas recommended, in writing, the adoption of this ordinance, Jn which recommendation this Council concurs. THEREFORE, BE IT ORDAINEO by the Council of the City of Roanoke that the City Attorney bee and he is hereby, directed to prepare a deed of bargain and sale pursuant t5 which the City of Roanoke conveys, with special warranty of title, Lots I and 2, Bloch B, R.L.~Io Map, unto Magic City Motor Corporation in consideration Of $500 net CaSh; and the Mayor and City Clerk are hereby authorized, respectively, to execute and attest the aforesaid deed after the same shall have been prepared and approved by the City Attorney and, upon the execution of such deed, the City Attorne is directed to deliver the same to Magic City Motor Corporation in exchange for $$00 net cash. The motion was seconded by Mr, Young and adopted by the following vote: AYES: Messrs. Garland, Pollard, Wheeler, Young and Mayor Stoller .......5. NAYS: None .............................................................O. (Mr. Jones absent) STATE BIGItNAYS-WATER DEPARTMENT: Council having directed the City Attornel to prepare the proper measure authorizing the City Manager to enter into a utility agreement wit~ the Virginia Department of Bighways providing for the adjustment Of Water Department facilities on the Interstate S~l project from Shenandoah ~¥enue to the south side of Elm Avenue. 5. E., at an estimated cost of $46,414.g8, he presented same; whereupon, Mr. Wheeler offered the following Resolution: (~15648) A RESOLUTION authorizing the proper City officials to execute a utility agreement between the City and the Commonwealth of Virginia, Department of Highways, dated March 12, 1964, dealing with the adjustments of water facilities due to thc construction of Interstate Route 581. (For full text of Resolution, see Resolution Rook No, 27, page Mr. Wheeler moved the adoption of the Resolution, The motion was seconded by Mr. Pollard and adopted by the following vote: AVES: Messrs. Garland, Pollard, Nheeler, Young and Mayor Stoller .......5. NAYS: None .............................................................O. (Mr. Jones absent) BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure providing for the filling of certain vacancies in various municipal departments since they are of an emergency nature, he pre,eared same; whereupon, Mr. Garland offered the following Resolution: (=15649) A RESULDYION authorizing the City Manager to employ certain iFor full tent of Resolution, see Resolution Book No. 27, page 68.) :1 Hr, Garland moved the adoption of the Resolution, The motion mas sec,nde, by Hr, Nheeler and adopted hy the rolloulng vote: AYES: #essrs, Garland, Pollurd, Mheeler, Young and Hayor St,lief ....... NAYS: None .............................................................O, (Mr. Jones absent) MOTION5 AND MISCELLANEOUS BUSINESS: AUDITORIUM-COLISEUM: Mr. M. Preston Leech appeared before Council, advising that he is in favor of the proposed auditorium-coliseum, but that citizens are asking questions he feels should be answered such as ~hether or not the auditorium-coliseum mould be properly promoted, whether revenue derived from the rental thereof mould he put back into the maintenance and upkeep of the auditorium- coliseum, and whether the city is willing to pay a sufficient salary to obtain the best man possible to operate the facility. Mr. Garland, Chairman of the Auditor imm-Coliseum Committee, stated that the auditorium-coliseum ls constructed he is confident a full-time manager and staff! will be employed to see that the facility is properly operated. STREETS AND ALLEYS: Mr. Jo P. Bale, 2420 King Street, N. l,, appeared before Council and asked that Idlewild Boulevard. N. E., be included in the blacktoppin9 prooram for 1964. After a discussion of the matter, Mr. H. Cletus Broyles, Director of Public Murks, advisin9 that the r,surfacing of some of the streets in this area by city forces is under consideration, Mr. Rheeler moved that the request for black- topping of Idlewild Boulevard be referred to the City Manager for study, report and recommendation to Council, The motion was seconded by Mr. Pollard and unanimously adopted. FIREARMS: Mayor St,lief called attention to the rising increase in injuries to children*s eyes, damages to greenhouses, cars and buses caused by the flrin9 of BR guns, and moved that the City Attorney be directed to prepare the proper measure outlawing the ownership of BB Buns in the City of Roanoke. The motion was seconded by Mr. Garland. After a discussion of the matter. Mr. Nheeler protesting that the proposed ban on BB guns would just be taking away another liberty Of the American people and voicing the opinion that the situation can be taken care of by stricter enforcement of the law against shooting of firearms in the city, and Mr. Pollard and Mr. Young indicating a willingness to vote for the preparation of the measurer but refusing to commit themselves to vote for the adoption thereof, the motion was adopted, Mr. Wheeler voting no. AUDITORIUM-COLISEUM: Mr. Garland, chairman Of the Auditorium-Coliseum Committee, stated that he has had the City Attorney prepare a Resolution expressing the present thinking of Council relative to what rental charges should be made for use of the auditorium-coliseum, but that since this is the prerogative Of a future Council he is withdrawing the item from the agenda. the ueetln9 uas edJourned. APPROVED Mayor COUNCIL, REGULAR MEETING, Monday. March 23, 19&4, The Council of the City of Roanoke met in regular meeting in the Hustings Courtroom in the Municipal Building, Monday, March 23. 1964, at 2 p.m., the regular meeting hour. mith Mayor Stoller presiding. PRESENT: Councilmen Robert A. Garland, James E. Jones, Roy R. Pollard, Sr., Vincent S. Wheeler, Walter L. Young and Mayor Murray A, Stoller ............. ABSENT: None .......................................................... O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Mr. Randolph Whittle, City Attorney, and Mr. Jo Robert Thomas. City Auditor. INVOCATION: The meeting mas opened mith a prayer by the Reverend Harold S Mayer, Pastor. Wllliamson Road Church of the Brethren. MINUTES: Copy of the minutes Of the regular meeting held on Monday, March 9. 1964, having been furnished each member Of Council, on motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the readin9 thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTER S: DEPARTMENT OF PUBLIC WORKS: Pursuant to notice of advertisement for bids on a portable roller for the Street Repair Department, said proposals to be received by the City Clerk until 1:30 p.m., Monday, March 23, 1964. and to be opened at 2:00 p.m.. before Council, Mayor Stoller asked if anyone had any questions about the advertisement, and no representative 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~ing bids: Rish Equipment Company - Alternate ( $4,833.00-Austin-Western ( 5,680.O0-Ferguson Municipal Sales Company, Incorporated 5.125.00 Shelton-Witt Equipment Corporation 5,748.48 Bemiss Equipment Corporation 6,152.60 Capital Equipment Company, Incorporated 5,350.00 Mcllhany Equipment Company, Incorporated 6,500.0D Mr. Young moved that the bidsbe referred to a committee to he appointed by the Wayor for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the losest responsible bidder. The motion mas seconded by Mr. Wheeler and unanimously adopted. Mayor Broiler appointed Messrs. Walter L. Voung, Chairman, Arthur Omens. B. Cletus Broyles and Dueford B. Thompson as membe~ of the committee. DEPARTMENT OF PUBLIC MORES: Pursuant to*notice of advertisement for bids on seven trucks for various municipal departments, said proposals to be received by the City Clerk until 1:30 p.m., Monday, March 23, 1964, and to be opened at 2:00 p.m., before Council, Mayor Stoller asked if anyone had any questions about the advertisement, and no representative present raising any question, the Mayor instructed the City Clerk to proceed nitk the opening of the bids; nhereupoa, the City Clerk opened nnd rend the folloaiag bids: Street,Sfqaa nad MarlJnqa - Pickup Tr, uck AntrJm Motors, Incorporated ~ $2.269.00 Diamond Chevrolet Corporation 2.246.00 Dlc~erson GMC, Incorpornted - 2o440.00 Magic City Motor Corporation - 2.239.00 Sbnckelford-Cox Truck and Machinery Company - 2,231.48 Traffic £ngineerinq and ComMunications - Pickup Truck Antriu Motors, Incorporated - 2.205.00 Diamond Chevrolet Corporation 2.1~6.00 Dickerson GMC, Incorporated - . 2.4~0,00 Magic City Motor Corpo~ tion 2.20S.00 5hackelford-Cox Truck and Machinery Company 2.251.48 Antrim Motors, Incorporated Diamond Chevrolet Corporation Dickerson GMC. Incorporated Magic City Motor Corporation ~er Maintenance - Cab and Chassis Antrim Motors, Incorporated Diamond Chevrolet Corporation Dickerson CMC, Incorporated Magic City Motor Corporation 2,319.00 2,335.00 2.530.00 2,329.00 2.799.00 2.765.00 2,°64.00 2,752.42 Department of Parks and Recreation - Chassis Kith Flat Dump Bod~ AntrJm Motors, Incorporated 3,999.00 Diamond Chevrolet Corporation 3,985.00 Dic~erson GMC, Incorporated 3,949.00 Magic City Motor Corporation 3,990.00 Mr. Mheeler moved that the bids be referred to o committee to be appointed by the Mayor for tabulation and report to Council, the City Attorney to prepare the proper measures accepting the proposals of the lowest responsible Lambeth Construction Company $241,291.50 HcAlister Construction Company 25§,361.75 Hudgins ~ Pace 256,?02.50 Aaron J. Conner General Contractor, Incorporated 203.946.37 Howard Construction Company. Incorporuted 291,516.06 Mr. Jones 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 meesure accepting the proposul of the lamest responsible bidder. The motion was seconded by Hr. Garland and unaniuously adopted. Mayor Stoller appointed Messrs. Walter L. Young. Chairman. Janes E. Jones Arthur S. Omens, Raymond E. PJllou and H. Cletus Broyles os members of the committee. STREETS AND ALLEYS: Council having previously set a public hearing for 2 p.m., March 23, 1q64, on the request of Davis Enterprises, Incorporated, that that portion Of an alley lying between Lots 27 and 20, Block 11, Villa Heights, and Lot 5, Gray Map, parallel to Forest Park Boulevard and Crescent Street, N. W., north Of Melrose Avenue, be vacated, discontinued and closed, the matter mas before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be granted, was before Council: "February 20, 1964 The Houorable Murray A. Stoller, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: In its February 19, 1964 meeting the Planning Commission considered the above alley closing request. The Commission was informed that Davis Enterprise, Inc., is planning to extend a building across the right-of-way of the alley. The alley itself, over the ~hole length of this block, has never been used for traffic, but constituted in reality the location of a drainage ditch. A culvert construction has been provided for drainage where it abuts the property of Davis Enterprises and paving has been extended to cross this con- struction and the right-of-uny of the alley. After careful consideration of the conditions involved and having made field inspection, the Planning Commission concluded that it would be feasible to close the alley over the specified distance, provided that the petitioner is willing and able to construct his building in such 3 way that it will permit unobstructed access to the storm sewer facilities located underground. Respectfully submitted, $/ W. K. Sensbach for Henry B. Boynton Chairman' Council having appointed viewers to view the alley, the viewers submitted a written report, advising that they have viewed the alley and the adjacent neighborhood and are unanimously of the opinion no inconvenience would result, either to any individual or to the public, from vacating, discontinuing and closing said alley. Mr. John L. Apostolou, Attorney, representing Davis Enterprises, Incor- porated, appearedbefore Council in support of the petition of his client. ,;20 After · discussion of the matter, ua one appearing in opposition to the request, and Co~ocll being of the apl·ia· tbut the Ordi···ce closing the alley should contain a liability clause and the provision that the petitioner mill con- struct its building in such a way that It will permit unobstructed access to the storm semer facilities located underground, Hr, Nheeler moved that Council concur in the recommendation of the City Pla·ming Commission and that the following Ordinance be placed upa· Its first reading: (z15650) AN ORDINANCE vacating, discontinuing and closing that portion of a certain unopened paper alley run·lng through the la·ds of Davis Enterprises, Incorporated, along the westerly Ii·es, Lots 27 and 28. alack 11, Hap of Villa Heights. and which alley runs generally in · north-south direction, parallel to and between Forest Park Boulevard and Crescent Street. N. W., In the City of Roanok Virginia. MHEREAS. Davis Enterprises, Incorporated, a Virginia corporation, has heretofore made application to the City of Roanoke, Virginia. that the portion of alley hereinafter described be permanently vacated, discontinued and closed after havln9 first posted notice of the intended application as provided by law; and MHEREAS, the Council of the City of Roanoke, Virginia, on the lOth day of February, 1964, adopted Resolution ~o. 15~1, appointing Messrs. C. F. Eefauver J. M. Boswell, Aylett B. Coleman, Roy L. Mastin, Jr** and Fred DeFelice as viewers to view the aforesaid alley and report in writing pursuant to the provisions of ~ 15-766 of the Cote of Virginia of 1950, as amended, whether in their opinion any and, if any, what inconvenience would result from discontinuing the same; and MBEREAS, said viewers did visit and view the aforesaid alley and the adjacent neighborhood and did report in writing that in their opinion no inconven- ience mould result either to any individual or to the public from vacating, dis- continuing and closing said alley; and WHEREAS, this matter has been referred to the Planning Commission of the City of Roanoke, Virginia, which said Commission has approved the permanent vacating, discontinuing and closing of said alley as requested; and WHEREAS, a public hearing on the aforesaid application to permanently vacate, discontinue and close said alley was held, after a notice thereof was duly advertised in The Roanoke World News on March 6, 1964, advising the public of the said public hearing before this Council on march 23, 1964, at 2 p.m., on said day, at which meeting there was expressed no objection or opposition to vacating, dis- continuing and closing said alley; and WHEREAS, in the opinion of this Conncil, no inconvenience to the public or any owner will result if said alley be vacated, discontinued and closed for the purposes set forth in the aforesaid application as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia that that certain alley located in the City of Roanoke, Virginia. more particularly described as follows, to-wit: That portion of a cevLaJn unopened piper alley running through the lands of Davis £nterprlseSo Incorporated. along the westerly lines, Lots 27 and 20. Block Il. Map of Villa Heights, and which alley runs generally ia a north-south direction, parallel to and between Forest Parh Boolevnrd and Crescent Street, N. W** in the City of Roanoke, Virginia. be and the same is hereby permanently vacated, discontinued and closed and that all right, title and interest of the City of Roanoke, Virginia, and the public in and to the same be and they ore hereby released insofar as the Council is empowered so to do, the City of Roanoke reserving unto itself, however, a perpetual easement for sewer lines, drains, water lines and other public utilities which may non be located in and over the aforesaid alley, and the perpetual right to maintain, operate, repair replace OF relay the same and to have full and free right Of ingress, egress and regress therefor; and all structures hereafter erected thereupon shall be constructed in such manner and fashion as to pernlt of unobstructed access to sewer and storm drain facilities or other public utilities now located in said former alley and the City of Roanoke shall be under no obligation, financial or o~erwise, in the exercise! of such rights. BE IT FURTHER ORDAINED that the City Engineer be and he is hereby directed to mark *Permanently Vacated, Discontinued and Closed" said alley on all maps and plats On file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said alley is shown, referring thereon to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, ~hereJn this Ordinance shall be spread; and the City Clerk is directed to transmit an attested ~copy hereof to the Cl~rk of the Hustings Court of the City of Roanoke for recordation in said Clerk*s Office. The motion was seconded by Mr. Pollard and adopted by the followin9 vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................... 6. NAYS: None .................O. PETITIONS AND COMMUNICATIONS: TRAFFIC-STATE HIGHWAYS: Council having referred to the Roanoke Valley Regional Planning Commission for study, report and recommendation a request of the Roanoke Junior Chamber of Commerce that a detailed professional study he made of the feasibility of an alternate route for extending Interstate Spur 501 east of Mill Mountain through the farmland that skirts Garden City to U. $. Route 220 south of Clearbrook School as compared with the presently proposed route extending through the southwest area of the City of Roanoke, the following communication from Mr. G. Mattern, Chairman of the Roanoke Valley Re0ional Planning Commission, was before Council: #13 March, 1964 The Honorable Mayor and City Council - City of Roanoke Roanoke, Virginia Re: Your File u20-T? Jaycee Resolution Gentlemen: This Is in coepliance with your request that this Coumision make · study, report and recommendation on this watter. The final draft of the Regional Arterial Highway report was printed in December 1963 and reviewed ia January 1964, in view of which it was impracticable to include a study of this matter in the initial regional report. The alternate location proposed for Interstate 501 extension cannot be Justified on the basis of the criteria established for the Regional Arterial Highway Study (traffic volumes and patterns and land use) and traffic and land use generate the need for the location recommended (see paragraphs R 3nd 3 of consultont*s letter}. As is true of many other improvements in the region, the alternate location recommended has merit which Justifies its eral~otJofl in the continuing planning program of the city. It is recommended: 1. That the interest and participation of the Jaycees in the Regional Highway Planning project be commended. 2. That the Jaycees be asked to endorse and support the adoption and implementation of the Regional Arterial Highway Plan. 3. That the Jaycees be assured that their recommended alternate location for the extension of Spur 501 will be given every consideration (permissible under established criteria) as the highway plan J$ reviewed from time to time. Very truly yours, ROANOKE VALLEY REGIONAL PLANNING COMMISSION S/ G. L. Rattern G. L. Mattern After a discussion of the matter. Mr. J~nes voicinR the opinion that Council would like to study the report of the Roanoke Valley Regional Planning Commission deferred until the reqular meeting of Council on April 6. 1964. and that the Junior report of the Regional Planning Commission. The motion was seconded by Mr. Garland and unanimously adop~ed. AUDITORIUM-COLISEUM: A Resolution of the ~est End Parent-Teacher Association, endorsing the proposedaudltorium-coliseun, was before Council. the Resolution was filed. REPORTS OF OFFICERS: STREET LIGHTS: The City. Ranager submitted a written report, advising that he has beeninformed by the Appalachian Power Company it will be necessary to remove a 2500 lumen overhead incandescent street light located on Chestnut Avenue, N. approximately 300 feet westof Second Street. in connection with the construction of interstate Spur 5~1. and recommended that authority to remove the street light be granted. Mr. Young moved that Council concur in the remmmendation of the City Manager and offered the foil.ming Resolution: (#15651) A RESOLUTION authoriaing the removal of one 2500 lumen overhead incandescent street light located on Chestnut Avenue, N. E.. approximately 300 feet west of Second Street (AP Pole No. 2§4=1640)~ which light is no longer needed due to the construction of Interstate Spur 591. (For full text of Resolution, see Resolution Book No. 27, Page 71.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mt. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Wheeler. Young and Mayor Stoller ............................... 6. NAYS: None .................O. BUDGET-FIRE DEPARTMENT: The City Manager submitted a written report, recommendin9 that $125 be transferred from Printing and Office Supplies to Dues, Memberships and Subscriptions under Section s62, *Fire,* of the 1964 budget, to *rovide for the purchase of training publications in connection with the training program of the Fire Department. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15652) AN ORDINANCE to amend and reordain Section #62, 'Fire.' of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27, page ?l.) Mr. Garland 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. Young and Mayor Stoller ........................ NAYS: None ..........O. PARKS AND PLAYGROUNDS-STATE HIGHWAYS: The City Manager submitted a written report, recommending that an Ordinance be adopted authorizing and directing the acquisition of 13 tracts of land in connectionwith the development of the Mill Mountain-Blue Ridge Parkway Project. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~!5653) AN ORDINANCE authorizing and directing the acquisition of thirteen (13) tracts of land for public purposes, to-wit, the derelopment of the Mill Mountain- Blue Ridge Parkway project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 72.) Mr, Wheeler moved 'the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Pollard. Wheeler. Young and Mayor Stoller .......5. Nays: None .............................................................O. (Mr, Jones not voting) 2'4 STATE HIGH]dA~S: The City Manager submitted a mritten report, advising that he has been informed by the ¥$rginia Department of Highuays thet due to tion passed ut the lust session of the General Assembly the Urban Division of the Highuay Department has additional construction funds over and above the sum necessary to match urban federal aid and it may be possible for the Department of DJgbmays to program a proJect on U. S. Hlghuay Route 460 from the eastern corporate limits westward to the Interstate Spur $81 int.erchange at Orange Avenue and Second Street, N, E.. if the City of Roanoke is interested, the project cost to be on the basis of 05% state and 15~ city. the City Manager estimating that the cost of the project would be approximately $1,500,000, of wbJcb the cJty*s share of $225,000 could be scheduled over two or three annual budgets, and recommending that he be authorized to initiate the proJect. In this connection, Mr. Harry L. Rosenbaum appeared before Council and strongly advocated that the city take advantage of the accelerated high.ay program in the state to improve the approaches to Roanoke. After a further discussion of the mutter, Mr. Rheeler offered the followin9 Resolution: (uis654) A RESOLUTION directin9 the City Manager forthwith to request the Department of Highways of the Commonwealth of Virginia to promptly commence programming a project on Route 460 from the east corporate limit westwardly to connect with Xnterstate Spur 581. interchange at Orange Avenue and 2nd Street. N. E., at a construction cost basis of 85 per cent State and 15 per cent City. (For full text of Resolution. see Resolution Book No. 27, page 74.) Mr. Rheeler moved the adoption of the Resolution. The motion mas seconde( by Mr. Pollard and adopted by the following vote: AVES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stol/er ................................ NAYS: None ................. O. BUDGET-PAY PL~-GARHAGE REMOVAL: 7he City Manager submitted a written report, together with the following communication from the Director of Public Rorks~ of Public Rorks be filled and that the new classifications of Incinerator Operator and Clerk Dispatcher be created under the Pay Plan: Wlnterdepartment Communication TO: Mr. Arthur S. O~ens. City DATE: March 19, 1964 Manager FROM: Mr. H. Cletus Broyleso Director of Public Works At the present time there are 13 vacancies in the Sanitation Division. These vacancies are as follows: Ten (lOI Disposal Laborers in Group 10 Tmo (2) Dump Truckers in Group 7 One (1) Gang Leader in Group in checking into the personnel requirements for the operation of the neu incinerator, me find that the nine (9) people that had been assigned to the operation of the old plant, in numbers, will be sufficient for the operation of the hem plant. However, it mill be necessary to have four (4) positions reclassified and up-graded to Group 3; with the hem title of 'Incinerator Operatore, with a starting salary of $294.Gb per month. These Jobs require skilled crane operators, mhd have a marking knowledge of all hydraulic skills and other technical skills involved in the operation of a modern incinerator. These four (4) new men will replace four (4) disposal laborers. It is therefore recommended that authorization be obtained to employ the following in the Sanitation Division: Four (4) Incinerator Operators in Group 3 Two (2) Dump Truckers In Group 7 One (l) Gang Leader in Group S Six (6) Disposal Laborers in Group 10 Also, in order to relieve the burden that is now imposed on one or more of our foremen; it is proposed that a new classification of "Clerk Dispatcher' be set up in Group 14. to take the place of a "Disposal Helper". This position mould receive most of the complaints and numerous calls received by the Division and dispatch same to the proper vehicle for disposition. It is also recommended that authorization be given to make this change. S/ H, Cletus H. Cietus Rroyles Director of Public Marks" Mr. Wheeler moved that Council concur in the recommendations of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measures. The motion was seconded by Mr. Pollard and unanimously adopted. Z~I~: Council having referred to the City Planning Commission for study, report and recommendation a request of the Safety Motor Transit Company, et al., that property located on the north side of Kirk Avenue, S.E., between Twelfth street and Thirteenth Street, described as Lots B-12, inclusive, Block 13, East Side Land iCompany,'Official Tax Nos. 4110708-4110~12, inclusive, be rezoned from General Residence District to Light Industrial 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 4, lqGd. The motion was seconded by Mr. Jones and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. Peter N. Apostolou that property in the block bounded by Eighth Street. Levelton Avenue. Liberty Road and tlunt Avenue (extended), N. W.. described as Lots 1. 3. 4-A and 4-B. Block 4, Grandview Addition; Lots I and 2, R. A. Mays Map; and Acreage, Karts Farm, Official 7ax Nos. 2060901, 20b0905, 2060gOb, 2060907, 2060908 and 2060q11, be rezoned from General Residence District to Special Residence 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 4, 1964. The motion was seconded by Mr. Jones and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study report and recommendation a request of Mrs. Hugh M. Moomaw and the Pet Milk Company that property located on the' southwest corner of Rorer Avenue and Eleventh Street, S.M., described as the northerly part Of Lot 9, Block 29, F. Rorer Map, Official Tax No. 1212917. be rezoned fros Speclnl Residence Dlntrlct to Bnsluess District, the City Planning Commission submitted n mritten report, recommending that the request be granted. Mr. Wheeler moved that a public hearing on the matter be held at May 4, 1964. The motion mas seconded by Mr. Jones and unanimously adopted. REPORTS OF COMMITTEES: PURCHASE OF PROPERYY-PARK5 AND PLAYGROUNDS: The committee appointed to study the offer Of Mr. Wanry L. Strauss to donate 15 acres Of land located west Of Peters Creek, in Roanoke County, betmeen Salem Turnpike and Shenandoah Avenue, to the City of Roanoke for park purposes, and negotiate for the acquisition of an additional eleven acres of land located east of Peters Creek, in Roanoke City, for park purposes, submitted the following report: "Roanoke, Virginia March 23, 1964 To the City Council Roanoke, Virginia Gentlemen: Mr. Waury L. Strauss offered to donate to the City of Roanoke 15 acres of land located west of Peters Creek, in Roanoke County, between Salem Turnpike and Shenandoah Avenue for park purposes. lo furtherance of this Offer, he also proposed the sale to the City Of an additional 11 acres of land located east of Peters Creek in Roanoke County got park purposes. This was presented to the Planning CommiSsion, subsequently forwarded to City Council on February i0, and then referred to the below committee with instructions to study, report and make appropriate recommendations to City Council. Four of the committee members met on the site and have discussed the several facets of the proposal thoroughly, and we recommend the following: 1. The City Council accept Mr. Strauss's kind offer for the donation of the 15 acres of land in the County. 2. The City Manager be instructed to negotiate with Mr. Strauss for the purchase of the Il additional acres at a fair appraisal price. 3. Direct the City Manager to make appropriate application to the Housing and Home Finance Agency, Open Space Oivision, for 30 percent grant in aid toward the cost Of the 11 acres of proposed park land. 4. The City enter into an agreement with Mr. Strauss to pave West Side Boulevard, from Shenandoah Avenue to Green Spring Avenue. a distance of 2125 feet at a cost of $31.fl75, of which the developer would pay one half of the cost. Water lines are adjacent to the eastern most tip of the park. The City*s interceptor sewer line runs to the east of Peters Creek. In future years should the city decide to place further recreational facilities in the area, then both water and sewer would be available for a park shelter or other recreational facilities. Easy access by pedestrian crossway over Peters Creek would make the entire park area arailable for use. Respectfully submitted, S1 Benton O. Dillard Benton O. Dillard, Chairman S/ Walter L. Young Walter L. Young S/ Murray A. Stolier Mayor Murray A. Stoller S/ Arthur S. Owens Arthur S. Owens S/ Rex 7. Mitchell, Jr. After n discussion of the matter. Mr. Wheeler moved that Council accept the first three recommendations of the committee, but that further study be given to the fourth recommendation. The motion mas seconded by Mr, Pollard and unanimousl adopted. Hr. Wheeler then moved that Council thank Mr. Dillard for his services as Chairman of the committee, that he be appointed to replace Mr, Dillard on the committee and that Wayor Stoller be named the new Chairman of the committee. The motion mas seconded by Mr. Young and adopted, Messrs. Jones and Pollard voting no. AIRPORT: Council having referred to a committee composed of Messrs. James E. Jones, Chairman, Walter L. Young. Roy R. Pollard, Sr.. H. Cletus Broyles an Marshall L. Harris, for tabulation and report, bids received for 9Fading, drainage and paving in connection with the extension of Runuay 15-33 at Roanoke Municipal (Woodrum) Airport, the committee submitted a written report, together with a tabulation of the bids received on the grading and drainage, showing the alternate bid of D. L. Turner and Company, Incorporated, in the amount of $343,724.60, which includes the use of corrugated steel pipe, asphalt coated and paved invert, as low bid, and recommending that the contract be awarded to H. L. Turner and Company, Incorporated. ~r. Jones bored that Council concur in tile r~cvmmendatton o! the committee and offered the following emergency Ordinance: (mlSh55) AN ORDINANCE accepting the proposal of H. L. Turner and Company, Imco, for grading and drainage in connection with extension of Runway and Taxlway 15-33 at Roanoke Municipal IWoodrum) Airport, subject to the approval of the Federal Aviation Agency; authorizing the City Manager to execute the requisite contract; rejecting all other bids; and providin9 for an emergency. (For full text of Ordinance, see Ordinance Dook 27, page 75.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................... 6. NAYS: None .................O. The committee then submitted a written report, together with a tabulation of the bids received on paving, showing the alternate bid of So R. Draper Paving Company, Incorporated, in the amount of $146.441.00. using dry bound macadam base, as low bid, and recommended that the contract be awarded to S. R. Draper Paving Company. Incorporated. Mr. Jones moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (m15656) AN ORDINANCE accepting the proposal of S. R. Draper Paving Company, Inc., for paving for extension of North-South (15-33) Runway and Taxiway at Roanoke Municipal (Woodrum) Airport, subject to the approval of the Federal Aviation ;.28 Agency; authorizing the City Manager to execute the requisite contract; rejecting all other bids; and providing for au emergency. (For full text of Ordinance. see Ordinance Book No. 2Y, page ?$.) Br. Jones a,red the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following rote: AYES: Messrs. Garland. Jones. Pollard. Wheeler. Young and Wnyor Stoller--; ............................. 6. · NAYS: None ................. Oo UNFINISBED BUSINESS: MUNICIPAL BUILDING: Council having previously deferred action on a recommendation Of the City Manager that the two-position PBX switchboard in the Municipal Building be replaced with a three-position multiple switchboard and that an extra operator be employed to work each day during peak periods, with a view Of a study being made of the system in effect in the City of Richmond, the matter was again before the body. In this connection, Mr. Alfred Beckley, Jr., Chief of Communications, advised that a study of the Rich~ond system has been made, that it is not practical for Roanoke and has fl, comparison with the system proposed for Roanoke. After a discussion of the matter, Messrs. Jones and Young pointing out that the Appalachian Power Company and the Norfolk and Western Railway Company have received complaints since The Chesapeake and Potomac Telephone Company changed the central office trunk lines serving the PBX installations in the respective companies, Mr. Pollard moved that Council concur in the recommendation of the City Ranager and that the proper measure appropriating necessary funds be prepared for consideration at the next regular meeting of Council. The motion was seconded by Mr. Garland and adopted, Messrs. Jones and Young voting no. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15640, Fez,ming certain properties in the area west of Williamson Road. N. W,, between Oakland Boulevard and Ravenwood Avenue, from Special Residence District to General Residence District, 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 rending and final adoption: (~15640) 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. 27, page 69.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: . AYES: Messrs. Garland, Jones. Pollard, Rheeler, Young and Mayor Stoller ................................ 6. NAYS: None ................ O. SALE OF PROPERTY: Ordinance NO. 15647, providing for the sale of property located on the north side of Madison Avenue. N; E.. east of Fifth Street, described ss Lots I and 2~ Block Bo R. L. ~ I. Map. Official Tax Nos. 3021001 and 3021002, to the Magic City Motor Corporation for the sum of $5g0, 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: (z15647) AN ORDIHANCE directing the sale of Lots I and 2, Block B, R. L. ~ I. Map, to Magic City Motor Corporation for $$00 net cash. (FOr full text of Ordinance, see Ordinance Book Ho. 27, page 70.) Mr. Mheeler noved the adoption of the Ordinance. The notion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Wheeler. Young and Hayor Stoller ............................... 6. NAYS: None .................O. STATE HIGHWAYS-ROUSIHG-SLUM CLEARANCE: Council having directed the City Attorney to prepare the proper measure requesting the City of Roanoke Redevelopment and Housing Authority to convey unto the Virginia Oepartment of Highways. at no cost several strips of land located on the south side of Orange Avenue. N. E.. in the Commonwealth Redevelopment Project area. needed for the construction of Interstate Spur 5BI. he presented same: whereupon. Mr. Young offered the following Resolution: (~15657) A RESOLUTION requesting the City of Roanoke Redevelopment and Bousing Authority to convey unto the Commonwealth of Virginia certain portions of real estate the City conveyed said Authority by deed dated the lgth day of June. 1963. and in consideration thereof, to properly reduce the City*s grants-in-aid :pursuant to its agreement with the Authority of June B. 1955. as thereafter supplemented, such reduction, however not to exceed the sum of $4.000. (For full text of Resolution, see Resolution Book Ho. 27. page 76.) Mr. Youn9 moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Wheeler. Young and Mayor Stoller ............................... NAYS: None .................O. ZOHING: Council having directed the City Attorney to prepare the proper measure expressing its appreciation for the services rendered by Mr. L. P. Smithey as a member Of the Board of Zoning Appeals. the City Attorney presented same; whereupon. Mr. Wheeler offered the following Resolution: (#15658) A RESOLUTION expressing unto L. P. Snithey the appreciation of this Council and that of the people of the City Of Roan,he for the capable service he has rendered to the City of Roanoke as a member of its Board of Zoning Appeals. (For full text of Resolution. see Resolution Book Ho. 27. page 30' Mr. Rheeler moved the adoption of the Resolution. The motion mas sec,nde. by Mr. Garland and nd,pied by ~he f,Il,ming vote: AYES: #essrs. Garland, Jones. Pollard, Wheeler. Young and Rayor Stoller ................................ 6. NAYS: None .................O. PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure authorizing Roanoke Sammer Theater. Incorporated. to make certain additional alterations to Rockledge lan atop Mill Mountain for use as a summer theater, at its entire expense, he presented same; ehereupon. Mr. Garland ,ffered the following Resolution: (e!5659) A RESOLUTION authorizing Roanoke Summer Theater. Incorporated, o make at its entire expense, certain additional alterations to Rockledge Inn. (For full text of Resolution. see Resolution Book No. 27. page Mr. Garland moved the adoption of the Resolution. The motion was seconde* by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoiler ................................ NAYS: None .................Oo BUDGET-PAY PLA~: Council having directed City Attorney to prepare the prol measure authorizing the City Manager to fill the position of Clerk-Stenographer in the Purchasing Department. the City Attorney presented same; whereupon. Rt. Garland offered the following Resolution: (#15660) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution. See Resolution Book No. 27, page 79.) Rt. Garland moved the adoption of the Resolution. The motion was seconde~ hy Mr. Jones and adopted by the following vote: AYES: Ressrs. Garland, Jones. Pollard, Wheeler, Young and Mayor Stoller ................................ NAYS: None .................OB WATER HEPARTRENT: Council having directed the City Attorney to prepare the proper measure providing for the acquisition of a lO-foot wide permanent easemen~ and a 25-foot wide construction easement approximately 2.500 feet in length across the P. C. Huff Estate property for the sum of $4.375, in connection with the installation of a 20-inch feeder main by the Water Department. he presented same; whereupon. Mr. Wheeler offered the following emergency Ordinance: (~15661) AN ORDINANCE acceptin9 a deed of easement dat~ March 9, 1q64, from The First National ExchanRe Hank of Virginia and John D. Cart, Executors and Yrustees under the will of P. C. Huff, deceased, and others, to the Citl of Roanoke conveyin9 a lO-foot wide permanent ~ater main easement across the property of the P. C. Hnff Estate in the City of Roanoke as therein described in consideration of $4,375.00; authorizing the proper City officials to execute said easement for and on behalf of the City; and providing for an emergency. (For full text of 0rdinanee, see Ordinance Rook No. 27, page 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, Nheeler, Young and Mayor Stoller ........................ 6. NAYS: None ..........O. GARDAUE REMOVAL: Council having directed the City Attorney to prepare the proper measure rejecting bids received on five truck chassis completely equipped with refuse bodies and d irecting the City Manager to readvertise for new proposals On the complete units, the stipulation that bidders on the garbage trucks shall supply the truck chassis through local truck dealers to be deleted from the specifications, he presented same; whereupon, Mr. Young offered the following Resolution: (~15662) A RESOLUTION rejecting all proposals received for supplying five truck chassis completely equipped with refuse bodies; and directing the City Manager to readvertise for new proposals on the complete units, deleting. however, from the specifications that the bidders on the garbaue truc,a ~hall supply the truck chassis through local truck dealers. (For full text of Resolution, see Resolution Book No. 27. page 80.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................ 6. NAYS: None ..........O. FIREARMS: Council having directed the City Attorney to prepare the proper measure outlawing the ownership of BB guns in the City of Roanoke, he presented draft of an Ordinance amending Chapter 4. Title XXlII, of The Code of the City of Roanoke, 1956. by adding Section 13 thereto, making it unlawful for any person within the city to Own or have in his possession any air gun, BB gun or any similar instrument or weapon. In this connection, the Reverend Andrew C. Agnew, Sr., voiced the opinion that the proposed law would be even more difficult to enforce than the present law prohibiting the shooting of firearms within the city. that if another law is needed, which he questions, why not a law prohibiting children from purchasing or carrying BB guns in public unless accompanied by an adult, Mr. Agnew concluding that the proposed law is unnecessary, unenforceable and infringes on the rights of citizens and if Council wants to make him an example to see if said law will hold up in court it can do so. Mr. Landon G. Buchanan also appeared before Council in opposition to the proposed law and voiced the opinion that the present law is sufficient if properly enforced. The matter having been discussed at length, Mayor Stoller moved that the following Ordinance be placed upon Its first reading: 'AN ORDINANCE to amend Chapter 4. 'Offenses Against The Pence* of Title XXIII. t#iademeanora and 'Offenses* of The Code of the City of Roanoke, 1956, bY adding a new section to said chapter, said section being Section 13. BE IT ORDAIMEO by the ¢onncll of the Ufty of Roanoke that Chapter 4. 'Offenses Against The Peace* of Title XXIXI. *Misdemeanors and Offenses* of The Code of the City of Roanoke, 1956, he, and said chapter is hereby, amended by adding a new section thereto, said section being Section 13 and reading and prov~ lng as follows: Sec. 13. ~B-B~ 9n~ ~jr Guns. It shall be unlawful and constitute a misdemeanor for any person within the city to own OF have in hfs posses- sion any air gun, 'B-O' gun, or any similar instrument or weapon made for the purpose of projecting pellets by any means other than the explosion of powder. Any person found guilty of violating this section shall be fined not less than five dollars and not more than twenty dollars. In addition to such fine, the instrument or weapon shall he confiscated.' The motion was seconded by Mr. Garland and lost by the following vote: AYES: Mr. Garland and Mayor Stoiler ................................ NAYS: Messrs. Jones, Pollard, Mheeler and Youn9 ....................4. After a further discussion of the matter, Mr. Garland predicting that in the next generation the Federal Government is going to s~ep in and regulate the ownership of firearms because states and cities are not doing so, Mr. Wheeler moved that the matter of strengthening the present law be referred to the City Attorney for conference with the Superintendent of Police, The motion was seconded by Mayor Stolier and unanimously adopted. MOTIONS AND MISCELLANEOUS BUSINESS: RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS-SCHOOLS: Council having referred the question of purchasing a 7.O3-acre tract of land surrounding the FAA Madio Range at Andrews Road and Nineteenth Street Extension. N. W., designated as Official Tax No. 2340103, at SO per cent of its appraised value of $11,T45. for park purposes, to a committee composed of Messrs~ Benton O.Dillard. Chairman, Walter L. Young, Murray A. Stoller. Arthur S, Owens and Rex T. Mitchell, Jr., for study, report and recommendation. Mayor Stoller stated that he has been informed by the CAtI Manager that the offer expires March 31, 1964. After a discussion of the matter, the City Managere recommending that the tract of land be purchased, Mr. Pollard moved that Council concur in the recommenda- tion of the City Manager and offered the following emergency Ordinance: (~15663) AN ORDINANCE authorizing the City Manager to purchase, for and Off behalf of the City, a T.O3-acre tract of land from the Federal Government surrounding an FAA Radio Range at Andrews Road and lgth Street Extension, M. designated as Official Tax No. 2340103. at 50 per ce~t of its appraised value of $11,745.00 for park purposes; and providing for an e~ergency. (For full text of Ordinance. see Ordinance Book No. 27. page 80.) Mr. Pollard moved the adoption of the Ordinance. The motion nos seconded by Mr. Jan,es and adopted by the follouing vote: AYES: Messrs. Garland, Jones. Pollard. Mheeler. Young and Mayor Stoller ............................... 6. NAYS: None .................O. Mr. Young then offered the following emergency Ordinance appropriating $5,8?2°50 to cover the cost of the land: (~15664) AN ORDINANCE to amend and reordnin Section al?O, *Capital,' of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Dank No. 27. page 01.) Mr. Young moved the adoption Of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the follo~ing vote: AYES: ~essrs. Garland, Jones. Pollard. Mheeler, Young and Mayor Stolle~ ........................................ 6. NAYS: None ..........................O. ZONING: Mr. L. P. Smithey having resigned as a member of the Board of Zoning Appeals. Mayor Stoller called for nominations to fill the vacancy. Mr. Garland placed in nomination the name of John N. Chappelear, Jr. There being no further nominations, ~r. John ~. Chappelear, Jr.. was elected as a member of the Doard of Zoning Appeals to fill the unexpired term of Mr. L. p. Smithey. resigned, ending December 31, 196~, by the foliowiqg vote: FOR MR. CHAPP£LEAR: Messrs. Garland, Jones. Pollard, ~heeler, Young and Mayor Stoller ................................ 6. On motion of Mr. Garland, seconded by Mr. Jones and unanimously adopted, the meetin9 was adjourned. APPROVED ATTEST: City Cler~ Mayor ,34 COUNCIL, REGULAR MEETING, Mondayt March 30, 1964. The Council of the City of Roanohe met in regular meeting in the Council Chamber in the Municipal Building, Monday, March 30, 1964, at 2 p,m** the regular meeting hour, with Mayor Stoller presiding. PRESENT: Councilmen Robert A. Garland, James E. Jones, Roy R. Pollard, Sc** Vincent S. Mheelec, Mai*er L. Young and Mayor Murray A. 5toiler ABSENT: None ...........................................................O. OFFICERS pRESENT: Mr. Arthur S. Owens, City Manager. Mr. Randolph Go Mhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Eo Mum*zing, Pastor, Bollins Road Church of the Brethren. MINUTES: Copy Of the minutes of the regular meeting held on Monday, March 16, 1964, having been furnished each member of Council, on motion of Mr. Mheeler, 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: NONE, PETITIONS AND COMMUNICATIONS: TRAFFIC: A communication from Mr. Storer P. Mare, Jr., President of the Roanoke Fine Arts Center, requesting that Kirk Avenue, S. M., between Jefferson Street and First Street, be closed from 8 a.m. to 5 p.m., Saturday, June 6, 1964, with an alternate date of June 13, 1964, for the Sidewalk Arts Festival, 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. Jones and unanimously adopted. ZONING: A communication from MFo Morton Boneyman, Attorney, representing C 6 C, Incorporated, requesting that property located on the northwest corner of Highland Avenue and First Street, S. E., described as Lot 9, Block 5, Official Sucre S. E. 3, Official Tax No. 4020710, be rezoned from Special Residence District to Business District, was before Council. On motion of Mr. Garland, seconded by Mr. Wheeler and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. BUDGET-AUDITS-SCHOOLS: Council, upon recommendation of its Audit Com- mittee, having instructed the Roanoke City School Board to deposit the unexpended balance of funds on deposit to the credit of Roanoke City Public Schools Grant Fund with the City Treasurer so that Council might appropriate all of said funds to the School Board account of the 1964 budget in order that said funds may be lawfully expended, a communication from Mr. A. F. Fisher, Clerk of the School Board, advising thnt the naexpended balance of $5,??4°02 bas been deposited with the City Treasurer and requesting that this anount be appropriated to the School Hoard account, was before the body. Mr. Young moved that Council concur in the reqaest of the School Hoard an offered the following emergency Ordinance: (z15665) AN ORHINANCE to amend and reordain Section hiS000, 'Schools- Miscellaneous,# of the 1964 Appropriation Ordinance, and providing for an emergency (For full text of Ordinance, see Ordinance Hook No. 27, page Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr, Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollards Rheeler, Young and Mayor St,Ilar ................................ NAYS: Noae ..................O, COMPLAINTS: A petition signed by 45 property owners, requesting that the owner of the Star City Auditorium, 105 Wells Avenue, N. ~., be compelled to install a light at the exit of the building, clean the sidewalk in front of the building after dances and terminate dances held on Saturday night not later than uidnight, was before Council. On motion of Mr. Mheeler. seconded by Mr. Jones and unanimously adopted. the petition was referred to the City Manager for study and report to Council. FIREARMS: Communications from Mr. Donald F. Sullivan and Mr. E. L. Wright, urging that the law prohibitin9 shooting of HB guns in the City of Roanoke be enforced rather than enacting a new law prohibiting the ownership of BB guns in the city. were before Council. On motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted the communications were filed. AUDITORIUH-COLISEUM: Council having authorized the holding of a refer- endum on March 24. 1964. on the question of issuing bonds not to exceed $5.500.000 for a Civic Center, the following Certificate of the Canvassers of Election, certifying that 6,606 votes were cast for the question and ?,138 votes against, vas before the body: ~CERTIFICATE OF CANVASSERS We. the undersigned Canvassers of Election. appointed by the Electoral Board of the City of Roanoke. pursuant to an Ordinance adopted by the Council of the City of Roanoke. Virginia. on the 2?th day of January. 1964. to take the sense of the freehold voters of the city as therein provided; said Ordinance being Ordinance No. 15570 and entitled: *An Ordinance directing and pr,riding for the holding of an election in the City of Roanoke. Virginia. to determine whether the freehold voters of the City of Roanoke will approve an ordinance, No. 15505, duly adopted by the Council of the Citl of Roanoke on the 9th day of December, 1963' do hereby certify that at an election held on the 24th day of March, 1964, votes were cast as follows: QHESTION: Shall Ordinance No° 15505, adopted bI the Council of the Gity of Roanoke on the 9th day of December, 1963, entitled 'An Ordinance to provide for the issue of bonds not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) to defray the cost of permanent public improvements, to-wit: acqnisition of sites for, construction and equipment of a civic center consisting of a auditorium and other public buildings including access facilities, 35 parking areas and landscepiog.ie connection therewith* be approved? FOR 6,606 AGAINST Given under our hands this 26th day of March, 1964. S! 0t Sv Clark $/ Jasper S/ S.,,,,,H~ Booth S! I. T. Jordan S/ S. Clay Dillon On motion of Mr. Wheeler, seconded by Mr. Young and unanimously adopted, the certificate was filed. In this connection, Mayor Stoller stated that he favors proceeding immediately with an attempt to erect a coliseum on the Commonwealth Redevelopment Project site since studies indicate the coliseum is the only structure which is likely to pay its own way, Mayor itoller voicing the opinion that the city will have to take what Jt can get of the proposed Civic Center if it is going to get anything else at all and making the following recommendations: i. Purchase for $500,000.00 of Commonwealth coliseum site. 2. Authorize Roanoke City banks and savings and loan institutions to receive contributions for the erection of Roanoke coliseum. 3. Authorize City Attorney to prepare necessary papers setting a referendum to be submitted to the freeholders on the llth day Of August, 1964, to authorize the issuance of bonds to finance the construction of Roanoke coliseum at a cost of $2.372,000.00. 4. Send a commnntcation to the governments of the Roanoke Valley inviting their participation in the construction and operation of the Roanoke coliseum and allied structures. The City Clerk brought to the attention of Council communications from Mrs Paul D. Rowan and Mr. W. J. Hubba, Jr** suggesting that a subscription drive of the entire Roanoke Valley be initiated to finance the entire Civic Center project; also, a communication from Mr. R. E. Culler, President of the Roanoke Broadway Theater, advising that the organization is anxious that the Civic Center prospect, especially the auditorium prospect, not be lost totally or permanently Jeopardized by make-do substitutions for the total project, but Jf the auditorium-exhibit hall and coliseum must be constructed at separate intervals, that consideration be given to conitrnctin the auditorium-exhibit hall first. Dr. C. M. Corn*Il appeared before Council, stating that he would hate to see Council oct in haste, and urged that the body meet with the Citizens* Committee which promoted the Civic Center, of which be is a member, prior to taking any definite action on the matter. ATZF~T: S! Virginia L. Shaw City Clerk* Mr. Heverley T, Fltzpatricko Jr,, · student ut PatrJch Henry High School, stated that the students of Roenohe are in favor of a Civic Center, that they feel the Commonwealth Redevelopwent Project site is the best site for the facllity and that they are willing to help in any may they can toward the realization of a Civic Center In Roanoke. Mr. Robert H. Magnet voiced the opinion that the Civic Center should be financed by public subscription and stated that he feels Highland Park would be an ideal site for the Civic Center. In a discussion of the recommendations of Mayor Stoller. Mr. Pollard voiced the opinion that Council should ascertain whether or not the City of Roanoke Redevelopment and Housing Authority will renew the ¢ity*s option on the Commonwealtl Redevelopment Project site for another year before proceeding any further. Mayor Stoller replied that he has Just come from a meeting of the Redevelop- of its option for a period of about three months, and moved that the city exercise Its option on the Commonwealth Redevelopment Project site and that the matter be referred to the City Attorney for preparation Of the proper measure. The motion was seconded by Mr. Garland. Mr. Pollard offered a substitute motion that the entire question of a Civic Center be taken under advisement and that the City Manager be directed to ascertain whether or not the City of Roanoke Redevelopment and Housing Authority will renew the city*s option on the Commonwealth Redevelopment Project site for a period of one year beginning May l. 1964. The motion was Seconded by Mr. Young and adopted, Mayor Si.lief voting no. Mr. Pollard then moved that Mr. Garland, Chairman of the Auditorium- Coliseum Committee, he requested to call for a meeting of his committee with the Civic Center Citizens* Committee, representatives of the Roanoke Valley political subdivisions and other interested groups to consider the entire matter. The motion was seconded by Mr. Jones and unanimously adopted. REPORTS OF OFFICERS: STREET LIGHTS: ~he City Manager submitted a written report, recommending the installation of three street lights on Florist Road, H. W.. and eleven street lights in the vicinity of the Roanoke Memorial Rehabilitation Center, six of the lights to be installed on Crystal Spring Avenue, S. W., between McGlanahan Street and Wiley Drive. and five of the street llghts to be installed on Jefferson Street, between McClanahan Street and Wiley Drive. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (a15666) A RESOLHTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution, see Resolution Hook No. 27, page 38 Hr. Garland moved the adoptJo~ of ~he Besolutio~. The aotl~n was seconde¢ by Mr. Pollard and adopted by the /ol]omJng vote: AYES: Messrs. Garland, Jones, Pollard, Nh*el*r, Young and Mayor SCalier ................................ NAYS: None ..................O, BUDGET-CITY AUDITOR: The City Manager submitted ~ mrltten report, trans- mitting a request of the City Auditor that $1.O00 be appropriated for extra help due to personnel changes and extra work in the office during the year, and recommended tbatthe request be granted, Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#IS66T) AN ORDINANCE to amend and reordain Section ~10. ~Auditor,m Of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinanoe Book No, 27, page B5,) Mr. Pollard moyed the adoption of the Ordinance, The motion was seconded by Mr, Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mb.el.re Young and Mayor Stoller ................................ NAYS: None ..................O. DUDGET-OEPARTMENT OF PUBLIC ~ORKS: Council having accepted the bid Antrim Motors, Incorporated, for an automobile for the Engineering Department in the amount of $2,695 at its me*tin9 on March 2, 1964. the City Manager submitted a written report, advising that only $2,400 is ~ncluded in the budget for the automobile, and recommended that the difference of $295 be appropriated. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~1566B) AN ORDINANCE to amend and reo~dain Section ~80, "Engineering,~ of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 65.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ................................ 6. NAYS: None ..................O. BUDGET-CITy MANAGER: The City Manager submitted'a ~ritten report, recommending that $5 be appropriated to Insurance under Section ~3, "Manager,# of the 1964 budget, to cover the fee for renewing the commission of the Secretarial Assistant ia his office as a Notary Public. Rt. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~156&9) AN ORDINANCE to amend an~ reordatn Section ~3, "Manager," of the 1964 Appropriation Ordinance, and providing for an emergencyo (For full text of Ordinance, see Ordinance Book No. RI, page 86.) I Hr. Garland moved the adoption of the Ordinance. The motion mas seconded by Mr. Mheeler and adopted by the following vote: AYES: Nessrs. Garland0 Jones. Pollard. Nbeeler. Young and Mayor Stoller ................................ NAYS: None ..................O. BUDGET-~ARKS AND PLAYGROUNDS: The City Manager submitted a written report, advising that the Rochledge Inn Improvement Fund Committee has deposited $2o178 mith the City Treasurer. representing donations Jn connection with the remodeling of Rochledge Inn for use as a summer theater by a professional theatrica 9£oup. and recommended that this amount he appropriated to the Rockledge Inn Improvement account under Section =170. #Capital." of the 1964 budget. Hr. Nheeler moved that Council concur in the recommendation of the City Homager and offered the following emergency Ordinance: (=15670) AN ORDINANCE to amend and reordain Section =170. "Capital.# of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance D,oh No. 2?0 page Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Nheelcr. Young and Mayor St,liar ................................ NAYS: None ..................O. STREETS AND ALLEYS: Council having referred to the City Manager for study, report and recommendation a request of Mr. J. P. Dale that Idlewild Boulevar( N. E.. be included in the blacktopping program for 1964. the City Manager submitted a written report, advising that the street is not included in the schedule for blacktopping this year. but that he plans on maintaining it under the usual street maintenance pr,gram, and. if there are any funds left. this street, along Nith many others in the city. will be given consideration prior to a final decision being made On where the paving will be done. On motion of Mr. Garland, seconded by Mr. Wheeler and unanimously adopted the report was filed. BUDGET-PAY PLAN: The City Manager submitted the following report. recommending that certain vacancies in various municipal departments be filled since they are of an emergency nature. "Roanoke. Virginia March 30. 1964 To the City Council Roanoke. Virginia Gentlemen: WELFARE DEPARZMENT - I am in receipt of a letter from the Director of Public Nelfare. Miss Bernice F. Jones. advising me that Mr. David B. Parks resigned as Superintendent of Juvenile Detention Home. effective March 31. 1964. Since our personnel at the Detention Home is at the minimum. I urge your authority to employ a superintendent immediately. 39 CITY MAg[ET - !t is Imperative that ! request your permission to employ · Janitor in Second Classification at the City Market effective April 1. 1964, mENAgE TREATMENT PLANT - X un inrecelp~ of a letter Iron Hr, H. S, Zimlerwan, Superiatendent of the Sewage Treatment Plant, requesting permission to replete a man on the maintenance crew, Respectfully submitted, S! Arthur S, Owens City Manageru Yr. ~heeler 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 unanlnously adopted. BUDG£T-DEPARTHENV OF PUBLIC NELFARE: Council at its meeting on September T, 1943, having appropriated funds for repairs to the Oregory Avenue School bulldio in order that It might be used for the Northeast Nursery School, the City Manager submitted a written report, pointing out that the Nursery has now moved to Its new quarters on Fifth Street, N. M., north of Hanover Avenue, and that since several years ago the city condemned the top part of the building It is his recommendation that he be authorized to raze the building, disposing of it to the best interest of the city on a public bid with appropriate instrument to save the city harmless from claim. Mr. ~heeler moved that Council concur tn 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 adopted. REPORTS: The City Manager submitted u written report, transmitting a report of the Department of Public Nelfare for the month of December, 1963. and listing monthly departmental reports on file in his office. On motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted, the report was filed, STATE HIGHWAYS: Conncil at its last regular meeting having adopted a Resolu,tion directing the City Manager to request the Virginia Department of Highways to promptly commence programming a project on Route 460 from the east corporate limits westwardly to connect with the Interstate Spur 581 interchange at Orange Avenue and Second Street, N. E., at a construction cost basis Of 05 per cent State and 15 per cent City, the City Manager submitted a ~ritten report, advising that the word *construction" should be eliminated from the Resolution as there are rights of way to be secured In addition to the construction cost and the Department of Highways feels this should be clarified. Rt. Wheeler moved that Council concur in the recommenda'tion of the City R~nager and offered the following Resolution repealing Resolution No. 15654: {~15671) A RESOLUTION repealing Resolution No. 15654, (For full text of Resolution, see Resolution Book No~ 27, page 67.) AYES: #essrs. Garland, Jones, Pollard, Rheelero Young and Mayor Stol'ler ................................ 6. NAYS: None ..................O. Mr. Rheeler then offered the foil*ming Resolution eliminating the word #construction#: (s15672) A RESOLUTION directing the City Manager forthwith to request the Department of Highways of the Commonwealth of Virginia to promptly commence programming a project on Route 460 from the east corporate limit mestwardly to connect with Interstate Spur 581, interchange *at Orange Avenue and 2nd Street, N, E., on a cost basis of '85 per cent State and 15 per cent City. (For full text of Resolution, see Resolution Rook No. 27, page 87.) Mr. Nheeler moved the adoption of the Resolution. Yhe motion was sec*nde( by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ................................ 6. NAYS: None ..................O. CITY AUDITOR: The City Auditor submitted a financial report for the mom of February, 1964, On motion of Mr. Wheeler. seconded by Mr. Pollard and unanimously adopted, the report was filed. 'ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. So Po Nachley that property locat;d on the south side of Thurston Avenue, N[ E., between ~llhins Street and Milliamson Road, described as Lots 27-30, inclusive, Block B, Williamson Groves, Official Tax Nos, 3070250 and 3070251, be rezoned from General Residence District tO Business District. the City Planning Commission submitted the following report. recommending that the request be denied: #March 6, 1964 The Ronorable Murray A. Stoller, Mayor and Members of City Council Roanoke. Virginia Gentlemen: The City Plannin9 Commission considered the ab*rarer*ming r~ques~ during its March 4, 1964 meeting. Yhe Planning Commission was informed by the petitioner that he is planning to re-use his property for business purposes in order to derive greater benefits from his real estate investment. After careful consideration of ail factors involved, and having made field inspection of the general area, the City Planning Com- mission concluded that in spite of the proximity of the commercial development fronting on Mllliamson Road, the predominant character of the area is residential and that fez*ming of the two properties involved mould constitute spot zoning. It was therefore found that commercial development for said properties mould be incompatible with the surrounding uses and detrimental to existing residential land use. The Planning Commission therefore recommends to City Council that the above fez*ming request he denied. Respectfully submitted, .S/ W. K., Sensbach for Henry B. Boynton Chairman~ in t~ls connec{iono the ~Clty Clerk presented a communication from Hr, Nnckley, requesting permission to mithdraw the petition for rezoning, Mr. Jones moved that Conncil concur in the request and that the petition for rezoning he mithdrumno The motion mas seconded by Mr. Garland and unanimously adopted, REPORTS OF COMMITTEES: AUDITS~SCHOOLS: The Audit Committee submitted a mritteo report, trans- mitting a report of the City Auditor, together ultb audit reports of Lucy Addison High School Activities and the Account of Roy A. Newkirk, Director of Vocational and Adult Education of the Roanoke City Schools. On motion of Mr. Pollard seconded by Mr. Jones and unanimously adopted, th, report was received and filed. PURCHASE OF PROPERTY: Council having referred to a committee composed Of Messrs. Arthur S. Owens, Chairman, Randolph B. Whittle, J. Robert Thomas and Roy Pollard. St., for study, report and recommendation an offer of Mr. Elbert B. Maldron, Real Estate Agent, representing Magic City Mortgage Company, Incorporated, to sell to the City of Roanoke property located be*wee* Luck Avenue and Church Avenue. S. W., east of Fourth Street. described as Lots 2, 3 and 4, Block 3, Officia: Survey. Official Tax Nos. 1012004. 1012005 and 1012006, for the sum of ~90,000, and a portion of Lot 1, Official Tax No. 1012001, in which he has an interest, for the sum of ~30,000, if the city is interested in purchasing the property onned by Magic City Mortgage Company, Incorporated, the committee submitted a written report~ advisin9 that it visited the property and does not recommend the purchase of the lot as there are no plans or provisions in the budget to enlarge or expand the city facilities which would cause the property to be needed at this time. Mr. Garland moved that Council concur in the recommendation of the com- mittee and that the offer be rejected. The motion was seconded by Mr. Pollard and unanimously adopted. PURCHASE OF PROPERTY: Council having referred to a committee composed of M~ssrs. Arthur S. Owens, Chairman. Randolph G, Whittle, J. Robert Thomas and Roy R, Pollard, 5r** for study, report and recommendation an offer of Stanford and Inge, Incorporated. to purchase property located on the north side of Church Avenue, $o east of Third Street, described as Lots 51, 52, 53, 56, 57 and 58, Block 1, Woodland Park, Official Tax Nos. 4010126, 4010125, 4010124, 4010121, 4010120 and 2010119, at }200 per lot. or to lease the lots at $200 per year, the committee submitted a uti*ten report, advising that it visited the property and does not recommend that it be sold or leased at this time. Mr. Garland moved that Council concur in the recommendatiog of the com- mittee and that the offer be rejected. The motion was seconded by Mr. Pollard and unanimously adopted. PURCHASE OF PROPERTY: The Real Estate Committee composed of Messrs. Arthur S. Owens, Chairman, Randolph G, Whittle, J. Robert Thomas and Roy R. Pollard, St,, submitted a written report, transmitting an offer of Mr. Lawrence R. No*Il to sell to the City of Rganoke a portion of Lot 14, Block 15, Kaverly Place, Official Tax No, 4320214, for the sum of $500, in order that an alley might be extended from Kenwood Boulevord to Greenbrier Avenue, S, E., in the 1800 blockt and advising that the committee visited the property, at which time the Superintendent of Refuse Collection and the Assistant City Engineer Joined mlth the committee in the dis- cussion, that mhlle the committee realizes there is some merit in attempting to Improve the refuse collection in the lO00 block between Kenwood Boulevard and Greenbrier Avenue It is the suggestion of the committee should the property owners in the area agree by letter to donate sufficient land necessary for the turnin9 movement the question of improvements in the alley be considered by Council at that tine. that it would appear strips of land are needed from properties designate ns Official Tax Nos, 4320211, 4320221, 4320209 and 4320210, as well as 4320214, that if the land can be secured the Engineering Department could do the construction work and make the alley nor, passable, but the committee does not recommend the purchase of the lots as proposed, Mr. Garland moved that Council concur in the recommendation of the committee and that the offer be rejected, The motion was seconded by Mr. Pollard and unanimously adopted. PURCHASE OF PROPERTY: The Real Estate Committee composed of Messrs. Arthur S. Owens, Chairman, Randolph U, Whittle, J. Robert Thomas and Roy R. Pollard Sr., submitted a written report, transmitting an offer of Mr. G. Keen Campbell to sell to the City of Roanoke property located between Luck Avenue and Marshall Avenue, S. W., west of Three and one-half Street, described as Lots 3. 4 and 5, Block 6, Official Survey S. W. 8, Official Tax Nos. 1012413, 1012414 and 1012415, and Lot 15, Block 2, Lewis Addition, Official Tax No. 1012445, for the sum of $55,000, as a site for building additional office facilities, the committee advisin( that it does not recommend the purchase of the property at this time as there are no plans or provisions in the budget to construct a building or expand the city facilities to need the property. Mr. Garland moved that Council concur in the recommendation of the committee and that the offbr be rejected. The motion was seconded by Mr. Pollard and unanimously adopted. SALE OF PROpERTy: The Real Estate Committee composed of Messrs. Arthur Omens, Chairman, Randolph G. Whittle, J. Robert Thomas and Roy R. Pollard, submitted a written report, transmitting an offer of Mr. H. L. maid, Real Estate Agent, to purchase property located on the east side of Fifteenth Street, S. north of Salem Avenue, described as Lot 1, Block 3, R. J. Wright Map, Official Tax No. 1211011, for the sum of $250, and recommending that the offer be accepted. Mr. Wheeler moved that Council concur in the recommendation of the com- mittee and 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. 44_ MATES DEPARTMENT: Council having referred to a committee coup*wed of #essrs. Mai,er L. Young. Chairman. James E. Jones. Arthur S. Omens. Raymond £. Pillow and 6. Cie,us 6royles for tabulation and report bids received on furnishing and installing 20-inch cast iron feeder main and 24-inch cast iron suction pipe and appurtenances rot the Mater Department. the committee submitted a written report. adelslng that the bid cf the Lambeth Construction Company in the amount of $241.2g1.~0 Is the lowest and best bid and recommending that it be accepted. Mr. Young moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (=15&73) A~ ORDInAnCE accepting the proposal of Lambeth Construction Company for furnishing and installing 20" feeder main and 24" suction pipe for the Water Department; authorizing the proper City offimials to execute the requisite contract; rejecting all other bids; and providing for an emergency. (For full text of Ordinance. see Ordinance 6*ok No. 2?, page Mr. Young moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Wheeler. Young and Mayor St*lieF ................................ 6. NAYS: None .................. DEPARTMENT OF PUBLIC ~ORK$: Council having referred to a committee composed of Messrs. Mai*er L. Young, Uhairman, Arthur S. Owens, Ho Cie*us 6royl~s and Duel*rd 6. Thompson for tabulation and report bids received on a portable roller for the Street Repair Department, the committee submitted a written report, together with a tabulation of the bids, advising that one bid was submitted on a 3 ton portable roller, which bid does not meet specifications, and recommending that the low bid of Municipal Sales Company, Incorporated, on a 4 to 6 ton portable roller in the amount of $5,125, be accepted. The City Auditor advising that at the time the 1964 budget was adopted it was thought the present roller iff the Street Repair Department would be traded in on the new roller so funds were appropriated for replacement of equipment instead of new equipment, but it now develops the present Foiler has been repaired and is In use; consequently, funds for the new roller will have to be transferred from the replacement account to the new account, Mr. Young moved that the City Manager be directed to ascertain whether or not the new roller is needed and to report back to Council. The motion was seconded by Mr. ~heeler and unanimously adopted. At this point, Mr, Jones called attention to a recent breakdown of equipment at the East Gate landfill site and moved that the City Manager be requested to investigate the status of equipment in use at the landfill and to report back to Council. The motion was seconded by Mr. Pollard and unanimously adopted. DEPARTMENT OF PUBLIC WORKS: Council having referred to a committee compose of Messrs. Robert A. Garland, Chairman, Arthur S. Owens, H. Cletus 6royles. 6. S. Zimmerman and Rex T. Mitchell, Jr., for tabulation and report bids received on seven tracks for various wunicipal departments, the cowslttee submitted a written report, together ulth a tabulation of the bids, nnd recommended that the respective bids be accepted. Mr. Garland moved that Council concur Jn the recommendation of the committee and offered the following Resolution: (m15674) A RESOLUTION accepting certain bids for supplying motor vehicular equipment to various City Departments. , (For full text of Resolution, see Resolution Rooh No. 27. page BB.) Mr. Garland moved the adoption of the Resolution. The motion was secondec bI Mr. Pollard and adopted bi the following vote: AYES: Messrs. Garland, Jones, Pollard, #heeler° Young and Mayor Stoller ................................ 6. NAYS: None ..................O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 1565D, vacatin9, discontinuing and closing that portion of an alley lying between Lots 27 and 28. Block 11, Villa Heights, and Lot 5, Gray Map, parallel to Forest Park Boulevard and Crescent Street N. M., north of Melrose Avenue, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Pollard offering the foil*win9 for its second reading and final adoption: (~15650) AN ORDINANCE vacating, discontinuing and closing that portion of a certain unopened paper alley running through the lands of Davis Enterprises, Incorporated, along the westerly lines, Lots 27 and 28. Block 11. Map of Villa Heights, and which alley runs generally in a north-south direction, parallel to and between Forest Park Boulevard and Crescent Street, N. W., in the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 27, page 81.) Mr. Pollard moved the adoption Of the Ordinance. The motion was seconded bi Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ................................ NAYS: None ................. O. BUDGET-PAY PLAN: Council havtn9 directed the City Attorney to prepare the proper measures authorizing theCity Manager to fill thirteen vacancies in the Sanitation Division Of the Department of Public Works and creating'the new classifications of Incinerator Operator and Clerk-Dispatcher under the Pay Pla~, he presented same; whereupon, Mr. Garland offered the following Resolution authorizing the City Manager to fill the thirteen vacancies: (m15675) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Res*la,low Book No. 27, page 89°) '45 ¸4,6 Hr, Garland mated the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the follomlng vote: AYES: Uessrs, Garland, Jones, Pollard, Wheelero Young and Mayor Stoller .............................. NAYS: None ..................O. Mr, Jones then offered the following emergency Ordinance creating the new clastifications under the Pay Plan: (s15676) AN ORDINANCE amending Ordinance No. 14300, as amended, so as to add the following Job Titles and describe their duties, via.: Incinerator Operator and ClerkoDlspatcher; and proyJdlag for an emergency. (For full text of Ordinance, see Ordinance Rook No. 27, page go.) Mr, Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Nh.cleF and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ................................ 6. NAYS: None ..................O. BODGET-MUNIC1PAL RUILDING: Council having directed the preparation of an Ordinance amending and reordaining Section #81, 'Traffic Engineering and Communica- tions,# of the 1964 budget, by appropriating $1,487o50 to Personal Servlcesand $675,O0 to Rentals in order that the two-position PBX switchboard in the Municipal B~ilding can be replaced with a three-position mutllple, switchboard and an extra operator employed to work each day during peak periods, the matter was before the body. After a discussion of the matter, Mr. Jones voicing the opinion that clerical employ.,sol the city could he trained to fill in during peah. periods and to relieve the switchboard operators for break periods, Mr. Nh,clef moved that action on the matter be deferred for six months, and, in the meantime, the City Manager be requested to attempt to have clerical employees in the Municipal Building trained to relieve the switchboard operators for break periods. The motion was seconded by Mr. Jones and unanimously adopted, FIREARMS: Council having directed the City Attorney to confer with the Superintendent of Police with a view of strengthening the provisions.of the City Cole with regard to BR guns, he submitted draft of an Ordinance; whereupon, Mayor Stoller relinquished the Chair and moved that the following Ordinance be placed upon its first reading: (~1~677) AN ORDINANCE to amend Chapter 4. 'Offenses Against The Peace* of Title XIlII. *Misdemeanors and Offenses* of The Code of the City Of Roanoke, 195&, by adding a new section to said chapter, said section being Sec. O (a). *Minors carrying guns*. RE IT ORDAINED by the Council of the City of Roanoke that Chapter 4. *Offenses Against The Peace' of Title IIIII. *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 section being Sec. ' (a), 'Minors carrying guns* and reading and providing as follows: Sect fl (a}. Minors carr¥inq qunso It shall be unlawful for any minor under the age of eighteen years to carry about his person, concealed or otherwise, along or within any of the public streets, public parks, or public pl~ces within the city any gun, rifle OF pistol including air and eBB* guns and pistols unless constantly accompanied by a parent, guardian or adult official of an organized youth club or organization. Any person found guilty of violating this section shall be fined not less than five dollars nor more than twenty dollars for each offense. The notion was seconded by Mr, Rheeler and adopted by the following vote: AVES: Messrs. Jones, Pollard, Stoller, Wheeler. Voung and Vice Mayor Garland ................................ 6. NAVS: None ..................O. MOVION5 AND MISCELLANEOUS BUSINESS: PURCHASE OF PROPERTY-PARES AND PLAYGROUNDS: Counc il at its last regular meeting having concurred in three of the four recommendations of the committee appointed to study the offer of Mr. Maury L. Strauss to donate 15 acres of land located west of Peters Creek, in Roanoke County. between Salem Turnpike and Shenandoah Avenue, to the City of Roanoke for park purposes, and the purchase of an additional eleven acres of land located east of Peters Creek, in Roanoke City, from Mr. Strauss, and having directed that further study be given to the fourth recommendation that the city enter into an agreement with Mr. Strauss to pave Rest Side Boulevard, N. W., from Shenandoah Avenue to Green Spring Avenue, a distance of 2,125 feet at a cost of $31,G?$, of which the developer would pay one-half, Mr. Phil R. Rylton, representing the Mestwood-Milmont Farms Civic League, appeared before the body, pointing out that a previons request of the residents of that area that the city purchase a tract of land located between Mulberry Street and Miller Street, N. M., at the corporate limits, Official Tax No. 2720104, for park purposes, was referred to the same committee, and advised that the citizens of this area are very much concerned about a park for their section, that they feel the Strauss property is an ideal site and should be acquired now. Mr. W. I. Edwards also spoke in favor of acquisition of the Strauss property and expressed the hope that the committee will be able to work out an agreement with Rt. Strauss for the paving of West Side Boulevard. Mayor Stoller advised Messrs. Hylton and Edwards that the committee is studying the matter. ZONING: Mr. Jones brought to the attention of Council a communication from Mr. V. A. Lester, Martinsville. Virginia, transmittin9 an amendment to the Zoning Ordinance of the City of Martiasville regulating the construction of apartmen houses, and moved that the Ordinance be referred to the Citizens' Advisory Committee appointed to assist in the drafting of a new Zoning Ordinance for the City of Roanoke for its information. The motion was seconded by Mr. Pollard and unanimously adopted. ;47 ,.48 On motion or Mr, Jones. seconded by Mr. Garlsnd and unanimously ndopted. the meeting uas adjourned, APPROVED ' City Clerk Mayor COUNCIL, REGULAR MEETING, Monday, April 6, 1964. The Council of the City of Roanoke met in regular meeting la the Council Chamber in the Municipal Building, Monday, April 6, 1964, at 7i30 p,m** with Mayor Stoller presiding, PRESENT: Councilmen Robert A, Garland, James E. Jones, Roy R. Pollard, SF Vincent S, Mheeler, Walter L. Young and Mayor Murray A. Stoller ABSENT: None ........................................................O. OFFICERS PRESENT: Mr. Arthur S. O~ens, City Manager, Mr. James Klecanon, Assistant City Attorney, and Mr. J. Robert Thomas,City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Paul R. 23, 1964, having been furnished each member of Council, on motion of Mr. Pollard, seconded by Mr. Jones and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. IIEAR1NG OF CITIZENS UPON PUBLIC MATTERS: GARBAGE REMOVAL: Pursuant to notice of advertisement for bids on five truck cabs and chassis coopletely equipped with refuse bodies, said proposals to be received by the City Clerk until 5:00 p.m., Monday, April 6, 1964, and to be opened at 7:30 p.mo, before Council, Mayor Stoller asked if anyone had any questions about.the advertisement. Mr. Ronald A. Spunar, representative of the Truck Equipment Corporation, advised that he was in an automobile accident on his way from Richmond to Roanoke and that the delay prevented the filing of his bid in the office of the City Clerk by the 5 o'clock deadline, Mr. 5punar requesting permission to file the bid at this time. Mayor Stoller relinquished the Chair and moved that the bid of the Truck Equipment Corporation be received. The motion Has seconded by Mr. Young and unanimously adopted. Mayor 5toller then instructed the City Clerk to proceed with the opening of the bidsl mhereupon, the City Clerk opened and read the following proposals: Bidder Cab & Chassis Bodies ~ Truck Equipment Corp. Chevrolet Truxmore $39,764.95 Ford Truxmore 41.35q.40 International Truxmore 41,489.45 GMC Truxmore 42,623.35 Smith-Moore Body Co., Inc. International Hell 41,405.00 An*rim Motors, Inc. Dodge Leach 41,990.00 International Harvester Co. International Gar Mood 42,115.60 The Tidy Corporation GMC Leach 42,395.00 International Leach 45,582.00 Diamond Chevrolet Corp. Chevrolet - 43,300.00 Municipal Sales Co., Inc. Ford Pak-Mor 45,135.40 Truck Sales, Incorporated Dlamond-T Load-Master 47,238.15 Magic City Motor Corp. Ford Leach 48,155.00 Dlckerson GMC, Inc. GMC __ 51,995.00 Mr. Mbeeler moved that the bids be referred to a committee to be appolate, by the Mayor .rev tubal, etlon and report to Couocil~ the City Attorney to prepare the proper measure accepting the proposal of the lomest responsible bidder. The motion mas seconded by Hr. Garland and unanimously adopted. Mayor. Stoller appofnte~ Messrs. Melter L, Young, Chairman, Arthur S. Omens H. Cie,us Hroyles and Bueford H. Thompson as members of the committee. GARBAGE REMOVAL: Pursuant to notice'of advertisement for bids on one refuse body. said proposals to be received by the City ~lerk until 5:00 p.m., Monday. April O, 1964, a~ to be,opened at 7:30 p.m., before Council, Mayor Stellar asked if anyone had any questions about the advertisement. In this connection, Mr. Ronald A. Spunar, representative of the Truck Equipment Corporation. advised for reasons previously stated he nas unable to file his bid in the office of the City Clerk by the 5 o'clock deadline and requested permission to file the bid at this time. Mayor Stoller relinquished the Chair and moved that the bid of the Truck £quipment Corporation be received. The motion was seconded by Mr. Young and unanimously adopted. Mayor 5toiler then instructed the City Clerk to proceed mith the opening of the bids; whereupon, the City Clerk opened and read the following proposals: Bidder Make Bid Smith-Moore Body Company Incorporated ~ Hell - $3,910.00 The Tidy Corporation Leach - . 4,183.25 Truck Equipment Corporation Truxmore - 4,195.O0 City Tank Corporation - Load-Master - 4,200.00 Raker Equipment Engineering Company Gar Mood - 4,406.O0 Municipal Sales Company, Incorporated - Pack-Mot - 4,661.bl Mr. Wheeler moved that the bids be referred to a committee to be appointe( 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 mo}ion seconded, by Mr. Pollard and unanimously adopted. Mayor Stoller appointed Messrs. walter L. Young, Chairman, Arthur S. Owens H. Cletus Broyles and Bueford B. Thompson as members of the committee. ZONING: Council having previously set a public hearing for 7:30 p.m., April 6, 1964, on the request of Mr. R. C. Bell, et ux., that. property located on the north side of McClanahan Street, S. W., between Rosalind Avenue and Carolina Avenue, described as Lot 3, Olock 41~.Crystnl Spring, Official Tax ~o. IO40803, be rezoned from Special Residence District to Ousines! District, the matter was before the body. In this connection, the follo~in9 communication from the City Planning Commission, recommending that the request be granted based on the assumption that aa office building will be constructed oa the lot. mas before Council: "February ~O, 1964 The Honorable Murray A. Stoller, Mayor, and Members Of City Council Roanoke, Virginia rs e Gentlemen: ~ The City Planning Cometssion'considered the above rezosing request during its regular meeting of February 19, 1964. The attorney for the petitioners stated that the construction of a two-story office building is contemplated for this property. The City Planning Commission, after careful study of the conditions involved and having made field inspection of the land, concluded that the proposed office building would be in line with the residential developwent for office buildings on the north side of McClauahan Street. The new zoning ordinance umw in preparation proposes office and institutional use, but excludes r~tial business for this specific location. Assuming that plans for the construction of an office building on the said lot will be adhered to, the Planning Comwission recommends to City Council that the above rezoning request be granted. Respectfully submitted, S/ Nerner W, Sensbach for Henry B. Boys*on Chairman# Mr. J. Thomas Engleby, III, Attorney, representin9 the petitioners, and Secretary-Director of The McClanahan Real Estate Corporation, appeared before Council and presented a communication, advising that The McClanahan Real Estate Corporation has now entered into an agreement to purchase this property for the construction of a delicatessen rather than an office building, Mr. Wngleby stating that the office building planned for this site Mill, in all probability, be moved to the adjacent lot designated as Lot 2, Block 41, Crystal Spring, and a request regarding the rezoning of this lot Mill be nad* in the future. Mr. Andrew J. Airheart, Jr., appeared before Council and presented a petition signed by 50 residents of the area, objecting to the rezoning if a delicatessen is to be erected on the site, Mr. nlrb*art pointing out ~hat the delicatessen Mould ben*ar the only entrance to South Rom ok* Park from that area and would create a traffic hazard for children going to and from the park, that a delicatessen Mould remain open later at night than offices in an office buildin9, and that a preliminary sketch of the gourmet shop shows a bar. Also speaking in opposition to the operation of a delicatessen on the site were Messrs. J. Granger Macfarlane, Jack B. Coulter, tandom G. Buchanan and J. Lewis Thurman. After a further discussion of the matter, the delegation of citizens indic lng they are no opposed to the erection Of an office building on the site, but are Opposed to a delicatessen** and it appearing that if Council rezones the property for business purposes any type of business, including a delicatessen, can be operated thereon, Hr. Wheeler moved that the request for rezoning be denied. The notion seconded by Mr. Jones and unanimously adopted. ZONING: Council having previously set a public hearing for 7:30 p.m., April 6, 1964, on the request Of Mr. Robert G. Tar,net, et ux., that property located on the south side of Orange Avenue, N.W** north Of Salem Turnpike, between Twentieth Street and Twenty-first Street, described as Lot 2 and Triangle, Block ;51 #elrose Land Company, Official Tax No. 2321902, be reached from General Residence District to Business District, the matter mas before the body. In this connection, the folloming communication from the City Planning Commission, recommending that the request be denied, mas before Council: "February 20. 1964 The Honorable Murray A. Stoller, Rayor and Members of City Council Roanoke, Virginia Gentlemen: The Planning Commission considered this rezoning request during its February 19. 1964 meeting. The representative of the peltloner Informed the Commission that he contemplates using his property for the erection of large outdoor advertising signs. A more intensive use, possibly for a gasoline service station, is planned for the future. In considerin9 this matter, and after having field inspected the property, the City Planning Commission found that all of the land north and mast of this property is solidly built up mith single family homos; thorofore, commorcial use for this proporty is considered detrimontai and not compatible with the general residential charnctor of this mrna. The City Planning Commission, thorofore, recommends to City ~ouncil to deny this rezoniog request. Respectfully submitted, S/ hafner K. Sensbach for Henry B. Boynton Chairman# Mr. Walter W. Wood, Attorney, representing the petitioners, appeared before Council in support of the request of his clients. After a discussion of the matter, Hr. Wheeler moved that Council concur in the request of the petitioners and that the following Ordinance be placed upon its first reading: (~15670) AN ORDINANCE to amend and reenact Title IV. Chapter 4, Section of The Code of the City of Roanoke. 1956, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the south side of Orange Avenuet N.W., north of Salem Turnpike, between Twentieth Street and Twenty-first Street, described as Lot 2 and Triangle, Block O2, Melrose Land Company, designated on Sheet 232 of the Zoning Map as Official Tax No. 2321902. reached from General Residence District to Business District; and MHEREAS, the City Planning Commission has recommended that the hereiflafte described land not 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 Citl 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 WHEREAS, the hearing as provided for in said notice mas held on the 6th day of April, 1964, at 7:30 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens uere given au opportunity to be heard both for and against the proposed rezoning; and ~HEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the follouing particular and no other, viz.: Property located on the south side of Orange Avenue, N. W.. north of Salem Turnpike. between Tuentieth Street and Twenty-first Street, described as Lot 2 and Triangle. Block fl2, Melrose Land Company, designated on Sheet 232 of the Zoning Rap as Official Tax No. 23219G2. be, and is hereby, changed from General Residence District to Dusiness District and the Zoning Map shall he changed in this respect. The motion was seconded by Mr. Jones and adopte~ by the following vote, Hayer Stellar voicing the opinion that Council should concur in the recommendation of the City Planning Commission: AYES: Messrs. Garland, Jones, Pollard, Mheeler and Young ..............5. NAYS: Mayor Stoller ...................................................1. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL-SCHOOLS: A delegation of patrons of the Tinker Parent-Teacher Association appeared before Council, with Mr. Leon O. Atkins acting as spokesman, and complained of odors, flies, rats and flying paper at the East Gate Landfill, Mr. Atkins also requesting that a stop sign be installed on Mason Mill Road. N.E., at the intersection of Craig Road and Overlook Road, that drainage conditions at this intersection be corrected, that Mason Mill Road be :widened, that pot holes in streets in the area be filled, that speeding in the area be controlled, that a sidewalk be constructed on Mason Mill Road for the protection of school children and that repairs be made to Tinker School. Among those speaking on the subject sere Mr. Samuel J. Lackey, Mrs. Samuel J. Lackey, Mr. Elbert R. Brown, Jr., Mrs. James O. Martin, Mrs. Lima M. Ferris. Mr. Rufus W. Brewer, Mrs. Elbert R. Brown, Sr., Mrs. Columbus B. Goad, Mrs. Eugene M. Pugh and Mr. Jesse W. Adams. Communications on the subject from Mrs. N. R. Hubbard, Secretary of the Tinker Parent-Teacher Association, Mary DaR Altizer. fourth grade student at Tinker School, Mrs. Marie Adams, Mrs. Samuel J. Lackley. Mrs. James O. Martin, Mrs. Rufus Brewer, Sr., Mr. Rufus W. Brewer. Sr.. Mrs. Thomas E. Durham, Sr., and Mr. and Mrs. Glenn H. Sounders aere also presented to Council. After a lengthy discussion of the matter. Mr. Wheeler moved that the complaints be referred to the City Manager for study and report to Council. The motion ~as seconded by Mr. Young. hr. Garland offered a substitute motion that Council meet with the City Manager and residents of the East Gate section on the site for the purpose of study- lng the complaints with a'view of having as many of the conditions complained of as is feasible remedied by the City Manager. The motion was seconded by Mr. Jenes and unanimously adopted. '53 PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr, M. Culdwell Butler, Attorney, represent- ag Mrs. Blanche L. Bowman, et al., requesting that property located om both sides of Round Bill Avenue, N.M., between Bowman Street and Spring Hollo~ Avenue, detcribed as Lots land 2. Block 1, Bowman Lq~n, Official Tax Nos. 2071701 and 21071?02, and Lots I-S, inclusive, Block 2, Bowman Lawn, Official Tax Nos. 2071601-2071605, inclusive, be resumed from General Residence District to Special Residence District, was before Council. On motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted, the request was referred to the City Planning Connission for study, report and recommendation to Council. POLICE DEPARTREhT: A commnnication from Mr. W. Prank Smyth, Jr., Director Dlvi$ ion of Corrections of the Department of Melfare and Institutions, transmitting report on an inspection of the police lockup by the Division on March 17, 1~64, was before Council. On motion Of Mr. Nheeler, seconded by Mr. Pollard and unanimously adopted, deferred until the next regular meeting, the City Clerho in the meantime, to furnish Council mith copies of the minutes pertaining to the question. The motion mas seconded by Mr. Pollard and unanimously adopted. BUDGET-LIBRARIES: The City Manager submitted a written report, recommend- ing that an nnexpended balance of $100.65 be tronsferred from Movie Projector to Dropository under Other Equipment - New, Section ~121, 'Libraries,' of the 1964 budget, to provide for the purchase of a Book Dvopoaitory for. the Roanoke Public Library at an estimated cost of $440.00 After a discussion of the matter, Bayor Stoller relinquished the Chair and moved that the following Ordinance be placed upon its first reading: (=15679) AN ORDINANCE to amend and reordaJn Section =121, "Libraries,# of the 1964 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section ~121. 'Libraries.' of the 1964 Appropriation Ordinance. be. and the same is hereby, amende~ and reordained to read as follows, in part: LIBRARIES ~121 Other Equipment-New (1) .......................... $ 1,201.65 (1) Dropository $ 430.65 Movie Projector 346.D$ The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Jones, Pollard, Stoller, Wheeler, Young and Vice Mayor Garland ............................... 6, NAYS: None .................O. TAXI CABS: The City Manager submitted a written report, transmitting a request of the B. p. W. Cab Company that its Certificate of Public Convenience and Necessity be transferred to B. P. W. Cab Company, Incorporated, and recommended that the request be granted. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first rea~ing: (~156B0) AN ORDINANCE approving the transfer of a certificate of public convenience and necessity from B. P. ~ W. Cab Company to B. P. W. Cab Company, Incorporated. WHEREAS, upon application therefor, the City Manager has reported in writing to the Council his investigation made pursuant to a request for transfer of the certificate of public convenience and necessity hereinafter mentioned and has ommended that the Council approve the transfer of said certificate as requested by the parties. THEREFORE, BE 11 ORDAINED by the Council of the City of Roanoke that said Council, upon consideration of the aforesaid report of the City Manager, doth hereby authorize and approve the transfer to D. P. W. Cab Company, Incorporated, of that certain certificate of public convenience and necessity heretofore authorized by Ordinance No. 15OB§ to be issued to B. P. ~ W. Cab Company for the operation of six taxicabs in the City. 56¸ The mot/oo mbs seconded by Mr. Pollard nod adopted by the following role: AYES: Messrs. Garland, Jones, Pollardo Mbeeler, Young and #ayor ;toiler ........ ~ ................ 6. NAYS: Nose .......... O. SIGNS: Council having referred a request of the Milliansoc Road Kluanis Club, Lions Club and Rotary Club that the civic clubs of the Mflliamsoo Road area be permitted to install a joint sign containing their club plaques and place and time of meetings in the 5200 block of Milliamson Road back to the City Manager to 'ascertain mhetker or not a compromise can be worked out, the City Manager subsitted a written report, advising that he has located a place slightly south of the locatiot requested by the civic clubs which he believes could be used for such a display if !Council sees fit to authorize the sign. Mr. Rheeler moved that Council concur in the request of the civic clubs 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. pARKS AND PLAYGROUNDS-GARDAGE REMOVAL: The City Manager submitted the following report with regard to the status of equipment in use at East Gate Landfill: "Roanoke, Virginia April 6, 1964 To thc City Council Roanoke, Virginia Gentlemen: / Department, be accepted, and having directed the City Manager to ascertain uhether or not the hem roller is needed Jn viem of the fact that the roller presently Jn use in the Street Repair Department has recently been repaired, the City Manager submitted a uritten report, expressing the belief that both of these pieces of equipment are needed to meet demands for street repairs. Mr. Garland moved that Council concur in the recommendation of the committee and offered the following Resolution accepting the proposal of Municipal Sales Company, Incorporated: (~1S681) A R£SOLUTION accepting the proposal of Municipal Sales Company, Inc., for supplying one neu portable roller; authorizing the Purchasing Agent to issue the requisite purchase order: and rejecting nil uther bids. (For full text of Resolution, see Resolution Book No. 2?.Page 91.) Mr. Garland moved the adoption of the Resolution. The motion mas see,nde by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Mheeler, Young and Mayor Stoller ............................... 6. NAYS: None .................O. Mr. Wheeler then offered the following emergency Ordinance transferring ~5,125 from Vehicular Equipment - Replacement to Vehicular Equipment - New under Section ~B2, "Street Repair," of the 1964 budget, to cover the purchase of the new portable roller: (#15682) AN ORDINANCE to amend and reordain Section =82, "Street Repair." of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 92.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the follouiflg vote: AYES: Messrs. Garland. Jones, Pollard, Wheeler. Young and Mayor Stoller--6'. NAYS: None ............................................................... POLICE DEPARTMENT-FIRE DEPARTMENT: The City Manager submitted a written report, advising that there were no personnel changes in the Police Department or Fire Department for the month of March, 1964. On motion of Mr. Wheeler, seconded by Ur. Young and unanimously adopted, the report was filed. ZONING: Council having referred to the City Planning Commission for stud} report and recommendation a request of Yorktown Limited Partnership that property located on the south side of Brandon Avenue. S.N., on both sides of Edgewood Street (extended). adjacent to the west corporate limits, being a portion of Official Tax No. 1620101. and shown as Parcels I and 3 on the plat of C, O. Malcolm ~ Son.-dated September 11, 1963, be res.ned from Special Residence District to Business District, the City Planning Commission submitted a written report,.advising that Yorktown Limited Partnership h~s withdrawn its request for Parcel I and recommending that the amended request covering Parcel 3 situated on the southeasterly side of Edgewood Street (extended) be granted. le this connection, #r. English Shomolter, Attorney. representing ¥orktom Limited Pavtoershlp, appeared before Council and preseoted a coemooicotioa confirm- lng the fact that the request to rezone Parcel I has been mithdrawn. Mr. #heeler mmred that a pabllc hearing on the amended request be held it 7:30 p.m., Ray 4, 1964. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Council having referred to the city Planning Commission for stu~ report and recommendation a request of Mr. Leonard M. Meaver, Sr.. et ux., that property located on the west side of Patrick Henry Avenue. N.E.. and the east side of Byrd Avenue, N. E.. south of Kanter Road, described as Lots 1-0, inclusive, and Lots 10-29. inclusive, Block O. Laurel Terrace, Official Tax Nos. 3120001-3120804. inclusive, and 3120009-3120014, inclusive, be resumed from General Residence Dlstri¢ to Light Industrial District, the City Planning Commission submitted a mritten report, recommending that the request be granted. Mr. Wheeler moved that a public bearing on the matter be held at 7:30 p.m;., May 4, 1964. The motion was seconded by Mr. Pollard and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Commission for study, report and recommendation a request of the Safety Motor Transit Company that an alley between Twelfth Street and Thirteenth Street, S. K., parallel to Campbell Avenue and Kirk Av~lue, he vacated, discontinued and closed for a distance of 61.74 feet west of Thirteenth Street on the north side and 64.01 feet on the south'side, the City Planning Commission submitted a written report, recommending that the entire alley be closed. Mr. Wheeler moved that a public hearing on the question of vacating, discontinuing and closing the entire alley be held at 7:30 p.m., May 4.. IR&4. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: SINKING FUND-PUBLIC DEPOSITORIES: The committee appointed to study public depositories submitted the following report, recommending that Chapter Title ¥, of The Code of the City of Roanoke, 1955, relating to the Sinking Fund, be repealed, and that Section 2, Chapter 3, Title V, of The Code of the City of Roanoke 1956, relating to Public Depositories, be amended to provide for an Investment Committee: "March 31, 1964 The Council of the City of Roanoke Roanoke, Virginia Gentlemen: In our study of the cJty*s bank depositories, we were advised that the Sinking Fund Commission no longer existed. Section 46 of the City Charter under which this commission was established provides tn part as follows: 'wherever the city shall not have outstanding any term bonds, then the sinking fund commission shall cease to function and all of the provisions of this sectioo shall be inoperative .... Under prorisions of Sec. I (a), (b), (c) & (d), Chapter 4, Title 5 of the City Code the commission hsd been authorized and directed to invest city funds in excess of immediate requirements in United States securities and city bonds. The Mayor, City Auditor. and City Treasurer were members of this commission. Ne wade a thorough study of this matter and recommend that the City Code be amended by repealing Chapter 4, Slnhiag Fund, and that Section 2, Chapter 3, Title S be amended to provide for aa investment committeecowposed of the Mayor, City Auditor, and City Treasurer mhich mill be empowered to invest temporarily idle funds of the city in United States Securities, City of Roanohe bonds or certificates of deposits in designated City of Roanoke depositories. The deposits to be secured under the cityes existing law. This action Mould legalize the present group handliflg investments of temporary funds and by providing for certificates in our depositories+ keep most of these funds in the local economy. We have had the City Attorney prepare an ordinance pro- viding for these changes and recommend its adoption. Respectfully submitted, S/ Vincent S. Wheeler Vincent S. Wheeler, Chairman S/ ROy R. Pollard. Roy R. Pollard S/ Walter L. Youn9 Walter L. young* Mr. Wheeler moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance repealing Chapter 4. Title V, of the City Code: (~156§3) AN ORDINANCE repealing all of the provisions of Chapter 4 of Title V of The Code of the City of Roanoke. lgSb. relatin9 to the City*s Sinking Ful and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 27, page 92.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adapted by the folloMing vote: AYES: Messrs. Garland, Jones. Pollard, Wheeler, Young and Mayor Stoller ........................ NAYS: None ..........O. Mr. Wheeler then offered the following emergency Ordinance amending Sectio 2, Chapter 3, Title V, of the City Code. (~15684) AN ORDINANCE amending Sec. 2 Of Chapter 3, Title V, of The Code Of the City of Roanoke, 1955, relating to Public Depositories and deposits of public funds therein providing for the investment of certain funds and cash resources of the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27. page 93.) Mr. Wheeler 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: None ................. O. SEWERS AND STORM DRAINS: Council having referred to a committee composed of Messrs. Walter L. Young, Chairman. Arthur S. Owens, Randolph G. Whittle and Roy L. Webber for study, report and recommendation a request of the Board of Supervisors of R,an,he County that the contract between the City of R,an,he and the County of Roanoke dated September 2B. 1954, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 3?-acre tract of land adjacent to Section 2. Jefferson Hills, and the Roanoke Technical Institute, in the vicinity of Dogwood Lane. the committee submitted a written report, advising that Resolution Ne. 14984, adopted on October 22, 1962, approved an area consisting of approximatel~ 1,300 acres located south of Route ~67, east of Route 720 and Route 687, north of Route 613 and ~est of Route 119, and that since the 3T-acre tract of land was included in this approval no further action is needed by the committee or Council. On motion of Mr. Young, seconded by RT. Wheeler and unanimously adopted, the report was filed. AUDITORIUM-COLISEUM: Council having requested the Auditorium-Coliseum Committee to meet with the Civic Center Citizens* Committee. representatives of the Roanoke Valley political subdivisions and other interested groups to consider the entire matter of a Civic Center. the committee submitted a written report, recommend ing that the city retain land Jn the Commonwealth Redevelopment Project area for the location of the proposed Civic Center. that a solicitation of area residents. commercial and industrial establishments be made to insure area-wide participation. and that Council confer with other valley governments to discuss the matter and if possible obtain their concurrence and/or recommendation. Mr. Garland m,red that Council concur in the recommendations of the com- mittee and that necessary action thereon be deferred pending the meeting mith represeutatives of the other valley governments. The motion was seconded by Mr. Young and unanimously adopted. UNFINISHED BUSINESS: TRAFFIC-STATE HIGHWAYS: Council having deferred ac*iow on a request of the Roanoke Junior Chamber of Commerce that a detailed professional study be made o! the feasibility of an alternate route for extending Interstate Spur 561 east of Mill Mountain as compared with the presently proposed route extending through the southwest area of the city until the present meeting, the matter ~as before the hod On motion of Mr. Jones, seconded by Mr. Garland and unanlmouslyadopted, the matter was again deferred until the regular meeting of Council on April 20. 196 CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: FIREARMS: Ordinance No. ISb77. amendin9 Chapter 4. Title XXIII. of the Code of the City of Roanoke. lg56, by adding thereto Section O (a) prohibiting minors from oarryieg BB gaas in public unless accoapanied by aa adult, having pre- vionsly been before Council rot tls first reading, read and laid over, was again before the body, Mr. Wheeler offering the folloulng for its second reading nad finnl adoption: (mlSG??) AN ORDINANCE to amend Chapter 4. *Offenses Against The Peace* of Title XXIII. *#isdemeanors and Offenses* of The Code of the City of Roanoke, ]9560 b? nddJag a new section to said chapter, said section being Sec. B (a). 'Mi.or~ carrying guns*. (For full text of Ordinance, see Ordinance Book No. 27, page 90.) Mr. Rheeler 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 Stoller ............................... 6. NAYS: None .................O. TRAFFIC: Council having directed the City Attorney to prepare the proper measure providing that Kirk Avenue. S. W., between Jefferson Street and First 5treat. be closed from O a.m. to S p.m., on Saturday, June 6. 1964, with an alternate idate of June 13. 1964. for the Sidewalk Arts Festival, he presented same: whereupon, Mr. Jones offered the following Resolution: (alS6BS) A RESOLtrflON authorizing the City Manager to cause a portion of Kirk Avenue. S. W.. to be closed to traffic on June 6, 1964, between the hours of B:O0 a.m. and 5:00 p.m., in order that the Roanoke Fine Arts Center may hold its annual outdoor Arts Festival; and directing the Department of Parks and Recreation to participate in the promotion and arrangements of the Festival. (For full text of Resolution, see Resolution Rook No. 27, page 94.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrso Gar]and, Jones, Pollard, Wheeler, Young and Mayor ~toller ............................... 6. NAYS: None .................O. BUDGET-PAy PLAN: Council having directed the City Attorney to prepare the proper measure providing that certain vacancies in various municipal departments be filled since they are of an emergency nature, he presented same; whereupon, Mr. Jones offered the following Resolution: {~ISGBG) A RESOLUTXON authorizing the City Manager to employ certain personnel. (For full text of Resolution. see Resolution Book No. 27, page 95.) Mr. Jones 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 Mayor Stoller ............................... 6. NAYS: None .................O. 61 DEPARTMENT OF PUBLIC NELFARE-SCHOOLS: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to raze the Gregory Avenue School building formerly occupied bT the Northeast Day Nursery. ,he presented same; whereupon. Mr. Garland offered the following emergency Ordinance: (#15687) AN ORDINANCE authorizing and directing the razing of the old Gregory Avenue School building located at 532 Gregory Avenue, N.E., In the CltT; and providing for an emergency, (For full text of Ordinance. see Ordinance Hook No. 27. page 95.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mheeler, Young and Mayor 5toller ................................ b. NAYS: None ................. SALE OF PROPERTY: Council having directed the City Attorney to prepare the proper measure providing for the sale of property located on the east side Of Fifteenth Street, S.W., north of Salem Avenue, described as Lot 1. Block 3, R. J. Wright Map, Official Tax No. 1211011. to Mr. D. L. Maid for the sum of $250, he presented same; whereupon, Mr. ~heeler moved that the following Ordinance be placed upon its first reading: (~1~6G3) AN ORDINANCE directin9 the sale of Lot 1. Block 3, R. J. Wright Map, to H. L. Maid for $250 net cash. MHEREAS. this Council*s Real Estate Committee has recommended, in writing, 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 Attorney be, and he is hereby, directed to prepare a deed of bargain and sale pursuant to which the city of Roanoke conveys, with special warranty of title, Lot Block 3, R. J. Wright Map, Official Tax No. 1211011, unto H. L. Maid in consideration of $250 net cash; and the Mayor and City Clerk are hereby authorized, respectively, lito execute and attest the aforesaid deed after the same shall hare been prepared and liapproved by the City Attorney and, upon the execution of such deed. the City Attorney l;is directed to deliver the same to N. L. Maid in exchange for $2S0 net cash. motion Mas seconded by Mr. Garland and adopted by the following vote: The it AYES: Messrs. Garland, Jones, Pollard, Wheeler. Young and Mayor il St oil .................................. G. NAYS: None .................O. MOTIONS AND MISCELLANEOUS BUSINESS: CITY AUDITOR-UITY EMPLOYEES: Mr. W. M. Mattox, a former employee of the Fire Department, appeared before Council, complaining that payroll deductions Mere started in the office of the City Auditor the first of the year for savings bonds for city employees, but that so far no one has received any of the bonds which means they will be losing interest on same. On motion of Mr, #heeler. seconded by Br. Jones and unanimously adopted, the matter was referred to the City Auditor for study and report to Council, STATE HXGHWAYS: Wv. Wheeler brought to the attention of Council the quos= tion of initiating a project beginning at the termination of the present project for improving Franklin Road. S. W.. north to the Pro.lin Road Bridge over Roanoke River, including modernization of the Franklin Road Underpass, Rt. Wheeler voicing the opinion that flrandon Avenue. S. W., should also be widened from Colonial Avenue to RcCianahan Street, but pointing out that this will have to he done uith city funds. After a discussion of the matter. Hr. Jones stating he ~ould vote to initiate the project, bat that he reserves the right to vote against it later, Mr. Iheeler offered the following Resolution: {Sl$BOg) A RESOLUTION directing the City Manager forthwith to request the Department of Highways of the Commonwealth of Virginia to promptly commence ~rogramming a project on Route 220 south, beginning at the northernmost termination Of Project No. 0220-12§-102, C-501, north to the Franklin Road Bridge over Roanoke River, including improvements. ~idenlng, right of way, construction cost and improve- ment and modernization of the existing railroad overhead bridge of the Norfolk and Western Railvay Company's tracks on a certain apportioned cost basis. (For full text of Resolution. see Resolution Book No. 27, page 96.) Mr. Mheeler moved the adoption of the Resolution. The motion sas seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................... 6. NAYS: None .................O. COUNCIL: Mayor Stoller pointed out that a vacancy exists on Council due the resignation of Mr. Benton O. Dillard whose term expires August 31, 1964, and called for nominations to fill the vacancy. Mr. Rheeler placed in nomination the name of Ralph £. Bowles. Mr. Garland moved that the nominations be closed. The motion was seconded by Mr. Jones and unanimously adopted. Mr. Ralph K. Bowles was elected a member of Council to fill the unexpired term of Mr. Benton O. Dillard. resigned, ending August 31. 1964, by the following vote: FOR MR. BOWLES: Ressrs. Garland. Jones. Pollard. Rheeler, Young and Mayor Stoller .................................. 6. On motion of Rt. Jones, seconded by Rt. Garland and unanimously adopted, the meeting was adjourned. ATYEST: City Clerk APPROVED COUNCIL, R£GULAR MEETING, 'Monday, April 13, 1964. Vhe Council of the City of Roan*he met In regular meeting In the Council Chamber in the Municipal Building* Ronday, April 13, 1964, ut 2 p,m., the regular meeting hour, with Hayor St*liar presiding. PRF. SENT: Councilmen Ralph g. Bowles, Robert A, Garland, James £0 Jones, Roy R, Pollard, St*liar ................................ 7. ABSENT: None ................O. OFFICERS PRESENT: Mr. Arthur $. Osens, 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 Kenneth B. Orr, Pastor, West End Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, M3rch 30, 1964, having been furnished each member of Council, on motion of Mr. $6,000 for the salary of a psychologist for the period of six months, $12,000 for the salaries of six teachers for four month5 at $500 per month per teacher, $2,000 for clerical assistance and supplies for six months and SgO0 for materials for ninety additional pupils, a total of $20,900, of which $1,920 for teachers* salaries period of After · discussion of the matter, Mr. Garland moved that the City Attorney be directed to prepare the proper measure approving the recommended program of the Roanoke City School Board for the mentally retarded pupils and appropriating necessary fundse The motion was seconded by Hr, Jones, Mr, Young offered a substitute motion that a committee composed o! Mayor Hurray A. Stoller, Chairman, Hiss Bernice F. Jones, Director of Public Melfare, Dr, Hilllam He Keeler, Commissioner of Health. Br. E, Ho Bushton, Superintendent of Schools, and Hr, B, E. Klemas be appointed ns a committee tn study the recom- mended program of the Roanoke City School Board for the mentally retarded pupils and to report back to Council with its recommendations at the regular meeting on April 27, 1964: also, that the employment of a psychologist be authorized. The motion mas seconded by Mr. ~heeler and adopted by the following vote: AYES: Hessrs, Bowles, Garland, Pollard, Wheeler, Young and Mayor Stoller .......................................... NAYS: Mr. Jones .......................1. Mr. Young then offered the following emergency Ordinance appropriating $6,000 for the salary of a psychologist for six months: (tIS690) AN ORDINANCE to anefld and reordain Section ~2000, 'Schools- Instruction,# of the 1964 Appropriation Ordinance, and providing for an emergency° (For full text of Ordinance, see Ordinance Book No. 27, page 99.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. HEALTH DEPARYMENT: Mrs, W, Conrad Stone. President of the Roanoke Council for Retarded Children. appeared before Council and requested that adequate space and staff be provided for the Consultation and Evaluation Clinic for Retarded Children at the Health Center, Mrs, Stone pointing out that at the present time the clinic occupies a part of one room at the Health Center and that there should be a Social Marker, but this position has not been filled for about eight months apparently due to the low salary offered. In reply to n question of Council, the City Manager verbally reported that additional space at the Health Center could be made available by moving the Alcoholic Rehabilitation Division of the Health Department of the 5tale of Virginia or the Department of City Planning out of the Health Center, remodeling the old Terry Building in Elmwood Park for use by these agencies or renting space for such purpose. It being brought oat that a committee studying the question of more space for municipal offices will probably submit its report in the near future, and Dr. Roger C. Grady**former Acting Commissioner of Health. advising that a study of upgrading positions in the Health Department is being made by the new Commissioner '66 of Health in a Health Survey, Mr. Pollard moved that action on the question of adequate space bedeferred until the regular meeting of Council on April 2?, 1964, and that action on the question of increasing the salary or the Social Norker be deferred, pending receipt of a report on the Health Survey, The motion mas seconded by Mr, Young and unanimously adopted, HOUSING-SLUM CLEARANCE: Mr, Nilliam S, Hubard, Chairman of the City Of Roanoke Redevelopment and Housing Authority. appeared before Council and requested that the body adopt a Resolution approving filing a survey and planning application by the Redevelopment and Housing Authority mlth the Federal Gorernment to defray costs of surreys and planning for a Redevelopment Project In an area lying east of the present Commonwealth Project. designated as the Kimball Project, and a Resolution approving a request for planning funds from the Federal Government by the Redevelopment and Housing Authority to. defray costs of preliminary planning on 300 units of low-rent public housing. Mr. Hubard pointing out that the survey and plannin9 funds for the proposed Redevelopment Project would be available to the Authority. if approved by Council, to make un extensive survey and plan for this area which is estimated to take eighteen months, that following completion of the survey and planning the results would be presented to Council for approval and public hearings would be held before the project could proceed into execution of the plan, that the cost of survey and planning which is estimated at $71,820 would become u part of the overall project if the resulting project is approved, and. if not approved, there would be no cost to the city, that it will take an estimated two years for completion of 300 dwelling units and no cost of planning for public housing would be paid by the city in any event. Mr. Wheeler pointed out that Council has already approved a feasibility survey to determine if an urban renewal project would be feasible in the downtown central business district area and stated that he is in favor, of reaching a final decision on this project rather than having two projects ~oin9 at the same time, Mx. A, Byron Smith explained that approximately 42 per cent of the occupants in the proposed Kimball Project are property owners and have taken good care of their property, but a large percentage of the rental properties surrounding them have not been taken care of, and expressed the hope that the property owners will receive adequate remuneration for their homes if they are forced to move, Dr. Roger C, Grady, former Acting Commissioner of Health. explained that it was difficult to enforce the provisions of the Housing and Hygiene Ordinance in such an area as this and voiced the opinion that a Redevelopment Project would be the answer, ar. Warner K. Sensbach, Director of City Planning, pointed out that a study of the area showed the highest indices of blight, that the residents of the area will eventually be cut off from the facilities they should have by virtue of the Interstate Spur 581 and development of the Commonwealth Project, and that he is of the opinion it is imperative a redesign Of the area be undertaken to promote light industrial uses, transportation uses, etc. s Hr. James W, Milner owner of property in the area, stated that the Interstate Spur 501 is going to harm his property and he feels the area is one that should he studied. Hr, John C. Perrott, representing the Roanoke Gas Company, owner of property in the area, called attention to the lack of playground facilities for the scores of children in the area and voiced the opinion that the proposal to make this study is very sound. Among the homeowners opposing the proposed Wimball Project were MFS, Hazel Y. Carey, Mrs, Lucye L. Younger, representing her mother, Hrs. Lucy B. Cordon, Hro Robert B, Scales, Rrm. Wllliau C, Jordan, R~. Nathaniel L. Barksdale, Hr, Charles E, Spragins, whose wife owns rental property in the area, and Mr. Grant Wilson. Mr. John W, Boswell, Real Estate Agent. stated he does not feel Council should act on the matter until it has been referred to the City Plannin9 Commission for study, report and recommendation, a public hearing has been held and the matter referred to the people in an advisory referendum. Hr, Robert H. Wagner spoke in opposition to the proposed project, voicing the opinion that it is socialistic. Mr. J, E. Fogle also spoke in opposition to the proposed project and predicted that the citl would lose money on it. The matter having been discussed at length, Rro Pollard moved that the request of the City of Roanoke Redevelopment and Housin9 Authority be taken udder advisement, pending an on-the-site study of the proposed Redevelopment Project by the members of Council acting as a committee of the whole. Yhe motion was seconded by RF, Yoong, Hr. Garland offered a substitute motion that Council adopt a Resolution approving the filing of a survey and planning application by the City of Roanoke Redevelopment and Housing Authority with the Federal Coy.ram. at to defray costs of surveys and planning of a Redevelopment Project. Yhe motion was seconded by Hayor Stoller and lost by the following vote: AYES: Mr. Garland and Hayor Stoller .................................... NAYS: Ressrs. Bowies, Jones, Pollard, Wheeler and Young ................5. Yhe original motion was then unanimously adopted. PETITIONS AND CORISUNICATIONS: STREETS AND ALLEYS: A petition of Mr. R. T. Edwards, Attorney, repre- senting Rro Fred P. Najjum, et al., requesting that an alley lying between Blocks 5 and 6 and Block 17, according to the Rap of Park Land and Improvement Company, extending from the westerly boundary line of the right of wal of the Norfolk and ·estern Railway Company in an easterly direction, recently vacated, discontinued and closed to a point 65 feet west of the westerly line o£ Third Street, S. be vacated, discontinued and closed to a point 50 feet west of the westerly line of Third Street, S. E., was before Counoll. Mr, ~onng explained thai the fiorfoi~ and Meateru Bailwa~ C0upaa; ia not u party to the petition nad offered the following Resolution providing for the appointment of viemers: (u15691) A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, ns viewers in connection mltb the petition of Armour and Company, Fred P, and J, R. NoJJum to permanently vacate, discontinue and close that portion of an alley lying between Rlocks 5 and 6 and Block 17, according to the Mop of Park Land and Improvement Company, extending from a point 65 feet west of the westerly line of Third Street, S, E,, to n point 50 feet west of'tho westerly line of Third Street, S. E,, and bain9 15 feet in length and 15 feet in midth, (For full text of Resolution, see Resolution Book No,.2?, page Mr, Young moved the adoption of the Resolution. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs, Bowles, Garland, Jones. Pollard, ~heeler, YouR2 and Mayor Stoller ................................. NAYS: None ................. O, the petition was referred to the City Planning Commission for study, report and recommendation to Council, STREETS AND ALLEYS: A petition of Hr. G. Marshall Mundy, Attorney, repre-! seating Blue Ridge Transfer Company, Incorporated, requesting that Indiana Avenue, N. £., between Ilollins Road and the tracks of the Norfolk and ~estern Railway Company; Eighth Street, N. E., between Indiana Avenue and Mohawk Avenue; and on alley running east and west between Rollins Woad and the tracks of the Norfolk and discontinued and closed, was before Council. Mr. Young explaining that the Norfolk and Western Railway Company is not p~rty to this petition, Mr. Pollard offered the following Resolution providing for (#156~2) A RESOLUTION providin9 for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Rlne Ridge Transfer Company, Incorporated, to permanently vacate, discontinue, and close those certain unopened, paper streets and alley hereinafter described, (For full text of Resolution, see Resolution Book NO. 27, page Mtn Pollard moved the adoption of the Resolution, The motion was seconded by Mr. Jones and adopted by the following vote: Msyor Stol/er .......................... 7, NAYS: None ................... O. -Off motion of Mr. Jones, seconded by Mr. Garland and unanimously adopted, the request was referred to the City Planning Commission for study, report and ZONING: Communications from Hr. Ben Re Richardson, Attorney, representin W. B. R. end Sons, Incorporated, and Hr. Jo Themes Engleby, II10 Attorney° representing Mr. Re Co Bell, et al** requesting that their respective properties located on the north side of RcClannbnn Street, S. ~** betmeen Rosalind Avenne end Carolina Avenue. described as Lots 1, 2 and 3, Block 41, Crystal Spring, Official Tam Nos. 10400010 1040802 and 1040803, he rezoned from Special Residence District to Business District, were before ConncJl. On motion of Hr. Jones, seconded by Hr. Garland and unanimously adopted, the requests mere referred to the City Planning Commission for study, report and recommendation to Council. SALE OF PRO?~RTY-BRIDGE$: Council, by Ordinance No. 15056, adopted on Aprtl IS, lqS?, hating authorized the purchase of 4,204 square feet of property designated as Official Tax Nc. 3131101 from J. M. and Nettle Lee for the sum of $1,000 in connection with the construction of an underpass and approaches to connect #undy Road and Whit.side Street, N. £** n communication from James M. Lee and Agnes P. Lee, advising that a portion of the strip of land was not needed and is of no further use to the city and off. Fin9 to purchase this unused portion Of land back from the tit7 of Roan*he for the sum of $50. was before the body. On motion of Mr. Jones, seconded by Rr. Pollard and unanimously adopted, the offer mas referred to a committee composed of lessrs. Arthur Se Owens, Chairman, Randolph G. Rhittle, J. Robert Thomas and Roy R. Pollard, Sr., for study, report and recommendation to Council. REFUNDS AND REBATES-LICENSES: A communication from Mr. Thomas W. Jamison,i requesting that he be refunded $10 paid for a 1964 city automobile license tag inasmuch as he has sold the vehicle and the tag has never been used, was before Council. Rro Jones 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 mas seconded bi Mr. Pollard and unanimously adopted. FIRE DEPARTMENT: A Resolution of the Richmond Fire Fighters. Association, expressing the opinion that Rte Wallace R. Rattox should be reinstated to his position in the Fire Department in that he was exercising his Constitutional rights granted under the First Amendment of the United States Constitution and the Twelfth Amendment of the Constitution of the State of Virginia in speaking his own con- victions, was before Council. On motion of Mr. Pollard, seconded by Rte Jones and unanimously adopted. the Resolution was filed. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending that a street light be installed at the northwest corner of Sixth Street and Church Avenue Exteu~on, S. W. Mr. ~beeler,moved that Council concur In the recommendation of the City Manager and offered the,follouing iesGlutlon: (s15693} A RESOLOTION authorizing the installation of one 2500 lumen orerhead incandescent street light on the northmest corner of Sixth Street nad Church Avenue Extension, S. R. (AP Pole No. (Par full text cf Resolution, see Resolution Rook No. 27, page 102.) Hr. Wheeler moved the adoption of the Resolution. The motion mas seconded by Mr. Garland and adopted by the following rote:- AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Way. Stellar ............................ 7. NAYS: None ................... O, BUDGET-GRADE CROSSINGS: The City Banager submitted a ~rltten report, advising that the Norfolk and Western Bailmay Company has condemned the city unloadin9 trestle on 3 1/2 Street, S. E., north of Albemarle Avenue, and recommendedll that $3,700 be appropriated to cover the cost of repairing the trestle. Mr. Garland moved that Council cancer in the recommendation of the City Manager and offered the following emergency Ordinance: (n15694) AN ORDINANCE to amend and reordain Section u86, 'Maintenance of City Property," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 102.) Mr. Garland moved the adoption Of the Ordinance. The motion was seconded b~ Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Youn9 and Mayor Stellar ........................... 7. ~YS: None ................... BUDGET-AIRPORT: The City Manager submitted a written report, recommending[ that $300 be transferred from Housekeeping Supplies to Maintenance of Machinery and Equipment under Section ;89, "Airport." of the 1964 budget, in order to take care of essential repairs to airport equipment. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=1S695) AN ORDINANCE to amend and reordain Section n89, 'Airport," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 102.) Mr. Garland moved the adoption of the Ordinance. The motion was'seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Rowles. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. BUDGET-PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted a written report, recommending that $675 be appropriated for the erection of a lO-foot high chain-link fence around an equipment storage lot at the East Gate Landfill. Mr. Garland moved that Council concur in the recommendation ~r the City Manager and offered the following emergency Ordinance: (z15696) AN ORDINANCE to amend and reordnin Section ~97, *Refuse Collection and Disposal." of the 1964 Appropriation Ordinance, and providing fOr on emergency, (For full text of Ordinance, see Ordinance Book No. 27, page. 103,) Mr, Garland moved the adoption of the Ordinance, The motion was seconded by Mr. Jones and adopted by the fol.loming ~vote: AYES: Messrs. Boules, Garland, Jones. Pollard. hheeler. Young and Mayor St,lieF ........................... ?. NAYS: None ...................O, BUDGET-REFUh~S AND REBATES: The City Manager submitted a written report. recommendin9 that $500 be appropriated for refunding fines, etc. Mr. ~heeler moved that Council concur in the recommendation of the City Nanager and offered the foil.win9 emergency Ordinance. (u~5697) AN ORDINANCE to amend and reordain Section =150, "Non- Departmental,# of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 103o) Mr. ~heeler moved the adoption of the Ordinance. The motion was seconded by Nr. Jones and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, ~heeler, Youn9 and Mayor St,liar NAYS: None ...................OD BUDGET-PARKS AND PLAYGROUNDS-GARBAGE B~MOYAL: The City Manager submitted a written report, advisin9 that since the, ash hoppers at the City Incinerator have been lowered about two and a half feet it is impossible to load directly into the trucks and the only logical answer seems to be to loner the floor below the hoppers so that trucks can be used, the City Manager recommending that the contract of S. Lewis Lionberger Company, General Contractor on the Incinerator, be amended to cover the lowering of the floor at an e~timated cost of $6,295 and that this amount be appropriated for the work. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution authorizing an addendum to the contract of So Lewis Lionberger Company: (~15698) A RESOLUTION au~horizin9 an addendum to the contract of July 24, 1963, between S. Lewis Lionberger Company and the City for making alterations and repairs to the City's Incinerator. (For full text of Resolution, see Resolution Book No. 27~ page 104.) Mr. ~heeler moved the adop}ton of the Ordinance. The motion was seconded by Mr. Jones a~d a~op~ed bI the following vote: AYES: Messrs. Bow~es, Garland, Jones, Pollard, ~heeler, Young and M~yor,Stoller ........................... 7o NAYS: None ...................O. Mr. Mheeler then offered the following emergency Ordinance appropriating $6,295: (~15699) AN ORDINANCE tO amend and reordaln Section mlTO, "Capital," of the 1964 Appropriation Ordinance, and providing for emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 105.) Mr. Wheeler moved the adoption of the Ordinance. The motion mas seconded by Hr. Pollard and adopted by the f.Il*oleg vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Nh*el*r, Young and - Mayor St*lief ..........................7. NAYS: None ...................O. AIRPORT: The Clty Manager submitted a written report, advising that it mill be necessary to relocate power and telephone lines along Hershberger Road and Route 117 in connection uith the extension of Runuay 15-33 at Roanoke Municipal * of a lO-foot strip of land from the of Mr. and Mrs. Mo S. property Austin, designated aa Official Yax No. 3121905, for the sum of $500, in connection with the and improvement of Mason Rill Road, No Eo, in the vicinity of the East Gate Landfill chester Court, Official Yax Nos. 2270703 and 22?0704, for the total sum of $1,500, Ou motion of Mr, Pollard, seconded by Mr, Jones end unanimously adopted, the offer was referred to · committee composed of Messrs, Arthur S, Omens, Chairman. Randolph Ge RhJttle, J, Robert Thomas and Roy R, Pollard, Sr** for study, report and recommendation to Council, DUDGET-PAY PLAN: The City #anageF submitted the following report, recommending that certain vacancies In various municipal departments be filled since they are of an emergency nature: mRoanoke, Virginia April 13, 1964 To the City Council Roanoke, Virginia Gentlemen: In order that the several departments of the city may function with reasonable efficiency, I make the folloning requests for employees to be employed, which were included in the budget but need your authority before replacements can be secured: DEPARTHENT OF PARKS AND RECREATION AIRPORT RELFARE Two Tree Climbers - Group 6 I Janitor. Grade 10 I Maid, Grade 21 MATER DEPARTMENT I Jr. Meter Reader, Grade 15 1 Mater Department Crewman II, Group 8 Delinquent Account Clerk, Grade 17 DEPARTMENT OF PUBLIC MORKS Janitor, Municipal Building. Account 86 Respectfully submitted, S/ Arthur 5. Owens 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 STATE HIGHNAY5: The City Manager submitted the following report with reference to confirming the actions of the Mayor and of the City Clerk, respectively ia executing a deed pursuant to which the City Of Roanoke conveyed eight parcels of land to the Commonwealth Of Virginia with general warranty Of title for use as right of way for Interstate Spur 581: "Roanoke, Virginia April 13, 1964 TO The City Council Roanoke, Virginia Gentlemen: On February 4, 1963, you adopted Ordinance No. 15106 which authorized and directed the Mayor and the City Clerk, for and on behalf of the City,-to execute a deed, after its approval by the City Attorney, conveying several small tracts of real estate described ia ihe ordinance to Iha 5tole for use an right of way for Interstate Spur $81. SoMe of the porcels were to be conveyed with special warranty and some with general warramty of title, In ncc6rdan~e with the requirements of the Commonwealth, the deed conveying oil of the real est*re described in the aforesaid ordinance, as approved by the City Attorney and as executed and attested, respectively, by the Mayor and the City Clerk, conveyed all of the small parcels of real estate with general warranty of title, The Camm*ow*alta requests that the actions of the #nyor and City Clerk In conveying all of such real estate with covenants of general warranty of title be ratified amd approred by you. The City Attorney and I both recommend that this be done and ! hare bad o resolution approving such actions prepared. Respectfully submitted, S/ Arthur S, Owens City Manager' Mr. Rheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (miST00) A RESOLUTION confirming the actions of the Mayor and of the City Clerk, respectively, in executing a deed dated September 23, 1963. pursuant to which the City of Roanoke conveyed certain real estate to the Commonwealth Of ¥1rglnia with general warranty of title. (For full text of Resolution, see Resolution Hook No. 27, page Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ..................... ~ ..... NAYS: None .................. COMPLAINTS: The City Manager submitted the following report in connection with complaints against the Star City Auditorium: "Roanoke, ¥irginia April 13, 1964 To the City Council Roanoke. Virginia Gentlemen: At OUr meeting Of Mondayt March 30. i~64, you referred to me a letter from several residents in the vicinity of the Star City Auditorium, in which they request the following: 1. Install a light at the exit Of the building. 2. Clean the sidewalk in front of the building after dances. Terminate dances held on Saturday night at midnight~ Our police department has made a check on the lights and we find they are adequate both within and outside of the building. Major Webb has advised the owner of the property that the sidewalk must be cleaned in accordance with the existing city ordinance. There is no existing city ordinance that requires the termination of dances on Saturday night at midnight. Respectfully submitted, S/ Arthur S. Omens City Homager" On motion of Mr, Wheeler, seconded by #r, Pollard and unenlaously adopted, the report mas flied, LIBRARIES: The Roanoke Public Library Board submitted its annual report for 1963, On motion of Mr. Rheeler, seconded by Mro Pollard and unanimously odopted~ the report uss filed, REPORTS OF CORMITTEE$: AUDITS-$CROOLS: The Audit Committee composed of Messrs. Roy R. Pollard, Sr,, Chairman, Benton O, Dillard and Murray A. Stellar submitted a written report, transmitting u report of the City Auditor on an audit of the Roanoke City School Board Adult Sewin9 Class for the period from July I. 1962. through December 31. 1963. On motion of Hr. Pollard, seconded by Mr, Rheeler and unanimously adopted the report was filed. PARRS AND PLAYGROUNDS: The committee appointed to study the request of the Roanoke Transportation Museum Committee that the city purchas~ a rubber tire amusement train submitted the following report: 'Roanoke, Virginia April 13, 1964 To the City Council Roanoke. Virginia Gentlemen; At your meeting of Monday, March 2, 1964, you referred to the beln~ committee a request from the Roanoke Transportation Committee that the Council of the City of Roanoke consider appropriating $fl,O00 for a rubber-tire amusement train, which mould be owned by the City and operated by the Department of Parks and Recreation in the Transportation Museum area. The committee has studied this carefully and feels that it is an excellent amusement device for children, as well as an asset to the park and museum. The Chairman of the Roanoke Transportation Museum Committee met with the Council Committee on Friday, April 3, and offered an alternate that if the Council would appropriate $5900 for the purchase of the necessary rubber-tire train that the Roanoke Transportation Committee would raise sufficient funds to place a fence along the River and prepare the necessary road for the operation of the train. This is estimated to cost approximately $3600. Five of tho slx committee members were present and they recommend unanimously that the City Council appropriate the sum of $5900 for the purchase Of the train and accept the kind offer of the Transportation Museum Committee to provide the necessary facilities (fence and road) for the train to operate upon. Respectfully submitted, S/ Benton O. Dillard Benton O. Dillard, Chairman S/ Malter L. Young Nalter L. Young S/ Murray A. Stoller Murray Au St*lief S/ James E. Jones James E. Jones S/ Arthur S. Owens S/ Rex T. Mitchell, Jr. Rex T, Mitchell, Jr," Mr. Follerd moved that Council concur In the recommendations of the committee end offered the following emergency Ordinance appropriating $5.900: (~ISTOI) AN OROINANCE to emend and reordain Section #170. ~Cnpitel.# of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 106.) Mr. Pollard moved the adoption of the Ordinance. The motion mas seconded by MF. Young and adopted by the following vote: AYES: Messrs. O,wirier anti,nd. Jones. Pollard. Nb,clef. Young and Mayor Stoller ........................... 7. NAYS: None ................... O. OARBAG£ R£MOYAL: The committee appointed to study bids received on five truck cabs and chassis completely equipped with refuse bodies submitted the f,Il,win9 report: "April 9, 1964 TO The City Council Roanoke. Virginia Gentlemen: Attached is a tabulation of bids for five truck chassis complete with rear.end loading type refuse bodies, which bids were opened and read before CStI Council on Monday, April 6. 1964. As can be seen from the tabulation, the low bid, meeting the specifications, sas submitted by Smith-Moore Body Company, Inc. on the International Cab and Chassis, equipped with a Bell Mark II Refuse Body in the amount of $41.405.00. It is recommendedthat the contract for this equipment be awarded to Smith-Moore Body Company, Inc. in this amount. $$5,000 was provided in the 1964 Budget for this equipment. Respectfully submitted, $/ Walter L, Young Melter L. Y,un9 Chairmen S/ Arthur S~ Owens Arthur $, Owens City Manager S/ H, Cletus Bt,vies H. Cletes Broyles Director of Public Rorks $/ Bt R, Thompson Beef,rd B. Thompson Purcbasing Agent" Mr. Young moved that Council concur in the recommendation of the committee and offered the following Resolution: (~15702) A RESOLUTION accepting the proposal of Smith-Moore Body Company, Inc,, for supplying five ,truck chassis complete with rear end loading type refuse bodies; authorizing the Purchasing Agent to issuo the requisite purchase order; and rejecting all other bids. (For full text of Resolution. see Resolution Book No. 27, page 106,) Mr, Young moved the adoption of the Resolution, The motion sas seconded by Mr. 6arland and adopted by the following vote: AYES: Me$$rso Bowles, Garland, Jones. Pollard. Wheeler, Young and Mayor 5toller ........................... ?, NAYS: None ................... O. GARBAGE REMOVAL: The committee appointed to study bids received on one refuse body submitted the following report: 'April 9, 1964 ?o The City Council Boanoke. Virginia Gentlemen: Attached is a tabulation of bids for one rear end loading ripe refuse body, which bids mere opened and read before City Council at its meeting on Monday, April 6, 1964. As can be seen from the tabulations, the lam bid was submitted by Smith-Moore Body Company, lace in the amount of $3,910.00. This refuse body is to replace the one that mas totally damaged in the accident that Occurred near the East Gate Landfill about three weeks ago. It IS recommended that the contract for this refuse body be awarded to Smith-Moore Body Company, Inc. in this amount. Sufficient funds are available in the 1964 Budget to cover this item; however, since this item mas not specifically authorized, Council approval will be required. Respectfully submitted, S/ Walter Lt Younq Walter L. Young Chairman S/ Arthur St Owens Arthur S. Owens City Manager S/ H, Cletus Broyles B. Cletus Broyles Director of Public ~orks S/ Bt B, Thompson Bueford B. Thompson Purchasing Agent" Mr. Young moved that Council concur in the recommendation of the committee and offered the following Resolution: (#15703) A RESOLUTION accepting the proposal of Smith-Moore Body Company. Inc., for supplying one rear end loading type refuse body; authorizing the Pur- chasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 27, page 107.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones. Pollard, Wheeler, Young and Mayor Stoller .......................... NAYS: None ...................O. PUBLIC DEPOSITORIES: The committee appointed to study an amendment to Section 1, Chapter 3, Title V, of The Code Of the City of Roanoke, 1956, relating to Public Depositories, submitted the following report: "March 31, 1964 The Council of the City of Roanoke Roanoke, Virginia Gentlemen: Pursuant to your directive of November 18, 1963, that our report of October 24, recommending certain changes in the City Code denlln9 uith depositories for city public funds, we have re-studied this matter and after careful consideration bare revised the formula for allocation of the oity*s deposits among the depositories, uhfch mould he all of the fire banks in the City, In oar former reports ue recommended that the ratio of deposits of city funds among the depositories be based upon the bank stock paid by the various institutions to the city, We hare mom revised the formula and established ratios based upon.the hank stock taxes paid by the various institutions and upon the number of employees of the local banks which we believe to he fair and equitable, We have had an ordinance prepared by the City Attorney which mill, if adopted, carry We recommend adoption of the ordinance. Respectfully submitted, S/ Yfncent $. Wheeler S/ Roy R, Pollard, St, Roy B, PolLard $/ Walter L, Young the Bank of Virginia, appeared before Council and advised that the proposed change is equally as objectionable to the Bank of Virginia as the existing Ordinance and Ordinance NO. 15461 which has never been passed on its second reading, Hr, Dodson protesting that the principle involved is wrong, undemocratic and unfair and pointin! out that no other catI in the State of Virginia has such a law, it being his opinion the deposits should be made according to securitl and service available at each The matter having been discussed at length, Mayor Stoller moved that the proposed Ordinance be amended to add the following sentence: *This section shall adopted. Mr. Wheeler then moved that the following Ordinance be placed upon its first reading: (~15704) AN ORDINANCE amending and reordaining Sec. 1. 'Designation* of Chapter 3. *Public Depositories* of Title V. 'Finance' of The Code of the City of Roanoke, 1956. BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1. 'Designation' of Chapter 3, *Public Depositories* of Title V. *Finance* of The Code of the City of Roanoke, 1956, be, and said section is hereby, amended and reordained Sec, 1. Desiqnation. The following named banks are hereby designated as depositories for all public moneys of the city, which may be subject to current mithdrawal on check, and all such reven~es of the city shall be currently deposited in the depositories hereinafter designated at the rate of per cent shown opposite the banks indicated, to the total of all current checking funds so deposited: First National Exchange Hank · of Virginia .................. 40~ to 60~ Colonial-American National Bank of'Roanoke .... ; - - -' .... ; - - - ; - 20~ to 30~ Mountain Trust Bank ............... 10~ to Hank of Virginia ................ 4~ to Security National Hank of Roanoke ........ 2~ to or as closely approximate thereto as may be practical. The above-named banks are hereby also designated as depositories for any part of or all city funds. This section shall not apply to time deposits. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Boules, Jones, Pollard, Mheeler, Young and Mayor St*lief ............................... NAYS: Mr. Garland ..........1. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15678, Fez*ming property located on the south side of Orange Avenue. N. M., north of Salem Turnpike, between T~entieth Street and Twenty-first Street, described as Lot 2 and Triangle, Block 82, Melrose Land Company! Official Tax No. 2321902, from General Residence District to Business District. havin9 previously been belgie Council for its first reading, read and laid over. was again before the body, Mr. Wheeler offering the following for its second readlngl and final adoption: (n15678) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 27, page Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler and Young ....... NAYS: Mayor St*lief ....................................................1. BUDGET-LIBRARIES: Ordlnaice No.'15679. transferring $100.65 from Movie Projector to Or*posit*fy under Other Equipment - New, Section ~lRl, "Libraries," of the 1964 budget, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Nh*clef advised Council that he has discussed the matter with the Director of the Roanoke Public Library who has indicated he is no longer interested in purchasing the Dr*posit*fy at a cost of approximately $440 and offered the following Ordinance for its second reading: (#15679) AN ORDINANCE to amend and reordain Section ~121, "Libraries,* of the 1964 Appropriation Ordinance. (For full text of Ordinance, see Council Minutes of April 6, 1964.) Mr. Nheeler moved the adoption of the ~rdinance. The motion was seconded by Mr. Young and lost by the following voti: 79 AYES; None ...................O. NAYS: Hessrs. Boules, Garland, Jones, Pollard, Ibeeler, Young and Mayor Stoller ......................... 7. TAXICABS: Ordinance No. 15680, approving the transfer Of a certificate o~ public convenience and necessity from Bo P. & M. Cab Company to B, P. Bo Cub Company, Incorporated, 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: (n15680) AN ORDINANCE approving the transfer of a certificate of public convenience and necessity from B. P. ~ Wa Cab Company to B. P. Mo Cab Company, Incorporated. (For full text of Ordinanoe, see Ordinance Book No. Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Bro Pollard and adopted by the following vote: AYES: Ressrs. Bowles, Garland, Jones, Pollard, Mheeler, Young and Malor Stoller ........................... NAYS: None ...................Oo SALE OF PROPERTY: Ordinance No. 15688, providing for the sale of propertl located on the east side of Fifteenth Street, S. M., north of Salem Avenue, described as Lot 1, Block 3, R. J. Nright Map, Official Tax No. 1211011, to Br. H. L. Maid for the sum of $250 net cash, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Pollard offertn9 the following for its second reading and final adoption: (~15688) AN ORDINANCE directing the sale of Lot !, Block 3, R. J. Mright Map, to H. L. Maid for $250 net casbo (For full text of Ordinance. see Ordinance Book No. 2?, page 98.) Br. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Mhecler and adopted by the following vote: AYES: Messrs. Bowies, Garland, Jones, Pollard. Wheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. REFUNDS AND REBATES-LICENSES: Council having directed the City Attorney to prepare the proper measure refunding $9.00 to Mr. Arthur L. Bush for a 1964 city truck license tag, he presented same; whereupon, Mr. Jones offered the following Resolution: (~15705) A RESOLUTION directing a refund of the sun of $9.00 heretofore paid by Arthur L. Bash to the City for a 1964 truck license tag. (For full text of Resolution, see Resolution Book No. 27~ page 107.) Mr+ Jones moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: Mayor Stoller ......................... NAYS: 'None ................... O. SIGNS: Council having directed the City Attorney to prepare, the proper measure authorizing certain Nilliamson Road civic clubs to erect and maintain a sign on the mest side of Wllliamson Road, No W., between Hawthorne Road and Hildebrand Avenue, he presented sane; mhereupon, Mr. Young offered the following Resolution: (alS?OG) A RESOLUTION authorizing certain Nllliamson Road civic clubs to erect and maintain a sign on the west side of #Illiamson Road, betueen Hawthorne Road and Hildebrand Avenue. (For full text of Resolution, see Resolution Book No, 27, page 108,) Mr, Youn9 moyed the adoption of the Resolution. The motion mas seconded by Mr. Garland and adopted by the following vote: AyEs: Messr$o Bowles, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. MOTION5 AND MISCELLANEOUS BUSINEsS: PARKS AND PLAYGROUNDS-GARBAGE REMOVAL-SCHOOLS: Council having met with the City Manager and residents of the East Cate section at the East Gate Landfill for the purpose of studying complaints of the citizens with a view of having as many of the conditions complained of as is feasible remedied by the City Manager, Mr. Pollard expressed the opinion that the playground at Tinker School should he pawd and that additional cupboard space should be furnished in the school, Mr. Pollard also expressing the opinion that the playground at the Crystal Spring School shoald be paved. Mr. Milldam T. Watkins, member of the Roanoke City School Board, advised Council that $3,145 is included in the 1964 budget for improvements to Tinker School and stated he is confident there will be sufficient funds to make the i~provements suggested. CITY GOVERNMENT-CLERK OF THE COURTS-CITY AUDITOR: Mayor Stoller advised Council that Mr. Walker R. Carter, Jr** Clerk of the Courts, has informed him that an acute space problem exists in his office and has asked that a study be made of microfilming old records which are seldom used in order to provide additional space for current records. In this connection, the City Auditor requested that the study include his office, After a discussion of the matter, Mayor Stoller moved that a committee composed of Messrs. Murray A. Stoller, Chairman, Walker R. Carter, Jr,, Arthur S, Owens, J, Robert Thomas and Murray An Foster be appointed to study microfilming of records in the office of the Clerk Of the Courts and the office of the City Auditor and to report back to Council, The motion was seconded by Mr. Young and unanimousl adopted, YOUTH COMMISSION: Mayor Stoller called attention to the expiration of the terms of the Reverend F. E. Alexander and the Reverend M. H. Edwards as members of the Youth Commission on April 30, 1964, and called for nominations to fill the pending vacancies, -82 Hr, Jones placed In nomination the names or F, B, Alexander and ¥, Bdwords, The haslum*ion was seconded by Hro Mheeler. There being no further nominations, the Reverend F, £, Alexander and the Reverend ¥, B, Edwards were reappointed as members of the Youth Commission for terms of two years each beginning Hay 1, 1964, by the following vote: FOR #ESSRS. ALEXANDER AND EDHARBS: Hessrs, Bowles, Garland, Jones, Pollard, Hheeler, Young and Haynr Smaller ............ ?, COGNCIL~ZONING: The City Clerk reported the qualification of Hr. Rnlph Bowles as a member of Council to fill the unexpired term of Mr. Benton O, Dlllard, resigned, ending August 31~ 1964, and Hr. John H. Chappelear. Jr** as a member of the Board of Zoning Appeals to fill the unexpired term of Hr, L, P. Smithey, - resigned, ending Becember 31, 1965. Off motion of Hr. Pollard, seconded by Hr. Hheeler and unanimously adopted, the report was filed. ABDITORIUR-COLISEU#: Nayor Smaller pointed out that at a dinner meeting at Hotel Roanohe on April 8, 1964. members of the Council of the Town of Salem. the Council of the Town of Via*on. Board of Supervisors of Roanohe County, Board of Supervisors of Botetourt County and the Council of the City of Roanoke voted unanimously to name o representative to a committee created to study the possible construction of a civic center on a valley-wide basis. Mr. Garland moved that Councilman James E. Jones be appointed to represent the Council of the City of Roanoke on the committee. The motion was seconded by Mr. Young and adopted, Hr. Jones not voting. On motion of Mr, Garland, seconded by Rr, Jones and unanimously adopted, the meeting was adjourned. APPROVED / City ~lerl~ Mayor COUNCIL. REGULAR MEETING. Monday, April 20. 1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. April 20, 1964. at 2 p.m,, the regular meeting hour. uith Mayor Stoller presiding. PRESENT: Councilmen Ralph R. Boules. Robert A, Garland. Roy R. Pollard, Sr.. Vincent S. Wheeler. Walter L. Young and Mayor Murray A. Stoller ............ 6. ABSENT: Councilman James E. Jones .................................... OFFICERS PRESENT: Mr. J. Robert Thomas, City Auditor and Acting City Manager, and Mr, Randolph G. Mhittle, City Attorney. INVOCATION: The meeting was opened mJth a prayer by Councilman Vincent Nheeler, MINUTES: Copy of the minutes of the regular meeting held on Monday, April 6, 1964', having been furnished each member of Council, on motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the reading thereo~ mas dispensed uith and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: AIRPORT: Pursuant to notice of advertisement for bids on furnishing and Jnstallin9 four air conditioning units in the Administration Building at Roanoke Municipal (Woodrum) Airport, said proposals to be received by the City Clerk until 1:30 p.m., Monday, lpril 20, 1~64, and to be opened at 2:00 p,m., before Council. Mayor Stoller asked if anyone had any questions about the advertisement, and no representative present raising any question, the Mayor instructed the City Clerk to proceed uith the opening of the bids: ~hereupon, the City Clerk opened and read the follo~in9 bids: Bidder ~mount Johnston-Vest Electric Corporation - $10,780.00 Progressive Products Corporation - 11,100.00 H. 6 H. Plumbing ~ Heating Company - 11,120.00 Mr. Young moved that the bids be referred to a committee to be appointed 83 udvertJsement, und ua representative present raising uny question, the Mayor instructed the City Clerk to proceed uith the opening of the bids; mbereupono the City Clerk opened und feud the folloulng bids: BJddeF Amount Dominion £1evntor Company, Incorpornted · - $21,492.00 Otis Elevator Company 29,550,00 Mr. Garland 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 lamest responsible bidder. The motion nas seconded by Mr. Mheeler and nnanJmously adopted. Mayor Stoller appointed Messrs. Vincent S. Mheeler. Chairman, Arthur S. Owens, O. Cletus Droyles and Bueford B. Thompson as membe~ of the committee. RECREATION DEPARTMENT-AIRPORT: Pursuant to notice of advertisement for bids on furnishing all labor, tools, equipment and materials to clean, prime and paint (A) the office building of the Department of Parks and Recreation. (B) tmo small buildings directly to the rear of the office building of the Department of Porks and Recreation. (C) Hangars 11 and 12 at Roanoke Municipal (Noodrum) Airport, and (O) Hangars 13. Id and IS at Woodrum Airport, said proposals to be received by the City Clerk until 1:30 p.m., Monday, April 20, 1964, and to be opened at 2:00 p.m., before Council, Mayor Smaller asked if anyone had any questions about the advertisement, 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: Bidder Item A Item B Item C Item D Alternate Items A-D E. B. Nilliams $1.395.00 $ 336.00 $ 886.00 $1,101.00 $3,650.00 J. ~. Bushong 2,436.00 510.00 1,440.00 840.00 S,lO0.O0 Paint ~ Wallpaper Service Center 1,520.83 698.00 1,390.00 2,172.88 5,750.00 L. R. Drano. Sr. - ............................. 5,949.50 Mr. Garland 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. Pollard and unanimously adopted. Mayor Smaller appointed Messrs. Ralph R. Bowles, Chairman, Marshall L. Harris, Rex T. Mitchell, Jr., and E. James Sayer as members of the committee. PETITIONS AND COMMUNICATIONS: 'STREET LIGHTS: A communication from the Appalachian Power Company, transmitting u list of street lights which Here installed and/or removed during the month of March, 1964, Has before Council. On motion of Mr. Pollard. seconded by Mr. Garland and unanimously adopted, the communication Mas filed. BUDGET-SCHOOLS: A communication from the Roanoke City School Board. requestin9 that $300 be transferred from Contingencies to Science Fair under Section =13000. "Public Schools-Miscellaneous,* of the 1964 budoet, was before Council. Hr. Young moved that Council concur in the request nad offered the follou- lng emergency Ordinance: (~15707) AN ORDINANCE to amend end reordniu Section ~13000, #Public Scboola-#iscelluneous,' of the 1964 Appropriation Ordinance, and providing for un emergency. (For full text of Ordinance. see Ordinance Book No. 27, page 109.) Mr. Young moved the adoption of the Ordinance. The motion mos seconded by Mr. Pollard and adopted by the follouing vote: AYES: Messrs. Bowles, Garland, Pollard. Wheeler, Young and Mayor Stoller ...................................... 6. NAYS: None ........................O. (Mr. Jones ubsent) BUDGET-CITY SERGEANT-CITY JAIL: A communication from Mr. Kermlt £. Allman, City Sergeant, requesting that $360 be transferred from Personal Services under Section :30. *Jail** of the 1964 budget, to Personal Services under Section :27. *Sergeant** of the 1964 budget, to provide faf the promotion of a Deputy Sergeant-Clerk at a salary of $3.900 per annum to Deputy Sergeant-Coordinator at a salary Of $4.200 per annum, effective May 1. 1964; the transfer of a Deputy Sergeant in the office of the City Sergeant to the position of Jailer in the City Jail to fill a vacancy created by the death of a jailer; and the interchanging of personnel betueen the office of the City Sergeant and the City Jail, mas before Council. Mr. Nheeler moved that Council concur in the request and offered the following emergency Ordinance: (~15708) AN ORDINANCE to amend and reordain Section ~27, *Sergeant," and Section =30. "Jail.# of the 1964 Appropriation Ordinance. and providin9 for un emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 110.) Mr. Wheeler moved the adoption of the Ordinance, The motion was seconded bT Mr. Pollard and adopted by the following vote: AYES: Messrs. Boules, Garland, Pollard. Wheeler. Youn9 and Mayor Stoller ...................................... 6. NAYS: None ........................O. (Mr. Jones absent) ZONING: A communication from Mr. Frank N. Perkinson, Jr., Attorney. representing Mr. Larry A. Dow. et ux., requesting that property located on the east side of South Jefferson Street, between Yello~ Mountain Road and T~enty- second Street. described as Lots 1-10. inclusive. Block 67. Crystal Spring Land Company, Official Tax No. 4060601, be rezoned from Special Residence District to Business District, ~as before Council. On motion of Mr. Wheeler, seconded by Mr. Young and unanimously adopted. the request mas referred to the City Planning Commission for study, report and recommendation to Council. 85 REFUNDS AND REBATES-LICENSES: A communication from ~hltlng 011 Company, Incorporated, requesting u refund of $5.40 representing overpayment on a 1964 city truck license tag brought about by converting the truck from a tank wagon to a delivery truck which reduced the empty melght from lO,SO0 pounds to B,700 pounds, was before Council. #r. ~heeler moved that Council concur in the request und 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. REFUNDS AND REBATES-LICENSES: A communication from Dr. Ernest ~. Keller, Jr., requesting that he be refunded $10 paid for a 1964 city automobile license tag inasmuch as he has sold the vehicle and the tag has never been used, was before Council. Br. Wheeler moved that Council concur in the request and that the matter be referred to the City Attorney for preparation of the proper me,sure. The motion was seconded by Mr. Young and unanimo~ ly adopted. RKFUNDS AND REBATES-LICENSES: A communication from Salem Motors, Incor- porated, advising that it purchased a 1964 city automobile license tag for one of its customers, Mr. Donald D. Thor, 4042 Belford Street, S. ~** Roanoke, Virginia, under the impression that ~r. Thor lived in the city, and reque.tin~ a refund of the $10 paid for the license tag since it has been ascertained he lives in Roanoke County. 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 unanimously adopted. REPORTS OF OFFICERS: STREET LIGIHS: The City Manager submitted a written report, recommendin that street lights be installed at various locutions in the city. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~15709) 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. 27, page 110.) Mr. Pollard moved the adoption of the Resolution. The motion was by Mr. Garland and adopted by the following vote: AYES; Messrs. Bowles, Garland, Pollard, Wheeler, Young and Mayor Stoller ................................. 6. NAYS: None ..................O. (Mr. Jones absent) STREET LIGHTS: The City Manager submitted a ~ritten report, advising that it will be necessary to remove seven street lights in the vicinity of Patton Avenue and Second Street, N.M., in connection with the construction Of Interstate Spur §01, and recommended that the street lights be removed. Mr. Mheeler moved that Council concur in the recommendation of the City Manager nad offered the following Resolution: (#15710) A RESOLUTION authorizing the removal of certain street lights ia the vicinity of the Patton Avenue-Second Street intersection which lights are no longer needed due to the construction of Interstate Spur 501. (For full text of Resolution. see Resolution D,ok No. 27. page 111.) Mr. Wheeler moved the adoption of the Resolution. The motion Has seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Pollard, Mheeler, Young and Mayor St,lief ................................ NAYS: None ..................O. (Mr. Jones absent) BUDGET-DEPARTMENT OF PUBLIC WORKS: The City Manager submitted a ~ritten report, recommending that $35 be appropriated to Insurance under Section uno, #Engineering,' of the 1964 budget, to corer the fee for renewing the commission of an Inspector ut the Sewage Treatment Plant as a Notary Public for the state at large, In n discussion of the matter, Mayor St.lief raised the question as to why it is necessary for the City of Roanoke to take acknowledgements of deeds and other city documents outside of Roa~ohe City and Roanoke County instead of using the service~ of a local Notary Public. Mr. I1. Cletus Broyles, Director of Public Works, explained that it is isometimes difficult to locate the person whose signature is required and that often a local Notary Public would not be readily available in such instances. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15711) AN ORDINANCE to amend and reordain Section ~00, "Engineering," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 27, page 112.) Mr. Wheeler moved the adoption of the Ordinance. The motion ~as seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Bowles, Garland, Pollard, Wheeler, Young and Mayor Stoller ................................ NAYS: None ..................O. (Mr. Jones absent) BUOGET-DEPARTWEN~ OF pUBLIC WELFARE: The City Manager submitted a written report, recommending that $35 be transferred from Printing and Office Supplies to Insurance under Section u54, "City Home,s of the 1964 budget, to cover the fee for renewing the commission of a Clerk-Stenographer at the City Home as a Notary Public for the state at large. The City Auditor pointing OUt that it is necessary for the Notary Public to take acknowledgments from patients at the City Il,me which is located i, H,ret,oft County, Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (s15712) AN ORDINANCE to amend and ~eordaio~SectJona$4, *City Home,* of the 1964 Appropriation Ordieance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No, 27, page 112.) Mr. Wheeler moved the adoption of the Ordinance, The motion mas seconded by Mr, Garland and adopted by the following vote: AYES: Messrs. Boules, Garland, Pollard. Wheeler, Young and Mayor Stellar ................................. 6. NAYS: None ..................O. (Mr. Jones absent) BUDGET-CITY ATTORNEY: The Acting City Manager submitted a verbal report, recommending that $15 be appropriated to Insurance under Section m4o *City Attorney, of the 1964 budget, to cover the fee for renaming the commission of a Secretary in the office of the City Attorney as a Notary Public. Mr. Wheeler moved that Council concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: . (~15713) AN ORDINANCE to amend and reovdain Section #4, *City Attorney** Of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 27. page 113.) Mr. Wheeler moved the adoption of the Ordinance. The motion aaa seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Bowles, Garland, Pollard. Wheeler, Young and Mayor Stellar ................................. NAYS: None ..................O. (Br. Jones absent) BUDGET-CITY MANAGER: Council having appropriated $5 to cover the fee for rene~ing the commission of a Secretarial Assistant in the office of the City Manager as a Notary Public, the Acting City Manager submitted a verbal report, advising that it will be necessary to appropriate an additional $10 to cover the bond required in connection with renewin9 the commission, and recommended that this amount be appropriated. Mr. Wheeler moved that Council concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: (~15714) AN ORDINANCE to amend and reordain Section ~3, 'City Manager," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 27, page 113,) Mr, Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Bowles, Garland. Pollard, Wheeler, Young and Mayor Stellar ................................. NAYS: None ..................O. (Mr. Jones absent) BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a written report, advising that $B,500 for laundry was erroneously included in Clothin and Personal Supplies under Section u54, "City Home** of the 1964 budget, and recommending that this amount be transferred to Operating Supplies and Materials, the proper account, il ~ Mr. Young moved thut action on the matter be deferred until the next regular meeting of Council on April 27, 1964, and that, in the meantime, the City Auditor ascertain t~e amount appropriated for laundry at the City Home tn the 1963 budget us compared with the amount requested in the 1964 budget. The motion was seconded by Mr. Garland and uunnJmously adopted. BUDGETeDEpARY#ENT OF PUBLIC MELFARE-SCHOOLS: Council having previously authorized 1he razing of the old Gregory Avenue School building, the City Manager submitted a written report, advising that the firm of Salvage Masters has submitted u low bid of $649 for razing the building and recommending that this amount be appropriated in order that he might award the contract to Salvage Masters. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the foiloming emergency Ordinance: {m15715) AN 0RDXNANCE to amend and reordain Section mBO. "Maintenance of City Property," of the 1964 Appropriation ordinance, and providfn9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 114.) Mr. Darland moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the follo~ing vote: AYES: Messrs. Bowles, Garland, Pollard, Wheeler, Young and Mayor ~toller ................................ 6. NAYS: None ..................O. (Mr. Jones absent) BUDGET-DEPARTMENT OF PUBLIC WOaKS: The City Manager submitted a written report, recommending that $40 be transferred from Dues. Memberships and Subscription: under Section ~80, "Engineering." of the 1964 budget, to various accounts, in order that each of the seven Division Superintendents in the Department of Public Works may become members of the American Public Works Association. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (s15716) AN ORBINANCE to amend and reordain certain sections of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27, page !14.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Bowles, Garland, Pollard, Mheeler, Young and Mayor Stoller ............................... NAYS: None .....a ............ O. (Mr. Jones absent) AXRPORT: The City Manager submitted a-written report, recommending that he be authorized to execute license agreements between the City of Roanoke and the Federal Aviation Agency for the installation and maintenance of an approach lighting system with sequenced flashing lights for Runway 15-33 at Roanoke Municipal (Woodrum Airport, and a runway,end identification light system for Runway 15-23 at Woodrum Airport, respectively, at the entire expense of the Federal Aviation Agency. Mr. Mheeler moved that Council concur in the recommendation of the City. Manager and offered the following emergency Ordinance with regard to Runway 15-33: (~15717) AN O~DINANC~ authorizing the City Nuneger to execute n license ngreeweut between the City and the Federnl Avlntlon Agency (License No. EA-EA-4333) authorizing said Federal AviutionAgeucy to Install and maintuln, at its entire expense, au approach lighting system with sequenced flashing lights for Runway 33 at Roanohe Municipal Airport (Noodrum Fleld); and providing for an emergency. (For full text Of Ordinance, see Ordinance Rook No. 27, page 115,) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Pollard, Wheeler, Young and Mayor Stoller ................................. NAYS: None ..................O. (Mr. Jones absent) Mr. Garland then Offered the following emergency Ordinance with regard to Runway 15-23: (x15718) AN ORDINANCE authorizing the City Manager to execute a license agreement between the City and the Federal Aviation Agency (License No. FA-EA-4334) authorizing said Federal Aviation Agency to install and maintain, at its entire expense, a runway end identification light system for Runway 23 at Roanoke Municipal Airport (Roodrum Field); and providing for an emergency. (For full text of Ordinance, see Ordinance §oak ~o. 27, page Mr. Garland moved the adoption Of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Pollard, Wheeler, Young and Mayor 5toller ................................. NAYS: None ..................O. (Mr. Jones absent) TRAFFIC: The City Manager submitted a written report, advising that the Committee on Public and Business Affairs of the Roanoke Kiwanis Club has chosen as its safety project for the year a roadside coffee breah stand and that it would like to put up a tent and serve coffee, soft drinks and snndwiches to motorists entering Roanoke at Franklin Road and Avenham Avenue, S. W., from 9 a. m. to 5 p.m., May 30, 1g64. the City Manager recommending that he be authorized to grant permission for the project. Mr. Wheeler moved that the matter be referred back to the City Manager for further study and report to Council as to whether or not adequate space for parking will be available to the motorists so as not to create a traffic hazard. The motion ~as seconded by Mr. Pollard and unanimously adopted. ANRULA~CES-LXFE SAVING CREWS: The City Manager submitted a written report, transmitting a proposed Ambulance Ordinance drafted by a committee appointed by him, and suggested that Council study the proposed Ordinance and at some sub- sequent date invite affected persons or companies to appear before the body for a discussion of same. In this connection, Mrs. Alice p. Tice, a member of the committee and of the Roanoke Valley Safety Council, appeared before Council and expressed the hope that action will be taken on the proposed Ambulance Ordinance us soon us possible. Mr. James M. Fllppin, Attorney, representing the Roanoke Awbulance Service, appeared before Council and advised that his client is In favor of the proposed Ordinance, but would like to raise a few questions at the proper time. Mr. Garland moved that action on the matter be deferred until the regular meeting of Council on Ray 16, 1964. The motion was seconded by Mr. Mheeler and unanimously adopted. BUDGET-PAY PLAN: The City Manager submitted the following report. recommending that certain vacancies in various municipal departments be filled since they are of au emergency nature: "Roanoke, Virginia April 20. 1964 To the City Council Roanoke, Virginia Gentlemen: I am ia receipt of the attached letters requesting personnel in the administrative organiaatlon of the City: HEALTH DEPARTMENT - Request an employee in the Fly and Mosquito Department in Classification 10. This is not a new employee but a replacement. ~ELFARE DEPARTMENT - Miss Bernice Jones is requesting permission to employ a caseworker. This vacancy occurred nhen a ease*orker was promoted to supervisor. This is not a new employee but provided for in the budget. BUILDING DEPARTMENT - Mr. LeftwJch has [orwarded me a letter dated April 15, 1964, which explains the need for an additional employee in his office. I think it is very clear; and in his third paragraph, he points out his attempt to economize: however, in the fifth paragraph, he points out the need for this assistance. I recommend the approval as outlined in Mr. Leftwtch*$ letter, calling to your attention in paragraph seven Council action is not necessary. PUBLIC MORKS DEPARTMENT - ! Rodman - This position is open because of transferring a man to inspection. This is not a new position but is provided for in Account HO in the budget. ! Right-of-way Agent - Account'§O I am attaching a copy of a letter from Mr. H. C. Broyles requestin9 the employment of the following personnel: Account Number 97 - Refuse Hisnns~l 11 employees Account Number ~ - Street Renair ? employees Account Number 141 - Sewer and ~ra~n Cgnstructto 4 employees Account Number 140 - Street Constructign 3 employees .92 ,Account NuBbeF 94 -- Sewer Maintonince Division ! emploTee~ , I employee · ~ RespecLrull7 submitted, S/ Arthur $. Owens recowmended by the consultants for the Roanoke Valley Regional Area Transportation Study, the City Manager recommending that Council request the Virginia Departaent of Highways to proceed with the surveys and plan's. Council having deferred action on e request of the Ro~oke Junior Chamber Commerce that a detailed professional study be made of the feasibility of an alternate route for extending Interstate Spur 591 east of Mill Mountain as compared with the proposed route, Mr. James A. Ford, President of the Junior Chamber of Commerce. appeared before the body, advising thathe can understand Council°s relnetance to spend any money On a study of the alternate rout~, but that he would still like to get some definite figures off the cost of the alternate route. Mr. Mheeler, a member of the Roanoke Valley Regional Planning Commission, stated he would be glad to go over the Roanoke Valley Regional Area Transportation Study with Mr. Ford to determine what led to the choice of the southwest route and moved that Co~ncJl concur Jo the recommendation of the City Manager that the Virginia Department of Highuays be requested to proceed with the surveys and plans for the southwest route 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. PLANNING-~CitOOL~: A report prepared by the Department ox ~ity Planning and the Roanoke City Public Schools on the Roanoke City School Plant as a part of the Community Facilities Plan was before Council. Mr. Young moved that the report be received and filed. The motion was seconded by Mr. Mheeler and unanimously adopted. REPORTS OF COMMITTEES: PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council at its last regular meetin having adopted a Resolution authorizing an addendum to the contract of July 24, 1963 between $. Leuis Lionberger Company and the City of Roanoke for making alterations and repairs to the City Incinerator, to provide for lowering the floor below the new ash hoppers at an estimated cost of $6,295, and having appropriated $6,295 for thi~ purpose, the Incinerator Committee 5ubmitted the following report: "April lb. 1964 To The City Council Roanoke, Virginia Gentlemen: Council*s Incinerator Committee, after a conference with the architect, the City Manager, the Director of Poblic [ork~ and other City Personnel concerning the remodeling of the Ctty*s Incinerator makes the following recommendations: 1. That the action taken by City Council at its meeting on Monday, April 13, 1964, relative to a change order to the S, Lewis Lionberger Contract to lo~er the floor at the incinerator for the amount of $6,295.00 be rescinded. 2. That the City Manager be authorized to execute a change order to extend the contract with the Pyro Incinerator and Supply Corporation to include the ~ollowlng work: (1) Alterations and changes to two ash hoppers to facilitate the discharging of the ashes into open body.truck~, at a cost of ST,BSO.O0. The $6,295.00 appropriated will partially cover this item. (2) Install'allan of hydraulic operators on two henry guillotine stoking doors on furnaces on the second floor, 2 e $325.00 . $650.00. (3) Installation of cleanout door la main flue to facilitate removal of fly ash, cost $340,00, 3. That the City Manager be authorized to execute a change order to extend the S. Lewis Lionberger m ntract for steam cleaning and painting the Interior walls and ceiling of the second floor area, cost $3,236.00. 4. That approval be given for the installation of an automatic truck scale, estimated cost $. That an additional appropriation of $11,7BI.00 be made to the Incinerator account to cover the items listed above. Respectfully submitted, S! ¥incent S. Wheeler Vincent S. Wheeler Chairman ~! Roy R, P~Jlard. Sr~ Roy R. Pollard S! Benton O. Dillard Benton O. Dillard~ Rr, Mheeler moved that Council concur in the recommendations of the committee and offered the following Resolution repealing Resolution No. 15698: (m15720} A RESOLLr~ION repealing Resolution NO. 15698, (For full text of Resolution, See Resolution Book No. 27, page !17.) Mr. Wheeler moved the adoption of the Resolution. The notion was seconde by Mr. Pollard and adopted by the following vote: AYES: Ressrs. Bo~les, Garland. Pollard. Wheeler. Young and Mayor Stoller ................................. 6. NAYS: None ..................O. (Mr. Jones absent) Mr. Wheeler offered the following Resolution authorizing an addendum to the contract of Pyro Incinerator and Supply Corporation: (glS?21) A RESOLUTION authorizing an addendum to the contract of August 16, 1964, between the City and Pyro Incinerator ~ Supply Corporation. (For full text of Resolution, see Resolution Book No, 27. page 117.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Pollard, Wheeler, Young and Mayor Stoller .................................. 6. NAVS: None ...................O. (Mr. Jones absent) Mr, Wheeler offered the following Resolution authorizing an addendum to the contract of $. Lewis Lionberger Company: (g15722) A RESOLUTION authorizing an addendum to the contract of July 24, 1963. between S. Lewis Lionberger Company and the City for making alterations and repairs to the City*s Incinerator. (For full text of Resolution. see Resolntion Book No. 2?, page liB.) Hr. Wheeler moved the adoption of the Resolution. The motion was seconde~ by Yr. Pollard and adopted by the following vote: AYES: Wessrs. Bowles, Garland. Pollard. Vheeler, Young and Stoller ................................ 6. NAYS: Noue ..................O, (Mr, Jones absent) Mr.~heeler offered the following Resolation authorizing the installation of the automatic track scale: (~15723) A RESOLUTION authorizing the City Wanuger to purchase and cause to be iostalled ia the Clty"s Incinerator that is presently bein9 altered and (For full text of Resolution. see Resolution Douk No. 2?. paoo 119.) ~r. Mheeler moved the adoption of the Resolution. The not)on wa5 seconded by ~r, Pollard and adopted by the following vote: AYES: Messrs. Bowles, Gar/and. Pollard, Wheeler, Young and Mayor Stoller ................................ NAYS: None ..................O. (~r. Jones absent) Mr. Wheeler then offered the following emergency Ordinance appropriatin9 an additional $11.?~1: (~15724) AN ORDINANCE to amend and reordain Section al?O, "Capital." of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 2?.'page 119.) Mr. Mheeler moved the adoption of the Ordinance, The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs. Bowles, Gaff and. Pollard. Mheeler, Young and Rayor Stoller ................................ 6. NAYS: None ..................O. (~r. Jones absent) PARKS AND PLAYGROUNDS-GARBAGE REROYAL: Council having previously referred to the Incinerator Committee for study, report and recommendation a request of the City Manager that he be authorized to purchase a 4S-cubic yard compaction trailer and a truck with hoist attachment for refuse collection at an estimated cost of $23,OO0, the committee submitted the following report: ~April 16~ 1964 To the City Council Roanoke. Virginia Council's Incinerator Committee after investigating the feasibility Dumpster Contdioer System makes the following recommendations: · hat the City Manager be authorized to advertise for bids on one Rodel DB-42 Dempster Compaction Trailer or equal and one ~otorlzed De~pster Dumpste~ CRD B04-F-2 rear mouuted Hydraulic Lift or equal, to be used by the Sanitary Division of the Department of Public Estimated cost of the two units is $24,000.00 It is suggested that the above equipment could b~ pur- chased fro~ unexpended funds already set up in the 1964 budget of Account g? as folloss: 95 l-Dempster Duupster Raster Pickup Unit $11,000 l-Cub nnd Chossis for Muster Pickup Unit S,O00 Remaining funds from 5 Load Packers 9.6n~ Total arnflnble funds $25,6B$ Respectfully submitted, S! Vincent S. ~heeler ¥incent S. [heeler Chairman S! Roy S. Pollard. Sr. Roy R. Pollard S~ B~ntgn O. Dillard Denton O. Dillard* Mr. ~heeler moved that Council concur In the recommendation of the committee and offered the following Resolution: (u15725) A RESOLUTION authorizing the City Manager to advertise for bids for certain motorized equipment to be used by the Sanitary Division of the Department of Public (For full text of Resolution, see Resolution Book No. 27, page 120.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowleso Garland, Pollard, Nheeler, Young and Mayor Stoller ........................ 6. NAYS: None .........O. (Mr. Jones absent) PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having previously authorized the reclassification of four disposal laborers as incinerator operators, the Incinerator Committee submitted the following report: "April 16, 1964 TO the City Council Roanoke, Virginia Gentlemen: In order to fully utilize to the best advantage our new remodeled incinerator, it is proposed that it be operated three shifts per day. five days per week and also the day shift on Saturday from 7:00 a.m. to 3:00 p.m. In discusoing the operation of the incinerator with the Architects, the incinerator contractor and personnel in the Department of Public ~orks, it is felt by the committee that a minimum of four men per shift will be required. This personnel are as follows: two incinerator operators and two disposal laborers. In order to work the extra shift on Saturday, to provide per- sonnel to clean up and maintain the incinerator while it is shut down on Saturday night, and Sunday, and to provide sufficient personne! to fill in during vacation and sick leave, a total of sixteen people are required for the complete operation Of the incinerator+ as Outlined above. City Council has already authorized four new classifications as incinerator operators, group three. This was o reclassification and did not constitute any new positions in the department. To complete the personnel at the incinerator, twelve new positions are required, (four incinerator operators and eight disposal laborers.) The Director of Public ~orks, feels that the employment of these new positions will not require any new appropriations and can be covered under account 97, refuse collections and disposal, personnel services already set up in the 1964 budget. It is recomuended that authorization be given to fill these twelve new positions. Respectfully submitted, S/ Vlflcent S. Whee~er Vincent S. Mheeler Chairman S/ ROy R. Pollard. Sr. Roy R. Pollard S/ Denton O. Dillard Denton O. Dillard' Mr. Wheeler moved that Eouncil concur in the recommendation of the committee and offered the following Resolution: (#15726) A RESOLUTION authorizing the Gity Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 27, page 120.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconde by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland. Pollard, Wheeler. Young and Mayor Stoller ................................ 6. NAYS: None ..................O. (Mr. Jones absent) UNFINISHED BU$1~Ea~: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PUBLIC DEPOSITORIES: Ordinance No. 15704. amending and reordaining Sectiod l, Chapter 3. Title V. of The Code of the City of Roanoke, 1956, relating to Public Depositories. having previously been before Council for its first reading, read and laid over. was again before the body. Ar. Young offering the following for its secon~ reading and final adoption: (~1fi704) AN ORDINANCE amending and reordaining Sec. 1. 'Designation' of Chapter 3. 'Public Depositories' of Title V. 'Finance' of The Code of the City of Roanoke, 1956. (For full,ex, of Ordinance, see Ordinance Rook No. 27. page 109.) Mr. Voung moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AVES: Messrs. Bowles, Pollard, Wheeler, Young and Stoller ...........5. NAYS: Mr. Garland ................................................... (Mr. Jones absent) REFUNDS AND REBATES-LICENSES: Council having directed the City Attorney to prepare the proper measure refunding ~lO to Charles Lunsford $on~ and fzard Insurance for a 1964 city automobile license tag inasmuch as the vehicle has been sold and the tag has never been used, he presented same; whereupon. Ar. Wheeler offered the following Resolution: (~15727) A RESOLUTION directing that a refund of $10.00 be made unto Chas Lunsford Sons and Izard Insurance, the amount erroneously paid for a 1964 City automobile license tag. 97 (~or full text of Resolution, see Resolution BOOR No. 27. page 121,) NFo Nheeler moved the adoption of the Sesolatioe. The motion mas secoode( by Mr. ~ollord and adopted by the following vote: AYES: Messrs. Bowles, Garland, Pollard, Nheeler, Young and Mayor Stoller ...... ~---~ ...................... 6. NAYS: None ..................O. (Hr. Jones absent) AIRPORT: Conncil baying directed tbe City Attorney to prepare tbe proper measure autborizing the Clty Nanager to enter into · contract with tbe Appalachian Power Company for the relocation of its power line along Rershberger Road and Virginia Route 117 i~ connection mith tbe extension of Runway 15-33 at Roanoke Nunicipal (Noodrum) Airport. be presented same; whereupon. Nr. Pollard offered tbe following Resolution: (#15T28) A RESOLUTION authorizing the City Ranager to execute a requisite contract with Appalachian PoMer Company for the relocation of its power line along Hershberger Road and Virginia Route Il?, in connection with the extension of Runway 15-33 at Roanoke Nunictpal (Moodrum) Airport. upo~ such terms as said City Manager deems are protective of the City's interests and subject to the approval of the Federal Aviation Agency. (For full text of Resolution, see Resolution Book No. 27, page 121). Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Pollard, Nheeler, Young and Mayor Stoller ................................. NAYS: None ..................O. (Mr. Jones absent) AIRPORT: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to enter into a contract with the Chesapeake and Potomac Telephone Company for the relocation of its telephone line along Oershberger Road and Virginia Route 117 in connection with the extension of Runway 15-33 at Roanoke Municipal (Woodrum) Airport, he presented same; whereupon, Mr. Pollard offered the following Resolution: (~1572g) A RESOLUTION authorizing the City Manager to execate a requisite contract with Chesapeake and Potomac Telephone Company for the relocation of /ts telephone line along Nershberger Road and Virginia Route 117, in connection with the extension of Runway 15-33 at Roanoke Municipal (Roodrum) Airport, upon such terms as said City ManaDer deems are protective of the City*s interests and subject to the approval of the Federal Aviation Agency. (For full text of Resolution, see Resolution Book No. 27, page 122o) Mr. Pollard moved the adoption of the Resolution. The motion was seconde~ by Mr. Wheeler and adopted by the following vote: AYES: Messrs.BoMles. Garland, Pollard, Wheeler, Young and Mayor Stoller ................................ 6, NAYS: None .................O. (Mr. Jones absent) PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having directed the City Attorney to prepare the proper measure providing foe the purchase of a strip of land from the property of Mr. and Mrs. M. S. Austin, desigaat, ns Official Tax No. 3121905, for the purpose of widening Mason Mill Road, N. E., in the vicinity of the East Gate Land~ll, he presented same; whereupon, Mr. Young moved that the following Ordinance be placed upon its first reading: (~15730) AN ORDINANCE nccepti~ga ~erbal offer from M. S. Austin and wife to sell the City a Ia-foot wide strip off the front of their lot on Mason Mill Road. MHEREAS, the City Manager has advised this Council that M. So Austin and wife have orally offered to sell a 10-foot wide strip off the front of their real estate (Official Tax No. 3121905) situate on Mason Hill Road. N.E., for the sum of $500 net cash, which said strip is needed as right of way for the widening of said Mason Mill Road, and has recommended the adoption of this ordinance, in which recommendation this Council concurs. THEREFORE. HE IT ORDAINED by theCouncil of the City of Roanoke as foilo~s:~ 1. That the verbal offer of M. 3. Austin and wife to sell and convey unto the City a 10=foot wide strip off the front of their real estate (Official Tax NO. 3121905) situate on Mason Mill Road, N. E., for the sum of $500 net cash, be, and ~aid offer i~ hereby, accepted. 2. That the City Attorney cause a requisite examination of title of the aforesaid real esta~ to be made and, if the owners thereof may lawfully conve nnencumbered fee slmpletitle thereto unto the city by deed contaioing general ~arrant and modern english covenants of title, to accept such deed off behalf of the City and tO deliver unto the party entitled thereto the City's voucher in the amount of $500 in exchange for such deed properly executed; which voucher the City Auditor ia hereby authorized to deliver to the City Attorney, payable as directed by said Attorney upon request for use as aforesaid. The motion was ~econded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles. Garland, Pollard, Wheeler, Yeung and Mayor Stoller ................................ NAYS: None ..................O. (Mr. Jones absent) BUDGET-pAy PLAN: Council having directed the City Attorney tO prepare the proper measure authorizing the City Manager to fill certain vacancies in various municipal departments since they are of an emergency nature, he presented same; ~hereupon, Mr. Pollard offered the following Resolution: (=15731) A RESOLUTION authorizln0 the City Manager to employ certain personnel. (For full text of Resolution. see Resolution Book No. 27, page 122.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the follo~ing vote: AYES: Messrs. Bowles. Garland, Pollard. Wheeler. Young and Mayor Stoller ................................ NAYS: None ..................O. (Hr. Jones absent) 100 MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC: Council at its aeeting on March 18. 1963, having denied the request of Hr. Houard G, Lauder that parking be eliainuted on the~south side of Jnmison Avenue. $. E.,. betueen Ninth Street and Tuelrth Street. instead of the north side, Mr. Young stated that he has received a complaint from a citizen in that area that the parking restriction on the north side of Jamison Avenue is uorking u hardship on some of the citizens in that section and moved that the City Manager be directed to restudl the parking regulations on Jamison Avenue, S. E. between Ninth Street and Twelfth Street. and to report back to Council. The motion was seconded by Mr. Xheeler and unanimously adopted. On motion of MF. Pollard. seconded by Rr. Wheeler and unanimnusl! adopted, the meetin9 uas adjourned. APPROVED ATTEST: ~ City ~lerk W~or COUNCIL, R£GULAM MEETING Monday, April 27, 1964. The Council of the City of Roanoke met Jn regular meeting In the Council Chamber in the Municipal Building, Monday, April 27, 1964, ut 2 p.m,, the regular meeting hour, mlth Mayor Stoller presiding, PRESENT: Councilmen Ralph E, Bowles, Robert A. Garland, James E, Jones, Roy R. Pollard, Sr., Vincent So Nheeler, Mai*er L, Young and Mayor Murray A, Stol/er ................................ 7. ABSENT: None ................O. OFFIC£R$ PRESENT: Mr, Arthur 5, Owens, City Managert Mr, Randolph G, Mhittle, City Attorney, and Mr. Nillian F, Crigqs, Assistant City Auditor. INVOCATION: The meeting mas opened with a prayer by Councilman Vincent S, Mheelero MINUTES: Copy of the minutes of the regular meeting held on Monday, April 13, 1964, having been furnished each member of Council, on motion of Mr. Nheeler, seconded by Mr, Young and unanimously udopted, the reading thereof was dispensed with 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 two park shelters, one at Fallon Park and one at Melrose Park, said proposals to be received by the City Clerk until 1:30 p.m., Monday, April 27, 1964, and to be opened at 2:00 p.m., before Council, Mayor Stoller asked if anyone had any questions about the advertisement, 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: Per Bidders Shelter Hodges Lumber Corporation $ 9,983.00 Regional Construction Services, Incorporated 11,998.00 Southwest Uuilding Corporation 14,~50.00 Mr. Wheeler moved that the bids be referred to a committee to be appointe~ by the Mayor for tabulation and report to Council, the City Attorney to prepare the proper measure acceptin9 the proposal of the lowest responsible bidder. The motion was seconded by Mr. Jones and unanimously adopted. Mayor Stoller appointed Messrs. Roy R. Pollard, Sr., Chairman, Arthur S. O~ens and Rex T. Mitchell, Jr., as members of the committee. DEPARTMENT OF PUBLIC WELFARE: Mrs. Minor F. Dodge, 2531 Center Avenue, N. W., appeared before Council, advising that she receives $40 per month social security and that her husbandreceives $66 a month disability, that since this is not enough to live on she applied to the Department of Public Welfare for old age '.101 102 Gu io~Joe of Mr. iheeIer, secelded bF Hr. Jules iud iiilIiOlsIy adupte~, the request sas referred to the City CateRer for dlspostloe. P£TITIO.~ A~D COMR~NICATIO~S: ZOhI~G: A consuefcatfou froB Mr. Stuart Ao Barb,ar. Jr.. Attoruey. represeutlsg Mrs. £driss D. Crowder. et el.. requestlug that a 3.28-acre tract o! lead located on the north side of Lyadhurst Street. ~. H.. between Round Hill Arouse and Hlllcreut Avenue. designated as Official Tax ~o. 2070221. be ret, ced from General Residence District to Special Residence District. was before Council. On notion of Hr. Mheeler. seconded by Hr. Jones and unaulnously adopted. the request sas referred to the City Planning Commission for study, report and recommendation to Council° ZOSING: A cennunicatlon from Mr° Stuart A. barb,ur. Jr.. Attorney. representing Hr. Floyd F. HoC,lien. et al.. requesting that property located on the east s/de of Franklin ~oed. So ~.. between halnut Avenue and Hoods Avenue. described as L~ts S and 6A. block !. Official Survey ~. H. 4. Official ~ax ho. 1030505. be fez, ned from ~pecJal Residence District to business District. was before ConncIl. On notion of Mr. Garland. seconded by Hr. Jones and unanimously adopted. the request ~as referred to the City Planning Commission for study, report and recommendation to Cooncfl. REFU~bS A~D R~bAT~S-LICEN$£S: A connunication fron Mrs. Hildred G. i ~hompson, requesting that she be refunded $10 paid for a 1964 city automobile license tag inasmuch as she has sold the vehicle and the tag has never been used, was before Council. Mr. Rheeler moved that Council concur in the request and that the matter be referred to the City Attorney for preparation of the proper neasure. The notion was seconded by Mr. Garland and unanimously adopted. R£FU~D5 A~D RhUA~L~-LICENSES: A communication from the Pet Milk Company, Uairy Division, advisinq that it purchased t~o 1964 city truck license ta~s for trucks located in Montgomery County and requesting a refund of the $33,60 paid for the license ta~s since city tags are not required in that area, was before Council. Mr. ~heeler moved that Council Concur in the request and that the matter be referred to the City Attorney for preparation of the proper measure. ~he motion was seconded by Rt. Bowles and unanimously adopted. AUDITORIUM-COLISEUM: A Resolution of the Cave Spring Junior Chamber of Commerce, commending the Roanoke YaJJey governing bodies for their apparent spirit of cooperation in appointing a committee to stady the question of constructing a civic center on a valley-uide basis and pledgJo~ the whole-hearted support of the Cave Spring Jaycees for any equitable solution which the committee may offer, was before Council. Hr. Jones n~ved that a copy of the Resolution be forwarded to the Roanoke Valley Civic Center Committee. The motion was seconded by Hr. Hheeler and unani- mously adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted u mrltten report, recom- mending that street lights be Installed on Reoniston Avenue, S, M** betweenFauquier Street and Edgeuood Street, and In the middle of the 3100 block of Mlllow Road, Mr, Nheeler moved that Council concur in the recommendotion ul the City Manager and offered the following Resolution: (u15732) A RESOLUTION authorizing the installation of street lights at vurious locations in the City of Roanoke, (For full text of Resolution,.see Resolution Rook No. 27, page 124.) Mr, Mheeler moved the adoption of the Resolution, The motion was seconde* b~ Mr. Yonng and adopted by the folloming vote: AYES~ Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stolier ........................... NAYS: None ...................O. BUDGET-HUSTINGS COURT: The City ManaGer submitted a written report, recommending that $19.50 be appropriated to Maintenance of Machinery and Equipment under Section ~20, "Hustings Court," of the 1964 budget, Mr, Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (415733). AN ORDINANCE to amend and,reordaln Section 420, "Bustings Court of the 1964 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 27, page 124.) Mr. Pollard moved the adoption of the Ordinance, The motion was seconded by Mr. Young and adopted by the followin9 vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... ?o NAYS: None ...................O. BUDGET-ZONING: The City Manager submitted a written report; recommendin that $49°50 be transferred from Printing and Office Supplies to Dues, Memberships and Subscriptions under Section ~131, "Zoning," of the 1964 budget* to provide for the purchase of three volumes of Metzenbaum. The Law of Zoning. M~o Jones moved that Council concur in the recommendation of the Glty Manager and offered the following emergency Ordinance: (415734) AN ORDINANCE to amend and reordain Section 4131, "Zoning," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 27, page Mr. Jones moved the adoption of the Ordinance, The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Bowles. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... NAYS: None ...................Oo 103 .:1.04 BUD~ETeZONING; The City Manager having previously reccmmended that $122 be appropriated to Office Furniture and Equipment - Replacement under Section si31, 'Zoning," of the, 1964 b~dget, to provide for the purchase of a desk and choir for the office of the Board of Zoning Appeals due to a change in office space, end the setter having been referred beck to his for the purpose of ascertaining whether or not the two deshs nam in use in the office of the Board of Zoning Appeals cnn be used by other aanicipal departments with more office space which have requested desks in the 1964 budget uith a view of using the funds allocated to these depart- ments to purchase the desk and chair for the office of the Board of Zoning Appeals, the City Manager submitted a written report, advising that eleven desks have already been purchased by various municipal departments this year and that he has arranged with the Purchasing Agent to provide a desk and chair for the Board of Zoning Appeals from desks which have been exchanged within the organization, Council being of the opinion that the request of the Board of Zoning Appeals for funds to purchase a desk and chair shoald be granted rather than pro~ riding a desk and chair for the office of the Board of Zoning Appeals from desks which have been exchanged within the city government, Mr, Jones offered the following emergency Ordinance appropriating $122 for this purpose: (~15735) AN ORDINANCE to amend and reordain Section gl31, "Zoning," of the 1964 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 27, page 125.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded Mr. Young and adop~ed by the following vote; AYES: Messrs. Bowles, Garland. Jones. Pollard. Wheeler, Young and Mayor Stoller ........................... NAys: None ...................O. YRAFFIC: The City Manager having previously recommended that the Roanoke Kiwanis Club be permitted to place a roadside coffee break stand at Franklin Road and Avenham A~enue, S. W., on May 30, 1964, as its safety project for the.year, and Council baring referred the matter back to btm for further study and report aa to whether or not adequate space for parking would be available at the roadside stand to motorists entering Roanoke so as not.to create a traffic hazard, the City Manager submitted a written report, advising that it is his expectation to see that the project is efficiently handled and the general public protected. Mr. W~eeler moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Garland and unanimously adopted. WATER DEP~RYMENT: The City Manager .submitted a written report, trans- mitting a request of the Virginia Inland Sailing Association that it be permitted to iuse Carvins Cove for sailboat racing on June 14, 1964, with an alternate date of June 21, 1964, an~ recommended that .the request be granted with proper precautions to be taken as to safety and indemnity, Mr. Young 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 moa seconded by Mr. Jones and unanimously adopted, DUDGET-PAV PLAN: The City Manager submitted the following report, recommending that certain vacancies in various municipal departments be filled since they are of an emergency nature: "Roanoke, Virginia April 27, 1964 To the City Council Roanoke, Virginia Gentlemen: The following positions are needed to be filled for the efficient operation of the City: POLICE DEPARTMENT Telephone Operator. Group 16, for the Switchboard MATER DEPARTMENT Delinquent Account Clerk, Grade 17, due to the retirement of an employee on May 1, lg64. Respectfully aubmitted, S/ Arthur S, Owens City ManagerH 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. Bowles and unanimously adopted. CITY AUDITOR: The City Auditor submitted a financial report for the month of March, 1964. Mayor Stoller suggesting that future reports include comparative figures for the previous yeart Mr. Young moved that the report he filed. The motion was seconded by Mr. Mheeler and unanimously adopted. BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager having previously recommended that $8,500 be transferred from Clothiug and Personal Supplies to Operating Supplies and Materials under Section ~54, "City Home** of the 1964 budget to meet the cost of laundry at the City Home, and Council having referred the matter tothe City Auditor for study and report as to whether or not the amount requested is ia line with the amount appropriated for 1963, the City Auditor submitted a written report, advising that the funds were appropriated in the curren badger in the wrong accouet because of an error in classification by the Department Of Public Melfare and that the transfer should be made as requested. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15736) AN ORDINANCE to amend and reordain Section ~54, "City Home.* of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 27, page 126.) :105 106 bi Mr. ~heeler and adopted by the following vote: AYES: Bessrs. Bowles, Garland, Jones, Pollard, Rheeler, Young and ZONING: Council having referred to the CJtI Planning Commission for as Lot 9, Block 5, Official Surrey 5. Eo 3, Official Tax No. 4020710, be rezoned "April 23, 1964 To The City Council R~anoke, Virginia Gentlemen: Attached is a tabulation of the bids for furnishing and installing four (4) air'conditioning units in the Administration Buildin9 at Roanohe Municipal (Woodrnm) Airport, which bids were opened and readbefore City Council on Monday, April 20, 1964, As can be seen by the tabulations, it might have been possible to get a lower price on the total contract by awarding Zones I and 2 to the H. & H. Plumbing ~ Heating Company. and Zones 3 and 4 to Johnston-Vest Electric Corporation. However. it was not the toteot in breaking up the bids by units, to award the contract in this manner, nor was it agreeable with the contractors. In submitting their bid. Johnston-Vest Electric Corporation recommended that three items be deleted from the specifications. This would enable them to reduce their low bid of $10.788.00 to $10.000.00. Acopy of their letter is attached. The Committee recommends that the three items mentioned in their letter be deleted, and that the contract be awarded to Johnston-Vest Electric Corporation in the amount Of $10.000.00 plus an additional sum to cover preparation of plans and advertising. Bespeetfnlly submitted. $/ Robert At Garland Robert A. Garland Chairman S/ Ralph K. Bowles Ralph Ko Bowles S, Arthur St Owens Arthur S. Owens $/ Marshall Lt Harris (Dissent)* ~arshall Lo Harris S~ Bo B. ~hompson Bueford B. Thompson * With regard to deleting Item Yr. Carload moved that action on the matter be deferred ua*Il the next regular meeting of Council in order that the committee con give further study to the three Item3 which the Iow bidder has recommended be deleted from the specifications. The motion was seconded by MFo Jones and unanimously adopted. MUNICIPAL HCILDIN6: Council having referred bids received on the removal of the existing elevator, remodeling of the elevator shaft and installation of a new elevator cur in the Ruaicipal Huilding to a committee composed of Messvs. Vincent S. Mheeler. Chairman, Arthur So Omens, C. Cie*us CFOyles and Cueford C. Thompson for tabulation and report, the committee submitted a Mrltten report, advising that since only two bids were submitted and there is such a substantial difference between the bids it feels ail bids sba,id be rejected and the City Manager directed to advertise for construction and installation of an elevator in the Municipal Building as soon as possible. Mr. Young moved that Council conc,r in the report of the committee and offered the foil,ming Resolution: (~1S737) A RESOLUTION rejecting all proposals received for the instal- lation of an automatic elevator in the Municipal Building; and directing the City Manager to readvertise for new proposals for said elevator. (For full text of Resolution. see Resolution Book No. 27. page 126.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Rheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. RECREATION DEPARTMENT-AIRPORT: Council having referred bids received on furnishing all labor, tools, equipment and materials to clean, prime and paint (A) the office building of the Department of Parks and Recreation. (B) two small buildings directly to the rear of the office building of the Department of Parks and Recreation. (C) Hangars 11 and 12 at Roanoke Municipal (Ne,drum) Airport. and (D) Hangars 13. 14 and 15 at We,drum Airport to a committee composed of Messrs. Ralph K. Bowies. Chairman. Marshall L. Harris. Rex T. Mitchell. Jr.. and E. James Sayer for tabulation and report, the committee submitted a written report, together with a tabulation of the bids. showing the bid of K. B. Williams for Items A. B and C. in the total amount of $2.61T. as low bid. and the bid of J. W. Bush,ag for Item D. in the amount of $840. as low bid. and recommended that the low bid in each instance be accepted. Mr. Bowles moved that Council concur in the recommendations of the committee and offered the following Resolution acceptin9 the proposal of K. B. Milliams for Items A. B and C: (m15738) A RESOLUTION acceptin9 the bid of K. B. Milliams. Contractor. for painting four (4) City buildings. (For full text of Resolution, see Resolution Book No. 27. page 127.) 107 108 Mr, Bowles moved the adoption of the Resolution, The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, #heeler, Young end Mayor St*lieF ........................... ?, NAYS: None ...................O. Mr, Bowles then offered the foil*wing Resolution accepting the proposal of J, W. Bushocg for Item D: (z15739) A flESOLUFION accepting the bid of J. #, Bush*ag for painting Quonset Hangar Buildings Nos. 13, 14 and 15 at the Roanoke Municipal (Po*drum) Airport. (For full text of Resolution, see Resolution Book No. 27, page 128.) Mr. Boules moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Rheeler, Young and Mayor St*lief ........................... 7. NAYS: None ...................O. LIBRARIES: The City Manager having previously reported that the old library building in Elmwood Park is structurally unsafe, and Council having referred the matter to a committee for investigation, report and recommendation, the Committe6 submitted the following report: *April 23. 1964 Roanoke City Council, Roanoke, Virginia Gentlemen: Your committee appointed December 10, 1963, in regard to the *Terry Home* situated in Elmwood £ark reports as follows: (1) The committee and Mr. D. B. Reed, Assistant Buildln9 Commissioner, inspected the building and find it in a poor con- dition of repair but structurally sound and after careful consideration recommend that it be repaired and altered at a cost not to exceed $35,000.00 for office space for the City Planning Department and the Board of Zoning Appeals. (2) That the matter be referred to the City Manager to prepare plans and estimates for use as set forth above and report to council at his earliest convenience. Sincerely, $/ Murray A. St*lief $/ Walter L. Young $/ Rectum O, Dillard Chairman* After a discussion of the matter as to possible alternatives, Mr. Pollard moved that action on the question be deferred until the next regular meeting of Council on Ray 4, 1964o The motion was seconded by Mr. Wheeler and unanimously adopted. In this connection, Council having deferred action on a request Of the Roanoke Council for Retarded Children that adequate space be provided for the I I Consultation and Evaluation Clinic for Retarded Children at the Health Center, pending receipt or the report or the committee studying the old Terry Hone, Hr, Rheeler moved that the request of the Roanoke Council for Retarded Children be riled, The motion mas seconded by Mr. Pollard and unanimously adopted, B~DCET-SCHOOLS: The committee appointed to study the recommended program or the Roanoke City School Board for the mentally retarded pupils submitted the rollouing report: WApril 27, 1964, To the Council of the City or Roanoke, Roanoke, Virginia. Gentlemen: Your committee appointed on April 13, 1q64. to study the recom- mended program of the Roanoke City School Hoard for the mentally retarded pupils, reports as follows: Findings: A, There are no ~elfare programs at present to assist Jn the financln9 of the proposed expansion of the existing Rontally Retarded (MR) program. B. RR is sometimes a medical program, sometimes an education program, depending on the age and degree of retardation. C, The Commissioner or Health and Health Department will rlrnish assistance and will consult upon request in the educational program, Similar assistance will be available from the Department of Public Welfare. D, The proposed expansion of the existing MR program is practicable and realistic. The pupils are here and with institutional cost to the State), F. There is no long-range program for MR locally. It is It the present expansion is approved, there will be psychologist and six additional teachers, Recommendation: Employment Of a psychologist having been authorized, the School Board should be further authorized to empluy the its proposal. Additional appropriation for the period July 1-December al, 1964: Respectfully, S/ Murray A. Stoller Mayor Murray A. Stoller, Chairman, $/ Bernice F. Jones Riss Bern i caF. Jones, 5/ William H. Weeler, M, D. Dr, Mllliam H. Heeler, S/ E, M. Rushton Dr. E. ~. Rushtofl S/ R, E. glemas Mr. R. Eo Klemas,w 109 In this connection. Mrs. Roy V. Greasy. President of the Noman*s Glib of Ronnoke,'appenred before Council and presented a Resolution adopted ut n board u,,ting of the Moman*s Club on April 23, 1964, requesting Council to approve forth- with the funds requested by the School Board for the expansion of the program for the mentally retarded pupils Jut, the secondary schools. A delegation of approximately twelve members of the Roanoke Council for Retarded Children also appeared before the body la support of the recommended program, After a discussion of the matter. Mayor Stolle~ pointing out that the total cost to the city of $18,980 is based on the state paying $1,920 toward the salaries of three of the additional teachers required and that he has now been Informed by the Superintendent of Schools that the state will probably pay an additional $1,920 toward the salaries of the other three teachers required, Mr. Young offered the follouing emergency Ordinance appropriating $12,980 in addition to the $6,000 already appropriated for a psychologist: (~15740) AN ORDINANCE to amend and r,ordain Section ~2000, "Schools- Instruction,~ of the 1964 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 128.) Rt. Young moved the adoption of the Ordinance. The notion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles. Garland. Jones. Pollard. Wheeler. Young and Mayor St,lief ........................... NAYS: None ...................O. PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: A committee composed of Messrs. Benton O. Dillard, Chairman. Walter L. Young, Murray A. St.liar, Arthur S. O~ens and Rex T. Mitchell. Jr., having recommended that Council (1) accept the offer of Mr. Raury L. Strauss to donate fifteen acres of land located west of Peters Creek in Roanoke County, between Salem Turnpike and Shenandoah Avenue, to the City of Roanoke, for park purposes, (2) instruct the City Manager to negotiate with Mr, Strauss for the acquisition of a'n additional 11 acres of land located east of Peters Creek, in Roanoke City, for parr purposes, (3) authorize the City Manager to make appropriate application to the Housing and Home Finance Agency~ Open Space Division. for a 30~ grant-in-aid toward the cost of the 11 acres, and (41 enter into an agreement with Mr, Strauss to pave West Side Boulevard, N. W,, from Shenandoah Avenue to Green Spring Avenue. at an estimated cost of $31,875, of which the developer will pay one-half, and Council having accepted the first three recom- mendations, but requested that further study be given by the committee to the fourth, and having named Mayor Murray A. St. Ilar as Chairman of the committee and appointed Councilman Vincent S. Wheeler to replace Mr. Dillard, the committee submitted a written report, advising that a meeting has been held with Mr. Strauss who has agreed to construct the street at his sole expense and sell the eleven acres of land to the city at the appraised price, taking into consideration the improvement of the acreage by the construction of the street, the committee reiterating its first three recommendations on the basis of the street being constructed by Mr, Strauss at his sole expense. Hr. Mheeler moved that action on the matter be deferred until the next regular meeting of Council on Ray 4, 1964. The motion was seconded by Mr. Young and unanimously adopted. UNFINISHED BUSINESS: BUDGET?AIRPORT: Council having deferred action on a recommendation of the City Manager that $300 be appropriated to pay for preliminary professional services rendered by an architect in the preparation of plans and specifications for hangar and shop facilities at Roanoke Municipal (Wgodrum) Airport requested by the Aerial Services Corporation, which project did not materialize, the matter was again before the body. At the suggestion Of the City Manager, Mr. Wheeler moved that the report of the City Manager be filed. The motion mas seconded by Mr. Pollard and unani- mously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION A~D CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Ordinance No. 15730, PrOviding for the purchase of a strip of land from the property of Mr. and Rrm. M. S. Austin, designated as Official Tax No. 3121905, for tbe sum of $500, for the purpose of widening Mason Mill Road, N. E., in the vicinity or,the East Gate Landfill, having previously been before Council for its first reading, read and laidli over, was again before the body, Mr. Rheeler offering the followin9 for its second reading and final adoption: (#15730) AN ORDINANCE accepting a verbal offer from M, $. Austin and wife to sell the City a 10-foot wide strip off thq front of their lot on Mason Mill Road, (For full text of Ordinance, see Ordinance Book No. 27, page 123.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard an~ adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Nheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. REFUNDS AND REBATES-LICENSES: Council having directed the City Attorney to prepare the proper measure authorizing a refund of $5.40 to Whiting Oil Company, Incorporated, representing overpayment on a 1964 city truck license tag brought about by converting the truck from a tank wagon to a delivery truck which reduced the empty weight from 10,500 pounds to 8,700 pounds, he presented same; mbereupon, Mr. Pollard offered the follouing Resolution:, (#15741) A RESOLUTION directing the refund of $5.40 representing over- payment on a 1964 city truck license to Whiting Oil Company, Incorporated. (For full text of Resolution, see Resolution Book No. 27, page 129.) 111 112 MFo Pollard moved the adoption of the Resolution. The motion wes seconded by Hr. Nheeler end adopted by the following vote: AYES: Xessrs. Bowles. Garland. Jones. Pollard. Wheeler. Young end Mayor Stoller ........................... NAYS: None ................... REFU~S AND REBATES-LICENSES: Council having directed the City Attorney to prepare the proper measure authorizing a refund of $10 to Dr. Ernest J. Keller, Jr** representing the amount paid for a 1964 city automobile license tag inasmuch as Dr. Keffer has sold the vehicle and the ta9 has never been used, he presented same; whereupon, Mr. RheeleF offered the foil*wing Resolution: (=15742) A RESOLUTION directing a refund of the sum paid unto the City by Dr. Ernest J. Keller, Jr.. for a 1964 city automobile license tag erroneously purchased. (For full text of Resolution. see Resolution B,oh No. 27. page Mr. Mheeler moved the adoption of the Resolution. The motion Has seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Boules, Garland, Jones, Pollard, Wheeler, Young and Mayor St*lieF ........................... 7. NAYS: None ...................O. REFUNDS AND REBATES-LICENSES: Council having directed the City Attorney to prepare the proper measure authorizing a refund of $10 to Salem Motors, Incor- porated, representing the amount paid for a 1964 city automobile license tag for one of its customers, Mr. Donald D. Thor, 4042 Relford Street, S. W.,Roanoke, Virginia, sbu lives in Roanoke County, he presented same; whereupon, Mr. Pollard offered the foil.wing Resolution: (=15743) A RESOLUTION directing a refund to Salem Motors, Incorporated, of $10.00 for a 1964 automobile license tag erroneously purchased. (For full text of Resolution, see Resolution Book No. 27, page 12g.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Nheeler and adopted by the foil*sing vote: AYES: Messrs. Boules, Garland, Jones. Pollard, Wheeler, Youn9 and Mayor gtoller ........................... 7. NAYS: None ...................O. BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in various municipal departments since they are of an emergency nature, he presented same; whereupon, Mr. Pollard offered the following Resolution: (=15744) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 27, page 130.) Hr. Pollord moved the adoption of the Resolution. The motion nas seconded by Hr. Garland end adopted by the f,Il,ming vote: AYES: Hessrs. Rowles. Garland. Jones. Pollard. Rheeler. Young and Hayor St,lieF ........................... NAYS: None ...................O, STATE OIGRRAYS: Council having directed the City Attorney to prepare the proper measure requesting the Virginia Department of Highways to proceed with the surveys and plans for the extension of Interstate Spur 581 from Elm Avenue, So E** to Franklin Road, R. Woe at an estimated cost of $30,000, and agreeing to hear 15~ of the cost thereof, or $4,500. he presented same; whereupon. Rro Pollard offered the following Resolution: (~15745) A RESOLUTION requesting the Department of Highways of Yirglnia to proceed with a survey and plan for the extension of Route 581 from Elm Are*ua, S. E.. to Frail[lin Road. S. (For full text of Resolution. see Resolution Rook No. 27. page Mr. Pollard moved the adoption of the Resolution. Zhe motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor St.liar ........................... ?. NAYS: None ...................O, Mr. Wheeler then offered the following emergency Ordinance appropriating $4,500: (=15746) AN ORDINANCE to amend and reordain Section =l?O, "Capital,' of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 131.) Mr. Wheeler moved 'the adoption of the Ordinance. The motion was seconded by'Mr. Pollard and adopted by the loll,win9 vote: AYe*5: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7, NAYS: None ...................O. BUDGET-PAR~S AND PLAYGROUNDS-GARBAGE REMOYAL: Council, by Resolution No. 15675, having deleted the positions of four disposal laborers and added the position of £our incinerator operators in the Sanitation Division of the Department of Public Works, and, by Resolution No. 15726, having approved the employment of four additional incinerator operators and eight additional disposal laborers for Refuse Collection and Disposal, Mr. Wheeler offered the following emergency Ordinance deleting the four disposal laborers and adding the four incinerator operators and appropriating $23,767°69 for the four additional incinerator operators and the eight additional disposal laborers under Section n97, *Refuse Collection and Disposal,* of the 1964 budget: (~15747) AN ORDINANCE to amend and reordain Section z97, "Refuse Collec- tion and Disposal,' of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 132o) 113 114 Mr. Mheeler moved the adoption of the Ordinance. The motion nas seconded by Mr. Poll~rd end adopted by the following vote: AYF~: Messrs, Bbwles, Garland, Jones, ~oilard, Mheeler, Young and Mayor Stoller ........................... 7, NAYS: None ...................O, MOTIONS AND MISCELLANEOUS BUSINESS: · ~AT£R DEPARYMENT: Mr. J. P. Bale, owner of property lonated on the w~sterly'side of Vinyard Avenue, No E., described as Lots 5, 6, ? and 6, Block 3, Idlewild Park, Official Tax Nos. 3410909, 3410910. 3410911 and 3410912, appeared before Council, advising that he has a purchaser for the lots, but he has been informed by the Mater Department that the nearest water main is at the intersection of Idlewild Boulevard and Atherly Street, No £., and that it will be necessary for him to bear a portion of the cost of extending the main to his property, Mr. Bale pointing out that a water line already exists in Vinyard Avenue ~hich was con- structed by the county prior to annexation of the area by tbe city and voicing the o~lnion he should not be required to pay any part of the cost of extending the city water main from Idlewild Boulevard and Atherly Street. On motion of Mr.'Wheeler, seconded by Mr. Pollard and unanimously adopted, the matter was referred to the City Manager for study and report to Council. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adoptedt the meeting was adjonrned. A PPR OYED City Clerk Mayor COUNCIL, REGULAR ME£TING Mondayo May 4, 1964o The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, Way 4, 1964t at 7:30 p.m** with Mayor Stoller presiding. PRESENT: Councilmen Ralph K. Homles, Robert A. Garland, James E. Jones, Vincent $. Wheeler, Mai*er L. Young and Mayor Murray A. Stoller .................. 6. ABSENT: Councilman Roy R, Pollard, Sr.- ...............................1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. James N, Kincanon, Assistant City Attorney, and Mr, A, N, Gibson, Assistant City Auditor, INVOCATIOH: The meeting was opened with a prayer by the Reverend R, ClAn Hopkins, Associate Pastor, Calvary Baptist Church, MINUYES: Copy of the minutes of the regular meeting held on Monday, April 20, 1964, having been furnished each member of Council, on motion of Mr, Wheeler, seconded by Mr. Young and unanimously adopted, the reading thereof was dispensed mlth and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids on a rubber*tire amusement train for use in the Roanoke Transportation Museum area, said proposals to be received by the City Clerk until 5:00 p,m., Monday. May 4, 1964, and to be opened at 7:30 p.m** before Council. Mayor Stoller asked if anyone had any questions about the advertisement, 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: Miracle Equipment Company, Frank Nanlty, District Manager $5,800.00 Miracle Equipment Company, Grinnell, Iowa 50650.00 National Amusement Device Company ( 7,861.22-Farmall Tractor ( 7,011.22-Lo-Uol Tractor 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 mas seconded by Mr. Wheeler and unanimously adopted. Mayor Stoller appointed Messrs. Walter Lo Young, Chairman, Arthur S. Owens and Rex T. Mitchell, Jr** as members of the committee. STATE HIGHWAYS: Pursuant to notice of advertisement for bids on street improvements in the vicinity of property of the Magic City Motor Corporation on the east side of Williamson Road, N, E,, south of Orange Avenue, said proposals to be received by the City Clerk until 5:00 p.m., Monday, May 4, 1964, and to be opened at 7:30 p.m,, before Council. Mayor $toller asked if anyone had any questions about the advertisement, and no representative present raising any question, the Mayor instructed the City Clerk to proceed mith the opening of the bids; whereupon, the City Clerk opened and read the following bids: 115 116 g g $ Construction Company $15,15~,6T J, M. Turner & Company, Incorporated 15,685.00 Mr, Jhe~ler saved taut 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, Yo~n9 and adopted, Mr. Jones Jot/ag no, Mayor Stoller appointed Messrs. Molter Lo Young, Chairman, James E, Jones and H. Cletos nroyles as members of the committee. AIRPORT: Pursuant to notice of advertisement for bids on lighting, landscaping and appurtenant work in connection with the extension of Runway 15-33 at Roanoke Municipal (Waodrum) Airport, said proposals to be received by the City Clerk until 5:00 p.m.. Monday, May 4, 1964, and to be opened at 7:30 p.m.. before Council, Mayor Stoller asked if anyone had any questions about the advertisement, and no representative present raisin9 any question, the Mayor instructed the City Clerk to ~roce~d with the opening of the bids; whereupon, the City Clerk opened Rod read the followin9 bids: Contract I - Liqhtinq Cross Electric Company, Incorporated ~ $6,546,00 New River Electrical Corporation ~ 9.449.78 Contract II - Landscapinq Sisson ~ Ryan - 17,375o00 W. S. Connelly ~ Company - 19,662.45 Mr. Wheeler 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 measures accepting the proposals of th~ lowest responsible bidders. The motion was seconded by Mr. Jones and unanimously adopted. Mayor Stoller appointed Messrs. Walter L. Young, Chairman, H, Cletos Bray]es and Marshall L. Harris as members of the committee. STREETS AND ALLEYS: Council having previously set a public hearing for 7:30 p.m.. Ray 4. 1964, on the request of the Safety Motor Transit Company that an alley between Twelfth Street and Thirteenth Street, S. E.. parallel to Campbell Avenue and Kirk Avenue, be vacated, discontinued and closed for a distance of 61.74 feet west nf Thirteenth Street on the north side and 64.O1 feet on the south side; also, on the recommendation of the City Plaguing Commission that the entire alley be closed, the matter was before the body. In this connection, the following communication from the City Planning Commission. recommending that the entire alley be closed, w~s before Council: "April 2, 1964 The Honorable Rurray A. Stoller, Mayor, and Members of City Council Roanoke. Virginia Gentlemen: During its regular meeting of April 1. 1964 tie City Planning Commission considered the above alley closin9 request. It was learned that the petitioners bad offered to provide access to the rewsining alley by dedicating two new alley access ways along the side of three rewa~ning residential properties on Kirk Avenue, thus creating o horse shoe form new alley way, After thorough study of the problews involved, the City Planning Coowission concluded that it would not be desirable to accept additional alley space into the ¢ity*s system of public ways. It was therefore recowmended that the alley between Csnpbel~ end Kirk Avenue be.closed in its entirety and no new alley space be opened. This opinion was expressed also in the recommendation of the Pablic Murks Department, as shown on the attached copies of communication, The Planning Commission recommends that the above request be granted, the City retaining any easements necessary for public utilities. Respectfully subuitted. S/ W. ~ Sensbanh for Henry n. Boynton Chairman" Council having adopted a Resolution appointing viewers in connection with the application Of the Safety Motor Transit Company, the viewers submitted a written report, advising that they have viewed the said alley, and neighboring property, and are unanimously of the opinion no inconvenience would result either to any individual OF tO the public from vacating, discontinuing and closing the portion of the alley originally requested to be closed. Mr. John L. Walter. Jr., Attorney, representing the Safety Motor Transit Company, appeared before Council in support of the request of his client. Council being of the opinion that the entire alley should be closed, Mr. Wheeler moved that the body concur in the recommendation of the City Planning Commission and that the following Ordinance he placed upon its first reading: (~15748) AN ORDINANCE permanently vacating, discontinuing and closing the entire alley between 12th Street and 13th Street. S, E., parallel to Campbell Avenue and Kirk Avenue, and running through Block 13, East Side Land Company, WHEREAS, Safety Motor Transit Company has heretofore filed its petition before the Council Of the City Of Roanoke, Virginia, in accordance with law, requestin9 the Council to permanently vacate, discontinue and close a portion of th* above-described alley for a distance of 61,74 feet west of lSth Street on the north side of said alley and a distance of 64o01 feet on the south side, of the filing of which petition due notice was given to the public as required by law; and WHEREAS, in accordance with the prayers of said petition, viewers were appointed by the Council on the 9th day of March, 1964, 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 saidalley; and WHEREAS, it appears from the written report Of the viewers filed with the City Clerk on April 28, 1964. that no inconvenience would result to any individual or to the public from permanently vacating, discontinuing and closing said portion of said alley; and t17 118 WHEREAS. Council at its meeting on March 9, 1964, referred the petition to the City Planning Coemission, mhich Commission la Its report before Council on April 2, 1964, recommended that the entire alley running through Block 13, East Bide Land Company, be closed rather than n portion thereof; and hHEREAS, a public hearing mas held on the question before the Council at its meeting on the 4th day of May, 1964, at 7:30 p,m,, after due and timely notice thereof published in "The Roanoke Morld-News+' at which hearing ail parties In interest and citizens were afforded an opportunity to be heard on the question; and hHEREAS, from all of the foregoing, the Council considers that no Incon- venience will r~sult to any individual or to the public from permanently vacating+ discontinuing and closing the entire alley running through Block 13, East Bide Land Company+ as recommended by the Planning Commission+ and that, accordingly, said alley should be permanently closed. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that the entire alley between 12th Street and 13th Street, S. E., parallel to Campbell Avenue and Kirk Avenue, running through Block 13, East Side Land Company+ be. and it hereby is, 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 it hereby is, released insofar as the Council of the City of Roanoke is empowered so to do. BE IT FURTHER ORDAINED that the City Engineer be. and he hereby is, directed to mark ~permanently vacated~ on the alley running through Block 13, East Side Land Company, on all maps and plats on file in his office on which the said alley is 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 FURIHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a certified copy of this O:dinance 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 the said alley, as provided by law, and that if so requested by any party in interest, he may record the same in the deed book in his office indexing the same in the name of the City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Rheeler. Young and Mayor Stoller ................................. 6. NAYB: None .................. O. (Mr. Pollard absent) ZONING: Council having previously set a public hearing for 7:30 pom.+ May 4, 1964, on the request of the Safety Motor Transit Company, et al., that property located on the north side of Kirk Avenue, S. E., between Twelfth Street and Thir- teenth Street, described as Lots 6-12, inclusive, Block 13, East Side Land Company, Official Tax Nos. 4110708-4110712+ inclusive, be rezoned from General Residence District to Light Industrial District, the matter was before the body. In this connection, the following communication from the City Planning Comwissiont recomwendiu9 that the request be granted, was before Council: "Hatch 19. 1964 The Honorable Hurray A, Stoller, RayoF, and Renbers of City Council Roanoke, Virginia Gentlemen: The City Planning Commission la its Harch Iff. 1964 meeting con- sidered the above rezoning request. A representative of the firm stated that Safety Rotor Transit Company is planning to expand its operation and construct a building on land they had acquired. After studying pertinent maps In regard to existing land use and future zoning, the Planning Commission concluded that the proposed change to light Industrial use would be consistent with the Clty*s Development Plan and would not be detrimental to nearby residential properties, The Planning Commission therefore recommends to City Council that the above rezoning request be granted and property be rezoned from General Residence to Light Industrial District. Respectfully submitted, S/ Rerner Sensbach h for Henry H, Boyntou Chairman" Mr. John L. Walker, Jr,. Attorney, representing the Safety Rotor Transit Company, appeared before Council in support of the request of the petitioners. No one appearing in opposition to the request for 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: (~15749) AN ORDINA~C£ 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 the following lots situate in the 1200 bloch of Kith Avenue, S, E., to-wit: Lots 8-12, inclusive, Block 13, East Side Land Company, Official Tax Nos. 4110700= 4110712, respectively, rezoned from General Residence District to Light Industrial District; and WHEREAS, the City Planning Commission has recommended that the hereinaftel described land be rezoned from General Residence District to Light Industrial District; and WHEREAS, notice required by Title X¥. Chapter 4, Section 43, of The Code of the City of Roanohe, 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 WHEHRAS. the hearing as provided for in said notice was held on the 4th day of Ray, 1964, at ?:30 p.m** before the Corm:il 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 WHEH£AS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. 119 120. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Title X¥, Chapter 4, Section 1, of The Code of the City or Roanoke. 1956, relating to Zoning, he amended and reenacted in the f,Il,ming particular and no other, viz,: Property located on Kirk Avenue, S. E.. described as Lots 0-12, inclusive, Block IS. East Side Land Company. designated on Sheet 411 of the Zoning Map as Official Tax Nos. 4110708-4110712, respectively, 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 Hr. Young and adopted by the following vote: AYES: aessrs, Bowles. Garland, Jones, Nheeler. Young and Hayor St,lieF ................................6. NAYS: None ...................O. (RF. Pollard absent} ZONING: Cauncil having previously set a public hearing for 7:30 p,m,, May 4. 1964. on the request of Mr. Leonard ~. ~eaver. Sro. et ux.. that property located on the west side of Patrick Henry Avenue. N. E.. and the east side of Byrd Avenue. N, E., south of Kanter Road, described as Lots 1-8, inclusive, and Lots 16-29, inclusive, Block O. Laurel Terrace, Official Tax Nos. 3120801-3120804, inclusive, and 31ROBOg-3120BI4. inclusive, be rezoned from General Residence Distric to Light Industrial District, the matter was before the body. In this connection, the following communication from tho City Plannin9 Commission recommending that the request be granted, was before Council: "April 2. 1964 S/ N, E. Sensbach (mlSTSO) AN ORDINANCE to amend and reenact Title XYs Chapter 4, Section 1, of The Code of'the City of Roanoke, 1936, in relation to Zoning. WHEREAS. application has been made to the Council of the City of Roanoke to have that property located on the mess side of Patrick Henry A~enne, N. Es, and the east side of Byrd Avenue, N. E., south of Nan*er Road, described as Lots 1-8. inclusive, and Lots 16-29, inclusive, Block B, Laurel Terrace, Official Tax Nos, 3120301-3120304, inclosive, and 3120509-3120814, inclusive, rezoned from General Residence District to Light Industrial District; and WHEREAS. the City Planning Commission bas recommended that the hereinafter described land be rezoned from General Residence District to Light Industrial District; and WBEREAS. 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 'Ihe Roanoke World-~ewst* a newspaper published in the City of Roanoke, for the time required by said section; and WIIEREAS, the bearing as provided for in said notice was held on the 4th d~y of Bay. 1964. at 7:30 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; and ~IIEREAS, this Eouocil, after considering the evidence presented, is of the o~lnion that the hereinafter described land should be rezoced, IHEREFORE, RE IT ORDAINED by the Council of the City of Roanoke that Title X¥. Chapter d, Section l, Of Ibc 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 Patrick Henry Avenue, N. E.. and the east side of Byrd Avenue, N, E.. South of Kanter Road, described as Lots inclusive, and Lots 10-29, inclusive, Block 8, Laurel Terrace, designated on Sheet 312 of the Zoning Map as Official lax Nos. 3120801-3120004, inclusive, and 3120809- 3120814, inclusive, be, and is hereby, changed from General Residence District to Light Industrial District and the Zoning Map shall be changed in this respect, Ihe motion Nas seconded by Mr. Garland and adopted by the following vote: AYES: Messrso Bowles, Garland, Jones, ~heeler, Young and Mayor Stoller ................................. 6. NAYS: None ...................O. (Br. Pollard absent) ZONING: Council having previously set a public hearing for 7:30 p.m., May 4t 1964, on the request of Yorktown Limited Partnership that property located on the southeasterly side Of Edgewood 5trees (Extended). south of Brandon Avenue, S. W** being a portion of Official Tax No. 16~0101. and shown as Parcel 3 on the plat of G. D. Malcolm and Son, dated September 11, 1963, be rezooed from Special Residence Distri}t to Business District, the matter was before the body, In this connection, the folloming co~munlcation from the City Planning Commission, recommending that the request be granted, was before Council: :~22 #April 3, 1964 The ~ooerable ~urrny A, Stoller, ~uyor, amd Members of City Council Roanoke° ¥1rglnia Be0tlemen: The above renaming request mas considered by the City Planning Commission during its regular meeting of April 1, 1964. This matter hud been considered in · previous meeting at mhich time the request for renaming of tmo parcels of laud located on both sides of the proposed extension of Edgemood mas discussed. The Planning Commission had expressed serious doubts as to the advisability of renaming of the triangular piece of land mest of £dgemood Street for business purposes. Rr. English Shomalter, attorney for the petitioners, stated that he mas uithdraming bls request for Lot No. I and apply only for an area of 0.34 acres located east of the proposed Edgemood extension. It mas also learned that it Is contemplated to construct a small branch bank office on this site. The Planning Commission found that the proposed branch bank building mould constitute the eastern terminal point of business development along Lee HJgbmay, and that because of 1ts nature, it mould not be detrimental to adjacent residential properties. The City Planning Commission therefore recommends to City Council that the above rezonin9 request be 9ranted. Respectfully submitted, $/ W. R. Sensbach for Henry B. Boynton Chairman" Mr. English Showalter, Attorney, representing Yorktown Limited Partnership and The Colonial-American National Bank of Roanoke, appeared before Council in snppor of the request of his clients. A delegation of approximately 40 property owners in the affected area appeared before Council in opposition to the request for Fezonin9 on the 9rounds that it will open the door to further requests for rezoning of properties on Brandon Avenue for business purposes. Among those speaking were Mr. A. E. Kessler. Mr. John H. Whittington, fl. R. Stamper. RF. H. C. Mohley, Mrs. J. R. Stamper, Mrs. H. C. Mobley and Mr. J. F. GaFIom, the spokesmen protesting that Council cannot specify the type of business to be erected on the property once it ts rezoned for business purposes, a bank is needed in this section, it mould constitute spot zoning, it would create a traffic hazard and to crowd and building on such a small area of land would be detrimental to the view from hones looking down on the area. In reply to a question of mr. Young, Mr. ShowalteF s.tated that if Council rezo'nes the property in question from Special Residence DIstrict to Business District and plans for erecting a branch bank thereon £at] to materialize the owner of said property mill make application to rezone the parcel of land back to Special Residence District. Council being of the opinion that the branch hank would act as a buffer between existing businesses and residential properties on BFandon Avenue, RayO£ Stoller relinquished the Chair and moved that the follo~ing Ordinance be placed upon its first reading: (=15751) AN ORDINAHCE to amend and reenact Title X¥, Chapter 4, Section I, of The Code of the City of Roanoke, 1956, in relation to Zoning, WHEREAS, application has been made to the Council of the City of Roanoke to hare rezoned from Special Residence District to Business District, property located on the south side of Brandon Avenue on both sides of Bdgewood Street (Extended) $, Wa, Roanoke, ¥irginia, being shown as Parcels I and 3 on the Plat of Co B, Malcolm & Son, dated Sept bur 11, 1963, recorded in Deed Book 1144, page 505, o~ the Cle£k*s Office of '~*. Bustings Court of the City Of Roanoke, Virginia, a copy o~ which Plat mas attached tn the application, and which parcels are portions of the property designated on Sheet 162 of the Zoning Rap as Official Tax No. 1620101; and WHEREAS, the request to rezone Parcel I as shown on said Plat has been withdrawn; and the City Planning Commission has recommended that Parcel 3 as shown on said Plat, located at the intersection Of the southeasterly side of Edgewood Street (Extended) with the southerly side of Brandon Avenue, S. W** Roanoke. Virgins said parcel belonging to Yorktown Limited Partnership and being a portion of Officio Tax No. 1620101, be rezoned from Special Residence District to Business District; and NHEREAS, 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 WThe Roano~ World-News', a newspsl~erpvblished in the City of Roanoke, for t~ time ~qnired by said ~ction; WHEREAS. the hearing as provided for in said notice ~as held on the 4th day of May, !g64, at 7:30 pom** before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportnnity 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 XT 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 containing 0.327 acre designated as Parcel 3 on the aforesaid Plat of Go B. Malcolm & Son, State Cert. Engrs** dated September 11, 1963, a copy of which is recorded in Deed Book 1144, page 505, of said Clerk*s Office, located the intersection Of the southeasterly side of Edgewood Street (Extended) with the southerly side of Brandon Avenue, S. W., Roanoke, Virginia, said parcel belonging Yorktown Limited Partnership and being a portion of the property designated on Sheet 162 of the Zoning Map as Official Tax No. 1620101, be, and is hereby, changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. Yhe motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Bowles, Jones, Stoller, Wheeler, Young and Vice Mayor Garland ............................... 6. NAYS: None ................. O, (Mr. Pollard absent) 123 124 ZONINC: Council having previously set e public hearing for 7:30 May 4, 1964, on the request of Mrs, Hugh H. Hoomaw and the Pet Milk Company that property located on the southuest corner of Rorer Avenue and Eleventh Street, So described as the northerly part of Lot 9, Block 2g, F. Rorer Map, Official Tax No. 1212g17, be rezoned from Special Residence District to Business District, the matter was before the body. In this connection, the City Clerk called attention to a previous munlcatlon from the City Planning Commission, advising that in s~udying the request the Planning Commission noted that two adjacent lots were recently reaoned for bdslness purposes to permit future expansion of the Pet MilR Company; thereforet rezonlag of the property is consistent with the proposed development, the Commission recommending that the request for rezonlng be granted. Mr. Evans H. Jessee, Attorney, representing the petitioners, appeared before Council in support of the request of his clients. No one appearing in opposition to the request for 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: (~15752) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section , of The Code of the City of Roanoke, 1956, in relation to Zoning, WHEREAS, application has been made to the Council of the City of Roanoke to have property located on the southwest corner of Rorer Avenue and Eleventh Street 5. N., being the northerly part Of Lot 9, Block 2g, P. Rorer Map, and bearing Official Tax No. 1212917, rezoned from Special Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from Special Residence District to Business District; and WHEREAS, notice required by Title XV, Chapter 4, Section 43, of The Code of the City of Roanoke, 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 4th da} of Ray, 19fi4, 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 HHEREA5. this Council, after considerin9 the evidence presented, is of the opinion that the hereinafter described land should be rezoned. ~H£REFORE, BE IT ORDAINED by the Council of the City of Roanoke that Tit~ 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 on the southwest corner of Rorer Avenue and Eleventh Street, So W., being the northerly party of Lot g, Block 29, F. Rorer Map, designated 125 on Sheet 121 of the Zoning Map as Official Tax No. 1212917. be. and is hereby, changed from Special Residence District to Dusiness District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Donleso Garland. Jones. ~heeler. Young and Mayor $1nller ................................. NAYS: None ...................O. (Mr, Pollard absent) ZONINg: Council having previously set a public hearing for 7:30 p.n.. M3y 4. 1964. on the request of Mr. Peter No Apostolou that the block bounded by Eighth Street, Levelton Avenue, Liberty Road and Hunt Avenue (Extended). ~. be fez, ned from General Residence District to Special Residence District. with the exception of Official Tax Nos. 2060902, R060909, 2060910 and 2060912, the mutter was before the body. In this connection, the following communication from the City Planning Commission recommending that the request be granted, was before Council: NMarch 19, 1964 The Honorable Murray A. Si.lief, Mayor, and Members of City Council Roan,he. Virginia Gentlemen: In its March Iff, 1964 meeting the City Planning Commission con- sidered the above Fez.ming request. Mr. John Haislip informed the Commission that the proposed development is for apartment house construction. After studying pertinent maps on existing and, proposed land use, the Planning Commission concluded that the proposed multi-family residential development of said property is consistent with the land development proposal outlined in the Gainsboro Neighborhood study (lssned November 1962), and would not be detrimental to land use of adjacent properties. The Planning Commission therefore recommends to City Council that the above Fez.ming request be granted. Respectfully submitted, S/ Namer Sensbach h for Henry B. Boynton Chairman" No one appearing either for or against the request for rezoning, Mr, Garland moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~15753) 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 Citl of Roanoke to hare Lots 3, 4-A and 4-H, Block 4, according to the Map of Grandview Addition, being Official Tax Nos, 2060904, 2060905 and 2060906; Lot 1, Block 4, according tothe Map of Grandview Addition, Official Tax No. 20b0901; six (6) acres of land, more or less, situated on the southerly side of Levelton Avenue, Official Tax No. 2060911; Lots 1 and 2, according to the R. A. Mays Map, Official Tax Nos. 206090? an* 126 2060908, less that portl'oa.condem*aed by the State Rlgbmay Department, .69 acre, rezoaed from General Bealdence District to Special Residence District; and RHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from General Residence District to Special Residence District; and ~BEREAS, notice required by Title XV, Chapter 4, Section 43, of The Code o~ the City of Roanoke, 1956, relating to ZonlnR, bas been published In 'The Roanoke [or'ld-Nems,w a nemspaper published in the City of Roanoke, for the time required by said section; and HBEREAS, the hearing as provided for in said notice mas hel~ on the 4th day cf Bay, 1964, at ?:20 p,m,, before the Council of the City of Roanoke, at which hearing all parties Jn interest and citizens were given an opportunity to be heard both for and against the proposed rezonlng; and [HEREAS, this Council, after considering the evidence presented, Is of the opinion that the hereinafter described land should be Fezoned: Lots 3, 4-A and 4-B, Block 4, according to the Bop of Grandvlew Addition, being No, 2060904, No. 2060905 and No. 2060g06 on the Official Tax Rap of Roanoke. Lot l, Block 4, according to the Rap of Grandviem Addition, No. 2060901 on the Official Tax Hap of Roanoke. Slx (6) acres of land, note or less, sltaated on the southerly side of Levelton Avenue, No. 2060911 on the Official Tax Map of Roanoke. Lots i and 2, according to the RD A. Mays Bop, No, 2060907 and No. 2060908 on the Offtcial Tax Bap of Roanoke. (Less that portion condemned by the State Highway Department, °69 acre) THEREFORE, BE 1T ORDAINE0 by the Council of the City of Roanoke that Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke, 19S6, relatfng to Zoning, be amended and reenacted in the following particular and no other, viz,: Property located and being the block bounded by Eighth Street, Levelten Avenue, Liberty Road and ~unt Avenae (extended). ~. ~., described as Lots 8, 4-A and 4-B. Block 4, according tn the Map of Grandvlew Addition; Lot 1, Block 4, according to the Bop of Grandvlew Addition; Slx (6) acres of land, more or less, situated on the southerly side of Levelton Avenue; Lots 1 and 2, according to the R. A, Bays Bop; and less that portion condemned by the State Highway Department °69 acre, designated on Sheet 206 of the Zoning Map as Official Tax Nos. 2060904, 2060905, 2060906, 2060901, 2060911, 2060907 and 2060908, be, and ts hereby, changed from General Residence Distrtct to Special Residence Dtstric~ and the Zoning Map shall be changed in this resp~cto The notion was seconded.by Hr. Young and.adopted by the following vote: AYES: Bessrs. Dowles, Garland, Jones, Nheeler, Young and HayoF Stoller ................................. 6. ~A¥S: None .................. O. (Mr. Eollard absent} ZONING: A communication from Bt, J. Albert Elicit, Attorney, Fepeesentlng Mr. Reld Jones, Jr** et ux., reqnesttng that property located on th~ northeast corne of Church Avenue end Eleventh Street, S. E,, described us Lots I and 2, flloek 6, East Side Land Company. Official Tax Nos, 4111409 and 4111410, be rezoned from General,Residence District to Light Industrial District, mas before Council, On motion of Hr. Uheeler, seconded by Hr, Jones and unanimously adopted, the request was referred to the Clty Planning Commission for study° report and recommendation to Council. ZONING: A communication from Mr. T. L, Plunkett, Jr,, Attorney, repreo seating Mr. Dyrom L. Eadford, requesting that property located on the east aide of Princeton Circle, N. E.o north of Birchwood Street, described as Lot 23, Block 4, Huntington Court, Official Tax No. 3170230. be rezoned from General Residence Dlstrlct to Special Residence District, was before Council, On motion of #r, Mheeler, seconded by Rt. Jones and unanimously adopted,, the request wes referred to the City Planning Commission for study, report and recommendation to Council. ZONINO: A communication from #r, Charles O. Fox, III, Attorney repre- senting Mr. fl, Nebh Maddox, requestin9 that property located on the north side of Thurston Avenue. N, Eo, between Milliamson Read and Courtland Road, described as Lots 35 and 36, Block C. Milliamson Groves, Official Tax No. 3080922, be rezoned from General Residence District to Business District, was before Council. On motion of Mr. ~heeler, seconded by Mr, Jones and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. REPORTS OF OFFICERS: BUDGET-CITY GARAGE: The City Manager submitted a written report, recom- mending that }25 be transferred from Printing and Office Supplies to Dues, Memberships and Subscriptions under Section ~gg, ~Garage** of the 1964 budget, to provide for the purchase of Maintenance and Shop Manuals for the City Garage. Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15754) AN ORDINANCE to amend and reordain Section ~gg, #Garage,*of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 132.) Mr. Jones moved the adoption of the Brdinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland; Jones, Wheeler, Youn9 and Mayor Stoller ................................ NAYS: None---~ ............. 0o (Mr. Pollard absent) BUDOET-POLICE DEPARTMENT: The City Manager submitted a written report. recommending that $15 be appropriated to Dues, Memberships and Subscriptions under Section ~60. "Police,~ of the 1964 budget, to cover an increase in the price of a city directory for the Police Department. t27 128 Mr. Mheeler moved that Council concur in the recommendation of the City Monager and offered the roll*ming emergency Ordinance: (n15755) AN ORDINANCE to amend and reordain Section ~60, mPoliceo' of the 1964 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 2?, page 133,) Mr. Wheeler moved the adoption of the Ordinance, The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Mestrs, Bowles, Garland, Jones, Nh,,leto Young and Mayor Stoller ................................. 6. NAYS: None ...................O. (Mr. Pollard absent) BUDGET-PARKS AND PLAYGROUNDS-WATER DEPARTRENT: The City Manager tubmitted a written report, recommendln9 that $1,400 be appropriated to Capital Outlay from Revenue under Non=Operating Expense of the 1964 Rater Uepartnent budget, to cover the cost of materials required to install a water line to serve the R, H. Smith Park on liley Drive, S. Mr. mAe,let moved that Co~ncil concur in the recommendation of the City M~nager and offered the foil*win9 emergency Ordinance: ~(~lS?$6) AN OROINA~CE to amend and r,ordain "Non-Operating Expense" the 1964 Mater Fund Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book ~o. 27, page 133.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the £oliowing vote: AYES: Messrs. Bowles, Garland, Jones, Mheeler, Young and Mayor Stoller ................................. 6. NAYS: None ...................O. (Mr. Pollard absent) BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, advisin9 that Mr. Sam Golden has donated $1,000 for the purchase of playgrouud equipment for the new Golden Park, and recommended that this amount be appropriated to Other Equipment - New under Section ~111, "Recreation, Parks and Recreational Areas," of the 1964 budget. M~. Garland moved that Council concur in the recommendation of the Clty Manager and offered the following emergency Ordinance: (=15757) AN ORDINANCE to amend and reordain 5ectJofl =111. "M,creation. Parks and Recreational Areas," of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 134.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the folluwtng vote: AYES: Messrs. Bowles, Garland. Jones, Wheeler, Young and Mayor Stoller ................................. 6. NAYS: None ...................O. (Mr. Pollard absent) AIRPORT: The City Manager submitted the following report, recommending that he be authorized to acquire 15,98 acres cf land south or Rershberger Road, W. W** owned by the P. C. fluff Estate, for the development, protection and expansion of Roanoke Municipal (Roodrum) Airport: 'Roanoke. Virginia May 4, 1964 To the City Council Roanoke, Virginia Gentlemen: In the development of the Roanoke #unieipal (Mo,drum) Airport. yon authorized by Resolution Wu, 14740 adopted on the 12th day of March, 1962, a directive for the City Manager to acquire necessary additional real estate for the protection and future expansion of the airport. This resolution was not wholly acceptable to the FAA and you rescinded the resolution on the 23d day of April, 1962, by the adoption of Resolution No. 14TT2, In the resolving section R-b, the City Manager was author- ized to make necessary requests for funds to purchase 20 acres for an approach light lane 400 feet wide nnd 3200 feet long beginning at the south end of the new runway extension, Federal Grants hare been made in Projects 13 and Id for the development, protection and expansion of the airport; therefore, Jt is urgent that the lS, gB acres of land south of Rershberger Road o~ned by the Peter C. Huff Estate be acquired for the improvement of the airport as outlined on the City Engineer*$ Plan No. d691-A on file. ! recommend that you authorize and direct the City Manager to acquire the 15.9R acres from the estate by negotiations if possible at a price established by competent appraisers and in lieu of failin9 to reach an agreement that the City Attorney be directed to proceed with the necessary condemnation. Respectfully submitted, S/ Arthur S. Owens City Manager" Mr. Wheeler moved that Council concur in the recommenda%ion of the City Manager and offered the following emergency Ordinance: (~15758) AN ORDINANCE providing for the acquisition of certain real estate from the Peter C, Huff Estate, or the legal owner thereof, needed by the City for the development, protection and expansion of Roanoke Municipal (Wu,drum) Airport; and providing for an emergency. (For full text of Ordinance, see Brdinance Book No, 27, page 134,) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr, Xonng and adopted by the following vote: AYES: Messrs. Bowles. Garland, Jones, Wheeler. Young and Mayor Stnller ................................. 6, HAYS: None ..................~0. (Mr, Pollard absent) AUDITORIUM-COLISEUM: Council having directed the City Manager to ascertain whether or not the City of Roanoke Redevelopment and Housing Authority would renew for a period of one year beginning May 1, 1964, the option the City of ROanoke has on the purchase of the traingular area of land situate in the Common- wealth Redevelopment Project, bounded on the north by Orange Avenue, on the east hy .i.29 130 Mllilamsnn Rood and on the west by the future Interstate Spur 501, containing 22 1/2 acrest at n purchase price of $500.000, the City Manager submitted a written report, advising that the Redevelopment and Housing Authority has authorized,an extension of the option to August 1, 1964, On motion of Rr. Jones, seconded by Mr, Garland *nd unanimously adopted, the City Attorney wa~ directed to prepare the proper measure accepting the extension of the option, STATE HIGHWAYS: Council having previously expressed to the United States Bureau of Public Roads and the Virginia Department of Bighmays its willingness to construct, at its sole expense, an B-foot wide road from the east side of Rilliamson Road In an easterly direction to the west side of Fourth Street, N. M., in con- sideration of the Bureau of Public Roads and the Highway Department constructing an underpass as a part of Interstate Spur 581 in the vicinity of ~ells Avenue, N. E. the City Manager submitted a written report, advising that he has been informed by the Highway Department that the Bureau of Public Roads will not approve a structure with an 80-foot clear opening between abutments, but is agreeable to and will approve a structure with an opening between abutments of 50 feet, the City Manager recommending that Council accept the 50-foot opening between abutments. Mtn 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 BUDGET-PAY PLAN: The City Manager submitted the following report, "Roanoke, Virginia Ray 4, 1964 To the City Council Roanoke, Virginia Listed below is the personnel seeded for the efficient operation of the City Government: RELFARE DEPARTMENT - I am in receipt of a letter from Miss Bernice F, Jones, Director of Welfare, calling to my attention the urgency of providing a practical nurse at the City Home to fill a vacancy that became effective April 24, 1964. CLERK OF COURTS - Due to resignation of one deputy clerk to become Clerk of the Municipal Court and one deputy clerk due to ill health, the Clerk of Courts is in need of two deputy clerks. One in Group 8, Step I and one in Group lb, Step 1. HEALTH DEPARTMENT ~ Due to resignation of a Public Health Nurse, it is requested that you authorize the employment of a Public Health Nurse in Group 12, Step 1, $2T2,50 per month, SEWAGE TREATMENT PLANT - This department is in need of an Assistant Operator, Group 14, Step 1. ENGINEERING DEPARTMENT - I am in receipt of a memo from Mr. E. James Sayer, City Engineer, requesting that a Chainman be employed retroactive to April 2, 1964, is concurred in by me. Respectfully submitted, S/ Arthur S, Owens City Manager' Mr. Wheeler moved that Council concur In the recommendations of the City Manager and that the mutter be referred to the City Attorney for preparation of the proper measure, The motion was seconded by Mr, Jones and unanimously adopted, POLICE DEPARTRENToFIRE DEPARTMENT: The City Manager submitted a written report, advising that there were no personnel changes in the Police Department or the Fire Department for the month of April, 19640 On motion of Mr. Garland, seconded by Mr. Nh**lev and unanimously adopted, the report was filed. MATER DEPARTMENT: Council having referred to the City Manager for study and report the request of Mr. Jo P. Hale. owner of property located on the westerly side of Vinyard Avenue. N. E., described as Lots 5, 6, ? and 8. Block 3. Idlewlid Par~, Official Tax Nos. 3410g09, 3410g10. 3410gll and 3410912, that he not be required to pay any portion of the cost of extending a 6-inch water main from Idlewild Boulevard and Atherly Street, N. £o, to serve his property, in that a 2-ia( water main already exists In Yinyard Avenue which was constructed by the county prior to annexation of the area by the city, the City Manager submitted a written report, advising that to grant the request would be contrary to both practices and laws Of the City of Roanoke and that it will cost Mr. Hale approximately $1.400 for a minimum size water service line with the city bearin9 the cost above that of the 2-inch size, Mr. Garland moved that Council concur in the report of the City Manager and that the request of Mr. Hale be denied. The motion was seanded by Mr. Jones and unanimously adopted. REFUNDS AND REBATES-TAXES: The City Attorney submitted a written report, advising that the Supreme Court of Appeals of Virginia has affirmed, on appeal of the taxpayer, the decision of the Judge of the Court of Law and Chancery of the City of Roanoke dismissing the petition of the American Viscose Corporation for reduction and refund of the amount of a very substantial amount of real estate taxes assessed on its property for the years 1959 through 1962; therefore, in view of the disposition made of the case by the two courts, no provision need be made for refund of any portion of the taxes. On motion of Mr. Nheeler, seconded by Mr. Garland and unanimously adopted. thereport of the City Attorney was filed. MUNICIPAL GOVERNMENT: The City Planning Commission submitted the foil*win report with regard to space needs of municipal government: *April SO, 1964 The Honorable Murray A. St*liar, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: ! am pleased to submit to you a draft of a report dealing with space needs ,of municipal government. This study was conducted as part of the Community Facilities plans prepared under CouncilOs directives. The final report will be issued shortly together with a study od the feasibility Of a new municipal city service center. i31 132 Generally, the findings of this report Indicate that there is u need of 35.96? square feet for centrally located office space end an additional 35,217 square feet of office space for departments which could occupy non-central locations. These figures mere arrived ut by means of inventory and questionnaires to all City departments as well as estimates based on projections prepared by the Planning Department, Projections for future space needs can be derived from information presented in Table 5 of this report. It Is hoped that the present report mill prove helpful in City Council*s deliberation in regard to provisions of additional space for the efficient operation of City government, Sincerely yours, S/ Henry H, Boyntoa h Henry B. HoyntOn Chairman' On motion of Mr. Young, seconded by Mr. Jones and unanimously adopted, the report mas filed for future consideration. REPORTS OF COMMITTEES: RECREATION DEPARTMENT: The committee appointed to tabulate bids received for the construction of tmo path shelters, one at Fallen Pork and one at Melrose Park, submitted the following report: 'Doanoke, Virginia May 4, 1964 TO the City Council Roanohe, Virginia Gentlemen: At our regular meeting of Monday, April 27, 1964, you referred to the below committee for tabulation and report the bids submitted for the construction of two park shelters, one at Fallen Park and one at Melrose Park. The following bids mere received: Per ~Jdders Shelter Hodges Lumber Corporation $ 9,983.00 Regional Construction Services, Incorporated 11,998.00 Southwest Building Corporation 14,850.00 The committee has checked the bids carefully and recommends that you amard the bid to the Hodges Lumber Corporation with a proviso that the construction of the chimney at a cost of $1648 be deleted from the contract, This would leave the bid $8335 for each shelter, or $335 more than is appropriated; therefore, it would necessitate additional funds of $670 to award the construc- tion of the two shelters uith the deletion of the fire place as proposed by the committee. There would be an additional appro- priation in the amount of $400 to provide utilities for the Fallen Park shelter, which is necessitated by Gouncil*s Park Committee*s location of this shelter; remote from existing utility lines. We recommend that the appropriate award be made to the lou bidder and an appropriation of $1,070 be made in order to complete the construction as proposed, Respectfully submitted. S/ Roy R. Pollard, Sr. Roy R. Pollard, Sr. S/ Arthur S. Owens Arthur S. Owens $/ Rex T. Mitchell, Jr. Rex T. Mitchell, Jr.' 133 #r, Junes moved that Council concur in the recommendations of the committee and offered the folloulng emergenc~ Ordinance accepting the bid of Hodgen Lumber Corporation: (~1575g) AN ORDINANCE accepting the proposal of Bodges Lumber Corpor~tion for the construction of tuo park shelters; authorizing the proper City officials to execute the requisite contraot; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance 0ook No. 27, page 136,} Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Hr, Garland and adopted by the following vote: Stoller ................................. NAYS: None ...................O. (Mr. Pollard absent) $1,070: (For full text of Ordinance. see Ordinance Book Noo 27. page (For full text of Resolutinn, see Resolution Book No. RT. page 13T.} 134 transmitting · report of the City Auditor on an audit of the School Capital Improvement Account for the period from January 1, 1955, through December 31, 1963, On motion of Mr, Garland, seconded by Hr, Young'and unanimously adopted, the report nas filed, The Audit Committee then submitted a written report, transmitting a final report of the City Auditor on the audit of the public school system containing the foil*ming recommendations: 1, That'all'funds from mba*ever so~rce except those classified by the School Board as Internal accounts be paid into the City Treasury and handled through the School Boardes General 2. That the Policies of the Roanoke City. School Board approved April 16, 1962, be restudied and clarified uith particular reference to accounting and related matters. For example, Paragraph 4 under Purchasing, Page 18 reads *All furniture and equipment purchases from Capital Funds amounting to $1,000,00 or more shall be submitted to the School Board** This has been interpreted by school officials to mean purchases from bond funds only, That all receipts coming into the Business Office be deposited intact daily with the City Treasurer, 4. That all receipts in the various schools be deposited intact daily in the Schools* Bank Account and all funds collected for general school accounts be remitted by Check to the business office. That all deposits be transmitted to banks via armored motor service presently being used. 5. That prenambered receipts in duplicate be prepared for use of the schools in connection with their internal accounts and this form to, be used ~or all.funds received in principals* offices and that a columnar sheet be prepared for use by teachers whereon students* names and amounts paid by function may be listed for transmittal to principals* offices. That all monies collected outside of classrooms in the several schools for assemblies, etc, he accounted for by two or more persons and ~xmitted ~o the principals* office. ?. That consideration he given to eliminating petty cash funds tn the various schools and items now paid from such funds be handled through the internal accounts, That ali purchases for the General School Account be made only on the basis of requisitions from using agencies, approved by the superintendent and certified as to appro- priation by the clerk. Purchase orders to be on preoumbered forms and issued by the designated school purchasing agent. That the purchase order forms have a receiving copy to be O~ficn prior to payment. procedures provided for in the *State Board of Education Manual of System of Accounting for School Activity Ponds** 10. That disbursements be made from the General Account only when approved by the School Board as provided by Section 56 of the City Charter and that all accounts, claims, or demands presented to. the Board for approval shall bear a certification of the Clerk that they were properly contracted for and handled in accordance with existing law and School Board policy. Il. That disbursements fr~m the School Internal Accounts bl made only on checks signed by the Principal Or his Assistant, and when the procedures of the school activity manual and School Board policies have been complied with. 12. That the inventory presently being made be completed for the entire school system at the earliest practicable date and proper controls established in thc Board*s Business Office. 13, That each school Principal prepare and submit to the Superintendent a financial report of his activity fund semi-annoally os June 30 and December 3It uith a list of nil unpaid bills and an inventory of merchandise and student body property not carried on regular school Inventories, n copy of sach report to be filed ulth the City Auditor, 14, That the acconnting records for the elementary school internal accounts be standardized and consist of a receipts ledger and a disbursement ledger wherein receipts and disbursements may be listed in chronological order by function, 15, That capital fucds derived from bond issues and other sources be included in the annual budget and appropriated by the City Council as are other public ~unds, Rayor Stoller relinquished the C~oir and offeced~the following Resolution approving the final report of the City Auditor and requesting the School Board to cooperate fully uith the recommendations contained therein: (u15762) A RESOLUTION approving the City Auditor*s final report of the nadir of the public school system; nad req"estln9 the School Board to co-operate fully with the City Auditor*s recommendations as contained therein, (For full text of Resolution, see Resolution Book No. 27, pnge 13o.) Garland ............................... dissenting. 136 Driveo N. W., between Rntgers Avenue end Grnndview Avenue, described as Lots 3 nnd 4. Bloch 19. Section 3, Dorchester Court, Official Tax Rom. 2270703 nnd 2270704, to a committee for stadyt report and recommendation, the coamSttee submitted the following report: 'Ronnoke, ¥1rginla Hay 4, 1964 To the City Council Roanoke, Virginia Gentlemen: You referred to the below committee n request from Br. Kermit E. Bale, Vice President. Home Building end Savings Association, to sell to the City of Roanoke two lots for the sum of $1500. The committee has visited the area, perused the record and finds the following: The Planning Commission permitted the development of this area on the condition that these two lots were restricted for drainage purposes. The Corporation knew this when they developed the area, and the committee does not feel that the City should purchase the lots that were restricted for a specific purpose. We do not recommend the purchase of the property. Respectfully submitted, S/ Arthur S. OKens Arthur $. Owens S/ Ran G. Whittle Randolph G. Whittle S/ J. Robert Thomas J. Robert Thomas S/ Roy Ro Pollard, Sr. Boy R. Pollard, Sr." Mr. Voung moved that Council concur in the report of tho committee and that the offer of Home Building and Savings Association, Inoorporated, be rejected. Tho motion was seconded by Br. Jones and unanimously adopted. SALE DF PBOPERTV: The Real Estate Committee composed of Ressrs. Arthur 5. O~ens, Chairman, Randolph G, Whittle, Jo Robert Thomas and Roy R. Pollard, Sr., submitted a written report, transmitting an offer of Mr. Russell H. Smith to purchase a 1.3-acre tract of land located south of Buford Avenue and north of Rountain View Terrace, S. W., betwee~ Rolfe 'Street and Bridge Street, described as Acreage, Block 1, Mountain View Terrace Map, Official Tax No. 1421634, for the sum of $425. and recommended that the offer be accepted. Mr. Garland moved that Council concur in the recommendation of the com- mittee and that the matter be referred to the City Attorney for preparation of the proper measure. ~he motion was seconded by Mr. Wheeler and unanimously adopted. UNFINISHED BUSINESS: FIRE PREVENTION: Council having deferred action on recommendations of the Roanoke Chamber of Comme'rce Fire Prevention Committee and the City Manager for' amendments to the Fire Prevention Code, the matter was again before the body. i37 In this cQnnection. Mr. Robert Eo Mall,o. Jr.. a member of Ih, Chawber of Cowmerce Fire PreventlQn Committee. appeared before Couecil for discussion of the proposed amendments. Mr, Garland moved that a public hearing on the matter be held at ?:30 p,m,, June 1,. 1964o The motion was seconded by Mr, ~heeler and unanimously adopted, AIRPORT: Council at its last regular meeting having deferred action on the recommendation of a committee composed of Messrs, Robert AG Garland, Chairman, ~olph K, Bowles, Arthur So Owens~ Marshall L. Harris and B, B, Thompson that the revised low bid cf Johnston-Vest Electric Corporation on furnishing and installing four air conditioning units in the Administration Building at Roanoke Municipal (Moodrum) Airport, in the amount of $10,000, be accepted, the matter ~as again before the body. In this connection, the committee submitted another report, advising that it has reviewed the suggested deletions with all parties concerned and now feels it is in the best interest of the city to accept the original bid of Johnston-Vest Electric Corporation in the amount of $10,788 without deletions and so recommends. Mr. Garland moved that Council COnCUF in the recommendation of the (=15763) A RESOLUTION accepting the proposal of Johnston-Vest Electric Corporation for furnishln9 and installin9 four air-conditionieg units in the Administration Building at Roanoke Municipal (Koodr~) Airport; authorizing the proper City officials to execute the requisite contract; and rejecting all ether bids. (For full text of Resolution. see Resolution Boob No. 27. page Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AVES: RessFs. Bowles. Garland. Jones. ~heeler. Young and Mayor SCalier ................................. NAYS: None .................. 0. (Mr. Pollard absent) It appearing that onl~ $10.000 is included in the 1964 budget for this purpose. Mr. Garland offered the following emergency Ordinance appropriating an additional $788: (~15764) AN ORDInAnCE to amend and reordain Section =89. WAirport.' of the 1964 Appropriation Ordinance~ and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 139o) Rt. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: NAYS: None ...................O. (Mr. ~ollard absent) 138 Walter L. Young und Hurray A. Stoller that the old Terry Home in Elmwood Park be repaired end altered at a cost eot lo exceed $35.000 for office space for the City Planning Depurtuent and the Hoard of Zoning Appeals, the matter was again before the body. In this connection, communications from DF. HOuston L. Hell,'Presideat, Professional Properties, Incorporated, and Mr. M. Po Hasle!rove, objecting to remodeling the Terry Home as a waste of money, were before Council. After a discussion of the matter. Mr. Rheeler moved that action on the question be deferred until the next regular meeting of Council on Hey 11, 1964. in order that Mr. Dillard might be present for a discussion thereof, and. in the meantime, that the committee be requested to consider the possibility of an alt,rna, site for use of the Senior Citizens' Counci]o The motion was seconded by Mr, Jones and unanimously adopted. PARKS AND PLAYGROUNDS: Council at Its last regular meeting herin9 deferred action on the recommendations of u committee with regard to the acquisition of land from Mr. Maury L, Strauss for park purposes, the matter was again before the body. Mayor Stoiler relinquished the Chair and offered the following emergency Ordinance accepting the offer of Mr. Strauss to donate and convey to the City of Roanoke 15 acres of land located west of Peters Creek, in Roanoke County, between Salem Turupike and Shenandoah Avenue, for park purposes: (~15765) AN ORDINANCE authorizing the proper City officials to accept, and cause to be recorded, from M. L. Strauss, President of Wilmont Realty Corpora- tion, a d~ed donating and conveying 15 acres of real estate to the City for park purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 27, page 139.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded b~ Mr. Jones and adopted by the following vote: AYES: Messrs. Bowles, Jones, Stoller, Wheeler, Young and Vice Mayor Garland ............................... 6. NAYS: None .................O. (Mr. Pollard absent) Mr. Stoller then offered the following Resolution conditionally accepting the offer of Mr. Strauss to sell to the City of Roanoke Il.1 acres of land located east of Peters Creek, in Roanoke City, for park purposes, and directing the City Manager to make appropriate application to the Housing and Home Finance Agency, Open Space Division, for a 30~ grant-in-aid towards the cost of said land: (~15766) A RESOLUTION directin9 the City Manager to sign and mail. for and on behalf of the City, to Mr. M. L. Strauss th. letter described in the resolvln paragraph of this resolution and, also, to make appropriate application to the H~using and Home Finance Agency, Open Space Division, for a 30 per ecnt grant-in-aid towards the cost of 11.1 acres of real estate for park purposes. (For full text of Resolution, see Resolution Book No. 27, page 140.) J Mr. Broiler moved the adoption or the Resolution, The motion was seconded by Hr, Nheeler and adopted by the following vote: AYES: Messrs. Bowles, Jones, Broiler. Wheeler, Young and Vice Mayor Garland ............................... NAYS: None ................ O. (Mr. Pollard absent) CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORD INANCEB AND RESOLUTIONS: REFUNDS AND REBATES-LICENSES: Council having directed the City Attorney to prepare the proper measure authorizing a refund of $10 to Mrs. Mildred Thompson representing the amount paid for a 1964 city automobile license tag, Inasmuch as she bas sold the vehicle and the tag has never been used, he presented same; mhereupon, Mr. Wheeler offered the following Resolution: (~1576T) A RESOLUTION directin9 a refund of the sum paid unto the City by Mildred G. Thompson for a 1964 City automobile license tag erroneously purchased (For full text of Resolution. see Resolution Book No. 27. page 141.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconde by Mr. Jones and adopted by the following vote: AYES: Messrs. Bowles, Uarland, Jones, Wheeler, Young and Mayor Stoller ................................. NAYS: None .................. O. (Mr. Pollard absent) REFUNDS AND REBATES-LICENSES: Council having directed the City Attorney to prepare the proper measure authorizing a refund of }33.b0 to the Pet Milk Company, Dairy Division, representing the amount paid for two 1964 city truck license tags for trucks located in Montgomery County, since city tags are not required in that area, he presented same; whereupon, Mr. Wheeler offered the following Resolution: (~15768) A RESOLUTION directing a refund to Pet Milk Company, Dairy Division. of $33.60 for two 1964 City truck license tags erroneously purchased. (For full text of Resolution, see Resolution Book No. 27, page 141.) Mr. Mheeler moved the adoption of the Resolution. Tho notion was seconded b~ Mr. Bowles and adopted by the /ollowin9 vote: AYES: Messrs. Bowles, Garland, Jones, Wheeler, Young and Mayor 5toiler ................................. NAYS: None ...................O. (Mr. Pollard absentl WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure permitting the Virginia Inland Sailing Association to use Carvin Cove for sailboat racing on June 14, 1964, with an alternate date of June 21, 1964, he presented same; whereupon, Mr. Jones offered the following Resolution: (~15769) A RESOLUTION authorizing the City Manager to permit Virginia Inland Sailing Association to use Carvtns Cove for sailboat racing on Sunday, June lqth, with an alternate date of June 21st. (For full text of Resolution, see Resolution Book No. 27, page 142.) 139 '140 ~r. Jones moved the udoptiou of the Resolution. Yhe lotion wes seconded by Mr. Young end adoptedby the following vote: AYES: Messrs. Bowles, Gnrhad, Jones, Mheeler, Young and Mayor 5toller ................................. 6. NAYS: None ...................B, (Nr, Pollard absenti BUDGET-PAY PLAN: Council having directed the City Attorcey to prepare the proper measure authorizing the City Manager to fill vacancies in various municipal departments since they are of an emergency nature, he presented same; whereupon, Mr. Young offered the following Resolution: (~15770) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 27, page 142.) Mr. Yonng moved the adoption of the Resolution. Yhe motion nas seconded by Mr. ~heeler and adopted by the following vote: AyEs: Messrs, Bowles, Garland, Jones, Mheeler, Young and Mayor Stoller ................................. NAYS: None ...................On (Mr, Pollard absent) In this connection, Council having earlier during the meeting concurred In the recommendation of the City Manager that he he authorized to employ a Chafnman in the Engineering Department retroactive to April 2, 1964, Mr. ~heeler offered the following Resolution: (;15771) A RESOLUTION authorizing the City Manager to employ certain personnel, (For full text of Resolution, see Resolution Book No, 27, page 143o) Mtn Mheeler moved the adoption of the Resolution, The motion was seconded by Mr, Young and adopted by the following vote: NAYS: None ...................Oo (Mr. Pollard absent) On motion of Mr, Jones, seconded by Hr, Young and unanimously adopted, tht meeting wes adjourned, APPROVED ATTEST: City Clerk "142 COUNCIL, REGULAR MEETING, Monday, May 11, 1964, The Council of the City of Roanoke met In regular meeting In the Council Chamber in the Municipal Building, Monday, May 11, 1964, at 2 p,m** the regular meeting hour, with Mayor Stoller presiding. PRESENT: Councilmen Ralph K, Bowles, Robert A, Garland, James E. Jones, Roy Ro Pollard, Sro, Vincent S. Mheeler, Mai*er L, Young and Mayor Murray A, Stoller ................................ ABSENT: None ................Oo OFFICERS PRESENT: M~, 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 D, L. Rogers, Pastor, Central Church of the Brethren, MINUTES: Copy of the minutes of the regular meeting held on Monday, April 27, 1964, 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: NONE. PETITIONS AND COMMUNICATIONS: STREET LIGIITS: A communication from the Appalachian Power Company, advising that no street lights were installed and/or removed during the month of April, 1954. was before Council, On motion of Mr. Jones, seconded by Mr. Pollard and unanimously adopted, the communication was filed, STREETS AND ALLEYS: A petition of Mr, English Showalter, Attorney, representing Miss Mary R. Wit*. requesting that a 15-foot alley running parallel to Jefferson Street arid First Street, S. E.. extending from Albemarle Avenue in a northerly direction approximately 157.5 feet to another alley, and lying between Lots 5 and 6 and Lot 10, Block 10, Official Survey S, E, 3, be vacated, discontinued and closed, was before Council. Mr. Rheeler offered the following Resolution providing for the appointment of viewers: (~15772) A RESOLUTION providin9 for the appointment of five freeholders. uny three of whom may act, as viewers in connection with the application of Mary ~itt to permanently vacate, discontinue and close an undeveloped and unimproved alley 15 feet in width, lying between Jefferson Street and First Street (Orchard Bill). S. E., Roanoke, Virginia, and which alley extends from Albemarle Avenue in a northerly direction approximately 157.5 feet to another alley. (For full text of Resolution, see Resolution Book No. 2?, page 150o) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs, Boules, Garland, Jones. Pollard, Mheeler, young end Mayor Stoller ........................... 7, NAYS: Noae ................... O, Mr. Wheeler then mored that the reqaest be referred to the City Planning Commission for study, report and recommendation to Council. The motion mas sec*nde by Mr. Jones and aannimoasly adopted, ZONING: A petition of Mr, John L, Malker, Jr** Attorney. representing Hospital Service Association of Roanoke, et al** requesting that property located ga the east side of Third Street, S. ¥., between Albemarle Avenue and Walngt Avenue, described as Lots 2, 3 and 6, Block 11, Official Survey S, R. 3, Official Tax Nos, 1023102, 1023103 and 1023104. be fez*ned from Special Residence District to Business District. was before Council. Oil motion of Mr. Pollard, seconded by Mr, Rheeler and unanimously adopted, the request mas referred to the City Planning Commission for study, report and recommendation to Council. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a ~rJtten report, recommending that certain existing street lights be relocated and additional street lights be installed in connection sith the widening of Salem Avenue, S. R., between First Street and Second Street. Mr, Youn~ moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~15773) A RESOLUTION authorizing the relocation of certain existing street lights and the installation of additional street lights in connection with the widening of Salem Avenue. So M., between First Street and Second Street, (For full text of Resolution, see Resolution Book No. 27, page 151.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Rheeler, Young and Mayor Stoller ........................... 7o NAYS: .None ................... O. BUDGET-HEALTH DEPARTMENY: Yhe City Manager submitted a written report, recommending that $15 be appropriated to Insurance under Section =40, =Realth Department," of the 1964 budget, to cover the fee for renewing the commission of the Administrative Assistant at the Health Department as a notary p~blic. Mr. Pollard moved that Council concur in t he recommendation of the City Manager and offered the following emergency Ordinance: (=15774) AN ORDINANCE to amend and reordain Section =40, "Health Department,~ of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 27, page 151.} Mr. Pollard moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Wheeler and adopted by the following vote: t'43 144 AYES: 'Ne ssrs~ Bowles, Garland,'Jaoes, Pollard, Wheeler, Young and Mayor Stoller ........................... NAYS: None ...................O, BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted n ~rltten report, recosmeuding that SIS be transferred from Printing and Office Supplies to Insurance under Section z52, 'Public Assistance,~ of the 1964 budget, to cover the fee for renewing the comsissioe Of a Clerk-Typist in the Department of Public Melfare as a notary public, Mr, Young moved that Conocil concur in the recommendation of the City Manager amd offered the following emergency Ordinance: (~15775) AN OflOI~A~CE to a~end and reordaln Section #52, ~Publlc Assistance,~ of the 1964 ~ppropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book ~Oo ~?, page Mr. Young moved the adoption of the Ordinance. The ~otion was seconded b~ Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, ~beeler. Young and M~yor Stoller ........................... NAYS: None ................... ~UD~£~-JUYENILE DET~NTIO~ HOME: The City Manager submitted a written report, recommending that $15 be transferred from Printing and Office Supplies to ~intenance of Machinery and Equipment under Section g31, ~Ju~enile Detention Home.~ of the 19~4 budget~ to cover the cost of repairing tho inter-communication system at thc Detention Home. Mr. Jones moved that Council concur in the recommendation of the City After o discussion of the matter, Mr, Jones pointing out that ccnsultutiod services are furnished free of charge by the Appalachian Pomer Company for such projects and voicing the opinion that Council should have for,ally approved the engaging of the consultant before such action mas taken. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the foil,ring emergency O~dinance: (mis???) AN ORDINANCE to amend and reordain Section n89. #Airport** of the 1964 AppropFlation Ordinance. and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 27. page 153.) Mr. Pollard moved the adoption of the Ordinance. The motion vas seconded by Mr. Garland and adopted by the foil,ring vute~ AYES: Messrs. Boules. Garland. Jones. Pollard. Wheeler. Young and Mayor Stoller ........................... ?. NAYS: None ................... O. BUDGET-MUNICIPAL COURT: The City Manager submitted a written report, transmitting a request of the Chief Judge of the Mnnicipal Court that $1,200 be appropriated to Fees for Professional and Special Services under Section a24, "M~nJclpal Court,' of the 1964 budget, as a result of a marked increase of Blood Alcohols. · Mr. Youn9 moved that Council concur in the request and offered the foil.ming emergency Ordinance: (m15778) AN ORDINANCE to amend and reordain Section #24, "Municipal Court," of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 153,) Mr. Young moved the adoption of the Ordinance, The motion was seconded by Mr. Garland and adopted by the following vote: Mayor Stoller ........................... ?. NAYS: None ...................O. BUDGET-DEPARTMENT OF PUBLIC MORES: The City Manager submitted a written report, advising that a Right of Way Agent will begin work in the Engineering Division of the Department of Public Morks on June 1, 1964, and that he will need it can assign him, the City Manager recommendin9 that $350 be appropriated to Automobile Allow3nce under Section ~80. "Engineering," of the 1964 budget, to provide the amount of $50 per month for this purpose. Mr. Wheeler moved that Council concur ia the recommendation of the City Manager and offered the following emergency Ordinance: (~15779) AN ORDINANCE to amend and reordain Section #80, "Engineering," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 154,) 146 Mr. #heeler woved the adoption of the Ordinance, The motion was seconded by Mr. Garland and adopted by the following rote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Mheeler, Young and Mayor Stellar ........................... 7o NAYS: None ...................O, STATE BIGOMAYS: The City Manager submitted a written report, advising that certain lots located off the east side of Third Street, S. E.. and the east side of Three and One-half Street, S. E., between Elm Avenue and Mountain Avenue, are required to properly drain the final project on Interstate Spur 581, and recommended that Council authorize the acquisition of the required right of ~ay and agree to bear 15~ of the total cost, In reply to a question of Mr, Jones, the City Manager advised that the land is required to relieve the drainage situation whether Interstate Spur 561 is extended from Elm Avenue, S, E,, to Franklin Road, S, W,, or east of Mill Moontain and does not commit the city to the southwest route. Mr. Wheeler moved that Council concur in the recommendation of the City Mannger 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. AMBULANCES-LIFE SAVING CREWS: Council having deferred action on a propose, Ambulance Ordinance until the regular meeting of the body on Way Iff, 1964, th~ City Manager submitted a written report, recommending that the proposed hearin9 on the Ordinance be deferred until some future date with a view of correcting conflicts in the Ordinance prior to a public hearing thereon. ~r. Wheeler moved that Council concur in the recommendation of the City Manager and that action on the proposed Ambulance Ordinance be deferred indefinitely The motion was seconded by Mr. Pollard and unanimously adopted. BUDGET-PAY PLAN: The City Manager submitted the following report, recom- mending that certain vacancies in various municipal departments be filled since they are of an emergency nature: "Roanoke. Virginia May 11, 1964 To the City Council Roanoke, Virginia Gentlemen: The following employees are needed for the efficient operation of the City Government: JUVENILE AND DOMESTIC RELATIONS C~URT Deputy Clerk Custodian WATER DEPARTMENT 1 Jr. Meter Reader LIBRARY Librarian 1 - Young People Respectfully submitted, S/ Arthur 5. O~ens City Manager* Rt. Hheeler moved that Couacli concur in the recommendations 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 Hr. Pollard and unanimously adopted. CITY AUDITOR: The City Auditor submitted a financial report of the City of Roanoke for the fiscal year ended December 31, 1963. Mr, Pollard moved that the report be received and flied. The motion was seconded by Hr. Wheeler and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mrs. Blanche L. Bowman, et al** that propertT located on both sides of Round Hill Avenue, M. ~., between Bowman Street and Spring Hollow Avenue, described as Lots I and 2, Block 1, Bowman Lawn, Official Tax Nos. 2071701 and 2071702, and LOts 1-5. inclusive, Block 2, Bowman Lawn, Official Tax Nos. 20TlOOI-2071f105, inclusive, be retorted from General Residence District to Special Residence District, the City Planning Commission submitted a written report, recommending that the request be granted. Hr. ~heeler moved that a public hearing on the matter be held at 2 p.m., Jane H, 1964o The motion was seconded by Mr. Jones and unanimously adopted. ZO~IM6: Council having referred to the City Planning Commission for as Lots 1, 2 and 3, Ulock 41, Crystal Spring, Official Tax Nos. 1040301° 1040~02 and 1040003, be rezoned from Special Residence District to B~sJne$$ District, the City PlannJn9 Commission submitted a written report, recommending that the requests Mr. Wheeler moved that a public hearing on the matter be held at 2 p.m., Jdne 15, 1964. The motion was seconded by Mr. Garland and unanimously adopted. ZOMIMG: Council having referred to the City Planning Commission for located on the east side Of South Jefferson Street, between Yello. Mountain Road Spring Land Company, Official Tax Non 40&O&O1, be rezoned from Special Residence District to Business District, the City Planning Commission submitted a written Attorney, representing the petitioners, advisin0 that it is the request of his clients that a public hearing on the matter be held, was before Council. Mr. Wheeler moved that a public hearing on the matter be held at 2 p.m., June 1~, 1q64o The motion was seconded by Mr. ¥oun0 and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. Floyd F. McCollum, et al.. that 147 148 nad ~oods Arenne. described as Lots 5 and gA, Block 1, Official Survey S. E. 4, Official Tam No. 1030505. be fez*ned from Special Residence District to Dusiness District, the City Planning Commission submitted the foil*Ming report, recommending that the request be dealed: "Ray ?, 1964 The Honorable Rurray A. St*lieF, Mayor, and Members of City Council Roan*he, Virginia Gentlemen: During its May 6, 1964 meeting the Planning Commission considered the above fez*ming request. It mas learned that the owner intends to use this property for business purposes, possibly an office bailding; however, no defini~ plans were presented. Having made field inspection and after due consideration of all factors involved* the Planning Commission found that the Qeneral character Of the area Js predominantly residential with offlce buildings, mostly of the medical profession, interspersed. The area has no business character at this time and the Planning Commissioo is of the opinion that rezooing to outright commercial uses would be detrimental to the value of this general neighbor- hood. The Plannin9 Commission, therefore, recommends that City Council deny the above request for rezoning, Sincerely yours, $/ Warner Ko Sensbach for B, N. Eubank Vice-Chairman" mission for study, report and recommendation a request of Mr. Fred P. Najjnm, et al. 149 the right of uny of the Norfolk and ~estern Railway Company in on easterly direction recently vacated, discontinued and closed to · point 65 feet west of the westerly line of Third Street, S, E., be vacated, discontinued and closed to m point 50 feet west of the westerly line of Third Street, S. E** the City Planning Commission submitted a written report, recommending that the request be granted. In this connection, Council having appointed viewers, the viewers submitted n written report, advising that they have viewed 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, discontinuing and closing the portion Jn question. Hr. Mheeler moved that a public hearing on the matter be held at 2 p.m., June 8, 1964, The motion was seconded by Mr. Pollard and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Com- mission for study, report and recommendation a request of Blue Ridge Transfer Company. Incorporated, that Indiana Avenue, N. E., between Rollins Road and the tracks of the Norfolk and Western Railway Company; eighth Street, N, E,, between Indiana Avenue and Mohawk Avenue; and an alley running east and west between Rollin! Road and the tracks of the Norfolk and Western Railway Company, parallel to Indiana Avenue and Mohawk Avenue. be vacated, discontinued and closed, the City Planning Commission submitted a written report, recommending that the request be granted. In this connection, Council having appointed, viewers, the viewers sub- mitted a written report, advising that they have viewed said streets and alley and the adjacent neighborhood and are unanimously of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closln9 the streets and alley in question, Mr, Rheeler moved that a public hearing on the matter be held at June 1, 1964. The motion was seconded bI Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: PARKS AND PLAYGROUNDS: Council having referred to a committee composed of Messrs, Walter L. Young, Chairman, Arthur $. Owens and Rex To Mitchell. Jr., for tabulation, bids received on furnishing one rubber-tire amusement train for use in the Roanoke Transportation Museum area, the committee submitted a ~ritten report, together with a tabulation of the bids, recommending that the low bid of Miracle Equipment Company in the amount of $5.600 be accepted. Mr. Young moved that Council concur in the recommendation of the committee and offered the following Resolution: (=15780) A RESOLUTION accepting the proposal of Riracle Equipment Company for supplying one new rubber-tire amusement train for use in the Roanoke Trans- portation Museum areal authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 27, page 154,) Mr, Young moved the adoption of the Resolution. The motion was seconded by Hr. ~heeler and adopted by the following vote: AYES: #essrs. Bowles. Garland. Jones. Pollard; ~heeler. Young and Muyor St,lief ........................... ~A¥$: ~one ...................O. STATE BICRWAYS: Council having referred to e committee composed of Hessrs ·alter Lo Young. Chairman. H. Cletus Rroyles and James £. Jones. for tabulation. bids received On street improvements in the vicinity of property of the Magic City Motor Corporation on Nllliamson Road, the committee submitted a written report, recommending that the Ion bid of H ~ S Construction Company in the amount of $15,158,67 be accepted and that an appropriation in this amount be made, plus $2? advertising costs. In a discussion of the matter, Mr, Jones pointed out that the City Manager originally estimated the cost of the project at $7,500, The City Manager explained that the original plans were changed and that uae of the changes which furnished an entrance to property on the west side of Wllliamson Road accounts for a portion of the increase in the cost of the project, Mr, Jones moved that the draft Of Ordinance awarding the contract be amended to read "street changes in ~illiamson Road. N. E.. south of McDowell Avenue The motion was seconded by Mr, Wheeler and unanimously adopted. Mr. Young then moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance. as amended: (~15781) AN ORDINANCE accepting the proposal of H ~ S Construction Companl for street changes in Williamson Road. N. E.. south of McDowell Avenue; 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. 27. page 155.) Mr, Young moved the adoption of the Ordinance. The motion was seconded by Mr, Hheeler and adopted by the follosing vote: AYES: Messrs. Bowles. Garland. Pollard, Mheeler and Young .............. 5. NAYS: Mr. Jones and Mayor Stoller ...................................... 2. Mr. Young then offered the following emergency Ordinance appropriating $15,165.67: (=!5782) AN ORDINAMCE to amend and reordain Section :170. *Capital.~ of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 156.) Mr. Young moved the adoption of the Ordinance, The motion was seconded by Mr. Hheeler and adopted by the following vote: AYES: Messrs. Bowies. Garland. Pollard. Mheeler and Young .............. 5. NAYS: Hr. Jones and Mayor Stoller ...................................... 2. AIRPORT: Council having referred to a committee composed of Messrs. ~alter L. Young. Chairman. Arthur So Owens. H. Cletus Broyles and Marshall L. Harris for tabulation, bids received on lighting, lundscuping and appurtenant work in connection with the extension of Runway 15-33 et Roanoke Municipal (#..drum) Alrpor~ the committee submitted a written report, together with a tabulation of the bids. recommending that the low bid of Gross Electric Company, Incorporated, in the amount of $6,546, on lighting and appurtenant work, be accepted. Mr, Young moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (~15783) AN ORDINANCE accepting the proposal of Gross Electric Company, Inc.. for cons.mc.ion of high intensity lighting installation for extension of North-South (15-33) runway at Roanoke Municipal (Mo.drum) Airport. subject to the approval of the Federal Aviation Agency; authorizing the City Manager to execute the requisite contract; rejecting the other bid; and pFovidin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the followin9 vote: AYES: Messrs. Bowles, Garland. Jones. Pollard, Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. The committee then submitted a written report, together with a tabulation of bids, recommending that the low bid of Sisson ~ Ryan, in the amount of $17,375, on landscaping and appurtenant ~ork, be accepted. Mr4 Young moved that Council concur in the recommendation of the committee and off. red the following emergency Ordinance: (=15704) AN ORDINANCE accepting the proposal of Sisson ~ Ryan for land- scaping in connection with the extension of North-South (15-33) Runway and Taxiway at Roanoke Municipal (Wu.drum) Airport, subject to the approval of the Federal Aviation Agency; authorizing the City Manager to execute the requisite contract; rejecting the other bid; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21. page 157.) Mr. Young moved the adoption of the Ordinance. The motion ~as seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Dowles,.Garland, Jones. Pollard, Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ................. ~0. UNFINISHED BUSINESS: LIBRARIES: Council at its last regular meeting having deferred action on the recommendation of a committee composed of Messrs. Benton O. Dillard, Chairman, .Walter L~ Young and Murray A. St.lieF that the old Terry Home in Elmwood Park be repaired and altered at a cost not to exceed $35,000 for office space for the City Planning Department and the Board o£ Zoning Appeals, in order that Mr. Dillard might be present for a discussion of the matter, and having requested the committee, in the meantime, to consider the possibility of an alternate site for use of the Senior Citizens* Center, the matter was again before the body. '151 152 In this connection. Mr, Dillard appeared before Council nnd submitted n mrlttco report of the committee, odvlslng tbs& the committee ngnJn met god dss- cussed the matter of preparing end altering the old Terry property situated in Elmwood Park, ond niter considerable discussion, taking Into consideration the apparent opposition to spending the sum of $35,000 for repairs in order that,the property may be made use of for needed city office space, now recommends thst the buildings be demolished and removed from the park ns soon ns a new location may be obtained for the use of the Senior Citizens' Council. In a discussion of the uniter of finding a suitable location for the. Senior Citizens* Center, Dr. C, ¥, Cornell appeared before Council and suggested that a small building be erected east of the Roanoke Public Library of a design compatible to the Library for use as a Senior Citizens° Center and by the Departmenl Council indicating that further consideration would be given to obtaining space for the Senior Citizens* Center, Hr. Young 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. Later during the meeting, after a further discussion of the question of a~quiring additional space for city offices, Mr. Young moved that the City Manager be directed to negotiate with The First National Exchange Rank of Roanoke for a gO- day option on property located on the west side of Third Street. S, W., between Campbell Avenue and Church Avenue, described as Lots 7 and 80 W. W. Cue Map, Offlcia lax No. 1011332; to submit an estimate on the cost of purchasing the property and remodeling the building thereon to provide office space for various municipal departments; and to submit an estimate on the cost of a City Hall Annex as recom- mended by the City Plannin9 Commission in Its report dealing with space needs of m~nictpal government as a part of the Community Facilities Plan. The motion mas seconded by Mr. Hheeler and unanimously adopted, CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 15748, vacating, dtscontinutn9 and closing the entire alley between Twelfth Street and Thirteenth Street, S, E,, parallel to Campbell Avenue and Kirk Avenue, having previously been before Council for its first reading, read and laid over. was again before the body. It appearing that the Ordinance does not contain an easement clause as recommended by the City Planning Commission, Mr, Wheeler moved that the Ordinance be amended to include the words "the City of Roanoke reserving unto itself, however, a perpetual easement for sewer lines, drains, water lines and other public utilities which may now be located in and over the aforesaid alley." The motion was seconded by Hr, Pollard and adopted by the following vote: AYES: Messrs. Bomles, Garland, Jones, Pollard, Hbeeler, Yoaag and Mayor Stoller ........................... T. NAY5: None ...................O, Mr, Hbeeler then offered the following Ordinance, as amended, for Its second reading and final, adoption: (~lS?4G) AN ORDINANCE permanently vacating, discontinuing nnd closing the entire alley between 12th Street and 13th Street, So Eo, parallel to Campbell Avenue and Kirk Avenue, and running through Block 13, East Side Land Company, (For full text of Ordinance, see Ordinance Book No, 2T, page 143,) Mr, Hheeler moved the adoption of the Ordinance. The motion mas seconded by Hr. Pollard and adopted by the followin9 vote: AYES: Messrso Bo~les, Garland, Jones, Pollard. Hheeler, Youn9 and Hayor Stoller ........................... ?. NAYS: None ...................O, ZONING: Ordinance No, 15749, rezoniag property located on the north side of Kirk Avenue, So E., between Twelfth Street and Thirteenth Street, described as Lots 8-12, inclusive, Block 13, East Side Land Company, Official Tax Nos, 4110708- 4110712, inclusive, from General Residence District to Light Industrial District. havln9 previously been before Council for its first reading, read and laid over, pas again before the body, Mr, Rheeler offering the following for its second readingll and final adoption: (~15749) AN ORDINANCE to amend and reenact Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke. lq50. in relation to Zoning. (For full text of Ordinance. see Ordinance Book No, 27, page 145.) Mr. ~beeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the follosing vote: . AYES: Messrso Bowl*ss Garland, Jones~ Pollard. Nheeler. Young and Mayor Stoller ............... ~ ........... ?. NAYS: None ...................O, ZONING: Ordinance No. 15750, rezonin9 property located on the west side of Patrick Henry Avenue, N.. E., and the east side of Byrd Avenue, N. E., south of Kanter Road, described as Lots 1-8. inclusive, and Lots 18-29, inclusive, Block 8, Laurel Terrace, Official Tax Nos. 3120801-3120804, inclusive, and 3120809-3120814, inclusive, from General Residence Diztrict to Light Industrial District, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Young offering the following for Its second reading and final adoption: (g15750) 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.fall text of Ordinance, see Ordinance Book No. 27, page 146.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mro Hheeler and adopted by the following vote: 153 154 AYES: Resets. Bowles. Gurlnnd..Jones. Follard. Rheelert Young end Mayor St,lief MAYS: None .................. O. ZONING: Ordinance No. 15751. fez,ming property located on the southeaster aide of Edgemood Street (extended) south of Brnndon Avenue. $. #., being a portion of Official Tax No. 1620101. and shown os Parcel 3 on the plat of C. B. Malcolm Son. dated September 11. 1963. from Special Residence District to Businesa District. having previously been before Council for its first reading, read end luid over. was again before the body. In this connection, a communication from Mr. N. E. Fuller voicing the opinion that all vacant property on Brandon Avenue, S. N., should be rezoned for business purposesto stop the flow of business Out Of the city to Salem and Roanoke County. was before Council. Mr. Nbeeler then offered the following Ordinance for its second reading and final adoption: (=15751) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section l, of The Code of the City of Roanoke, 1956, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 27, page 147.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles. Garland. Jones. Pollard. Rheeler. Young and Mayor Stoller ........................... 7. NAYS: None ................... O, ZONING: Ordinance No. 15752, fez.nih9 property located on the southwest corner of Rorer Avenue and Eleventh Street, S. R.. described as the northerly part of Lot 9, Block 29, F. Rorer Map, Official Tax No. 1212917, 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. Nbeeler offering the following for its second reading and final adoption: (=15752) 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. 27, page 148.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor St,Ilar ........................... 7o NAYS; None .................. O. ZONING: Ordinance No. 15753, rezoning property bound by Eighth Street, Levelton Avenue, Liberty Road and Runt Avenue (extended). N. W., from General Residence District to Special Residence District, with the exception of Official Tax Nos. 2060902, 2060909%2060910 and 2060912, having previously been before Councl 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: (n15753) 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 Ordinancel see Ordinance Book No. 27, page 149.) Nra Pollard woved the adoption of the Ordinance. The motion was seconded by Nr. ~heeler and adopted by the following vote: AYES: NeaSrSo Bowles, Garland, Jones, Pollard, Rheeler, Young and Nayor Stoller .......................... RAYS: None ...................O. AUDITORIUN-COLIS~UN: Council having directed the City Attorney to prepart the proper measure accepting the extension of the option held by the City of Rnanohe on the 22 l/2-acre area of land in the Commonwealth Redevelopment Project for a purchase price of $500,000 from kay 1, 1964, to August 1, 19~4, he presented same; whereupon, Nr. Pollard offered the followln9 Resolution: (z15785) A RESOLUTION approving the receipt by the City Nanager of an extension of the option held by the City for the purchase of 22 1/2 acres of land fr~m the City of Roanoke Redevelopment and Housing Authority; and directing said City Nanager to cause the same to be filed in the office of the Cit~ Clerk. (For full text of Resolution, see Resolution Book No. 27, page 158.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the followin9 vote: AYES: Messrs. Bowles. Garland, Jones. Pollard. Rheeler. Youn9 and Mayor Stoller ........................... NAYS: None ................... STATE HIGRNAYS: Council having directed the City Attorney to prepare the proper measure approving a SO-foot clear opening between abutmeots of the proposed underpass under Interstate Spur 581 in the vicinity of Nells Avenue~ N. E., he presented same; ~hereupon, ~r. ~heeler offered the following Resolution: (=15T86) A RESOLUTION approving the construction of an underpass as a part of Interstate Spur 581 in the vicinity of Nells Avenue. N. E., with an opening between abutments of 50 feet in ~ldth. (For full text of Resolution, see Resolution Book No. 27, page 155o) Rt. ~heeler moved the adoption of the Resolution. Yhe motion was seconded by Rt. Young and adopted by the following vote: AYES: ~essrso Oo~les, Garland, Jones, Pollard, ~heeler, Youn9 and ]ayor Stoller ........................... ?. NAYS: None ...................O. BUDGET-PAY PLAN: Council having directed thc City Attorney to prepare the proper measure authorizing the GitI ]anager to fill certain vacancies in variou~ municipal departments since they are of an emergency nature, he presented same; whereupon, Rt. Garland offered the following Resolution: (~15~87) A RESOLUTION authorizing the City Ranager to employ certain )ersonnel. (For full text of Resolution, see Resolution Book No. 27, page 159o) 155 .56 · Ur. Garland moved the adoption of the Resolution. The motion was secoude¢ by Mr. Touag and adopted by the /ollowlug vote: . AYKS: Hessrs. Bo~les, Garland, Jones, Pollard, Nheeler, Young and Msyor St,lieF ........................... ?. NAYS: None ................... O. SALE OF PROPERTy: Council having directed the City Attorney to prepare the proper measure accepting the offer of Mr. James M. Lee, et ux., to purchase from the City of Roanoke for the sun of $50 the unused portion of land conveyed to the city by them for use in constructing an underpass and approaches to connect M~ndy Road and Mhiteside Street, N, E** he presented same; whereupon, Mr. Pollard moved that the follo~ing Ordinance be placed upon its first rending: (n15788) AN ORDINANCE directing tho sale of an unused portion of the of the Mandy Road and Mhiteside Street underpass, to them for $50 net cash. · IIEREAS, a majority Of Council*s Real Estate Committee has recommended, in writing, the adoption of this ordJnancet in which recommendation this Council concurs. THEREFORE, BE XT ORDAINED by the Council of the City of Roanoke that the City Attorney be, and he is hereby, directed to prepare a deed of bargain and sale pursuant to which the City of Roanoke conveys, with special warranty of title, an an underpass and approaches to connect Mundy Road and Rhiteside Street, N, Eo, to the said James M. Lee and wife, in consideration of $50 net cash; and the Mayor and City Clerk are hereby authorized, respectively, to execute and attest the aforesaid deed after the same shall have been prepared and approved by the City Attorney and, upon the execution of such deed, the City Attorney is directed to deliver the same to the said James M. Lee and wife in exchange for $50 net cash, The motion was seconded by Rt. Mheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... NAYS: None ................... O. SAEE OF PROPERTY: Council having directed the City Attorney to prepare the proper measure accepting the offer of Mr. Russell H. Smith to purchase from the CttI of Roanohe a 1,3-acre tract of, land located north of Mountain View Terrace and as Acreage, Block 1, Mountain View Terrace Rap, Official Tax No. 1421634, for the Ordinance be placed upon its first reading; (~15789) AN ORDINANCE directing the sale of Official Tax ~o, 1421634 to Russell H. S~ith /or $425 net cash. WHEREAS, this Council*s Real Estate Committee has recommended, in writing the adoption of this ordinance, in which recommendation this Council concurs, THEREFORE, BE IT ORDAINED by the Council of the City of Roanohe that the City Attorney be, and he is hereby, directed to prepare a deed of bargain and sale pursuant to which the City of Roanoke conveys, with special warranty of title, u 1.3-acre tract of laud located north of Mountain View Terrace and south of Buford Avenue, S. W.. between Roll* Street and Bridge Street. described as Acreage, Block 1, Mountain View Terrace Map, Official Tax No, 1421634, unto Russell Bo Smith in consideration of $425 net cash; and the Mayor and City Clerk are hereby authorized, respectively, to execute and attest the aforesaid deed after the same shall have been prepared and approved by the City Attorney and, upon the execution of such deed, the City Attorney is directed to deliver the same to the said Russell B. Smith in exchange for $425 net cash. The motion was seconded by Mr. Mb*Bier and adopted by the following vote: AVES: MeSSFSo Bowles, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. CITY GOVERNMENT: Council having directed the City Attorney to prepare the proper measure establishing a *Sister City* relationship between the City of Roanoke and the City of Wonju, Korea, he presented same; whereupon, Mayor Stoller relin- quished the Chair and offered the following Resolution: (~15790) A RESOLUTION authorizin9 the Mayor of the City of Roanoke to negotiate with the proper City officials of the City of Nonju, Korea, and other yarttea and endeavor to establish a *Sister City* relationship between the two cities. (For full text of Resolution, see Resolution Book No. 27. page 159.) Mr. Stoller moved the adoption Of the Resolution, The motion was seconded by Mr, Jones and adopted by the following vote: AYES: Messrs. Bowles, Jones, Pollard, Stoller. hheeler. Young and Vice Mayor Garland ............................. 7. NAYS: None ......................... MOTIONS AND MISCELLANEOUS BUSINESS: AUDITORIUM-COLISEUM: Mayor Stoller called attention to an exchange of correspondence between the Mayor Of the City of Roanoke and the Mayor of the Town of Salem with regard to a proposal submitted by the Council of the Town of Salem at an informal joint meeting of the governmental subdivisions of theRoanoke Valley od April 8, 1964, for the purpose of considering the construction of a civic center on a valley-wide basis. Mayor Stoller pointed out that Mayor James I. Moyer has asked for an answer to the proposal of the Town of Salem that the City Of Roanoke contribute $500,OOO toward increasing thc capacities of the center the Town of Salem is plannin to erect on a Salem site so that a coliseum with adequate facilities can be provided for Roanoke Valley, 157 158 Mayor Stoller then presented the reply of the Council of the City of Roanoke to the Town of Salem that fa view of Its faith in the committee appointed to study the question of constructing a civic center on a valley-wide basis fulfilling its assignment the City of Roanoke must reject the proposal of the Tome of Salem. On motion of ir. Yonng, seconded by Mr, Rheeler and unanimously adopted. the meeting uae adjourned. APPROVED / City Clerk Mayor COUNCIL. REGULAR MEETINB, Monday, Way 10, 1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, May Iff, lqb4, at 2 pom., the regalar meeting hour, with Mayor Stoller presiding. PRESENT: Councilmen Ralph K. Bowles, Robert A. Garland, James E. Jones. Roy R. Pollard, Sr.. Vincent S. Wheeler and Mayor Murray A. Stoiler .............6. ABSENT: Councilman Walter L. Young ................................... 1. OFFICERS PRESENT: Mr. Arthur S. O~ens, City Manager. Mr. Randolph G. Whitl e. City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened ~ith a prayer by the Reverend J. A. Ricks, Pastor, Belmont Presbyterian Church. MINUTES:. Copy of the minutes of the regular meeting held on Monday, May 4. 1964, having been furnished each member of Council. on motion of Mr. Pollard, seconded by Mr. Jones and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC HATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: A communication from Mr. Charles ~. Ilancock. President!I of the Garden City Civic League, requesting that it be determined whether the road through the Roanoke Industrial Center is a public or private street, was before Council. On motion of Mr. Hheeler, seconded by Mr. Jones and unanimously adopted, the matter sas referred to the City Attorney for a legal opinion. BUDGET-SCHOOLS: A communication from Mr. A. F. Fisher. Business Manager and Clerk of the Roanoke City School Board, requesting that $1.200 be transferred from Contingencies under Section ~laOOO. 'Schools-Miscellaneous,# to Repair and Upkeep of Building and Equipment under Section =7000, "Schools-Maintenance of Plant and Equipment.# of the 1964 budget, and that $1,000 be transferred from Contlngencies under Section ~13000. 'Schools-Miscellaneous," to Upkeep and Operation of Trucks under Section ~qO00. ~Schools-Food Services." of the 1964 budget. ~as before Council. On motion of Mr. Pollard, seconded by Hr. Jones and unanimously adopted, action on the request was deferred until the next regular meeting of Council pending receipt of information as to the reasons for the transfers. ZONING: A communication from Mr. Tom Stockton Fox, Attorney. representing Mrs. Ola Gash Burr. et al., requestin9 that property located on the south side of Hershberger Road. N.W.. ~est of Grandview Avenue, described as Acreage, Barrens Map, Official Tax No. 227020B, be rezoned from General Residence District to Special Residence District, was before Council. On motion of Mr. Wheeler, seconded by Mr. Garland and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. 159 160 RECREATION ~ ,R. V. Robinson, President of the Wlldeood Civic League, requesting that $15,000 be included In the 1965 budget for an enclosed park shelter at Thrasher Park, so that ithe shelter could be heated and used as a sort of civic center all year Instead of mst for a few summer months as at present, was before Conncll. On motion of Mr. Garland, seconded by Mr'. Jones and unanimously adopted, he request was referred to 1965 budget Study. STREETS AND ALLEYS: A petition signed by 88 members of the Fairview Methodist Church, requesting that Van Burma Street, Vermont Avenue and Virginia [Avenue, N. b., be repaired, was before Council. On motion of Mr. Wheeler, seconded by Mr. Garland and unanimously adopted, Ithe request was referred to the City Manager for study and report to Council. GARBAGE REMOVAL: A communication from Mr. Cecil Simmons, complaining that the city refuses to collect his garbage because he does not have a standard garbage can and advising that he cannot afford to buy one, was before Council. On motion of Mr. Pollard, seconded by Mr. Jones and unanimously adopted, the matter was referred to the City Manager for study and report to Council. AbDITS-SCHOOLS: Copy of a communication from the officers of the Round Hill Parent-Teacher Association to the Roanoke City School Board, expressing confidence in the principal, teachers and supervisors of Round Hill Elementary School and expressing the hope that the controversy of the last months will be brought to a conclusion quickly so that the morale of the entire school system may not be further impaired, sas before Council. On motion of Mr. Pollard, seconded by Mr. Jones and unanimously adopted, the communication nas filed. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending that street lights be installed at various locations in the City of Roanoke. Mr. Garland moved that Council concur in the recommendation of the City MonoMer and offered the followin9 Resolution: (n15791) A RESOLUTION authorizing the installation o[ street lights at various locations in the City of Roanoke. (For full text of Resolution, see Resolution Book No. 27, Page 161.) Mr. Garland moved the adoptiun of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................. NAVS: None ..................Oo (Mr. Youn9 absent) STREET LIGHTS: The City Manager submitted a written report, recommending that Council approve the serving of certain street lights on Salem Avenue, 5. M., between Second Street and Third Street, from underground distribution facilities rather than an overhead system, and authorize an increase in the monthly rates for said lights. Mr. Pollard moved that Council concur in the recommendation or the City Manager and offered the follouing Resolution: (#1S792) A RESGLtrIxoN approving the serving or certain street lights on Salem Avenue, S. M.. between Second Street and Third Street, from underground distribution facilities rather than an overhead system, and authorizing an increase in the monthly rates rot said lights. (FOr full text of Resolution, see Resolution Dooh No. 27, Page 162.) Mr. Pollard moved the adoption or the Resolution. The motion mas seconded by Mr. dheeler and adopted by the folloMing vote: AYES: Messrs. Boules, Garland, Jones, Pollard. bbeeler and Mayor Stoller ................................ 6. NAYS: None ..................O. (Mr. Young absent) BUDGET-DEPARTMENT OF PUBLIC MORES: The City Manager submitted a uritten report, advising that there is a balance of $9g0 in the Vehicular Equipment-Neu account under Section sOO, "Maintenance or City Property." of the 1964 budget, after the purchase of vehicular egulpment for 1964, and recommended that $500 of this amount be transferred to Rentals to take care of the need for further use of a compressor, concrete vibrators, pump. etc** for the remainder of the year. Mr. Wheeler moved that Council concur in the recommendatio~ of the City Manager and offered the following emergency Ordinance: (u15793) AN ORDINANCE to amend and reordain Section ~BO. "Maintenance of City Property," of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, Page 162.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................ 6. NAYS: None ..................O. (Mr. Young absent) BUDGET-RECREATI~ DEPARTMENT-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, recommending that $500 be transferred from Operating Supplies and Materials to Building and Fixed Equipment-New under Section ~lll, "Recreation, Parks and Recreational Areas," of the 1964 budget, to cover wiring required to complete two night-lighted combination softball - little league fields. Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (g15794) AN ORDINANCE to amend and reordain Section ~lll, "Recreation, Parks and Recreational Areas** of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 27, Page Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: 161 162 AYES: Messrs. floeles, Garland, Jones, Follard. Wheeler and Mayor Stoller ................................. 6. NAYS: None ..................O. (Mr. Young absent) BUDGEf-pARKS AND PLAYGROUNDS-TAXES: Council at Its meeting on November I0. 1964. having accepted the offer of Mr. Sam Golden to donate to the City of Roanoke for park and playground purposes all but Lots I and 2 of a 4-acre tract of land bounded by Spruce Street. Brownlee Avenue and Carlisle Avenue. S. E.. described asBIock 3, Eastover Place. Official Tax No. 4340401. the City Manager submitted a written report, adrlslng that the deed conveying the land to the city was recorded on May 13. 1964. and that in effecting the transfer of title it was discovered no part of the real estate taxes for the year 1964 on said property has been paid. the City Manager pointing out that if it was the intent of Council that the property acquired for Golden Park not be charged with any part of the 1964 taxes, then the total 1964 taxes as assessed, should be apportioned according to the land acquired by the city and that reserved by the landowner, the current tax being prorated to May 13, 1964, and recommending that $64.49 be appropriated so that the part of the current tax which is apportioned to the park property can be paid to the City Treasurer. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (gi5795) AN ORDINANCE to amend and reordain Section ZlSO. *Non Depart- mental," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, Page 163.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles. Garland, Jones, Pollard, Nheeler and Mayor Stoller ................................. NAYS: None ..................O. (Mr. Young absent) BUDGET-LAM AND CHANCERY COURT: The City Manager submitted a written report, recommending that $35 be appropriated to Repair Parts - Equipment under Section ~22, "Las and Chancery Court," of the 1964 budget, to repair the Lorgnette receivers Jn the court. Mr. Mheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15796) A~ ORDINANCE to amend and reordain Section s22, "La~ and Chancery Court," of the 1964 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, See Ordinance Book No, 2?, Page 164o) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................. NAYS: None ..................O. (Mr. Young absent) BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, recommending that $R,325.75 be appropriated to Transportation Museum under Section mi?o, *Capital** of the 1964 budget, representing donations made by private citizens for use In connection with the development of tbe Roanoke Transportation Museum. Mr. #heeler moved that Council concur in the recommendation of the City Manager and offered the follouing emergency Ordinance: (mis?g?) AN ORDINANCE to amend and reordain Section mi?O, *Capital** of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27. Page 164.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Bomles, Garland. Jones. Pollard. Wheeler and Mayor Stoller ................................ 6. NAYS: None ..................O. (Mr. Young absent) BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, recommending that $1,237.20 be appropriated to Rockledge Inn Improvement under Section UlTO, 'Capital,* of the 1964 budget, representing donations paid into the City Treasury by the Rockledge Inn Improvement Fund Committee in connection with the remodeling of Rockledge Inn for use as a summer theater by a professional theatrical group. Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (115798) AN ORDINANCE to amend and reordain Section ~170, 'Capital.* of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 165.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bo~les, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................ NAYS: None ..................O. (Mr. Young absent) BUDGET-CITY GARAGE: The City Manager submitted a written report, recommending that $30 be appropriated to Travel Expense and Education under Section 399, *Garage** of the 1964 budget. Mr. Pollard moved .that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance; (~15799) AN ORDINANCE to amend and reordain Section g99, *Garage,* of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27. page 165.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: 163 '164 AYES: Messrs. Boules, Garland, Jones, Pollard,. Rheeler lad Mayor Stoller ................................. 6. NAYS: Noue ..................O. (Mr. Young absent) MATER DEPARTMENT: The City Manager submitted a written report, advising that Mr. Frank L. Oliver, representing Beasmore Chick and Egg Farms, Incorporated, has requested that the City of Roanoke share equally with his firm in the purchase of concrete culvert pipe at a total estimated cost of $750 which the Virginia Department of Highways has agreed to install at four places where Bennett Creek crosses Virginia Secondary Route 740 leading to Carvins Cove from the Bennett Springs side, the City Manager pointing out that the Highway Department has also agreed to grade the road and place gravel On it once the low-water bridges are installed and recommending that the sum o/ $375 be spent by the city for this purpose, After a discusaion of the matter as to the city spending money /or improving county roads, Mr. Garland moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Iheeler and adopted, Mr. Pollard voting no. SEWERS AND STORM DRAINS: The City Manager submitted a ~ritten report, recommmending that he be authorized to negotiate with Alvord, Hurdick and Rowson, Consulting Engineers, with regard to making a study of treating the effluent at the Sewage Disposal Plant by constructing a chlorination plant at a point where the effluent enters Roanoke River and an estimate of the cost of the chlorination plant. Mr. Pollard moved that Council concurln the recommendation of the City Manager. The motion was seconded by Mr. Jones and unanimously adopted. INVITATIONS: Yhe City Manager submitted a written report, transmitting an invitation for the City of Roanoke to be represented at the 51st Annual National Convention of the National Rivers and Harbors Congress which will be held June 2-5, 1964, at the May/lower Dotei in Washington, D. C. Mr. Wheeler moved that the invitation be declined with thanks, The motion was seconded by Mr. Jones and unanimously adopted. BUDGET-WATER DEPARTMENT: The City Manager submitted a written report, recommending that a Senior Meter Reader, Group IS, Step 6, at a salary Of $332.50 per month, be transferred to Meter Repairman, Drade 5 (hourly), Step 5, at a salary of $33~.25 per month. Mr. Pollard moved that Council concur in the recommendation of the City Manager. The motion ~as seconded by Mr. Wheeler and unanimously adopted. BUDGET-PAY PLA~: The City Manager submitted the following report, recommending that certain vacancies in various municipal departments be filled since they are of an emergency nature; "Roanoke, Virginia May la, 1q64 To the City Council Roanoke, Virginia Gentlemen: I would like to recommend that the following employees be authorized to replace existing personnel: WELFARE - (1) Employment of one caseworker° (2) Employment of a caseworker on temporary basis while one of our employees is away on unpaid leave. DIRECTOR OF PUBLIC MORKS - City Garage - One mechanic. Respectfully submitted, SI Arthur $. Ovens City Manager* Mr. Jones moved that Council concur in the recommendations 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, PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager submitted a a 60-foot street between the Itollins Road Bridge over the tracks of the Norfolk and Mestern Railway Company and the newly constructed Mhiteside Street. and recommended that the offer be accepted. Mr. Mheeler 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 adopted, Mr. Jones not voting. SEWERS AND STORM DRAINS: The City Manager having previously submitted a proposal of Langley and McDonald, Consulting Engineers, Norfolk. Virginia, to study the sewer system in the City of Roanoke for a lump sum fee of $1H,OOO, and Council having referred the matter back to him to determine whether or. not the study can be made by city ~ roes and to obtain a proposal from Hayes, Seay, Mattern and Mattern, Architects and Engineers, Roanoke, Virginia, for such a survey, the City Manager submitted a ~ritten report, advising that it would be impossible for the existing city staff to do the proposed study without additional help in both the labor and technical field, and transmitting a proposal from Hayes, Seay, Mattern and Mattern for the preparation of an engineering report on the sewer interceptors and sewer trunk mains within the city, together with a master plan indicating an incremented improvement program, at an estimated cost of $1H,OOO; also, a proposal from Hayes, Seay. Mattern and Mattern for engineering services required in connec- tion with the preparation of a report on se~er submains and se~er laterals within 165 166 the city, together with the development of n master plan for lwprovemeat, at aa estimated cost of $25,000, as well as a communication from the City Planning Commission, advising that the Commission will be satisfied with the employwent of any consulting engineering firm which might be suggested by the City Manager, the City Manager recommending that the study on the sewer interceptors and sewer trunk mains be made as expeditiously as possible with a view of enlarging the scope of the study at some future date. After a discussion of the matter, Mr. Mheeler moved that Couucll accept the proposal of Hayes. Sway, Mattern and Mattern for the preparation of an engineer- ing report on the sewer interceptors and se~er trunk mains within the city, together with a master plan indicating an incremented improvement program, at an estimated cost of $1O,O00. and that the matter be referred to the City Attorney for preparatfo~ of the proper measure. The motion was seconded by Mr. Jones and unanimously adopted. 5IDE~ALE, CURB AND GUTTER: Council having directed the City Manager to furnish a cost estimate for replacing with concrete sidewalk the existin9 brick sidewalks in the downtown business area, he submitted a written report, advising that it will cost approximately $34,200.50 for the area west of Jefferson Street and $12,700.00 for the area east of Jefferson Street, and recommended that the matter be considered during budget study. Mr. Mheeler moved that Council concur in the recommendation of the City Manager and that the matter be referred to 1965 Budget Study. The =orion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: A committee composed of Messrs. Vincent S. Mheeler, Chairman, Roy R. Pollard, Sr., and Benton O. Dillard submitted a written report, recommending that Coancll authorize an addendum to the contract between S. Lewis Lionberger Company and the City of Roanoke for making alterations and repairs to the City Incinerator to provide for the following items in the total amount of $5,314.01: 1. Change Order No. A-2 dated May 6, 1964 $ 842.50 2. Change Order No. A-3 dated May 6, 1964 - Credit 200,00 $ 642.50 3. Memo to Contractor dated 4/29/64 a. New Rolling Steel Door 1,027.26 b. Repair old Rolling Door 97.75 c. Rebulldin9 brick office 1,242.00 2,367.01 4. Memo- Plumbing Items - 4129/64 a. Repairing existing toilets 645.15 b. Repairing floor drains (Stoking Fl.) 439.30 c. Connect up Storm Drains at rear 173.25 1,257.70 5. Runway Conductors (Fire Damage) a. New Insulating Covers for Hoist Conductors (54 pieces) plus labor 969.32 b. Repair roof fan motor (Fire Damage) 78.20 In a discussion of the matter, Mr. Jones raised the question of whether or not the contractor's insurance covers the items caused by fire damages. The City Manager replied that the fire mas caused by city employees; therefore, the contractor has disclaimed any responsibility. After a further discussion of the matter° Hr. Wheeler moved that Council concur in the recommendation of the committee and offered the following Resolution authorizing an addendum to the contract of S. Le~is Lionberger Company: (=15800) A RESOLUTION authorizing an addendum to the contract of July 24, 1963, between S, Leuis Lionberger Company and the City for making alterations, and repairs to the Clty*s Incinerator, (For full text of Resolution, see Resolution Book No, 27, page 166,} Rt, Wheeler moved the adoption of the Resolution, The motion was seconded by Mr, Jones and adopted by the following rote: AYES: Messrs. Bowles. Garland. Jones. Pollard. Wheeler and Mayor ~toller ................................ 6. NAYS; None ..................O, (Mr. Young absent) Mr. Wheeler offered the following emergency Ordinance appropriating $S,314,61: (alSBOI) AN ORDINANCE to amend and reordain Section mi?O, "Capital," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Uook No. 2T, page 166.) Mr. Wheeler moved the adoption of the Ordinance, The motion Has seconded by Mr. Jones and adopted by the followin9 vote: AYES: gessrs. Bowles, Garland, Jones, Pollard. Rheeler and Mayor Stoller ................................ NAYS: None ..................O. (Mr. Young absent) Mr, Jones then moved that the City Attorney and the Insurance Advisory Committee be directed to ascertain whether or not the damages caused by fire are covered by the city's insurance. The motion was seconded by Mr. Wheeler and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SALE OF PROPERTY: Ordinance No.'157~8, providing for the sale of an unus, portion of land conveyed to the City Of Roanoke by Mr. and Mrs. James M. Lee for use in constructing an underpass and approaches to connect Mundy Road and Whiteside Street, N. E., to them, for the sum Of $50 net cash, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Pollard offerinR the following for its second reading and final adoption: ({15780) AN ORDINANCE directing the sale of an unused portion of the real estate originally acquired from Mr. and Mrs. James M. Lee, for the construction of the Mundy Road and Whiteside Street underpass, to them for $50 net cash. (For full text of Ordinance, see Ordinance Book No. 27, Page 160.) '167 168 Mr. Pollard soved the adoption of the Ordinance. The motion uss seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Boules, Garland. Jones, Pollard, Mheeler and Mayor Stoller ................................. NAYS: None ..................On (Mr. Young absent) SALE OF pROPERTY: Ordinance No. 15789, proriding for the sale of propertl located north of Moontain ¥ie~ Terrace and south of Buford Avenue, S. M., between Rolfe Street and Bridge Street, described as Acreage, Olock l, Mountain ¥ie~ Terrace Map, Official Tax No. 1421634, to Mr. Bussell B. Smith, for the sum of $42S net cash, having preriously been before Council for its first reading, read and laid orer, was again before the body, Mr. Pollard offering the following for its second reading and final adoption: (~157B9) AN ORDINANCE directing the sale of Official Tax No. 1421634 to Russell N. Smith for $425 net cash. (For full text of Ordinance. see Ordinance Book No. 27. page 160.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: ALES: Messrs. Bowles, Garland. Jones. Pollard, Wheeler and Mayor Stoller ........................ NAYS: None .........O. (Mr. Young absent) STATE lilGH~AYS: Council having directed the City Attorney to prepare the proper measure authorizing the acquisition of the right of way which is required to properly drain the final project on Interstate Spur SRl and agreeing to bear 15~ of the total cost, he presented same; whereupon. Mr. Garland offered the following Resolution: (glSB02) A RESOLUTION authorizing the City Manager. working in conjunc- tion with the proper officials of the Department of Highways of the Commonwealth of Virginia, to have requisite appraisals made and to undertake to acquire the balance of the real estate needed to properly drain the final project on Interstate Spur 5BI pursuant to the procedure employed on past projects; and agreeing to pay 15 per cent of the total cost of said real estate. (For full text of Resolution, see Resolution Book N~. Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler. and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................. NAYS: None ..................O. (Mr. Young absent) BUDGET-PAY PLAN: Council having directed the City Attorney ~o prepare the proper measure authorizing the City Manager to fill certain vacancies in various municipal departments since they are of an emergency nature, he presented same; whereupon, Mr. Mheeler offered the following Resolution: (s15§03) A RESOLITION authorizing the City Msnager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 27, page 167) Mr. ~heeler moved the adoption of the Resolution. The motion nas seconded by Mr. Pollard and adopted by the folloming vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Mheeler and Mayor Stoller ....................... NAYS: None .........O. (Hr. Young absent) LIBRARIES: Council having directed the City Attorney to prepare the proper measure directing the City Ranager to cause the old Terry Home in Elmwood Park to be demolished and removed as soon as a new location may be obtained for use of the Senior Citizens' Council. he presented same: ~hereupon, Mr. Garland offered the following Resolution: (~1§804) A RESOLUTION directing the City Ranager to cause the old Terry property in Elmwood Park to be demolished and removed as soon as a new location may be obtained for use of the Senior Citizens' Group, (For full text of Resolution. see Resolution Book No. 27. page 160.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Boules, Garland, Jones. Pollard, Mheeler and Mayor Stoller ................................. NAYS: None ...................O, (Mr. Young absent) Hr. Pollard then moved that the City Ranager be directed to keep a constan check on the safety condition of that portion of tho Terry property comprising the old library building until such time as both buildings of the Terry Home are razed. The motion was seconded by Mr. ~ones and unanimously adopted. PARKS AND PLAYGROUNDS-STATE IIIGHWAYS: Council havin9 previously authorized the acquisition of certain tracts and parcels of land for the development of the Mill Mountain-Blue Ridge Parkway Project. Mr. Pollard offered the following Resolution authorizing and directing the deposit into court of the amounts hereto- fore offered the owners of the several properties proceeded against upon immediate right of entry thereon: (m15805) A RESOLUTION relating to the City*s acquisition by condemnation of certain lands for the development of the Mill Mountain-Blue Ridge Parkway Projecl and to the immediate right of entry thereon; and authorizing and directing the deposit into Court of the amounts heretofore offered the owners of the several properties proceeded against. (For full text of Resolution, see Resolution Book No. 27, page Mr. Nheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the follomlng vote: AYES: Messrs. Bowles, Garland. Pollard, Wheelerand Mayor Stoller ..... 5. NAYS: None ............................................................O. (Mr. Young absent, Mr. Jones not voting) 169 170 MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC-SIGNS: Conncil having granted the request of the Roanoke Fine Arts Center that Kirk Avenue. S. M.. between Jefferson Street and First Street. be closed from 6 a.m. to S p.m.. Saturday. June 6. 1964. with an alternate date Of June 13. 1964. for the Sldemalk Arts Festival. Mr. Milliam A. House. Director, Demur*wu Roanoke. Incorporated. appeared before the body on behalf of the Roanoke Fine Arts Center and requested permission to erect a banner across South Jefferson Street fa the rlcinity of Eirk Areflue on or about May 29. 1964. in connection mith the Arts Festival. said banner to remain in place until the festival is held. Hr. Garland moved that Conncil 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. Pollard and unanimously adopted. LICENSES: Mayor Stoller brought to the attention of Council a suggestion Of Mr. Richard Do Jones. former resident of Roanoke. that the City Of Roanoke be advertised on its city automobile license tags to stimulate possible tourist interest. After a discussion of the matter. Mr. Jones Moved that the question be referred to the City Attorney for an opinion as to the legality of such advertising. The motion mas seconded by Mr. Garland and unanimously adopted. Mr. Jones then moved that the matter of placing the advertising on the city automobile license tags be referred to the City Manager for study and report to Council, including an estimate of cost. The motion was seconded by Mr. Boales a~d unanimously adopted. ALCOHOLIC BEVERAGES-TRAFFIC-MUNICIPAL COURT: Council having authorized the Chief Municipal Judge to appoint twenty members of the Police Force as deputy clerks of the Municipal Court with power and authority to issue criminal warrants and processes within the jurisdiction of the Municipal Court as a result of the State Implied Consent La~. Mayor St*lief pointed out that the Judge of the Hustings Court has ruled that the police officers appointed as deputy clerks of the Municipal Court are not *comitting magistrates* as required by the Implied Consent Law. After a discussion of the matter. Mr. Garland moved that the question of appointing committifl9 magistrates under the State Implied Consent Law be referred to the Courts Committee of the Roanoke Bar Association for study, report and recom- mendation to Council. The motion was seconded by Mr. Jones and unanimously adopted. Zoning: Council having previously fez,ned certain properties in the area west of Millfamson Road. N. N.. between Oakland Boulevard and Ravenwocd Avenue. from Special Residence District to General Residence District. Mr. Garland noted that Mr. Larry H. Thacker obtained a building permit to construct an apartment building at 2711 Cedarhurst Avenue, N. R., prior to the date the fez,nlm9 became effective, but that so far Mr. Thacker has taken no action toward construction of theap~tment building. Mr. Garland stating that in vi'ew of the fact the property is nom zoned as a General Residence District, that property owners in the area object to the apartment house, that the City Planning Commission has taken the psoition not more than seven apartments should be constructed on the site rather than the 5R-unit high-rise apartment building proposed by Hr. Thackero and that there is serious doubt the semers in the area are adequate to accomuodote the proposed 'apartment building, be is of the opinion the building permit should be revoked. In this connection, Mr. Richard F. Pence. Attorney, together with a delegation of approximately 60 property owners in the area, appeared before Council in opposition to the proposed apartment building. Mr. Pence conceding that Council did not have the right to refuse to issue the building permit to Mr. ThacheF. but that under the present circumstances under its governuental powers it does have the right to revoke the permit, in which opinion the City Attorney concurred. Mr. J. M. Firebaugh, owner of the property at 2711Cedarhurst Arenue, N. pointed out that Council is dealing with a building permit ~hich mas issued in accordance mith zonin9 regulations in effect at the time and that in his opinion revocation of the building permit would be highly irregular. Mrs. Lewis B. Bailey pointed out that Mr. DuYal Fizer. owner of adjoining property which Mr. Thacker has contracted to purchase at 2717 Cedorhurst Avenue. N. M is quite upset over being put in the position of having to sell his property for the proposed apartment building. Among those speaking in favor of revoking the building permit on the grounds that it will help 200 people rather than one ~ere Mr. Le~is B. Bailey. Mr. L. L. Peters. Mr. B. F. Weir. Riss Carol Bailey. Mr. Ray Bowles and Mrs. E. L. Fitzpatrick. Mr. Melville $. Carico. 4211 Richland Avenue. N.W., pointed out that if the apartment building is constructed a bad drainage problem will result in his neighborhood. In a further discussion of the matter, Mr. Pollard stated that at the time Council rezoned the area from Special Residence District to General Residence District he was under the impression the property owners in that section were reconciled to the fact that Council could not prevent the construction of the proposed apartment building by Mr. Thacker. Mr. Pence replied that the property owners have always been opposed to the construction of the apartment building and that since the property has been rezoned to a General Residence District and the building permit has not been acted upon he feels it is now revocable. Mr. Jones and Mayor Stoller pointed out that Council is opposed to the proposed apartment building, but that to revoke the building permit would be in violation of the law and strikes at the very stability Of city affairs. Mr. Wheeler acknowledged that Council has a moral obligation to the icitizens in the area, but pointed out that from a legal standpoint Council would be making itself vulnerable to a law suit. The matter having been discussed at length, Mr. Garland offered the following Resolution: 171 I72 WA RESOLUTION directing the City Manager to cause a buildln9 permit heretofore issued Larry H, Thacker to be revoked, BE IT BESOLYED by the Council of the City of Roanoke that the City Manager be, and he is hereby, directed to cans, Building Permit No. 50911 issued by the Building Commissioner's office unto Larry H. Thacker to construct an apartment building costing $2OO,0OO at No. 2711Cedarhurst Avenue, ~.W., to be revoked,' Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and lost by the following vote: AYES: Messrs. Bowles, Garland and Pollard ............................... NAYS: Messrs. Jones, Mheeler and Mayor St,lief ..........................3. (Br. Young absent) Mr. Wheeler then moved that the matter be reconsidered at the next regular meeting of Council when Mr, Young is expected to be present. The motion nas sec,nde by Mr. Jones and unanimously adopted. On motion of Mr, Jones, seconded by Mr. Garland and nnanimously adopted, the meeting was adjourned. APPROVED City Clerk Mayor COUNCIL. REGULAR MEETING Monday, May 25, 1964, The Council of the City of Roanohe net in regular meeting in the Council Chamber in the Municipal Building, Monday, May 25, 1q64, at 2 p.m** the regular meeting hour. with Vice Mayor Garland presiding, PRESENT:. Councilmen Ralph K, Uonles, James E. Jones, Roy R, Pollard, Sr, Vincent 5, Mheeler, Malter L. Young and Vice Mayor Robert A, Garland ............. ABSENT: Mayor Murray A. Stoller .......................................1. 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 fl. L, Rice, District Executive Secretary, Church of the Brethren. MINUTES: Copy Of the minnies Of the regular meeting held On Monday. May 11, 1964, 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 furnishing aviation fuel supplies and facilities to Roanoke Municipal (Woodrum) Airport for a five year period beginning July 1, 1964, said proposals to be received by the City Clerk until 1:30 p.m., Monday, May 25, 1964, and to be opened at 2:00 p.m.. before Council, Vice Mayor Garland asked if anyone had any questions about the advertise- ment, and no representative present raising any question, the Vice Mayor instructed the City Clerh to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: Shell Oil Co~ Texaco, Inc? Gulf Oil Corp, 80/87 Octane Gasoline - $.1950 $.1920 $.2400 100/130 Octane Gasoline - .lgSO .2070 .2700 115/145 Octane Gasoline - ,2197 .2220 .2900 Turbine Fuel - ,1574 .1650 ,2000 Mr. Jones moved that the bids be referred to a committee to be appointed by the Vice Mayor for tabulation and report to Council, the City Attorney to prepare the proper measures accepting the proposals of the lowest responsible bidders. The motion was seconded by Mr. Wheeler and unanimously adopted. Vice Mayor Garland appointed Messrs. Roy R. Pollard, Br., Chairman, Arthur 5. Owens. Marshall L. Harris and Bueford B. Thompson as members of the com- mittee. AIRPORT: Pursuant to notice of advertisement for bids on construction of a concrete apron at Roanoke Municipal (Noodrum) Airport, said proposals to be received by the City Clerk until 1:30 p,m,, Monday, May 25, 1964, and to be opened at 2:00 p.m** before Council, Vice Mayor Garland asked if anyone had any questions ~about the advertisement, and no representative present raising any question, the Vic~ Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: 173 17.4 Frye Building Compauy $149.449.55 Regional Coos,ruction Services. Incorporated Jo M. Turner ~ ¢ompeuy. Incorporated Hobertson Construction Company. lucorporated l?l.800oO0 Adams Construction Company 211.424.75 Mr. #heeler moved that the bids be referred to a committee composed of Messrs. Walter L. Young. Chairman. Arthur S. Omens. Marshall L. Harris and H. Cletus HFoyles for tab,Intron and report to Cnuuoll. the City ~ttoroey to prepare the prope measure accepting the proposal of the lowest responsible bidder. The motion mas seconded by Me. Jones and unanimously adopted. PETITIONS AND COMBUNICATIONS: ZONING: A communication from Mr. Harvey S. Lutins, Attorney. representing Mr. H. J. Hernsteln and Henpaul Homes, Incorporated, requesting that property located on the east side of Lukens Street. H. E,. south of Sycamore Avenue, describe( as part of Lots 1-10, inc!usiveo part of Lot 13, and all of Lots 14 and 15, Block K, Williamson Groves Map. Official Tax Nos. 3070301-3070310. inclusive. 3070313. 3070314 and 3070315, be rezoned from General Residence District to Business District was before Council. 04 motion of Mr. Jones. seconded by Mr. Nheeler and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. REPORYb OF OFFICERS: BUDGET-POLICE DEPARTMENT: ~he City Manager submitted a written report. advising that one of the four police dogs dona'ted by private citizens would not take the attack training and had to be returued to the original owner and that since he has been unable to obtain one free that meets the requirements it will be necessary to purchase a fourth dog for $50. the City Manager recommending that Council appropriate $50 for this purpose. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15806) AN OROINANCE to amend and reordain Section ~60, 'Folice," of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 27, page lb9.) Mr. ~heeler moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Bo~les, Jones, Pollard, Mheeler, Young and Vice Mayor Garlan~ ......... k ...................Lb. NAYS: None .................O. (Mayor Stoller absent) RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS-SCHOOLS: Council having previously approved the purchase of a 7.83-acre tract of land surrounding the FAA Radio Range at Andre~s Road and Nineteenth Street Extension. N. ~** designated as Oiflcial Tax No. 2~40103; at 505 of its ~ppraised value of $11,745. for park purpose the [ity Manager submitted a written report, advisin9 ~hat he did not recognize at th time the purchase was authorized there is a restricted area within the property, to which he sees no objection as It will only be for a limited time before the easement will be of no value to the federal gOVeroaent, and, in all probability, will be abandoned et that time, the City Manager advising he still recommends the purchase of the property and recommending that Council indicate it bas no objection to the federal government retaining the easement end reaffirm its approval of the purchase or the land. Ur. #heeler moved that Council concur in the recommendation of the City Hnnnger. The motion was seconded by MFo Jones and unanimously adopted. DUDGET-PAT PLAN: The City Manager submitted the following report, recom- mending that certain vacancies in various municipal departments be filled since they are of an emergency nature: *Roanoke, Virginia May 25, 1964 To the City Council Roanoke, Virginia Gentlemen: The Yollowlng employees are needed for the efficient operation of the City: HEALTH DEPARTMENT - Sanitarian - Housing and Hygiene Group 11, 5tap 1 AUDITOR - The attached letter from Mr. J. Robert Thomas requesting authorization to employ a Posting Clerk and a Payroll Clerk is of such an emergency nature that I recommend 'that you adopt the enclosed resolution. WATER DEPARTMENT - ~hift Standby Man, Grade 5 DIRECTOR OF PUBLIC MORKS - Sanitation Division Three Disposal Laborers - Group lO One Loadpocker Driver - Group 6 Two Dump Truckers II - Group 7 The attached letter with reference to the employment of a Clerk-Dispatcher is concurred in by me. Respectfully submitted, S/ Arthur S. Owens City Managers Mr. Young moved that Couccil concur in the recommendations of the City Manager and offered the following Resolution authorizing the filling of the two vacancies in the office of the City Auditor: (=15807) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 27, page 170.) Mr. Young moved the adoption of the Resolution. The motion was seconded b~ M¥o Pollard and adopted by the following vote: AYES: Messrs. Bowles, Jones, Pollard, Wheeler, Young and Vice Mayor Garland ............................... 6. NAYS: None .......-~ ........ O. (Mayor Stoller absent) 176 Mr, Young then moved that the City Attorney be directed to prepare the proper measure carrying out.the remaining recommendations of the City Manager, The motion mas seconded by Mr, Mb*cleF and unanimously ~dopted, CITY AUDITOR: The City Auditor submitted a financial report for the mouth of April, 1964. On motion of Br, Rheeler, seconded by Mr, Pollard and unanimously adopted, the report was filed, STREETS AND ALLEYS: Council baring referred a request of the Garden City Civic League that it be determined whether the road through the Roanoke Industrial Center is a public or private street to the City Attorney for a legal opinion, the City Attorney submitted a written report, advising that no street within said property has been formally dedicated, however, it is his understanding the present ann*rs of this property have arranged a conference with the City Manager for the purpose of discussing the dedication of such streets to the city, Mr. Pollard moved that the report be filed and that a copy thereof be forwarded to the Garden City Civic League. The motion was seconded by Mr. Jones and unanimously adopted. ZONING: Council havin9 referred to the City Plannin9 Commission for study, report and recommendation the request of Mr, H. Webb Maddox that property located on the north side of Thnrston Avenue, N. E.. between Wllliamson Road and Courtland Boad, described as Lots 35 and 36, Block C, Williamson Grove~, Official Tax No. 3080922, be rezoned from General Residence District to Business Distrct, the City Planning Commission submitted a written report, recommendin9 that the request be 9ranted. Mr. Wheeler moved that a public hearing on the matter be held at 7:30 p.m., July 6, 1964. The motion was seconded by Mr. Jones and unanimously adopted. ZONING: Council having referred to the City Planning Commission for property located on the northeast corner of Church Avenue and Eleventh Street, S. described as Lots I and 2, Block 6, East Side Land Company, Official Tax Nos. 4111409 and 4111410, be rezoned from General Residence District to Light Industrial 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.. July 6, 1964. The motion was seconded by Dr. Jones and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation the request of Hospital Service Association of Roanoke, et al., that property located on the east side of Third Street, $. between Albemarle Avenue and Walnut Avenue, described as Lots 2, 3 and 6, Block llt Official Survey S. Wa 3, O~ficial T'ax Nos. 1023102,' 1023103 and 1023104, be rezoned from Special Residence District to Business District, the City Planning Commission submitted a written report, recommending that the request be granted. Hr. Nheeler moved that a~public hearing on the matter be held it 7:30 p.m., July 6, 1964. The motion was seconded by Hr. Jones uud unanimously adopted~ STREETS AND ALLEYS: Council having referred to the City Planning Con- mission for study, report and recommendation the request or Miss Nary R. Witt that · 15-foot alley running parallel to Jefferson Street and First Street. S. E.o extending from Albemarle Avenue in a northerly direction approximately 157,5 feet to another alley, and lying between Lots S and 6 and Lot 10, Block 10, Official Survey S. E, 3, be vacated, discontinued and closed, the City Planning Commission submitted a written report, recommending that the request be granted, Council having also appointed viewers in connection with the petition, th* viewers submitted a written report, advising that they have viewed the alley and adjacent neighborhood and are unanimously of the opinion that no inconvenience would result, either to any individual or to the public, from vacating, discon- tinuing and closing said alley. Mr. Wheeler moved that the report of the viewers be received and filed. The motion was seconded by Mr. Jones and unanimously adopted. Mr. Wheeler then moved that a public hearth9 on the matter be held at 7:30 p,m** July 6, 1964. The notion was seconded by Mr. Jones and unanimously adopted. REPORTS OF COMMITTEES: NONE. UNFINISRED BUSINESS: BUDGET-SCHOOLS: Council havln9 deferred action until the present meeting on the request of the Roanoke City School Board that $1,200 be transferred from Contingencies under Section ~13000, "Schools-Miscellaneous," to Repair and Upkeep of Building and Equipment under Section ~7000, "Schools-Maintenance of Plant and Equipment," of the 1964 budget, and that $1,000 be transferred from Contingencies under Section ~13000. WSchools-Miscellaneous," to Upkeep and Operation of Trucks under Section ugo00, *Schools-Food Services** of the 1964 budget, pending receipt of information us to the reasons for the transfers, the matter was .again before the body, In this connections a communication from Mr+ A, F, Fisher, Business Manager and Clerk of the Roanoke City School Board, explaining that the.S1,200 transfer is necessary because of heavy expenditures for maintenance of the William Fleming High School and that the $1.000 transfer is necessary because the original appropriation was under estimated, was before Council. Mr. Jones moved that Council concur in the request and offered the following emergency Ordinance: (~15808) AN ORDINANCE to amend and reordaJn certain sections of the 1964 Appropriation Ordinance, and providin9 for un emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 170.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr, Wheeler and adopted by the following vote: 177 17.8 AYES: Messrs. Bowles. Jones, Pollard, Nh*el*r, Young and Vice Mayor Garland ............................... 6. NAYS: None .................O. (Nayor Stol]er absent] ZONING: Council at Its last regular meeting having defeated a Reno]uriah directing the City Manager to cause a building permit heretofore issued to Mr. Larry H. Tbacker to construct an apartment building at 2711Cedarhurst Avenue. N. M., to be revoked, by a 3-3 vote, and having voted unanimously to reconsider the matter at the present meeting of the body due to the absence of Mr. Young, the matter was again before Council. Ia this connect/on, Mr. Nlchard Po Pence, Attorney, together wltb a delegation of approximately 45 property owners In the area, appeared before Council in opposition to the proposed apartment building, Mr. Pence suggesting that instead of considering the Resolution defeated at the last me*tin9 of the body a new Resolution declaring the building permit invalid be considered. In a discussion of the matter as to whether or not the city would be liable to a law suit in the event the permit is declared invalid, Mr. Pence stated that the city would not be subject to a suit for damages, but that Mr. Thackor could sue to have the building pernit declared valid, Mr. Pence pointing out that there is a division of opinion in various states as to uhether or not a permittee ~ould have a vested right in such instance, but that a similar case has never been presented to the Virginia Supreme Court of Appeals. The City Attorney agreed that the city would not be liable to a damage suit, hut pointed out that Council is a legislative body and in declaring the building permit invalid it would be taking on a judicial role, it being his opinion the property owners in the area should take the matter of invalidating the building permit to court. Mr. Pence pointed out that if Council declares the building permit inyalld it will be up to Mr. Thacker who stands to make a profit on the proposed apartment building to bear the cost of taking the matter to court. Among the citizens speaking in oppoisition to the proposed apartment building were Mr. T, i. Whitmer, Jr., Mr, Lewis B, flail*y, Mr, ~lmer S. Pilliso Hr. J. M. Hurst, Mr. A. E. Coulter and Mrs. Marry p. Cowley. The matter having been discussed at length, Vice Mayor Garland relinquished the Chair to Rt. Yonug and offered the folloulng Resolution: (~!$809) I RESOLUTION declaring invalid a building permit heretofore issued to Larry H. Thacker. (For full text Of Resolution, see Resolution Rook No. 27, page ltl.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Bowles and adopted by the following vote: AYES: Messrs. Bowles, Garland, Pollard nod Chairman Young .............. 4. NAYS: Messrs. Jones and Mheeler ........................................ 20 (Mayor Stoller absent) Mr. Young then offered the following emergency Ordinance appropriating $145 to cover the refund to Mr, Yhacker: (#15810) AN ORDINANG~ to emend and reordain Section alSO. 'Non- Departmental.# of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 27. page 172.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrso Bomles. Jones. Pollard. Wheeler. Young and Vice Mayor Garland ............................... NAYS: None ................ O. (Mayor Stoller abseat) CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF OROINANCES AND RESOLUTIONS: BUDGET~PAy PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in variou! municipal departments since they are of an emergency nature, he presented same; whereupon. ~r. hheeler offered the following Resolution: (~15~11) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution. see Resolution Rook No. 27. page Mr. Wheeler moved the adoption of the Resolution. The motion was sec,nde[ by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Jones, Pollard, Wheeler, Young and Vice Mayor Garland ............... ~ ............... NAYS: None .................O. (Mayor Stoller absent) PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council having directed the City Attorney to prepare the proper measure accepting the offer of the Appalachian Power Company to exchange land in connection with the construction Of a 60-foot street between the Rollins Road Bridge over the tracks of the Norfolk and Western Railway Company and the newly constructed Rhiteside Street. he presented same; whereupon. Mr. Pollard moved that the following Ordinance be placed upon its first reading: (~15812) AN ORDINANCE accepting the offer of Appalachian Power Company to exchange certain real estate in connection with the proposed new road between the newly established Whtteslde Street and the old Rollins Road Bridge over the Shenandoah Division tracks of the Norfolk and Western Railway Company, upon certain terms and conditions. WHEREAS. both the Director of Public Works and the City Manager have recommended the adoptioo of this ordinance, in which recommendation this Council concurs, THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be. and they are hereby, authorized and directed to execute :1.79 t80 a deed of bargain and sale, after the same has been approved by the City Attorney, pursuant to mblcb the City of Roaaoke will grant and convey its real *sister being Official Tax No. 3280202 and shown in green on a plat on file in the office of the City Clerk, unto Appalachian Power Company in exchange for a portion of said Power Companyts Official Tax Lot No. 2280102 as shown in red together mith the slope easement also shown in red on the aforesaid plat and. fo addition to the exchange of said properties and as a further consideration therefor, the City doth hereby agree to perform, at the proper time. all other terms imposed upon it in a letter to H. Cletus Broyles. Director of Public Works of the Glty of Roanoke. from Wo ¥. Erebs, Assistant Division Superintendent of Appalachian Power Company, bearing date of May 5, 1964, on file in the office of the City Clerk and to which said letter is annexed the plat hereinabore referred to, and the City Attorney is hereby directed to do the necessary in the premises. The motion was seconded by Mr. Mheeler and adopted by the follonlng vote: AYES: Messrs. Bowles, Pollard, Wheeler, Young and Vice Mayor Garland ................................. 5. NAYS: None ................... O. (Mayor Stoller absent, Mr, Jones not voting) SEWERS AND STORM DRAINS: Council having directed the City Attorney to . prepare the proper measure accepting the proposal of Hayes, 5eay, Mattern and iMattern, Architects and Engineers, for the preparation Of an engineering report on the sewer interceptors and sewer trunk mains within the City Of Roanoke, together a master plan indicating an incremented improvement program, at an estimated cost of ~lO,O00, he presented same; whereupon, Mr. Wheeler offered the following Resolution: (n15813) A RESOLUTION accepting the proposal of Hayes, Seay, Mattern and M~ttern, Architects and Engineers, for the preparation of on engineering report on the sewer interceptors and sewer trunk mains within the City of Roanoke, together with a master plan indicating an incremented improvement program, at an estimated cost of $18,000 to the City; and also authorizing a search for areas where sewers commingle or enter the streams and have such conditions, if any be found, programmed for corrective measures, (For full text of Resolution, see Resolution Book No. 27. page 173,) Mr, Wheeler moved the adoption of the Resolution. The motion sas seconded by Mr. Young and adopted .by the following vote: AYES: Messrs. Bowles, Jones, Pollard. Wheeler, Young and Vice Mayor Garland ............................. NAYS: None ................ O. (Mayor Stoller absent) Mr, Wheeler then offered the followin9 emergency Ordinance appropriatin9 $18,000: (~15814) AN ORDINANCE to amend and reordain 'Non Operating Expenses' of the 1964 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordioance. see Ordinance Book No. 27, page 173,) Mr. Mheeler moved the adoption of the Ordinance, The motion was seconded by Hr. Young and adopted by the following vote: .AYES: Messrs. Boules, Jones, Pollard, iheeler, Young and Vice Mayor Garland ............................... NAYS: None .................O, (Mayor St,lieF absent) TRAFFIC-SIGNS: Council having directed the City Attorney to prepare the pr,per measure granting permission to the Roanoke Fine Arts Center to erect a banner across South Jefferson Street in the vicinity of Kirk Avenue on or about May 29. 1964, in connection with the annual Outdoor Arts Festival to be sponsored b~ the Roanoke Fine Arts Center on June 6, 1964,-with an alternate date of June 13, 1964. he presented same; whereupon, Mr. Jones offered the f,Il,Ming Resolution: (~15815) A RESOLUTION authorizing the City Manager to permit the Roanoke Fine Arts Center to install a banner across Jefferson Street in connection with its annual Outdoor Arts Festival. (For full text of Resolution. see Resolution Hook No. 27. page 174.) Mr. Jones moved the adoption of the Resolution. Yhe motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Howles. Jones. Pollard. Nh,el,r. Young and Vice Mayor Garland ............................... 6. NAYS: None .................O. (Mayor Stoller absent) MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS: Council having previously awarded the contracA for the paving of streets at various locations in the city to Virginia Asphalt Paving Company. Incorporated. in the total amount of $245.000. Mr. Wheeler pointed out that the unit price of the contract is $.50 a ton lower this year than last year and that an additional $67.000 in maintenance funds is expected from the Virginia Department of Highways; therefore, he is Of the opinion an addit~l $50.000 should be appropriated for the blacktopping program. In reply to a question from Mr. Nh,el,r. the City Auditor warned that Council has under consideration a number of projects for which funds are not included in the budget and that he doubts the wisdom of any extensive appropriations at this time. The City Manager voiced the opinion that the city should use the addi- tional funds from the Highway Department to extend the blacktopping program. Mr. Jones pointed out that this amount is already covered by the present program. After a further discussion of the matter, it being pointed out that the present program will be completed around Jull 1S. 1964. and Council b, in9 of the opinion that it will have a clearer picture of the financial statns of the city at that time. Mr. Jones moved that the question be carried over for the time being. The motion was seconded by Mr. Young ~nd unanimously adopted. 181 MATER DEPARTMENT: Mr. Jones culled attention to complaints of Ion mater pressure from citizens In certain areas of the Nllliamson Road section smd moved that the City Manager be directed to determine the pressure in such areas, to ascertain from Mr. Malcolm Plrnie, Consultlcg Euglceer, the cost of a study to determine If anything can be added to the treatment of the mater to prevent clogging of galvanized pipes ia the homes in said areas, and to report back to Council. The motion was seconded by Mr. Young and unanimously adopted. AUDITORIUM-COLISEUM: Mr. Jones, representative of the Council of the City of Roanoke on the Roanoke Valley Civic Center Study Committee, advised Council that the committee has suggested consideration he given to construction of a coliseum in Salem and an auditorium in Roanoke by the five Roanoke Valley governments, but that he does not feel the committee has had sufficient time to reach a final decision and that it should make a formal recommendation to the five political subdivisions before any action is taken. After a discussion of the matter, Mr. Mheeler moved that Council continue to participate in the Roanoke Valley Civic Center Study Committee until such time as Mayor COUNCIL, REGULAR MEETING. Monday. June 1, 1964. The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Building, Monday, June 1. 1964, at 7:30 p.m** with Mayor Stoller presiding. PRESENT: Councilmen Ralph K. Bowles. Robert A. Garland, James E. Jones, Roy R. Pollard, Sr.. Vincent Stoller ............................... 7. ABSENT: None ............... OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. Ranolph G. Rhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend A. C, Agnew, Pastor, First Evangelical United Orethren Church. MINUTES: Copies of the minutes of the regular meeting held on Monday, May lO, 1964, and the regular meeting held on Monday, May 25. 19h4, 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: LIBRARIES: Pursuant to notice of advertisement for bids on the construc- tion of the Milliamson Road Branch Library, said proposals to be received by the City Clerk until 5:00 p.m., Ronday, June l, 1964, and to be opened at T:30 p.m., before Council. Rayor Stoiler asked if anyone had any questions about the advertise- ment, and no representative present raising any question, the Rayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: Southwest Building Corporation - $68,T85.00° Valley Contractors Corporation - 69.T00.00° Regional Construction Services, Incorporated - 740990.00 R. W. Bowers Construction Corporation - T6,000.O0 H. A. Lucas ~ Sons, Incorporated - 76,600.00 Matts and Breakell, Incorporated - ?7.000.00 Frye Building Company - 94,500.00 * Does not include electrical work. Mr. Jones 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. Garland and unanimously adopted. Mayor St,lief appointed Messrs. Walter L. Young, Chairman, Roy R. Pollard, Sr., Vincent S. Wheeler and Rilllam L. Whitesides as members of the committee. ZONING: Council having previously set a public hearing for 7:30 p.m., June 1, 1964, on the request of C ~ C, Incorporated, that property located on the northwest corner of Highland Avenue and First Street, S. E., described as Lot 183 184 Bloch 5, Official Survey S. E. 3. Official Tax No. 4020710. be rezoned from Special Residence District to Dusiness District, the hatter was before the body. In this connection, the following communication from the City Planning Commission. recommending that the request be denied, nas before Council: "April 16, 1964 The Honorable Murray. A. StolleFe Mayor and Members of city Council Roanoke, Virginia Gentlemen: The City Planning Conmlssion considered the abore rezoniog request at its regular meeting of April 15, 1964. Mr. Morton Honeyman, attorney for the petitioners, expJaioed that it is proposed to use the lot for a commercial off-street parking lot. In addition, the erection of a commercial building is contemplated as the need may develop in the future. In discussing this request, the City Planning Commission noted that the character of the area aloog First Street is residential. Although the property under consideration abuts a business zone, it appears not advisable to extend business use into a residential area. The long-range development plan indicates an office and institutional district for all of the area generally hnnwn as Orchard Hill. The Planning Commission therefore concluded that Jt would be detrimental to present and future proposed land use if this lot is rezofled for an outright business use. The City Planning Commission therefore recommends to City Council that the above rezoning request be denied. Respectfully submitted, S/ Nerner K. Sensbach for Henry H. Hoynton Chairman" Mr. Ernest M. Ballon, Attorney. representing Mrs. Helen P. RcClanahan ant Mrs. C. Talbott Young, appeared before Council, advising that his clients object to their residential property facing a commercial parking lot, that they do not believe any rezoning in the area should be considered until after the Community Hospital is completed and then the entire area should be considered at one time. Mr. Evans B. Jessee, Attorney, representing Mrs. Mary H. Kucera, Mr. $. Lyne Sample and Mrs. Ann D. Gardner. also appeared in opposition to the proposed rezoning. Others appearing in opposition to the request for rezoning Mere Riss Viola Bo Carner and Mr. and Mrs. Thomas M. Cox. Mr. Morton Honeyman, Attorney, representing C ~ C, Incorporated, made a verbal request that his client be permitted to withdraw the petition for rezoning with a viem of applying to the Board of Zoning Appeals for a non-conforming permit. ~estern Railway Company; Eighth Street. N. E., betmeen Indiana Avenue and Mohawk Avenue; and an alley running east and mest between Hollins Road and the tracks of the Norfolk and ~estern Railway Company, paralle~ to Indiana Avenue nnd aohamk Avenue, be vacated, discontinued end closed, the matter was before the body. In this connection, the following communtcatlen from the City Planning Commission. recommending that the request be granted, was before Council: "May 7. 1964. The Honorable Murray A. Stoller. Mayor, and Hembers of City Council Roanoke, Virginia Gentlemen: During its May 6, 1964 meeting the Planning Commission considered the above street closing request. The Commission was informed that Blue Ridge Transfer Company is attempting to consolidate various properties in this area in order to construct new facilities on the premises. Having made field Inspection and after due consideration of all pertinent factors involved, the Planning Commission concluded that; (a) the elimination of the above identified stree~ and alley would not cause any inconvenience to general traffic: (b) that it does not interfere with proposals outlined in the major highway plan, and (c) that the consolidation of property in an industrial area is feasible in order to gain larger industrial sites required by modern industries. The Planning Commio~ion therefore recommends to City Council that the above named streets and alley be vacated, discontinued and closed, the City retaining necessary easement~ £or public utilities, Sincerely yours, $/ Warner K.Sensbach for B. N, Embank Vice-Chairman* Council having appointed viewers in connection with the application, the viewers submitted a written report, advising that they have viewed the streets and alley and the adjacent neighborhood an~ are unanimously Of the opinion that no inconvenience would result, either to any J~ ividual or to the public, from vacatin discontinuing and closing same. Mr. 6. Marshall Mundy, Attorney, representing Blue Ridge Transfer Company Incorporated, appeared before Council in support of the request of his client. No one appearing in opposition to the request, and it appearing that the draft Of Ordinance vacating, discontinuing and closing the streets and alley does not provide that the city retain necessary easements for public utilities as recommended by the City Planning Commission. Mr. Wheeler moved that the Ordinance be amended to include an easement clause. The motion was seconded by Mr. Pollard 185 t'186 37 and 38, Deanwood Terrace, from Bolllns Bond, N. E., to the Norfolk and lesterm Shenandoah Valley Division rniliny tracks; (b) that portion of that certain unopened paper alley which rums generally in an east-west direction through Blocks 37 and 38, Deanwood Terrace, from mullahs Road, N.B** to the Norfolk ad Bestero Shenandoah Valley DivisiOn railway tracks; and (c) that portion of that certain unopened street known as Eighth Street which runs generally in n north-south direction between Block 37 and aR, Deanwood Terrace, from Indiana Avenue, N. E., to Mohawk Avenue. WHEREAS, Blue Ridge Transfer Company, Incorporated, has heretofore filed its petition before the Council of the City of Roanoke, VlrRinia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the above- described certain portions of certain streets and alley, and that due notice of the filing of said petition was given to the public as required by lam; and WHEREAS. in accordance with the prayers of said petition, viewers were appointed by the Council on the 13th day of April, 1964, to rle~ the property and to report in writin9 whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said portions of said streets and alley; and WHEREAS, it appears from the written report of viewers filed with the City Clerk on May 5, 1964, that no inconvenience would result either to any lfldividu or to the public fro~ permanently vacating, discontinuing and closing said portions of said streets and alley; and WHEREAS. Council at its meeting on April 13, 1964, referred the petition to the City Planning Commission, which Commission in its report before Council on May 11, 1964, recommended that the said portions of said streets and alley he closed and WHEREAS, a public hearing was held on the question before the Council at its meeting on the isa day of June, 1964, at 7:30 p.m., after due and timely notice thereof wa~ published in "The Roanoke World-News** at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing the said portions of said streets and alley, as recommended by the City Planning Commission, and that. accordingly, said portions of said streets and alley should be permanently closed, THEREFORE, BE IT ORDAINED by the Council Of the City of Roanoketbat those streets and alley, In the City of Roanoke, Virginia, described as follows, to-wit: fa) That portion of that certain unopened paper street known as Indiana Avenue, N.£., which runs generally in an east-west direction along the northerly lines of Blocks 37 and 38, Deanwood Terrace, from Hollins Road, N E., to the Norfolk and Western 3henandoah Valley Division railway tracks; (b) That portion of that certain unopened paper alley which runs generally in an east-west direction through Blocks 37 and 38, DeanWoOd Terrace, from HoJlins Road, N. E., to the Norfolk and Western Shenandoah Valley Division railway tracks; and (c) That portion of that certain unopened paper street known as Eighth Street, N. Eo. which runs generally in a north- south direction between Dloohs 37 and 38, Deaomood Terrace, frow Indiana Aveuueo N, E** to Rohawh Avenue. be, and they hereby are, 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 hereby are, released Insofar as the Council of the City Of Roanoke is ewpouered so to do, the City of Roan,he reserving unto itself, however, a per- ~etual easement for sewer lines, drains, mater lines and other public utilities whicJ may now he located ia and over the aforesaid streets and alley. DE IY FDRTHER ORDAINED that the City Engineer be, and he hereby is, directed to mark *permanently vacated* off the said portions of said streets and alley on all maps and plats on file in his office on which said streets 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. DE IT FDRTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of Roanoke. Virginia. 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 which are shown said portions Of said street~ and alley, as provided by la~, and that, if .o requested by any party in interest, be may record the same in the deed book in his office indexing the same in the name of the City of Roanoke as grantor and Jn the name of any party in interest who may request it as grantee. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles. Garland, Jones, Pollard. Wheeler. Young and Mayor Stoller .......................... 7. NAYS: None ..................O. FIRE PREVENTION: Council having previously set a public hearing for 7:30 p.m., June 1, lg64, on the question of amending the Fire Prevention Code in order to improve and modernize same, the matter was before the body. Mr. Robert E. Mullen. Jr** and Mr. Philip E. Montano, members of the Fire Prevention Committee Of the Chamber of Commerce, and Captain Clayton D. Sink and Assistant Chief Luther C. Wingery, members of the Fire Department, appeared before Council for a discussion of the proposed amendments prepared by the Fire Prevention Committee and officials of the Fire Department. In a discussion of the proposed amendments, Mr. Jones pointed out that Section 28.1B requires that utilities in vacant buildings be shut off and suggested that this requirement be waived for vacant buildings with sprink~rsystems. After a discussion of the proposed amendments, no citizen appearing with regard thereto, and the members of the Fire Prevention Committee and the Fire Department voicing the opinion that the proposed amendments are a necessary step forward in performing the work of the Fire Department, and Council being of the opinion that the exemption for vacant buildings with sprinkler systems should be 187 188 Included in the proposed amendments. Mr. Wheeler moved that the follouing Ordinance be placed upon Its first rending: (~15817) AN ORDINANCE to amend Chapter 2. 'Fire Prevention' of Title XIY. *Fire Protection* of The Code of the City of Roanoke. 1956, by adding a new article thereto, the tame being Article IV. *Fire Prevention Bureau*. and adopting, by reference, a Fire Prevention Code therefor. (For full text of Ordinnnce, see Ordinance Rook No. 27, page I04,) The motion uas seconded by Mr. Pollard and adopted by the follouin9 vote: AVES: Messrs. Bowles, Garland, Jones. Pollard. Mheeler, Young and Mayor Stoller ........................... 7. NAYS: None ..................O. RECREATION DEPARTMENT: A group of members of the Pine Valley Golf Club appeared before Council, with Mr. Lawrence tl. Bamlar acting as spokesman, and · requested that the body provide facilities for a public golf course in the City of Roanoke by whatever manner most convenient to Council, Mr. Hamlar advising that the Pine Valley Golf Club has constructed a nine-hole golf course in Eingstown, Virginia, because there is no better local facility open to the meabers of the club and that the members hare to travel to other cities to play on an eighteen-hole golf course, said cities having either leased or purchased the courses for the use of all of their citizens. In a discussion of the matter. Mr. Pollard pointed out that all of the local golf courses are located in the county and suggested that possibly the group should contact the Board of Supervisors of Roanoke County. Mr. Hamlar replied that bis group feels the public support of the Council of the City of Roanoke for the opening Of public golf courses to all citizens would be a great help to the Negro golfers in the Roanoke area. After a further discussion of the matter, Mr. Mheeler moved that the request be referred to the City Manager for investigation and report to Council. Th~ motion was seconded by Mr. Pollard and unanimously adopted. PETITIONS AND COMMUNICATIONS: SEWERS AND STORM DRAINS: A Resolution of the Board of Supervisors of Roanoke County. requesting that the contract betmeen the City Of Roanoke and the County of Roanoke dated September 28. 1954, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a 303.07-acre tract of land owned by the Double T Corporation and located west of U. S. Route 220 and north of the Blue Ridge Parkway, was before Council. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the request was referred to a committee composed of Messrs. Walter L. Young, Chairma~ Arthur S. Owens, Randolph G. Mhittle and Roy L. Webber for study, report and dation to Council. SIGNS: A communication from Messrs. S. R. Sandell and John J. Ramsey, operators of the Lazy Susan Restaurant. ~63T Wtlliamson Road, N. M., requesting permission to encroach on city property approximately 24 inches for the porpose of erecting a supporting pole for an addition to an existing sign in front of the property, mas before Council. On motion of Mr. Young, seconded by Mr. Jones and unanimously adopted, the request mas referred to the City Manager for study, report and recommendation to Council. ZONING: Council having previously set a public hearing for 7:30 J21y 6. 1964, on the request of Hospital Service Association of Roanoke, et al** that property located on the east side of Third Street. S. M., betueen Albemarle Avenue and Malnut Avenue, described as Lots 2. 3 and B. Block il, Official Survey S. M. 3, Official Tax Nos. 1023102, 1023103 and 1023104, be reaoned from Special Residence District to Business District, a communication from Mr. John L. Walker, Jr. Attorney, representing the petitioners, requesting permission to withdraw the )otition for rezoning inasmuch as the petitioners intend to apply to the Board Of Zoning Appeals for a non-conforming permit, was before the body. Mr. Wheeler moved that Council concur in the request for permission to withdraw the petition for rezoniflg. The motion was seconded by Mr. Jones and unanimously adopted. SCHOOLS: A communication from Mr. Clarence M. Haskins, pointing out that be mill complete his third term as a member of the Roanoke City School Board on June 30, 1964. and requesting that he not be considered for reappotnt~ent for another term sincq he sill not be able to accept such appointment if tendered, was before Council. On motion of Mr. Young, seconded by Mr. Mheeler and unanimously adopted, the City Attorney was directed to prepare the proper measure expressing the a~preciation of Coancil for the services rendered by Mr. Hawkins as a member of the School Board. SCHOOLS: A communication from Mr. J. P. Cruickshank, tendering his resignation as a member of the Roanoke City School Board effective June 30. 1964. or earlier, ~as before Council. Mr. Wheeler moved that the resignation be accepted and that the City Attorney be directed to prepare the proper measure expressing the appreciation of Council for the services rendered by Mr. Cruickshank as a member of the School Board. The motion was seconded by Mr. Young and unanimously adopted. In this connection, Mr. Young pointed out that Mr. David B. Burrows has also requested that be not be considered for reappolntment to the Roanoke Cit~ School Board and moved that the City Attorney be directed to prepare the proper measure expressing the appreciation of Council for the services rendered by Mr. Burrows as a member of the School Board. The motion was seconded by Mr. Wheeler and unanimously adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending that certain street lights be installed at various locations in the City of Roanoke. 189 190 Mr. Rheeler moved that Council concur in the recommendation of the City R~nager and offered the followlag Resolution: (#1581R) 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. 27, page 175.) Mr. Rbeeler moved the adoption of the Resolution. The motion uas seconde, by Nc. Pollard and adopted by the foilouJng rote: AYES: Nes~rs. Bowles. Garland, Jones. Pollard. Wheeler. Young and Mayor Stoller ................. 7. NAYS: None ......... O. RUDGET-COMMISSIONER OF REVENUE: The City Manager submitted a written report, recommending that $129.89 be appropriated to Office Furniture and Equipment - New under Section ~5, "Commissioner of Revenue." of the 1964 budget, to provide fo] the purchase of two Rates Numbering Rachfnes and Pronto Flies and Guides. Mr. ~heeler moved that Council, concur in the recommendation of the City Manager and offered the following emergency Ordinance: (Z15019) AN ORDINANCE to amend and reordain Section ~S, "Commissioner of Revenue," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 27. page 176.) Mr. Wheeler m~/ed the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES; Messrs. Bowles, Garland, Jones, Pollard, Nheeler, Young and Mayor Stoller ........................... ?. NAYS: None .................. O. BUDGET-DEPARTMENT OF PUBLIC MORKS: The City Manager submitted a written report, advisifl9 that both printing machines in the Department of Public Works have broken down within the past few months, and recommended that $199.50 be transferred from Operational and Construction Equipment - Additional to Operating Supplies and Materials under Section ~80, 'Engineering," of the 1964 budget. Mr. Wheeler moved that Council concur in the recommendation of the City that a Change Fend in the amonnt of $50 be established for use in the Department of Parks and Recreation for this purpose. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~15021) A RESOLUTION establishing a change fund in the Department of Paths and Recreation. (For full text of Resolution, see Resolution Book No. RT.,page 177.) Mr. Pollard moved the adoption of the Resoletion. The motion nas seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Domles, Garland, Jones, Pollard, Mheeler. Young and Mayor Stoiler .......................... ~AYS: ~one ..................O. Mr. Mheeler then offered the following emergency Ordinance appropriating $50: (#15822) AN ORDINANCE to amend and reordain Section Sill, "Recreation. Parks and Recreational Areas," of the 1964 Appropriation Ordinance, and providing fo] au emergency. (For full text of Ordinance. see Ordinance Book No. 27, page 177.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the folio]lng vote: 191 192 one-third of'the cost nnd the total cost of the project does ant exceed $75,000, the City Manager recommending that Council accept the offer of the AdJutnnt General and express its mllliagness to bear one-third of the cost of the project. M~ Nheeler moved that Council concur in the recommendation of the City Msnager and offered the following Resolution: (Zl5823) A RE$OLUTIOB conditionally authorizing aa addition to the Roanohe Army Bational Guard Armory; and expressing the City's willingness to bear ooe-tbfrd of the cost thereof. (For full text of Resolution, see Resolution nook No. 2Yo page 178.) Br. Mheeler moved the adoption of the Resolution. The notion was seconde~ by Mr. Young and adopted by the following vote: ' AYES: Messrs. Bomles. Garland. Jenes, Pollard, Mheeler, Young and Rayor Stoller ........................... NAYS: None ..................O. BUDGET-PAY PLAN: The City Manager submitted a written report, reconmendln that he be authorized to fill the vacancies of an Orderly in the Department of Public Welfare and two firemen in the Else Department since they are Of an emergency nature. Mr. Wheeler moved that Council concur in the recommendations 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 adopted. GARBAGE REMOVAL: Council having referred to the City Manager for study and report a complaint of Mr. Cecil Simmons that the city refuses to collect his garbage because he does not hare a standard garbage can, the City Manager submitted a written report, advising that the situation has been resolved by the purchase of a standard garbage can. On motion of Rt. Garland, seconded by Mr. Pollard and unanimously adopted, the report was filed. BUDGET-PARKS ~BD PLAYGROUNDS: The City Manager submitted a verbal report, iadvising that an additional $2,000 is needed to complete the remodeling of Rockledg( Inn for use as a summer theater by a professional theatrical group, and recommended that thi~ amount be appropriated by Council. Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15824) AN ORDINANCE to amend and reordain Section ~170, SCapital,w of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Bo. 27, page I?G.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the follm ing vote: AYES: Messrs. Bowles, Garland, Jones. Pollard, Wheeler, Young and Mayor Stoller .......................... NAYS: None ................ O. ZONING: Council having referred to the City Planning COBBIssIoa for study, report and recommendation the request of Mr, Byron L. Radford that property located on the east side of Princeton Circle, N E.. north of Birchwood Street, described us Lot 23. Block 4, Huntington Court, Official Tax No. 3170230. be rezoned from General Residence District to Special Residence District, the City Planning Commissi~ submitted the following report, recommending that the request be denied: 'May 21, 1964 The Honorable Murray A. Stoller. Mayor, and Members of City Council Roanoke. Virginia Gentlemen: In its May 20, 1964 meeting the City Planning Commission considered the above rezoning request. Mr. T. L. Pluukett, attorney for Mr. Byron L, Radford, informed the Commission that it is intended to erect a two-story apartment building containing four dwelling units on the premises. A communication was received from 82 signers of a petition object- lng to the proposed requested rezoning of said properties on the basis that it would not be compatible with the single-family structures of this area. Having made field inspection and after consideration of ali perti- nent factors involved, the Planning Commission concluded that the change of land use zone from General Residence to Special Residence District would be detrimental to the existing developeent and would constitute spot zoning. The Planning Commission therefore recommends to ~ity ~ouncil that the above rezoning request be denied. Respectfully submitted, S/ Merner K. Sensbach Henry B. Doynton Chairman" Iff this connection, a communication from Mr. T. L. Plunkett. Jr** Attorfle representing the petitioner, requesting permission to withdraw the petition for rezoning, was before Council. Mr. Wheeler moved that Council concur in the request for permission to withdraw the petition for rezoning. The motion was seconded by Mr. Jones and unanimously adopted. REPORTS OF COMMITTEES: AIRPORT: The committee appointed to tabulate bids received on the furnis lng of aviation fuel supplies and facilities to Roanoke Municipal (Woodrum) Airport for a five year period beginning July 1, lgb4, submitted the following report: "May 2T, 1964 To the City Council Roanoke, Virginia Gentlemen: Three bids were received for furnishing, aviation fuel .supplies and facilities to Roanoke Municipal (Woodrum) Airport for a five year periodbeginning July 1, 1964, which bids were publicly opened and read before the Council of the City of Roanoke at its meeting on 'Ray 25, 1964. YOU will note from the tabulation of bids that Texaco, Incorporated is low bidder on the 60/97 Octane Gasoline and Shell Oil Company is 193 194 lom bidderoa Ill other fuel. Since the successful bldderis required to furnish certain equipment and facilities, it mould net be practical to mahe separate amarda. Also, considerably more 100/130 Oclane Guaoilue Is sold lban other grades of gasoline. Therefore, Shell Oil Company mould be the low bidder for furnishing all aviation fuel requirements to the Airport. The Committee recommends that Shell Oil Company be awarded the contract for furnishing aviation fuel supplies to the Airport us folio, s: Price per gallon (exclusive of appli- 91hl~ taX~s~ Terms for .avment BO/O? Octane Gasoline $.iq~O per gallon 1~ - 10 days 100/130 Octane Gasoline $.lg~O per gallon 1% - 10 days il5/145 Octane Gasoline $.2197 per gallon I% - 10 days Turbine Fuel $.1574 per gallon Net I0 days Above prices are f.o.b. Roanoke. Virginia, and ore exclusive of all applicable taxes. Shell Oil Company will lease to the City of Roanoke one 1961 model International, 2200 gallon, gasoline tender (presently located at WoodFum Airport) and one new or late-model. 1700 gallon, turbine fuel tender for one dollar ($1.00) a year, under the terms of their standard Automotive Equipment Lease. Shell 011 Company stated in bid ~ha~ thus will perfOTm ali other obligations according to City of Roanoke plans and specifications. Respectfully submitted: $/ Roy R. Pollard, Roy R. Pollard, Sr.. Chairman S/ Arthur S. O~efls Arthur ~. Omens SI M. L. Ilarrts Marshall L. Harris SI B. B. Thompson Baeford B. Thompson# Mr. Pollard moved that Council concur in the recommendation of the committee and offered the following Resolution: (glSB2S) A RESOLUTION accepting the proposal of Shell Oil Company for furnishing various grades of aviation gasoline to the Municipal Airport for a five-year period beginning July 1. 1964; authorizing the Purchasing Agent to enter into the requisite agreements; and rejecting ail other bids. (For full text of Resolution. see Resolution Hook No. 2?, page 179o) Hr. Pollard moved the adoption of the Resolution. The motion vas seconded by Hr. Wheeler and adopted by the follobing vote: AYES: Rumors. Bowles. Garland. Jones. Pollard. Wheeler. Young and Mayor Stellar ............................. NAYS: None .................... O. AIRPORT: Council having referred bids on the construction of a concrete apron at Roanoke #unicipal (Woodrum) Airport to a committee composed of Messrs. Walter L. Young, Chairman. Arthur S. Owens, Rarshall L. Harris and H. Cie*us Broyles fur tabulation and report, the committee submitted a written report. together with a tabulation of the bids, and recommended thor the lom bid of Frye Building Company in the amount of $149,449,$5 be accepted, Br, Young moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (s15826} AN O[tDINAHCK accepting the proposal of Frye Building Company for construction of concrete apron pavement, in ~he vicinity of the Administration Building at Roanoke Municipal (Woodrum) Airport, subject to the approval of the Federal Aviation Agency; authorizing the City Manager to execute the requisite controct; rejecting all other bids; and providing for an emergency. (For full text of ordinance, see Ordinance Book Ho. 27, page lBO.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .................................. NAYS: None ..........................O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INYROOUCTION AND CONS1DERAYION OF ORDINANCES AND RESOLUTIONS: PURCHASE OF PROpERTY-SYREEYS AND ALLEYS: Ordinance No. 15812, accepting the offer of the Appalachian Power Company to exchange certain land in connection mlth the construction of a 60-foot street between the Hollies Road Bridge over the tracks of the Norfolk and Western Railway Company and the newly constructed Whiteside Street, upon certain terms and conditions, having previously been before Council for its first,reading, read and laid over, was again before the body, Mr. Wheeler offering the following for its second reading and final adoption: ({15H12) AN ORDINANCE accepting the offer of Appalachian Power Company to exchange certain real estate in connection with the proposed new road between the newly established Mhiteslde Street and the old Hollies Road Bridge over the Shenandoah Division tracks of the Norfolk and Western Railway Company, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 27, page 174.) Mr. Wheeler moved the adoption Of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Pollard, Mheeler, Young and Mayor Stoller ................................... 6. NAYS: None .................... O. {Mr. Jones not voting) BUDGET-PAY PLAN: Council having directed the City Attorney tp prepare the proper measure authorizing the City Manager to fill certain .vacancies in various municipal departments, he presented same; whereupon, Mr. Young offered the following Resolution: (ulSO27) A RESOLUTION authorizing the City Manager ~o employ certain personnel. 195 196 (For full text of Resolution, see Resolution Book No. 27, page 101.) Mr. Young moved the adoption of the Resolution. The motion wes seconded by Mr, Mheeler ned adopted by the following vote: AYES; Messrs. Boules, Garland, Jones, Pollard, Wheeler. Young and Mayor Stoller .............................. NAYS: None ...................... O. Mr. ~beeler then offered the f,Il,wing Resolution authorizing the City Manager to employ a Clerk-Dispatcher in the Refuse Collection and Disposal Division of the Department. of Public d,Pku retroactive to April q. 1q64. pursuant to an a~endmeflt to the Pay Plan creating the classification: (u15820) A RESOLUTION authorizing the City Manager to employ certain personnel. (Par full text of Resolution, see Resolution Book No. 27. page 181.) Mr. Rheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES; Messrs. Bowles, Garland, Jones. Pollard, Rheeler, Young and Mayor st,lieF .............................. ?- NAYS: None ...................... O. Hr. Young then offered the following emergency Ordinance deleting one Disposal Laborer and adding one Clerk-Dispatcher under Section 3gT, *Refuse Collection and Disposal," of the 1964 budget, to cover the promotion of a Disposal Laborer to Clerk-Dispatcher: (=15629) AN ORDINANCE to amend and reordain Section =9?, "Refuse, Collection and Disposal," of the 1964 AppropFiation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. R?, page 182.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Mheeler, Young and Mayor St,liar .............................. NAYS: None ...................... O. MOTIONS AND MISCELLANEOUS BUSINESS: AUDITORIUM-COLISEUM: Mr. Jones, representative of the Council of the City of Roanoke on a committee appointed to study the question of constructing a civic center on a valley-wide basis, submitted a verbal report'that the committee is still studying the matter and will submit n definite recommendation in the near future. PENSIONS: Mayor St.Ilar pointed out that the term of Mr. Raymond Pillow as a member of the Board of Trustees of the Employees' Retirement System of the City of Roanoke expires June 30, 1964, and called for nominations to fill the pending vacancy. Hr. Young placed la nomination the name of Raymond E. Pillow. The nomination was seconded by Hr. dheelero There being no further nominations, Mr. Raymond E. Pillow mas reelected os a member of the Board of Trustees of the Employees' Retirement System of the City of Ronnoke for a term of four years beginning July 1, 1964, by the foilomlng vote: FOR MR. PILLOM: messrs. Bowles, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller .......................... ~ .... LIBRARIES~ mayor Stoller pointed out that the terms of Mrs, Elisabeth Dremry, Mr. Sidney P. Chockley and Rt. Evans B. Jessee as members of the Roanoke Public Library Board mill expire June 30, 1964, and called for nominations to fill the pending vacancies. Mr. Rheeler placed in nomination the names of Elisabeth M. Drewry, Sidney P. chockley and Evans B. Jessee. The nominations were seconded by Mr. Yonng. There being no further nominations, Mrs. Elisaheth M. Drewry, Mr. Sidney P Chockley and Mr. Evans B. Jessee were reelected as members of the Roanoke Public Library Board for terms of three years each beginnin9 July 1, 1964. by the following vote: FOR MRS. DREARY. mR. CBOCKLEY AND MR. JESSEE: Messrs. Boules, Garland. Jones, Pollard, Rheeler, Youn9 and Mayor Stoller .................... 7. On motion of Mr. Garland, seconded by Mr. Jones and unanimously adopted, the meetin9 was adjourned. APPROVED ATTEST: // Mayor 197 198 COUNCIL, REGULAR MEETING, Rondnyt Jane 6, 1964. The Council of the Ciw of Ronnohe met in regular meetln9 in the Council Chamber in the Municipal Building, Monday, Jane 8, 1964, at 2 p.m., the regular meeting hoar. with Mayor Stoller presiding. PRESENT: Councilmen Ralph K. Bowles, Robert A. Garland, James E. Jones, Roy R. Pollard, St., Vincent S. Mheeler, Ralter L. Young and Mayor Murray A. 5toller ................. -~ ............. ?. ABSENT: ~one ................. Oo OFFICERS pRESENT: 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 David Lo Rogers, Pastor, Central Church of the Brethren, HEARING OF CITIZENS UPON PUBLIC MATTERS: MUNICIPAL BUILDING: Pursuant to notice of advertisement for bids on furnishing and iostalling air conditioning units in the Municipal Buildingt said proposals to be received by the City Clerk until 1:30 p,m., Monday, June 6, 1964, and to be opened at 2:00 p.m., before Council, Mayor Stoller asked if anyone had ami q2estions about the advertisement, 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 and read the bid of. Johnston-Vest Electric Corporation in the amount of $22,262.00. Mr. Young moved that the bid be referred to a committee to be appointed by the Ma$or for stud~, report and recommendation to Council, the City Attorney to prepare the proper measure accepting the proposal, if the committee so recommends. The motion was seconded by Mr. Garland and unanimously adopted. Mayo.r Stoller appointed Messrs. James E. Jones, Chairman, Arthur S. Owens, 2 p.m., June 8, 1964, on the request of Mr. Fred P. Najjum, et al** that an alley *May 7, 1964 this alley over m length of 15 feet Is necessary in order that new loading facilities may be constructed for a mholmsule company occupying adjacent property, · Having made field inspection and after due consideration of the conditions involved, the Planning Commission concluded that the closing of a portion of this alley would not interfere with the operation of existing Industrial concerns nor mould It be needed us part of the public'street system serving this area, The Planning Commission therefore recommends to City Council that a 15 foot portion of the alley described above and as shown on a plat prepared by David Dick and Harry Wall, Civil Engineers and Surveyors. dated January 16, 1964, he vacated, discontinued and closed, the-City retaining necessary easements for public utilities, Sincerely yours, S/ Werner K, Sensbach B. N. Embank Vice-Chairman' Council having appointed viewers in connection with the application, the vi*mars submitted a mrltten report, advising that they have viewed said alley and the neighboring property and are unanimously of the opinion no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing said portion of the alley. No one appearing either for or against the closin9 of an additional fifteen feet of the alley, Mr, Garland moved that Council concur in the recommenda- tion of the City Planning Commission and that the following Ordinance be placed upon its first reading: (m15~30) AN ORDINANCE vacating, discontinuing and closing a portion of an alley lying between Block b and Block 17, according to the map Of Park Land and Xmprovement Company, extending from a point 55 feet west Of the westerly line Of Third 5treat. $. E., to a point 50 feet ~est of the westerly line of Third Street, 5. E., and being 15 feet in length and 15 feet in width. WHEREAS, in accordance with a petition, viewers were appointed by Council to view the property and report in writing what inconvenience, if any, would be in vacating, discontinuing and closing the alley above referred to; and WHEREAS, it appears from the report In writing filed with the City Clerk. and affidavit of three of the vies*rs appointed by Resolution No. 15591. adopted April 13. 1954; namely, Louis S. Waldrop, James L. Trinkle and W. H. Harris, 'Jrt, that no inconvenience would result, either to any individual or to the public, from vacating, discontinuing and closing that portion of 'the said alley above describ}d, to which report no objections have been filed; and WHEREAS, the City Planning Commission, by a report dated May 7, 1954, advised the City Council that it would be feasible to close and vacate that portion o~ the 15-foot alley aforesaid and that the closing would not inconvenience anyone and better utilization of the property could be obtained; and WHEREAS, notice was published in 'The Roanoke World-News" on May 22. 1964, setting a public hearing for 2 p.m., June 8, 1954, at which public hearing no one appeared in oppositioo; and 199 2OO HBEREAS, the petitioners have agreed to hear and defray the COSTS and expenses incident to the closing of t~e said alley. THEREFORE, BE XT ORDAINED by the Council of the City of Roanoke, Virginia, that that portion of an alley extending between Block'6 and Block 17, according to the Map of Park'Land and Improvement Company, from a point 65 feet mest of the westerly line of Third Street, S. E., to a point 50 feet west of the mesterly line of Third Street, S. E** and being 15 feet in length and 15 feet in midkb, all within the City of Roanoke, Virginia, be, hod the same is hereby, vacated, discontinued and closed, the City of Roanoke. however, reserving unto itself a public easement to maintain any present~Or future sewer or water line therein and the right of ingress and egress for the maintenance and repair thereof, it being expressly understood that the 15-foot alley extending 50 feet from the point of closure to the inter- section of Third Street, 5. E., shall remain open. BK XY FGRTIIER ORDAINED that the City Engineer be, and he is hereby, directed to mark "permanently Vacated. Discontinued and Closed" the said alley above referred to Om all maps and plats oa file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said maps andplats said alley is shown, referrin9 to the book and page of Resolutions and Ordinances Of the Council wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Co*nell deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a copy of this Ordinance i~ order that said Clerk may make proper notation on all maps or plats recorded in his said office upon which are shown the said alley herein permanently vacated, discontinued and closed as provided by law, The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Nheeler, Young and Mayor Stoller ........................... 7. NAYS: None ................... O. ZONING: Council having previously set a public hearing for 2 p.m., June D, 1964. on the request of Mrs. Blanche L. Bowman, et al.. that property located on both sides of Round Hill Avenue, No S., between Bowman Street and Spring Hollow Avenue, described as Lots 1 and 2, Dlock 1, Bowman Lawn, Official Tax Hos. 2OlllOl and 2071701 and 2071702, and Lots 1-5, inclusive, Block 2, Bowman Lawn, Official Tax Nos. 2071BOI-2071D05, inclusive, be rezoned from General Residence District to Special Residence District, the matter was before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be granted, sas before Council: "May ?, 1964 The Honorable Murray I. St*lief, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: In its May 6, 1964 meeting the CitI Planning Commission considered the above rezonino request. The developers proposed to erect ii ;! apartment bull~ings on properties facing the newly created Bowman Park. This matter had been considered In a previous meetlng by the Planning Commission, but it was found that the proposed residential density was too high. The developers, therefore, agreed to apply a ratio of 2,000 square feet per apartment unit, which would permit the construction of 24 units on lots with tax noshers 2071001-2071805, inclusive and an additional 7 units on lots 2071701 and 2071702. The developers agreed in case of sale of this property, these conditions mill be made part of the deed restrictions. The Planning Commission concluded that because of the partiular location of the lots involved and their proximity to a 2-acre City park, it uould be feasible to permit the development of these lots for nulti-faully use. The proposed construction is considered to be coupatible with the existing development and therefore would not be detrimental to the value of the neighbor- hood. The Planning Commission therefore recommends to City Council that the above Fez*ming request be granted. S/ RerneF K. Sensbach H. N. Eubanh Mr. M. Cald~ell Butler. Attorney. representing the petitioners, appeared before Council. advisin9 that he has endeavored to contact substantially all of the affected neighborhood with regard to the proposed fez,nih9 and to explain to them in detail the use the petitioners propose to make of the property and that he knows of only one objector of those he was able to contact. Mr. G. O, Givens, Jr,, 2716 Meadows Street, N, W,, appeared before Counci in opposition to the proposed rezoning, pointing out that when the City Planning Commission recommended the connection of Meadows Street and Round tiill Avenue in conjunction with the creation of Bowman Park it recommended the extension of Meadows Street in regard to street name and house numbering across the Cowman property in a northerly direction to the intersection with Lyndhurst Avenue, but that according to the map in the Department of Public Works the connecting portion of street has been named Round Hill Avenue, Mr. Givens questioning the legality of the notice of public hearing on the rezoning request. It appearing that the notice Of public hearing does not include either street name. Mr. Garland moved that Council concur in the recommendation of the Cit, Planning Commission that the request for rezoning be granted and also moved that the following Drdinance be placed upon its first reading: (~15831) 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 1, 2, 3, 4 and 5, Block 2, according to the plat showing subdivision of property of Blanche L. Bo~an. and Lots I and 2, Block 1, according to the plat showing subdivision of property of Blanche L. Bowman, being Official Tax Numbers 207 2071R02, 2071803, 2071804 and 2071805, inclusive, and also Official Tax Numbers 2071701 and 2071702. inclusive, respectively, rezoned from General Residence Distric' tO Special Residence District; and 201 mol, 202 RHEREAS, the City Planning Commission has recommended that the hereinaftes described land be renooed from General. Residence District to Special Residence District~ ~nd WHEREAS, notice required by Title XV, Chapter 4,' Section 43, of The Code of the City of Roanohe, 1956, relating to Zoning, has been published in 'The Roanoke MorldoNeus,u a newspaper published in the City of Roanoke, for the time required by said section; and MBER~AS. the hearing as provided for in said notice was held on the Dth day of June, 1964, at 2 p.m., before the Council of the City of Roanoke, at which hearing ail parties in interest and citizens were given an opportunity to be heard both for and against the proposed rezonin9; and MHEREAS. this Council, 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. 1q56, relating to Zoning,'be amended and reenacted in the following particular and no other, viz.: Property located in the City Of Roanoke and more particularly described as follows: PARCEL I Lots 1, Z. 3. 4 and 5, Block 2. according to the *Plat showing subdivision of property of Blanche L. Bowman. et al. being parts Of Blocks 1. 2 and 7. Bowman Lawnw dated July 20, 1963, and recorded in the Clerk*s Office of the Hustings Court for the City of Roanoke. Virginia, in Deed Book 1151, at page 346; and being Official Roanoke City Tax Numbers 20?lDO1, 2071002. 2071803, 2071D04 and 2071805. inclusive. PARCEL II Lots I and 2. Block 1. according to the 'Plat showing sub- division of property of Blanche L. Ro~man. et al. being parts of Blocks 1, 2 and ?, Do.man Lawn# dated July 20. 1963, and recorded in the Clerk's Office of the Bustings Court for the City of Roanoke. ¥irginia, in Deed Book 1151. at page 346; and being Official Roanoke City Tax Numbers 2071701 and 2071702, inclusive. be. and is hereby, changed from Geoeral Residence District to Special Residence District and the Zoning Map shall be changed in this respect. The motion was seconded by Mayor Stoller and adopted by the following vote: AYES: Messrs. Bowles. Garland. Jones, Pollard, Wheeler. Young and Mayor Stoller .......................... 7. NAYS: None ................... Mr. Pollard then moved that the question of the name of the street connecting Round Bill Avenue and Meadows Street. N. W., be referred t'o the City Attorney and the City Manager for study and report to Council. The motion was seconded by Mr. Jones an unanimously adopted. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: A petition of Mr. John L. Malker. Jr.. Attorney. representing Hospital Service Association of Roanoke. requesting that a IS-foot alley lying betmeen Lots 3 and 8, HLock 11. Official Survey S. M. 3, Official Tax Nos. 1023103 and 1023104, be vacated, disconti hued and closed for a distance of 150 feet east from Third Street, S. W., mas before Council. Mr. Rheeler offered the folloning Resolution appointing viemers in connec- tion uitb the application: (~i§032) A RESOLUTION providing for the appointment of five freeholders, any three of mhom may act, as vlemers in connection with the application of Hospital Service Association of Roanoke to permanently Vacate, discontinue and close that certain 15-foot alley running in a generally east-~est direction from Third Street in an easterly direction a distance of ISg feet, said alley lying betmeen Lots 3 and fl, Block I1, Official Survey S. M. 3. (For full text of Resolution, see Resolution Book No. 27, page 194.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Bowles. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... NAYS: None ...................O. Mr. Wheeler then moved 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. ZONING: A communication from Mr. John M. Pedigo. Attorney, representing Mrs. Dorothy D. Uibson. requesting that property located on the south side of Mel- rose Avenue, N. W., between Seventeenth Street and Eighteenth Street. described as Lot 6, Block 56, Melrose Land Company, Official Tax NO. 2222206, be rezoned from Special Residence District to Business District. ~as before 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. ZONING: Council at its meeting on May 25, 1964. having adopted a Resolu- tion declaring invalid the building permit issued to Mr. Larry H. Thacker to con- struct an apartment building at 2711 Cedarhurst Avenue. N. W., a communication from Mr. William K. Coils, Executive Secretary. Roanoke Valley Home Builders Association expressing the deep concern and displeasure of the Home Builders Association over the decision, was before the body. Mr. Pollard moved that the communication be received and filed. The motiol was seconded by Mr. Garland and unanimously adopted. BUSES: I communication from Donna Jackson. Judy Jachson and Phyllis Leech, registering a complaint with regard to bus service in Roanoke, was before Council. 203 2O4 On motion of Mr. Young, seconded by Mr. Wheeler and unanimously adopted, the complaint was referred to the City Manager for investigation and report to Council. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted o written report, recommending tbat· street light be installed in the middle of the 2800 block of Olive Avenue, Hr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~15833) A RESOLUTION authorizing the installation of One 2500 lumen ever head incandescent street light in the middle of the 2800 block of Olive Avenue, N. W. (For full text of Resolution. see Resolution Book No. 27. page 195.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard. Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ................... O. BUDGET-HUSTINGS COURT: The City Manager submitted a ~ritten report, recommending that $2.462.50 be appropriated to Other Equipment - New under Section ~20. 'Hustings Court," of the 1964 budget, to provide for the purchase, installation and maintenance of microphones and recording machines with related equipment for use in the Hustings Court. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the fo]lowing emergency Ordinance: (~15834) AN ORDINANCE to amend and reordain Section ~20, "Hustings Court." of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27. page 195.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles. Garland, Jones, Pollard. Wheeler, Young and Mayor Stoller ........................... T. NAYS: None ................... O. BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a written report recommending that $1,674.25 be appropriated to Transportation Museum under Section ~170, "Capital." of the 1964 budget, representing donations made by private citizens for use in connection with the development of the Roanoke Transportation Museum. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance. (~15835) AN ORDINANCE to amend and reordain Section ~170, "Capital," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 196.) Mr. #heeler BaTed the adoption of the Ordinance. The uotion nas seconded by Mr. Young and adopted by the folloulng vote: AYES: Messrs. Boules. Garland. Jones, Pollard. Mheeler, Young and Mayor Stoller ........................... 7. NAYS: None ................... O. BUDGET-DEPAHTMENT OF PUBLIC MORKS: The City Maoager submitted a written report, recommending that $35 be appropriated to Insurance under Section #80° *Engineering** of the 1964 budget, to cover the fee for the commission of the Right of Nay Agent in the Engineering Division of the Deportment of Public Murks as n notary public for the state at large. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance; (315836) AN ORDINANCE to amend and reordain Section 380. 'Engineering,' of the 1964 Appropriotion Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 196.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Uarland and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones. Pollard. Hheeler, Young and Mayor St,lief ........................... NAYS: None ................... BUDGET-HEALTH DEPARTMENT: The City Manager submitted o written report, advising that $400 was included in the 1964 budget for a stereoscopic, wide-field Binocular Microscope, but that the price of the microscope has increased far beyond this amount, and since the Health Department mill need a pH Meter in 1965 to comply with State Health Department regulations regarding testing of water and milk at a cost of $330 it is his recommendation that Other Equipment - New under Section =40, "Health Department.' of the 1964 budget, be amended to provide for the purchase of the pH Meter instead of the ~icroscope. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15037) AN ORDINANCE to amend and reordain Section ~40, "Health Depart- ment,' of the 1964 Appropriation Ordinance, ,nd providin9 for an emergency. (For full text Of Ordinance, see Ordinance Book No. 27. page 197.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Nheeler, Young and Mayor Stoller ........................... 7. NAys: None ...................O. HEALTH DEPARTMENT: The City Manager submitted a written report, recom- mending that the Health Department he authorized to destroy certain outdated records '205 206 Mr, Pollard moved thut Council concur in the recommendation of the City Manager and offered the following Resolution: (=15638) A RESOLUTION uuthoriziog the Rosnoke City Health Department. from time to roue, to destroy certain outdated records. (For full text of Resolution. see Resolution Book No. 27. page 197.) Mr. Pollard moved the adoption of the Resolution. The motion nBS seconded by Hr. Mheeler and odopted by the following vote: AYES: Messrs. Bowles, Garland. Jones, Pollard. Hheeler. Young and Mayor Stoller ........................... NAYS: None ...................O. BUILDING CODE: The City Manager submitted a written report, recommending that the 19S7 and 1963 Supplements of The National Building Code recommended by the National Board of Fire Underwriters he adopted as a part of the Building Code of the City of Roanoke. Hr. Rheeler moved that Council COncur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (=15839) AN ORDINANCE to a=end and reordain Sec. I. *National Building Code--Adoption' of Chapter 1. *Building Code' of Title XV. 'Construction, Alteration and Use of Land. Buildings and Other Structures' of The Code of the City of Roanoke. 1956. BE IT ORDAINED by the Council of the City of Roanoke that Sec. 1. *National Building Code--Adoption' of Chapter 1. 'Building Code' of Title XV. '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 follows: Sec. 1. National Buildinq Code--Adoption. Yhot that certain Building Code known as The National Building Code recommended by the National Board of Fire Underwriters of New York, being particularly the 1955 edition thereof, and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, together ~tth the 1957 and the 1963 Supple- ments thereof, be, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from and after the date on which this chapter shall become effective, the provisions thereof shall be controllin9 in the construction of all buildings and other structures therein contained within the corporate limits of the city. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles. Garland, Jones, Pollard. Wheeler, Young and Hayor Stoller ........................... 7. NAYS: None ................... O. ELECTRICAL CODE: The City Manager submitted is necessary that the 1962 Edition of the National Electrical Code be formally approved in the Electrical Code of the City of Roanoke. and recommended that such an Ordinance be adopted. Mr. Mheeler moved'that Council concur in the recommendation of the City iMaeager and that the following Ordinance he placed epon its first reading: (=15840) AN ORDINANCE to amend and reordain Sec. 16o 'Standards of mark* of Chapter 2. *Electrical Code' of Title XV. *Constractiono Alteration and Use of Land. Boildings and Other Structares* of The Code of the City of Roanohe, lqSGo BE IT ORDAINED by the Council of the City Of Roanoke that Sec. 16. *Standards of work' of Chapter 2. *Electrical Code* of Title XV. *Construction, Alteration and Use Of Land, Buildings end 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 folloms: See. 16. Standards of uork The installation of all wiring in or about any building In the city for electric lights, motors, heating devices and for any apparatus requiring the use of electrical current shall be made in strict conformity with the provisions of this chapter and most approved methods of construction for safety to life and property. The regulations as laid damn in the 1962 Edition of the National Electrical Code shall be prima facie evidence of such most approved methods. The motion was seconded by Mr. Pollard and adopted by the follo~ing vote: AYES: Messrs. Boules. Garland, Jones. Pollard, Rheeler. Young and Mayer Stoller ............................ 7. NAYS: None ...................O. BUDGET-PAY PLAN: The City Manager submitted the following report, recom- mending that certain vacancies in various municipal departments be filled since they are of an emergency nature: 'Roanoke. Virginia June O. 1964 To the City Council Roanoke, Virginia Gentlemen: The follouing employees are needed for the efficient operation of the City. They are not neu positions but are provided for in the budget. HEALTH DEPARTMENT - Clerk-Receptionist. Group 15. Step l ~ELFARE DEPARTMENT - Orderly - City Home (=54) Clerk - City Physician*s Office. (=51) This mill be a temporary worker. PUBLIC ~ORKS - Refuse Disposal: 3 Disposal Laborers - Group 10 Street Cleaning: I Disposal Laborer - Group 10 Respectfully submitted. S/ Arthur S. Owens City Manager" Mr. ~heeler moved that Council concur in the recommendations 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. 207 2O8 POLICE DEPARTmENT-FIRE D£PART#ENT: The City Nonsger submitted · wrltteo report, advinin9 that there were no changes in personnel in the Police Department and two resignations in the Fire Department during themonth of May, 1964. On motion of Rt. Mheeler, seconded by Mr. PolLard and unanimously adopted, the report was filed. TRAFFIC: Council having directed the City ~anager to restudy parting regulations on Jauisou Avenue, S. E., betueen Ninth Street and Twelfth Street. be submitted a sritten report, pointing out that this section of Jnmison Avenue is a city bus route, that n fire station is located on Jamison Avenue, that It is an arterial street, that Virginia Route 24 is scheduled for relocation on Jamison Ave- nut incident to construction programmed for Elm Avenue and Interstate Spur Route and that under the Master Traffic Plan this street ~ill be one of the major traffic arteries in the southeast section, therefore, to restore parking on the north side Hr. Pollard moved that Council concur In the verbal recommendation of the City #manger nnd that the matter be referred to the City Attorney for preparation of the proper measure. The motion wan seconded by Mr. Young nad adopted, Mr. Jones voting no. LICENSES: Council having referred the question of advertising the City of Roanoke on city automobile license tags to the City Attorney for study and report ns to the legality of such advertising, he submitted the folloming report: 'June 1, 1964 The Honorable the Council of the City of Roanoke Gentlemen: At your regular meeting of Monday, Nay 1§, 1964. you asked if it mould be legal for the City of Roanoke to advertise the City on its license tags. Section 15-13 of the current Code of Virginia provides that *the councils of the cities and towns of the state may, Jn their discretion, expend not exceedin9 one per centum of their annual revenue from all sources in advertising and giving publicity of their resources and advantages; provided, that the council of the city of roanoke shall have pouer, In its discretion, to ex- pend for such purpose not exceeding the sum of three thousand dollars; re.* I find no prohibition against the City using its City automobile license tags for such purpose. However, in my opinion, the additional cost of placing the advertising feature on the plate mould have to be deducted from the Cityes maximum Respectfully submitted. S/ Ran G. Rhittle City Attorney" On motion of Mr. Jones, seconded by Mr. Pollard and unanimously adopted, the report ~a$ filed. Mr. Garland then moved that the question of amending the Code of Virginia to provide that the City of Roanoke may expend not exceeding one per centum of its annual revenue from all sources for the purpose of advertising and giving publicity of the resources and advantages of the city be referred to the local representatives in the State Legislature for their attention. The motion was seconded by Mayor Stoller and unanimously adopted. REPORTS OF COMMITTEES: LIBRARIES: The committee appointed to tabulate bids received for the con- struction of the Milliamson Road Branch Library submitted the follo~ing report: *Roanoke. Virginia June 4, 1964 To The Mayor and Members of City Council At its regular meeting on Monday. June l, Council referred to the undersigned committee the bids received for the con- struction of the Williamson Road Branch Library, which had pre- viously been opened and read before Council. 20'9 210 Your committee met on June 3. mlth u full attendance, and uJshea to report as follous: After reviewing the bids the comtlttee la of the opinion that five complete bids mere received for the performance of this uork ia accordance with the plans and specifications. These ore ua folloms: Regional Construction Services. Inc. $74,990.00 R. W. Bomers Construction Corp. 76.000.00 H. A. Lucas ~ Sons, Inc. 76,600.00 Matts and Breakell. Inc. 77.000.00 Frye Building Company 94,500,00 In addition to these, two incomplete bids mere received as follows: Southwest Building Corporation $68.785.00 Valley Contractors Corporation 69,700.00 These firms had difficulty in obtaining prices on the electrical mark and the bids state that this portion of the mark is omitted from the price quoted. In the opinion of the committee this disqualified these tmo bidders from consideration. It is our unanimous recommendation that contract for this work be awarded to Regional Construction Services, /nc.. at frs bid price of $74.990.00 for the structure complete. This is the lo~est complete bid received. Our reasons for this recommenda- tion are as follous: (1) Although the bids are higher than me had anticipated. four of the five complete bids received sham a difference of only $2.010.OO between the lo,est and the highest. This indi- cates to us that these were good bids and me do not believe that anything could be accomplished by rejecting all bids and read- vertising, and we also feel that this would be unfair to the Io~ bidder. (2) We considered revising the plans in an attempt to cheapen the structure to get the price down to our estimate. hut you mill recall that this has already been done. Mhefl the plans were first prepared they mere carefully reviewed by Coun- cil's committee and the committee from the Library Board and changes mere made at that time to the extent that ~e believe the present plans represent the bare minimum requirements for this Branch Library. Accordingly. me have requested the City Attorney to prepare necessary Ordinance approving the award of this contract to the low bidder and authorizing the City Manager to execute the con- tract. Me recommend to the Council the adoption of this Ordinance. S/W. L. Younq Chairman S/William L. Whitesides S/Roy R. Pollard, Sr. S/Vincent S. Wheeler In this connection. Mr. Young called attention to the following communi- cation from the Southwest Building Corporation: "June 3. 1964 City of Roanoke Virginia Re: Williamson Road Branch Library Gentlemen: Our bid for the above project mas turned into the City of Roanoke PuFchasing Agent on June I. 1964. and opened later that evening. It stated that our price of $68.785o00 did eot include the electrical uorh ss called for on the plans end specifications. Me hsd earlier contacted the architect, Mr. J. Garry Clay. ia reference to the fact that ue hsd eot received on electrical bid end mere told by him that other contractors mere encountering this same difficulty. He advised us to turn in our bid with the notation that no electrical price was included. The morning after the bids mere opened ue received a telephone call free Hr. John Murphy of J. M. Murphy Co** lac** electricians, stating that he hod given the price of $4.950.00 to several of the contractors aha included the electrical price in their bid. Me would have under normal circumstances marked up this figure by 8~ sad included it in our bid. Since then ue have received other electrical bids uhich are less than the price quoted by Mr. Murphy for doing this project, but in order to be fair with our other contractor friends aha hove bid this Job, we mould be forced to use only Mr. Murphy*s price, since it seems his ~as the only price out prior to bid opening time. Ne are in a p~sition to begin work immediately on this Job should we be awarded the contract and mark closely with the architect, library committee and City Council on seeing that the NJlliamson Road Branch Library will be a building which O11 citizens of the City of Roanoke will be proud. I am now and have been a resident of Nilliamson Road for 32 years and hope very much to see this library become a reality as our present facilities leave much to be desired. If for financial reasons this bid is beyond the appropriation in the budget we would be only to happy to sit down with the architect and go over all costs so we might reduce the bid down to where the pro- Ject can continue on at an early date. Very truly yours, SOUTHWEST BUILDING CORPORATION S/ Rodney G. Nicholls Rodney G. Nicholls Vice President-Secretary" Mr. Young stated that according to the communication from the Southwest Building Corporation the firm would have been the low bidder io the amount of $74,131, but that his committee does not recommend negotiating with a bidder whose bid was incomplete at the time the bids for the project ~ere opened and read before Council in fairness to those firms submitting complete bids. Mr. Young then moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance accepting the proposal of Regional Construction Services, Incorporated: (~15941) AN ORDINANCE accepting the proposal of Regional Construction Services, Incorporated, for the construction of the Nilliamson Road Branch Library: 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. 27, page 199.) Mr. Young moved the adoption of the Ordinance. The motion sas seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Boules, Garland, Jones. Pollard, Rheeler, Young and Mayor Stoller ........................... ?. NAYS: None ...................O. 211 212 It appearing that $70.000 has been included la the 1964 budget for the construction of the Nilliamson Road Branch Library. and that the architect*a fee and contingencies are to be paid in addition to the contract for the proJect.'#r. Young offered the follomiag emergency Ordinance appropriating an additional $10.000: (z1~842) AN ORDINANCE to amend fad reorduiu Section mi70. 'C~pital.' of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 199.) Mr. Young moved the adoption of the Ordinance. The motion sas seconded by Mr. Wheeler and adopted by the foliomJng vole: AYES: Messrs. Bowles, Ourland. Jones, Pollard, Rheeler. Young and Mayor Stoller ........................... 7. NAYS: None ...................0. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 15816, vacating, discontinuing and closing Indiana Avenue, N. E.. between Dollins Road and ~ e tracks of the Norfolk and Western Railway Company: Eighth Street. N. E.. between Indiana Avenue and Mohawk Avenue: and an alley running east and west between Bollins Road and the tracks of the Norfolk and Mestern Railmay Company, parallel to Indiana Avenue and Mohawk Ave- nue. having previously been before Council for its first reading, read and laid over was again before the body. Mr. Wheeler offering the folloming for its second reading and final adoption: (~15B16) AN ORDINANCE permanently vacating, discontinuing and closing: (a) that portion of that certain unopened paper street known as Indiana Avenue, N. E., which runs generally in an east-west direction along the northerly lines of Blocks 37 and 38. Deanuood Terrace. from Hollins Road. N. E.. to the Norfolk and Western Shenandoah Valley Division railway tracks; (b) that portion of that certain unopened paper alley which runs generally in an east-west direction through Blocks 37 and 38. Dean~ood Terrace. from Nolltns Road. N. E., to the Norfolk and Westerm Shenandoah Valley Division railway tracks; and (c) that portion of that ceftin unopened street known as Eighth Street which runs generally in a north-south direc- tion between Blocks 37 and aB. Deanmood Terrace, from Indiana Avenue. N. E., to Mohawk Avenue. (For full text of Ordinance. see Ordinance Book No. 27, page 182.) Mr. Wheeler moved the adoption of the Ordinance, The motion was seconded by Mr. P~llard and adopted by the following vote: AYES: Messrs. Bowles, Garland. Jones. Pollard. Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ...................O. FIRE PREVENTION: Ordinance NO. 15817. amending the FJrePrevention Code, having previously been before Council for its first reading, rend end laid over. wes again before the body. Mr. Jones offering the following for its second rending and final adoption: (x15017) AN ORDINANCE to emend Chapter 2. °Fire Preventione of Title XIV. 'Fire Protection' of The Code of the City of Roan,he. 1956. by adding n nam article thereto, the sane being Article I¥. *Fire Prevention Buresu'. and adopting, by reference, a Fire Prevention Code therefor. (For full text of Ordinance. see Ordinance Book No. 27. page 184.) Mr. Jones moved the adoption of the-Ordinance. The motion nas seconded by Nr. Mheeler and adopted by the following rote: AYES: Messrs. Boules, Garlnnd, Jones. Pollard, Mheeler. Young and Mayor St,liar ........................... ?. NAYS: None ...................O. SCHOOLS: Council having directed the City Attorney to prepare the proper measure expressing the appreciation of the body to Mr. Clarence #. Hawkins for set= vices rendered as a member of the Roanoke City School Board. the City Attorney pre- sented same; whereupon. Mr. Mheeler offered the following Resolution: (~15043) A RESOLUTION expressing appreciation t o Clarence M. Hawkins for the loyal and capable service rendered his City as a member of its School Board. (For full text of Resolution. see Resolution Book No. 27, page 199.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Bowles. Garland. Jones, Pollard, Wheeler. Young and Mayor St,lieF ........................... NAYS: None ...................O. SCHOOLS: Council having directed the City Attorney to prepare the proper measure expressing appreciation of the body to Mr. John P. Cruickshank for services rendered as a member of the Roan,he City School Board, the City Attorney presented same; ,hereupon, Mr. Wheeler offered the following Resolution: (~15044) A RESOLUTION expressing appreciation to John P. Crnickshank for the loyal and capable service rendered his City as ~ member of its School Board. (For full text of Resolution, see Resolution Book NO. 27, page 200.) Mr. Wheeler moved the adoption of the Resolution. The cation was seconded by Mr. Yonng and adopted by the following vote: AYES: Messrs. Bowles. Garland. Jones. Pollard. Wheeler. Young and Mayor Stoller ........................... 7. NAYS: None ...................O. SCHOOLS: Council having directed the City Attorney to prepare the proper measure expressing appreciation of the body to Mr. David H. Burrows for services rendered Os o member of the Roan,he City School Board, the City Attorney presented same; whereupon, Mr. Wheeler offered the following Resolution: 213 '2'14 (~15845) A RESOLUTION expressing appreci*tion to David H. Burr,gm for the loyal sad capable service rendered his City ss s member of its School Bonrd. (For full text of Resolution. see Resolution Oooh No. 27, page 201.) Mr. Mheeler moved the adoption of the Resolution. The motion uss seconded by dr. Young and ~dopted by.tbs follouin9 vote: AYES: Messrs. Bogles. Garland. Jones. Pollard, Mbeeler. Young end Mayor St,lieF ........................... 7. NAYS: None ................... O. AIRPORT: Council having directed tbs City Attorney to prepare tbs proper measure extending the contract of H. L. Turner Company. Incorporated, for grading and drainage at Roanoke Municipal (M,,drum) Airport in connection gith the extension of Runway 15033 in the amount of $3,360 to cover necessary topsoJling for the pro- Ject, he presented same; ghat,upon, Mr. Young offered the follogJng Resolution: (315846) A RESOLUTION extending the contract of March 30, 1964, between H. L. Turner Company, Incorporated, and the City of Roanoke for grading and drainage of the north-south (15-33) runway and taxigay, Roanoke Municipal (W,,drum) Airport, Project 9-44-012-13. (For full text of Resolution. see Resolution Book No. 27. page 201.) Mr. Young moved the adoption of the Resolution. The motion gas seconded by Mr. Pollard and adopted by the f,Il,Ring vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor St,lieF ........................... NAYS: None ................... O. BUDGET-PAY PLAN: Council having directed the CityAttorney to prepare the proper measure authorizin9 the City Manager to fill certain vacancies in various municipal departments since they are of an emergency nature, the City Attorney pre- sented same: ghereupon, Mr. Wheeler offered the f,Il,win9 Resolution: (n15847) A RESOLUTION authorizin9 the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 27, page 202.) Mr. Rheeler moved the adoption of the Resolution. The motion gas seconded by Br. Pollard and adopted by the f,Il,Ring vote: AYES: Messrs. Bowles, Garland. Jones, Pollard, Rheeler, Young and Mayor Stoller ........................... 7. NAYS: None ................... O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. On motion of Mr. Jones, seconded by Mr. Garland and unanimously adopted. the meeting gas adjourned. APPROVED ATYEST: ~ity Clerk Mayor COUNCIL. REGULAR REETING, Monday. June 15, 1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, June 15. 1964. at 2 p.a., the regular meeting hour, with Mayor Stoller presiding. PRESENT: Councilmen Ralph K. Boules. Robert A. Garland. James E. Jones, Roy R. Pollard, Sr., Vincent S. Mheeler and Mayor Murray A. Stoller .............. b. ABSENT: Councilman Malter L. Young ....................................I. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph Mhlttle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting mas opened with a prayer by the Reverend #. Grief, Pastor, Associate Reformed Prebyterlan Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, June 1, 1964, having been furnished each member of Council, on motion of Mr. hheeler, 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: ZONING: Council having previously set a public hearing for 2:00 p.m.. June 15. 1964. on the requests of M. B. R. and Sons, Incorporated, and Mr. R. C. Bell. et al.. that their respective properties located on the north side of McUlanahan Street, S. M.. between Rosalind Avenue and C~rolina Avenue, described as Lots 1. 2 and 3, Block 41, Crystal Spring, Official Tax Nos. 1040801. 1040802 and 1040803, be rezoned from Special Residence District to UusJness District, the matter was before the body. In this connection, the follomlng communication from the City Planning Commission. recommending that both requests be granted, mas before Council: "May 7, 1964 The Honorable Murray A. Stoller, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: During its May b, 1964 meeting the Planning Commission considered the above rezoning request. Mr. J. Thomas Eflgleby, attorney for the petitioners, informed the Commission that it is intended to construct office buildings on the lots under consideration. After due consideration of all the factors involved, the Planning Commission found that the lots located on the north side of McClanahan Street have recently been developed for office and institutional use and accordingly have been reznned to business zone. The Plannin9 Commission is of the opinion that the pro- posed development would be compatible with the existing develop- ment and would not be detrimental to the value of the area. The Planning Commission therefore recommends to City Council that the above rezoning request be granted. Sincerely yours. S/ Nerner K. Sensbach for B. N. Embank Vice-Chairman" '215 216 Mr. J. Thomas Engleby, llI. Attorney, representing N. B. R. iud Sons, Incorporated. appeared before Council in support of the requests of the petitioners. No one appearing in opposition to the requests for renaming, Mr. Wheeler moved that Council concur in the recommendation of the City Planning Comulusion and that the following Ordinance providing for the rezoning of Lot I be placed upon its first reading: (~!5046) AN ORDINANCE to amend and reenact Title XV. Chapter 4, Section !, of The Code of the City of Roanoke, 1956. Jn relation to Zoning. NHEREAS, application has been made to the Council of the City of Roanoke to have the property located on the north side of NcClanahsn Street, S. W.. betmeen Rosalind Avenue and Carolina Avenue, described os Lot J, Block 41. Crystal Spring, Official Tax No. 1040001. rezoned from Special Residence District to Business District; and RHEREAS. the City Plannin9 CoumissJon bas recommended that the hereinafter described land be renoned from Special Residence District to Business District; and WHEREAS. notice required by Title XY. Chapter 4. Section 43. of The Code of the City of Roanoke. 1955, relating to Zoning, has been published in ~The Roanoke World-News." a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice Naa held on the 15th day of June, 1964. at 2 p.~.. before the Council of the City of Roanoke, at uhlch 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. TDEREFOSE. BE IT ORDAINED by the Council of the City of Roanoke that Title X¥, Chapter 4. Section l, of The Code of the City of Roanoke, 1956. relating to Zoning, be amended and reenacted in the following particular and no other, Viz.: Property located on the north side of McClanahan Street, 5. W., between Rosalind Avenue and Carolina Avenue, described as Lot 1, Block 41, Crystal Spring. Official Tax No. 1040001, be, and is hereby, changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. The motion Nas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................... NAYS: None .....................O. (Mr. Young absent) Mr. Rheeler then moved that the following Ordinance providiog for the rezoning of Lots 2 and 3 be placed upon its first reading: (~15849) 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. il #I~REAS, application has been made to the Council of the City of Roanohe to have the property located On the north side of McClanuhan Street, $o M., betmeen Rosulind Avenue and Carolina Avenue, described us Lots 2 and 3, Block 41, Crystal Spring, Official Tax Nos. 1040802 and 1040803, rezoned from Special Residence District to Business District; and WHEREAS, the City 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 XV. Chapter 4, Section 43, of The Code Of the City of Roanoke, 19Bb. relating to Zoning. hms been published in *The Roanohe World-Neas,* a newspaper published in the City of Roanoke, for the time required by said section; and MREREAS, the hearing as provided for in said notice Mas held on the 15th day of June, 1954, at 2 p,=., before the Council of the City of Roanoke. at which hearing all parties in interest and citizens ~ere 9ivan 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 Yitle XV. Chapter 4, Section 1. of The Code of the City of Roanohe. 1956, relating to Zoning, be amended and reenacted in the follo~ing particular and no other, viz.: Property located on the north side of McClanahan Street. S. W.. between Rosalind Avenue and Carolina Avenue, described as Lots 2 and 3, Block 41, Crystal Spring, Official Tax Nos. 1040802 and 1040803, be, and is hereby, changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. The motion ~as seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowlbs, Garland, Jones. Pollard, Wheeler and Mayor {I $toller ................................... 6. I NAYS: None .....................O. (Mr. absent) Young I ZONING: Council having previously set a public hearing for 2:00 p.m., IJune 15, 1964, on the request of Mr. Larry A. DO~. et mx., that property located Ion the east side of South Jefferson Street, between YeIlo~ Mountain Road and 'Tmenty-second Street, described as Lots 1-10. inclusive. Block 67. Crystal Spring Land Company, Official Tax No. 4060601, be rezoned from Special Residence District Business District, the matter ~as before the body. In thisconnection, the follo~ing communication from the City Planning Commission. recommending that the request be denied. ~ss before Council: "May 7, 1964 The Honorable Murray A. Stoller, Mayor, and Members of City Council Roanoke, Virgiula 217 218 Gentlemen: In its May 6, 1964 meeting the CSt7 PlsnnJng Commission considered the above rezoning request. The Commission uss Informed thst the omner or the property is planning to erect a structure 148 feet high contsinin9 125 apartments and cnmmercisl uses on the ground floor. Raving made field inspection sad slier doe consideration of all the factors involved, the Plsnning Ccmuission concluded that coumerciul use as proposed uould not be compatible mJth the general character of the area und would be detrimental to the value of the neighbor- hood. The Commission is of the opinion that the proposed high-rise building is a use which is too intensive for this particular ares, creating excessive residential densities, causing traffic problems and making the area subJect to future attempts for additional business development. The City Planning Commission. therefore, suggests to City Council that the above rezonfng request for busfness use be denied. Sincerely yours. S/ Yerner K. Sensbach B. M. Eubank Vice-Chairman" The City Clerk brought to the attention of Council n communication previously received from Mr, Joe P. Gills, Vice President and General Manager of the Appalachian Power Company. concurrin9 in the requested resuming for the reason that the presence of this type of facility answers the always expected question of the inquiring industrialist interested in this form of accommodation, therefore, it is important that the creation of this structure be implemented for the benefit of the Roanoke Valley. The City Clerk also brought to the attention of Council communications previously received from Mr. Bentley H. Strickland, the Board of Trustees of Roanoke Memorial Hospital and Mrs. Anne Saunders, as well as petitions signed by 191 property owners, objecting to the request for resuming on the grounds that to rezone the property for business purposes would leave it open for any and all types jul construction which would be detrimental to the neighborhood and that the erection of such u large apartment building would increase traffic in the area. The City Clerk then presented a communication from Mr. Frank M. Perkinson. Jr., Attorney, representing the petitioners, requesting permission to withdram the petition for resuming. Mr. Rheeler moved that Council concur in the request for permission to ~lthdra~ the petition for resuming. The motion was seconded by Mr. Pollard and unanimously adopted. ZOMI~G: Council having previously set a public hearing for 2:00 p.m., June 15, 1964, on the request of Mrs. Edriss D. Crowder, et al., that a 3.28-acre tract of land located on the north side of Lyndhurst Street, N. R., between Round Rill Avenue and Rtllcrest Avenue. designated as Official Tax Mo. 2070221, be rezoned from General Residence District to Special Residence District, the matter was before the body. In this connection, the folloming communication from the City Planning Commission. recommending that the request be denied, was before Council: "May ?, 1964 The Honorable Hurray A. Stoller, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: Daring its May 6, 1964 meeting the Planning Commission considered the above renaming request. It wan learned that this 3.20nacre tract of land nas intended for the construction of apartments containing approximately 100 units. Having made field inspection and after doe consideration Of all factors involved, the Planning Commission concluded that; (u) this City block shuns a solid development of single-family homes and that its character is firmly established; (b) because of the configuration of the lot involved, this land is not very suitable for high density residential development, and (e) that p~ blems of traffic control can be expected at the Outlet of a cul-de-sac street emptying into Lyndhurst Street. The City Planning Commission therefore recommends to City Council that the above rezonin9 request be denied. Sincerely yours. S/ Werner K. Sensbach for B. N. Eubank Vice-Chairman' Mr. Stuart A. Barbour, Jr.. Attorney, representing the petitioners, appeared before Council Jn support of the request of his clients, Mr. Barbour pointing Out that the large tract of land is lying idle and that if apartments were constructed thereon the city would derive more taxes therefrom, that, in his opinion, the character of the homes in the neighborhood is Such that real estate values would not be depreciated by the construction of apartment units on the land in question, and that since the tract of land is only about SOO feet from Wllliamson Road he does not feel the apartments would create a traffic problem. Appearing in opposition to the request for rezoning Mere Messrs. Amil J. Bennie, Henry F. Hall, F. S. Webber and H. E. Coleman. with Mr. Bennie acting as spokesman, Mr. Bennie presenting a petition signed by ?0 residents objecting to the proposed rezoning on the grounds that it would create a traffic problem, as well as drainage and mater pressure problems. Everyone having been given an opportunity to be heard on the matter, Mr. Jones moved that Council concur in the recommendation of the City Planning Commission and that the request for rezoniflg be denied. The motion was seconded by Mr. Busies and unanimously adopted. INTEGRATION-CITY GOVERNMENT: A delegation of members of the Roanoke Branch of the National Association for the Advancement of Colored People appeared before Council, with the Reverend R. R. Wilkinson, President. acting as spokesman. and requested cooperation in enforcing the non-discriminatory policy of the city with regard to hiring and promotion of city employees, particularly in the Sanitation Department, Mr. Wilkinson advising that when the City Incinerator was first put into operation Negroes were given the Jobs of driving the dump trucks with no driver*s rating, but that they have nam been replaced by eight 219 220 white drivers ~bo had not worhed for the Sanitation Department previously; that when the Incinerator nas coupleted npproxluately fifteen crane operators were needed with no one being qualified for the Jobs, white or colored, however, fifteen mhite persons were selected to be trained to operate the cranes and no colored, and that when one colored employee, a veteran and a high school graduate, os&ed for the Job he was told no Negroes would be allowed to operate the cranes. After a discussion of the matter. Mayor Stoller advising Mr. Milkinson that Council intends to see that the non-discriminatory policy Js enforced. bat that it must first have proof discrimination is being practiced. Mr. Wheeler moved that the request be referred to the City ~ansger for study nad report to Council. The motion ~ns seconded by Mr. Jones and unanimously adopted. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company. trans-jj mltting a list of street lights which here installed and/or removed during the month Of May, 1964. was before Council. On motion of Mr. Jones, seconded by Mr. Wheeler and unanimously adopted. the communication nas filed. ZONING: A petition of Mr. J. Glen~ood StrJckler. Attorney, representing Mr. R. R. Quick. requesting that property located on the westerly side of Winthrop Avenue, S. W., between Twenty-third Street and Tuenty-sixth Street, described as Lots 13-18. inclusive. Block 5. Minona Addition, Official Tax Nos. 1270113-1270118. inclusive, be rezoned from General Residence District to Special Residence District, was before Council. On motion of Mr. Jones. secouded by Mr. Wheeler and unanimously adopted. Mayor Stoller and Councilman Mheeler, as nell aa the City Manager, indicating a desire to attend the conference, Mr. Mheeler moved that the City Clerk notify the American Municipal Association accordingly and that the communica- tion be filed, The motion mas seconded by Mr. Jones and unanimously adopted. REFUNDS AND REBATES-LICENSES: A communication from Mr. Clark Eversole, requesting a refund of $100.75. representifl9 the amount paid for a Mholesale Peddlers* License for the year 1964. since he has not and will not he able to use the license due to ill health, mas before Council. In this connection, Mr. Andrew W. Gilbert, Assistant Commissioner of the Revenue, appeared before Council and advised that the license in question J$ a state license rather than a city license. It appearing that Council has no power to act on the request. Mr. Mheeler moved that the communication he filed and that the City Clerk notify Mr. Eversole that his request should be directed to the State Department of Taxation. The motion mas seconded by Mr. Pollard and unanimously adopted. NATEH DEPARTMENT: A petition signed by t~enty-six residents of the East Gate Section, complaining of low Mater pressure and muddy water in their section and requesting that new water mains be installed in the area. ~as before Council. Mr. Jones moved that the complaint be referred to the City Manager for study along with a similar study being made of the Nilltamson Road Section and to report hack to Council. The motion was seconded by Mr. Rheeler and unanimously adopted. BUDGET-SCHOOLS: A communication from Mr. A. F. Fisher, Business Manager and Clerk of the Roanoke City School Board, advising that the insurance premium on certain vehicles exceeds the appropriation by $36 and requesting that this amount be transferred from Transportation by Contract to Transportation Insurance (Station Wagon) under Section 35000, *Schools - Pupil Transportation,* of the 1964 budget, was before Council. Mr. Wheeler moved that Council concur in the request and offered the follouing emeroency Ordinance: (=15850) AN ORDINANCE to amend and reordatn Section 35000. 'Schools - Pupil Transportation,~ of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27. page 205.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard. Wheeler. and Mayor Stoller ................................... NAYS: None .....................O. (Mr. Young absent) BUDGET-SCHOOLS: A communication from Mr. C. M. Hawkins, Chairman of the Roanoke City School Board, advising that the 1964 Legislature allocated an increase of $222,390.00 to the Roanoke City School System for professional 22.1 222 salaries for euch year of the biennium beginning July 1, 1964, $111,145.00 of mhich mill be received during the period July I to December 31, 1964, and requesting that the $I11,145.00 be appropriated in order to enable the School Board to revise its professional salary schedules effective July l, 1964, mas before Council. In this connection, #r. Bsuklns appeared before Council and explained that the revised professional salary schedules provide for an approximate monthly increase for all teachers, school principals, and professional adminis- trative personnel mith an additional $15.per month for teachers holding masters degrees. After u discussion of the mutter, #uyoF Stoller indicating a desire to obtain accurate infatuation as to the over-all financial position of the city before granting salary increases to school personnel, and Messrs. Wheeler and Pollard voicing the opinion that the funds have been allocated by the state for the purpose of such increases, therefore, the teachers expect them and any delay would be bad for the morale of school personnel, Mr. Wheeler moved that Council concur in the request of the School Board and offered the following emergency * Ordinance: (~15851) AN ORDINANCE to amend and reorduin Section ~1000. "Schools- Administration,' Section ~2000, 'Schools-lnstruction,# Section ~3000, '~cbools- Attendance Services," Section 5?000, 'Schools-Walntenance of Plant and Equipment," and Section 39000. "Schools-Food Services." of the 1964 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the folloain9 vote: AYES: Messrs. Bowles. Garland, Jones. Pollard, Wheeler and Mayor Stoller .................................. NAYS: None ....................O. (Mr. Youn9 absent) BEPORYS OF OFFICERS: BUDGET-FIRE DEPARTMENT: The City Manager submitted a written report, recommending that $50 be transferred from the appropriation for Scott Air-Paks to the appropriation for a Wet Pick-up Yscuum under Other Equipment - New. Section 562. "Fire," of the 1964 budget. Wt, Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15852) AN ORDINANCE to amend and reordsin Section ~62, "Fire." of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27. page 20?.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Wesars. Bowles, Garland. Jones. Follnrd, MAce/er and Mayor Stoller .................................. 6. NAYS: None ....................O. (Mr. Young absent) BUDGET-CITY AUDITOR: The City Manager submitted a uritten report, recommending that $255 be appropriated to Office Furniture and Equipment - Replace- ment under Section 310, *Auditor," of the 1964 budget, to provide for the installation of a Pin Feed platen on accounting equipment in the office of the City Auditor In order that continuous forms may be used in preparing the Income tax deductions for the Federal and State Governments. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the fallowing emergency Ordinance: (~lSBB3) AN ORDINANCE to amend and reordain Section ~10, 'Auditor,' of the 1964 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 27. page 208.) Mr. Pollard moved the adoption of the Ordinance. The motion wan seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland. Jones. Pollard, ~heeler and Mayor Stol/er .................................. NAYS: None ....................O. (Mr. Young absent) BUDGET-POLICE DEPARTMENT: The City Wanager submitted o written report. advising that a motorcycle used by the Police Department was damaged beyond repair in an accident and recommending that $1,141.B7 be appropriated to Vehicular Equipment - Replacement under Section :60. "Police." Of the 1964 budget, to provide for the purchase of a new motorcycle. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (315054) AN ORDINANCE to amend and reordain Section ~60, "Police," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 27. page 208.) Mr. G~rlund moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles. Garland, Jones, Pollard, Wheeler and Mayor Stoller .................................. 6. NAYS: None ....................O. (Mr. Young absent) BgBGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a written report, advising that he has been informed by the State Board of Welfare and Institutions that it has authorized $28.71 per day as a new maximum rate for in-patient care which can be approved for state reimbursement On state-local hospitalization contracts, effective July 1, 1964, and recommended that Fees for Professional and Special Services under Section ~SO, "Hospitalization," of the 1964 budget, be amended to increase the present rate of $27.32 per day to $28.71 per day effective July 1. 1964. 223 224 Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the f,Il,ming emergency Ordinance: (=15855) AN ORDINANCE to amend and reordain Section nSo, 'Hospitalization of the 1964 Appropriation Ordinance. nnd providing rot an emergency. (For full text of Ordinance, see Ordinance B,oh No. 27. page 209.) Rv.Wheeler moved the adoption of the Ordinance. The notion mas seconded by NV. Pollard and adopted by the f,Il,ming vote: AYES: #essrso Bowles, Garland, Jones. Pollard. Wheeler and Mayor 5toiler .................................. NAYS: None ....................O. (Mr. Young absent) DGDGET-PAY PLAN: The City Manager submitted a written report, recommend- fog that $15,000 be appropriated to Overtime Pay Under Job Classification under Section 3165. 'Overtime Pay and Salary and Naoe Adjustments Under Job Classifica- tion Plan," of the 1964 budget. Mr. Garland moved that Council concur in the recommendation of the City Manaoer and offered the following emergency Ordinance: (215856) AN ORDINANCE to amend and reordain Section =165, "Overtime Pay and Salary and Wage Adjustments Under Job Classification Plan," of the 1964 Appropriation Ordinance, and providing for on emergency. (For full text of Ordinance, see Ordinance Oook No. 27, page 209.) Mr. Garland moved the adoption of the Ordinance, The motion was seconded by Mr. Nheeler and adopted by the follosing vote: AYES: Messrs. Boules, Garland, Jones, Pollard. Mheeler and Mayor Stellar .................................. NAYS: None ....................O. (Mr. Yens9 absent) DUDCET-PAY PLAN: The City Manager submitted the following report. recommending that certain vacancies in various municipal departments be filled since they are of an emergency nature: *Roanoke, Virginia June 15. 1964 TO the City Council Roanoke. Virginia Gentlemen: Yhe following employees are needed for the efficient operation of the City: AIRPORT - Department Clerk PARKS AND RECREATION - Maintenance Laborer, Grade 10, Step 1 HEALTH DEPARTMENT - Janitor II, Group 15 · ELFARE DEPARTMENT - Case~orher FIRE DEPARTMENT - Due to the disability retirement of Engineer N. N. Kopcial, I am requesting authority to employ a fireman. Respectfully submitted, 5/ Arthur S. Owens City Manager" The City Manager verbally reporting that the filling of the position of Janitor in the Health Department is urgent. Mr. Gerlend moved tbet Council concur in the recotmeudetions of the City Manager end offered the folloming Resolution: (51585?) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book Ho. 27. page 210.) Mr. Garland moved the adoption of the Resolution. The motion mss seconded by Mr. Jones and adopted by the follomJng vote: AYES: Messrs. Boules. Garland. Jones. Pollard, Mheeler and Mayor Stoller .................................. NAYS: None ....................O. (Mr. Young absent) Mr. Jones then moved that the City Attorney prepare the proper measure authorizing the City Manager to fill the remaining vacancies as recommended. The motion was seconded by Mr. Bo~les and unanimously adopted. WATER DEPARTMENT: The City Manager submitted a written report, advising that during a regular meeting of the administrators of Roanoke Valley they expressed concern over future water needs of the Valley and are uniform in their belief that appropriate studies should he made to find out where water is available in the Valley or at what points additional water could he brought into the area for use, the ~dministrators suggesting that a committee of two members from each political subdvision be appointed for the proposed study and strongly urging that the firm of Alvord, Burdich and Howson. Consulting Engineers, be employed to bring previous reports up to date in order to provide necessary and pertinent information to the several governing bodies in Roanoke Valley. Mr. Wheeler moved that the question of a study of the future water needs of Roanoke Valley be referred to the Regional Planning Commission for conference math the Administrators of the Valley and report back to Council. The motion was seconded by Mr. Garland and unanimously adopted. OFFICE HOURS-CITY EMPLOYEES: The City Mnnager submitted the following report, recommending that Fridey, July 3, 1954. be declared a legal holiday for city employees: "Roanoke, Virginia June 15, 1964 To the City Council Roanoke. Virginia Gentlemen: The City Council of the City of Roanoke through its generosity provided in Title 2, Chapter 3, Section II, *Office Hours and Holidays* provisions whereby employees receive holiday time durin9 each calendar year. Normally, this provides 8 days; houever, in 1964, February 22, May 30, July 4, all fall on Saturdays, thereby eliminating these days as possible holidays. I would like to recommend that you authorize by resolution that Friday, July 3, he made e holiday mitb the following provisions: 225 '226 1. For each eight hours a person is required to mort be- tueeu the hours of O smd $ that compensatory tine be provided, 2, In the event of an emergency requiring mort to be done that day, the City Managed. be authorized to pay double time for this duty, I believe the employees would be most appreciative of this action and I urge your cooaideratioo, Respectfully submitted, S/ AFthur S, Omens City Manager' After a discussion of the matter, the City Manager admitting that the Chief Of the Fire Department feels any fireman marling that day should be given twelve hours compensatory time off instead of eight hours, MFo Wheeler moved that Council concur in the recommendation of the City' Manager that July 3, 1964. be declared a holiday for city employees, and that the matter be referred to the City Attorney for preparation of the proper measure, including a provision that firemen who work On that day shall be given twelve hours compensatory time off. The motion was seconded by Mr. Pollard. Mr.Jones voiced the opinion that all city employees should be given a ~hole day off and moved that the motion be amended to provide that those firemen required to work on July 3. 1964. shall be given t~enty-four hours compensatory time off. The motion was seconded by Mayor Stoller and adopted, Messrs. Garland nad Mheeler voting no. The motion, as amended, was then unanimously adopted. SIGNS: Council having referred to the City Manager for study, report and recommendation the request of Messrs. S. R. Sandell and John J, Ramsay, operators of the Lazy Suzan Restaurant. 3637 ~llliamsofl Road, N. ~.. for permission to encroach on city property approximately 24 inches for the purpose of erectin9 a supporting pole for an addition to an existing sign in front of the property. the City Manager submitted a nritten report, pointing out that if this permission is granted others may request similar encroachments and advising that he cannot recommend the continued violation of what he considers good municipal practices. Mr. [heeler pointed out that there are already numerous signs in this area of Wllliamson Road ~hicb are out of line and moved that the matter be referred to the City Attorney for preparation of the proper measure granting the request. The motion was seconded by Mr. Pollard and unanimously adopted. LEGISLATION-LICENSES: The City Attorney submitted the folloNing report with reference to a limitation on the amount the City Of Roanoke can expend for the purpose of advertising and giving publicity to its resources: 'June 11. 1964 The Honorable the Council of the City of Roanoke Gentlemen: Under date of June 1. 1964. in an opinion advising you that I find ne prohibition against the City using its City automobile il license togs for the purpose of advertising the City, I also coiled your attention to Section 15-13 of the current Code of Virginia providing that the councils cf the cities might expend one per centum of their annual revenue from all sources in adver- tising their respective resources, but limiting the amount the City of Roanohe could spend for sach purpose to three thousand dollars. You. in turn, directed the Clerk to advise the City*s delegation in the General Assembly that you desired that sold section he amended so as to eliminate this limitation against the City. ?hfs ,arcing, the ~oooroble #. Calduel] Butler called my attention to Section 15.1-10 of Article 2 of Chapter 623 or the Acts of Assembly of 1.962. Said section tends as follous: *Any county, city or toun may. in Its discretion. expend not exceeding two per centum Of the locally derived revenues Of the county, city or town for the purpose Of promoting the resources and advantages of the county, city or tonn. Such purpose shall include. without limiting the generality thereof, natershed projects and expenditures in connection therewith for which the county, city or toun may make expenditures without regard to the limitation hereinabove provided.* Apparently. it will repeal as of July 1. 1964. the section men- tJoned in my letter of the 1st and will place the City of Roanoke on a par with Other cities nhich is precisely #hat you wanted OUr delegation to accomplish. ! am sorrF that I did not know of the pass,ge In 1962 of this section but as it has not yet been indexed or codified, it would have been most difficult fat other than a member Of the legislature to know Of it. Very truly yours. S/ Ran G. ghtttle City Attorney" On motion of Mr. Pollard. seconded by Mr. Wheeler and unanimously adopted. the report was filed. TRAFFIC-ALCOHOLIC BEVERAGES: The Assistant City Attorney submitted the following report Jn connection with the amended *Implied Consent Law* which becomes effective July l, 1964: "June 11, 1964 The Council of the City of Roanoke Gentlemen: There is transmitting herewith for your consideration, and recommended for adoption, an ordinance nhich mould amend Chapter I Of Title I¥III of the City Code. with reference to motor vehicles. The section proposed to be added to the $! J. N. Kincanon 227 228 Muyor St,lief relinquished the Choir smd offered the folloxiug emergency Ordinance: (niSDSD) AN ORDINANCE to auen~ ~icle V, Division 3, of Chapter 1, Title XVIII, of the Code of the City of Roanoke, 1956, os amended, feinting to the driving of automobiles, engines, otc** mhile under influence of intoxicants or narcotics, by the nddjtton of a new section, declaring the provisions of Chapter 240 of the 1964 Acts of Assembly of Virginia applicable to nil prosecutions for vi,lotion of section 76 of said Article, Division, Chapter and Title; fixing the effective dste of this ordinance; and provJdin9 for un emergency. (For full text Of Ordinance. see Ordlnunce Book No. 2?. page R10.) Bt, Stoller moved the adoption of the Ordinance. The motion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Jones. Pollard. St,lief. Wheeler and Vice Mayor Garland ............................ 5, NAYS: None ....................O. (Mr. Young absent) PENSIONS: A communication from Mr. William F. Brlggs. Secretary of the Employees* Retirement System of the City of Roanoke, transmitting o report on an audit of the system for the year 1953. was before Council. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the report nas filed. REPORTS OF COMMITTEES: MUNICIPAL BUILDING: The committee appointed to study the bid received for furnishing and installing air-conditioning units in the Municipal Building submitted the following report: "June Il, 1964 Roanoke City Council Roanoke. Virginia Gentlemen: Bids were received and opened before City Council on Monday. June 8, 1964, for the furnishin9 and installing of air conditioning units in the Municipal Buildin9. One bid Mas received on this mork. This bid was submitted by Johnston- Vest Electric Co., Inc.. in the total amount of $22.262.00. Attached is a breakdown of this bid. As can be seen from TOTAL ............................................ $10,501.00 There is $10o360.00 set up in the 1964 Dudget for mir conditioning of the Municipal Building. The moth that is herein recommended, amounts to $10.301.00. The advertising costs amounted to $17.00. mnhing · total of $10,518.00, It is further recommended that the sue of $10,516.00 be appropri- ated to provide sufficient funds to cover the three (3) units of work recommended and the advertising costs. Respectfully submitted, S/ James E. Jones James E. Jones, Chuirmun S/ H. Cletus Broyles H. Cletus Droyles Director of Public Murks S/ Arthur S. Omens Arthur S. Omens, City Manager S/ B. D. Thompson Dueford B. Thompson Purchasing Agent" Mr. Jones moved that Council concur in the recommendations of the committee and offered the following emergency Ordinance accepting the proposal of Johnston-Vest Electric Corporation for furnishing and installing three units: (=15859) AN OROINANCE accepting the proposal of Johnston-Vest Electric Corporation for furnishing and installing air-conditioning units in the Municipal Building: authorizing the proper City officials to execute the requisite contract: and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 2?. page 211.) Mr, Jones moved the adoption of the Ordinance. The motion was seconded by Mt. Mheeler and adopted by the following vote: AYES: Messrs. Bowles. Garland, Jones, Pollard, Wheeler and Mayor Stoller .................................. 6. NAYS: None ....................O. (Mr. Young absentl Mr. Jones then offered the following emergency Ordinance appropriating an additional $158: (~lSmbO) AN ORDINANCE to a~end and reordain Section ~mT. "Municipal Building," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 212.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard. Wheeler and Mayor Stoller .................................. 6. NAYS: None ....................O. (Mr. Young absent) Mr. Jones then moved that the question of installing the remaining three air-conditioning units in the Municipal Building be referred to the Budget Commission for possible inclusion in the 1965 budget. The motion was seconded by Mr. Mheeler and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 1S830, vacating, discontinuing and closing a portion of an alley lying between Blocks S and 6 and Block 17, according 229 230 to the Nap of Pork Land sad Improvement Company, extending from the westerly boundary line of the right of way of the Norfolk and Nestern RaJlmny Company in an easterly direction, recently vacated, discontinued and closed to a point 65 feet west of the mesterly line of Third Street. S. E** to a point SO feet uest of the westerly line of Third Street, S. E.. having previously been before Council for its first reading, rend and laid over. was again before the body. Hr. Wheeler offering the following for its second reading and final adoption: (~15830) AN ORDINANCE vacating, discontinuing and closing n portion of an alley lying between Block 6 and Block IT. according to the asp of Park Land and Improvement Company. extending from n point 65 feet west of the westerly line of Third Street. S. E.. to a point $0 feet west of the westerly line of Third Street, S. E.. and bain9 15 feet in length and 15 feet in width. (For full text of Ordinance, see Ordinance Book No. 27. page 203.) Rt. Nheeler mored the adoption of the Ordinance. The motion nas seconded by gr. Pollard and adopted by the following vote: AYES: Messrs. Bowles. Garland, Jones, Pollard, Wheeler and Mayor Stoller .................................. NAYS: None ....................O, (Mr. Young absent) ZONING: Ordinance No. 15831. rezoning property located on both sides of Round Blll Avenue - Meadows Street, N. M., between flo~man Street and Spring Eollow Avenue, described as Lots I and 2. Block 1. Bowman Lann, Official Tax Nos. 2071701 and 2071702. and Lots I-S. inclusive, Block 2, Bowman Lawn, Official Tax Nos. 2071801-2071805. inclusive, 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 reading and final odoption: (~15831) 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. 27, page 204.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland. Jones, Pollard. Nheeler and Mayor Stoller .................................. NAYS: None ....................O. (Mr. Young absent) BUILDING CODE: Ordinance No. 15639, amending and reordaining Section 1. National Building Code -- Adoption. Chapter 1. Building Code, Title XV. of The Code of the City of Roanoke. 1956, to include the 1957 and 1963 supplements of the National Building Code. 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: (~15D39) AN ORDINANCE to amend and reordain Sec. 1. 'National Building Code--Adoptiont of Chapter 1. 'Building Code* of Title XV. 'Construction, Alteration and Use of Land. Buildings and Other Structures' of The Code of the City of Roanoke, 195b. (For full text of Ordinance, see Ordinsnee Book No. 27, PoRe 205.) #r. Pollard'Bayed the edoption of the Ordinance. The motion uss seconded by Mr. Mheeler and adopted by the folloning vote: AYES: Messrs. Oonles, Garland, Jones, Pollard. Mheeler nad Mayor Stoller .................................. 6. NAYS: None ....................O. (Mr. Young absent) ELECTRICAL CODE: Ordinance No. 15R40, amending and reordaining Section 16. Standards of York. Chapter 2, Electrical Code. Title X¥. of The Code of the City of Roanoke. 19S6. to Include the 1962 edition of the National Elec- trical Code. having previously been before Council for its first reading, read and laid over..as again before the body. Mr. Wheeler offerln9 the f,Il,win9 for its second reading and final adoption: (=15840) AN ORDINANCE to amend and reordaln Sec. 16, 'Standards of ,ark* of Chapter 2. 'Electrical Code' of Title XV. *Construction. Alteration and Use of Land. Buildings and Other Structures' of The Code of the City of Roanoke, 1956. (For full text of Ordinance. see Ordinance D,ok No. 2T, page 214.) Mr. Wheeler moved the adoption of the Ordinance. The motion ,as seconded by Mr. Jones and adopted by the f,Ilo, lng vote: AYES: Messrs. Bo.les. Garland. Jones. Pollard. Mheeler and Mayor Stoller .................................. 6. NAYS: None ....................O. (Mr, Young absent) BUDGET-PAy PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in same; shereupon, Mr. Pollard offered the follo~ing Resolution: (=15R61) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Rook No. 27. page 212.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Uo~les. Garland, Jones, Pollard, Wheeler and Mayor St,lief .................................. 6. NAYS: None ....................O. (Mr. Young absent) TRAFFIC-STATE HIGHWAYS: Council having directed the City Attorney to prepare the proper measure authorizing the installation of a traffic control signal and related equipment on Williamson Road. N. E.. at the entrance to the property of the Magic City Motor Corporation. with the proviso that the Magic City Motor Corporation will pay one-bali of the total cost thereof, he presented Mr. Jones pointed out that the draft of Ordinance provides that the Magic City Motor Corporation will bear one-half of the cost of the installation 231 232 and moved that the Ordinance be amended to provide that the corporation mill hear one-half of the total coat. The motion uss seconded by Mr, Wheeler and unsniuously adopted. . Mr. Wheeler then offered the f,Il,ming emergency Ordinance authorizing the installation of the traffic control signal: (n15862) AN ORDINANCE authorizing the installation of u traffic control signal at the Junction of the Magic City Motor Corporation driveuay and Williamson Rood, N. E.; and providin9 for un emergency. (For full text of Ordinance, see Ordinance Book Mo. 27, page 213.) Mr. Wheeler moved the adoption of the Ordinance. The motion mas Seconded by Mr. Pollard and adopted by the f,Il,ming vote: AYES: Messrs. O,wiss, Outland, Pollard, Wheeler and Mayor Stoller .................................... MAYS: Dr. Junes .....................1.' (Mr. Young absent) Mr. Wheeler then offered the following emergency Ordinance appropriatin9 $1.045.30 to cover the cost of the equipment: (315853) AN ORDINANCE to amend and reordain Section 3910 "Traffic Engineer- ing and Communications.# of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 214.) Mr. Wheeler moved the adoption of.the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following Vote: AYES: Momars, Bowles, G~rland, Pollard, Wheeler and Mayor St,tier .........5. NAYS: Mr. Jones ...........................................................1. (Mr. Yonng absent) MOTIONS AND MISCELLANEOUS BUSINESS: AUDITORIUM-COLISEUM: Mr. Jones presented the following report of the Roanoke Y~lley Civic Center Committee: "June 4, 1964 Council of the City of Roanoke Board of Supervisors of the County of Roanoke Board of Supervisors of the County of O,tat,art Council of the To~n of Salem Council of the Town of Vinton Gentlemen: Your committee appointed for the purpose' of investigating and recommending to you sites for and the means of providing a coliseum and auditorium for the entire valley has met regularly, viewed suggested sites, and discussed mays of joint financing of such facil- ities. After weeks of study and deliberation, we submit for your consideration the following recommendations which areunanJmously agreed to by the members of the committee: {1) There is no necessity for buying a joint coliseum-auditoriu~ (2) A coliseum for the entire valley should be built on the 'Salem Site* for the foll.omln9 reasons: (n) The site is of ample size for such a structure end has been offered at no cost. (b) There is ample space for more than adequate purhin9 facilities. (c) The Town of Salem is already obligated to build a Com- munity Center on thii site by its Bond Issue Ordinance and now bas the funds available for this purpose. (3) An auditoriuu for the entire valley should be built on the 'Commonwealth Site' for the follouing reasons: (u) The site is of unpin size for an auditorium and accompanying parking facilities. (b) This site is near to hotels, motels and restaurants which are much more of a necessity to an auditorium than to a coliseum. (4) Both the valley~ide coliseum and the valley~ide auditorium should be operated and maintained by all the political subdivisions in the valley on a contract basis subject to u referendum Mhere required. (5) That the City of Roanoke shall initiate a bond referendum for the construction of an auditorium and exhibit hall on the *Commonwealth Site* in the City of Roanoke. (6) That the Tush of Salem. the Town of Vlnton and the County of Roanoke shall proceed with a referendum for the cons- S/ Leonard ¥. Hale, Jr. S/ Jack K. Dame S! James E. Jones in this project by immedinte action. 233 '234 Mayor Stoller stated that these are facilities mhlch ore needed and that the procedure recoumended by the committee is the may to get tbeu, that this method may not be ideal, but it is realJzsble and he. thlnhs the Batter should be solved at the present meeting of Council** Mr. H. Clay Ferguson, President of Dowatoun Roanoke. Incorporated, appear~ before Council and presented the follumiug co~uunication opposing the proposal to split the uuditoriuu-coliseum facilities: "June 15. 1964 Mr. James E. Jones Councilman City of Roanoke Dear Mr. Jones: The Roard of Directors of Downtown Roanoke. Inc.. mishes to go on record as strongly opposing the propnsal of the Valley Civic Ceflter Study Committee to spilt the AudJtorinm-Co]ise#m facilities, The future of Roanoke Valley may well depend on two elements: one. the prosperity of its central business district; and tau, the unity Of effort by the people of its multiple governments. Me feel that the present study proposal will tend to destroy both. Much time, effort and thought uent into the planning of the original Commonwealth Proposal which was approved by all authorities as being right for the Valley. What has changed? The only question that remains is the method of financing. Downtown Roanoke, Inc., believes there are several avenues yet unexplored. ~herefore, Downtown Roanoke. Inc.. recommends that Council defer any immediate action to approve this suggestion to split the Civic Center facil Jt ins. Sincerely, DOWNTON~q ROANOKE, INC. S/ H. Clay Ferguson H. Clay Ferguson, President" Messrs. L. G. Lazarus. Francis H. Ewald. Lacy L. Platt and T. T. Moore spoke in support of the request of Downtoun Roanoke. Incorporated. Mr. B. B. Harden expressed the opinion that if the downtown merchants and other citizens in the Roanoke Valley would show their willingness to pay a portion 7.,-1 ....... .... . C~ty Clerk Rayor 235 COUNCIL, REGULAR MEETING, Monday, June 22, 1g64. The Council of the City of Roanoke met in reoular meeting in the Council Chamber in the Municipal Building, Monday, June 22, 1964, at 2 p.m., the regular meeting hour, mith Mayor St*liar presiding. PRESENT: Councilmen Ralph R. Bowles, Robert A. Garland, James E. Jones, Roy R. Pollard, Sr., Vincent $. Wheeler, Walter L, Young and Mayor Murray A. Stoller ............................... 7. ABSENT: None ...............O. OFFICERS p~ESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph G. · hittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by Mr. Charles A. Carper Youth Secretary, Y. M. C. I. MINUTES: Copy of the minutes of the regular meeting held on Monday, June O, 1964, baying 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. UEARINU OF GITIZENS UPON pUULIC MATTERS: MUNICIPAL BUILDING: pursuant to notice of advertisement for bids on removal of the existing elevator, remodeling of the elevator shaft and installation of a new elevator car in the Municipal Building, said proposals to be received by the City Clerk until 1:30 p.m., Monday, June 22, 1964, and to be opened at 2:00 p.m., before Council, Mayor St*lief asked if anyone had any questions about the advertisement, and no representative present raising any question, the Mayor instructed the City Clerk to proceed ~ith the opening of the bids. In this connection, the City Clerk advised that the bid of the Otis Elevator Company was received after the deadline. Mr. Young moved that the bid be received. The motion was seconded by Mr. ~heeler and unanimously adopted. The City Clerk then proceeded to open and read the following bids: Otis Elevator Company $24,gSg Dominion Elevator Company, Incorporated 25,56B Mr. Wheeler moved that the bids be referred to a committee composed of Messrs. Walter L. Young, Chairman, Arthur $. Owens and H. Cletus Uroyles for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lo.est responsible bidder. The motion was seconded by Mr. Jones and unanimously adopted. DEPARTMENT OF PUBLIC NORKS: Pursuant to notice of advertisement for bids on a street sweeper, said proposals to be received by the City Clerk until 1:30 p.m. Monday, June 22, 1964, and to be opened at 2:00 p.m., before Council, Mayor St*lief asked if anyone had any questions about the advertisment, and no representa- tive present raising any question, the Mayor instructed the City Clerk to proceed 236 mith the opening of the bids; mhereupon, the City Clerk opened and read the fulton- lng bids: The Tidy Corporation - $ 9,512,18 Rish Equipment Company - 11,082.00 Shaffer Equipment and Supply Company 11,106.06 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 lomest responsible bidder. The motion mas seconded by Mr. Garland and unanimously adopted. Mayor Stoller appointed #essrs. Vincent S. Wheeler, Chairman, Roy R. Pollard.'Sr., Arthur S. Owens and H. Cletus Hroyles as members of the committee. DEPARTMENT OF PUBLIC WORKS: pursuant to notice of advertisement for bids on a refuse trailer, said proposals to be received by the City Clerk until 1:30 p.m.~ Monday, June 22, 1964, and to be opened at 2:00 p.m., before Council, Mayor Stoller asked if anyone had any questions about the advertisement, and no representative 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: Sanco Corporation - $15,050 Municipal Sales Company, Incorporated 17,971 The Tidy Corporation 23,325 Mr. Jones moved that the bids be referred to a committee to be appointed by the Mayor for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. The motion was seconded by Mr. Carland and unanimously adopted. Mayor 5toiler appointed Messrs. Vino eat S. Wheeler. Chairman. Roy R. Pollard. Sro. Arthur S. Owens and H. Cletus Broyles as members of the committee. DEPARTMENT OF PUBLIC WORKS: Pursuant to notice of advertisement for bids on a truck cab and chassis with a dempster dumpster hoist, said proposals to be received by the City Clerk until 1:30 p.m., Monday, June 22, 1964. and tO be opened at 2:00 p.m., before Council. Mayor Stoller asked if anyone had any questions about the advertisement, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids: whereupon, the City Clerk opened and read the following bids: International Harvester Company (Truck Cab and Chassis)- ~$ 5,965.95 5,098.10-Alternate Magic City Motor Corporation 14.785.33 Mr. Jones moved that the bids be referred to a committee to be appointed by the Mayor for tabulation and report to Council, the C. ity Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. Yhe motion wai seconded by Mr. Garland and unanimously adopted. Mayor Stoller appointed Messrs. Vincent 5. Nheeler, Chairman. Roy R. Pollard, Sr.. Arthur S. Owens and B. Cletus Broyles as members of the committee. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. M. Caldwell Butler, Attorney, represent log Parkway Center, Incorporated, requesting that property located on the north side of Cleveland Avenue, S. W., west of Thirteenth Street, described as part of Lot 3, 4 and $, Rlock 21, and parts of Lots.g and IO, Rloch. 22. Rest End and Rirer ¥1eu Land Company, being a portion of Official Tax Nos. 1220420 and 1220421 and all of Official Tax No. 1220422, be roaoned from General Residence District to Business District. was before Council. On notion of Hr. Jones. seconded by Hr. Nheeler and unanimously adopted. the request nas referred to the City Planning Commission for study, report and recommendation to Council. REFUNDS AND REBATES-LICENSES: A communication from Mr. W. L. Dowyer, owner of Central Motors, requesting that he be relieved of payment of $200.25, representing the difference in bis retail merchants license tax based On estimated gross sales'and actual gross sales made by him during, his tenure of business in the City of Roanoke, was before Council. ~. On motion of Mr, Jones, seconded by Mr. Garland and unanimously adopted, an appropriation of $17,500 for necessary furniture and equipment for ~he new 237 238 Mr. ~heeler moved the adoption of the Resolution. Tie motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Measrs. Bowles, Garland, Jones, Pollard,.Mheeler, Young and Mayor Stoller ........................... 7. NAYS: None ..................O. BUDGET-PA~KS AND PLAYGROUNDS-GARBAGE REMOYAL: The City Manager submitted a written report, recommending that $32S be appropriated to Incinerator under Section #170. "Capital.' of the 1964 budget, to cover payment of professional services rendered by the firm of Alvord, Burdick and Howson, Consulting Engineers. with regard to garbage incinerator equipment. Mr. Mheeler n,red that Council concur Jn the recommendation of tho City Manager and offered the following emergency Ordinance: (#15065) AN ORDINANCE to amend and reordain Section ~170. "Capital," of the 1964 ApproprlationOrdlnance. and providing for un emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 2lB.) Mr.Mheeler moved the adoption of the Ordinance. The motion nas seconded by Mr. Jones and adopted by the f,Il,win9 rote: AYES: Messrs. Boules. Garland. Jones. Pollard. Wheeler. Y,un9 and Mayor St,lief ........................... NAYS: None ..................O. BUDGET-LIFE SAVING CREWS: The City Manager submitted a written report. recommending that $1BO be transferred from Operating Supplies and Materials to Offic~ Furniture and Equipment under Section g66. "Life 5avia9 Crews.' of the 1964 budget. to provide for the purchase of a new typewriter by the Roanoke Life Saving and First Aid Crew. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the f. Il.wing emergency Ordinance: (~1586b) AN ORDINANCE to amend and reordain Section gbb. *Life Saving Crews,' of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 2lB.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones. Pollard. Wheeler, Young and M~yor Stoller ........................... 7. NAYS: None ..................O. BUDGET-DEPARTMENT OF PUBLIC WORKS: The City Manager submitted a written report, recommending that $199.50 be transferred from Operational and Construction Equipment - Additional to Maintenance of Machinery and Equipment under Section #BO. "Engineering." of the 1964 budget, to cover the cost of repairs to both printing machines in the Department Of Public Works. It appearing that this amount was erroneously transferred to Operating Supplies and Materials by Ordinance No. 15820. adopted on June 1. 1964. and that 239 the transfer should be made from that account, Mr. Pollard offered the follomJag emergency Ordinance: (ml~flG?) AN ORDINANCE to amend and reordoJn Section aGO, 'Engineering,' of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Oook No. 27, page 219.) Mr. Pollard moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Wesses. Dowles, Garland. Jones, Pollard. Mheeler, Young and Mayor St,lief .......................... ?. NAYS: None ..................O. TRAFFIC-SYATE HIGHMAYS: The City Manager submitted a written report, transmitting the Transportation Study for a Major Arterial RiQhmay Plan in the Roanoke Valley Regional Area as made by the firm of Howard, Needles. Tamen and Hergendoff, Consulting Engineers. Mr. Wheeler moved that the report be received and filed. The motion was seconded by Mr. Jones and unanimously adopted. AIRPORT: Council at its meeting on Ray 4. iq64, having adopted Ordinance No. 15750. providing for the acquisition of IS.q8 acres of land south of Hershberger Road, N.M., from the P. C. Huff Estate, or the legal owner thereof, needed by the City of Roanoke for the development, protection and expansion of Roanoke Municipal (Woodrum) Airport. for the net cash sum of $45,760, the City Manager submitted a wrtten report, recommending that he be authorized to make an offer of $66.026 for the land in question. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~l§060) AN ORDINANCE providing for the acquisition of certain real estate from the Peter C. Huff Estate, or the legal owner thereof, needed by the City for the development, protection and expansion of Roanoke Municipal (Woodrum) Airport; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 27, page 219.) Mr. Wheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Messrs. 0owles, Garland, Jones, Pollard, Mheeler. Young and Mayor St,lieF .......................... 7. NAYS: None ..................O. Mr. Nheeler then offered the f,Il,wing emergency Ordinance repealing Ordinance No. 15758: (=15869) AN ORDINANCE repealing Ordinance No. 15758; and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 27. page 221.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: 240 AYES: Messrs. Bowles, Garland, Jones. Pollard° Mheeler. Young and Mayor Stoller ........................... ?. NAYS: None .................. O. SEMERS AND STORM DRAINS-AIRPORT-STATE HIGRMAYS-MATER DEPARTMENT: Council having adopted Ordinance No. 15417 on September 30. lqba. authorizing the acqoisltio~ of approximately three acres of land la the vicinity of Roanoke Municipal (Y,,drum) Airport and the dedication of a part thereof, together with other real estate, to the Commonwealth of Virginia for the purpose of constructing an Industrial access road to the ne# terminal Of Associated Transport. Incorporated. the City Manager submitted a written report, advising that Associated Transport. Incorporated. the City Manager submitted a written report, advising that Associated Transport. Incorporated. has offered to convey to the city the land in question which is valued at ~9.940 in exchange for the extension of a water main by the city from Hershberger Road to its property at an estimated cost of $20.000. the City Manager pointing out that the water main could later be extended to augment the present supply to Roanoke Municipal (M,.drum) Airport at a cost of approximately $10.000 and recommending that the offer be accepted. After a discussion of the matter, Mr. Pollard pointing out that the city is furnishing storm drains, land for the access road and water to Associated Trans- port, Incorporated, in order to keep its terminal in the Roanoke Valley. but the county will receive the taxes from the operation of the industry, Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=15870) AN ORDINANCE authorizing the acceptance of a conveyance of 2.90 acres, more or less, from Associated Transport, lflc., in consideration of the City*5 laying an O-inch or larger water main from Hershberger Road to the south,rom,: line of said corporation*s proEerty; subsequently authorizin9 the dedication thereof Mr. Jones then moved that the.question of extending the proposed lndustria access road in a northerly direction along the property of Associated Transport, Incorporated, to the existing road leading to Roanoke Municipal (Moodrum) Airport, be referred to the Budget Commission for possible inclusion in the 1965 budget. The motion mas seconded by Mr. Mheeler and unanimously adopted. STORM BRAINS-STATE HIGRYAYS: Council having previously authorized the acquisition of the right of way which is required to properly drain the final project on Interstate Spur 501, the City Manager submitted a written report, advisin that there are drainage lines involved in this project and the Elm Avenue Bridge Project (B. S. Route 24) which are the responsibility of the state to carry to Roanoke River, that it has been suggested a single trunk line be constructed ~ufflcient in size to accommodate drainage from the city area as well as serving the two rpojects with the city paying a major portion of the total cost since the city's percentage of the drainage is a major part of the total project, that before the Virginia Department of Bighways proceeds further with the plan and design of the storm drains it would like to have from the city a Resolution expressing its willingness to participate in the cost of the Joint construction of the storm drains the City Manager recommending the adoption of the necessary Resolution. 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 was seconded by Mr. ~heeler and unanimously adopted. PARKS AND PLAYGROUNDS-STATE HIGHWAYS: The City Manager submitted a written report, recommending that Council convey to the National Park Service a year lease on 6.02 acres, more or less, of city-owned land on Mill Mountain in order to connect the Blue Ridge Parkway Spur with the new road the city will build on the north and east side of Mill Mountain. Mr. Wheeler moved that Council concur in the rem mmendatiofl 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. BUSES: Council having referred to the City Manager for investigation and report a complaint of Donna Jackson, Judy Jackson and Phyllis Leech with regard to bus service in the City of Roanoke, the City Manager submitted a written report, advising that it seems apparent the bus operator passed up the passengers uninten- tionally. In this connection, Mrs. Rarry J. Hagan, 151g Mine Avenue, $. E., appeared before Council and stated she still does not think the bus operator thought the girl~ waving him on instead of trying to flag him damn. Mr. Young moved that the report Of the city Manager he received and filed. The motion was seconded by Mr. Wheeler and unanimously adopted. LICENSES: Council having referred the question of advertising the City of Roanoke on city automobile license tags to the City Manager for study and report, 241 242 including an estimate of cost, the City Manager submitted a mritten report; pointing out that he delivered to Council, Informally, at its meeting on June 15, 1964, a series of proposed promotional advertising on the license tags and that Council selected and directed tbe purchase of the necessary plates mith the wording 'STAR CITY OF THE SOUTH - ROANOKE,' the City Manager advising that the additional cost should be under $100. After a discussion of the matter, Mr. ~heeler objecting that the design informally selected by Council at its last meeting breaks the work "Roanoke* :because of · star lo the middle thereof. Mr, Young moved that Council concur in the report of the City Manager as to cost with the understanding that the wording on the tags will be *ROANOKE - Star City of the South," and that the.tag number and yea mill be on the left side of the tag mith the star on the right side. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING-PARKS AND PLAYGROUNDS-STRE£TS AND ALLEYS: Council havin9 referred to the City Attorney and the City Manager for study and report the question Of the name of a street connecting Mound Hill Avenue and Meadows Street, H. M., the City Attorney and the City Manager submitted a joint report, advising that Plan No. 47q4 dated July 20, 1963, dedicatin9 and naming the connecting street as "Round Hill Avenue' has been recorded in Deed Book No. 1151, page 346. It being brought to the attention of Council that the City Planning Commission under date of March 22, Ir63, recommended that Meadows Street be extended in regard to street name and house numbering in a northerly direction to Lyndhurst Street, Mr. Polla~ moved that Council concur in the recommendation of the City Plan- ning Commission and that the City Attorney be directed to prepare the proper measure of Roanoke County that .the contract between the City of Roanoke.and the County of Roanoke dated Septewber 28, 1954, dealing with the treatment of domestic and eowmerclal wastes, be awended by adding thereto a 303.DY-acre tract of land west of U. S. Route 220 and north of the Blue Ridge Parkway owned by the Double T Corporation, the committee submitted the following report: 'Yo The Honorable Rayor and Members of Council At a regularly acheduled meeting of Council, held on June 1. you referred to a committee composed of the undersigned the request from the Board of Supervisors of Roanoke County that the City agree to transport and treat sewage originating in a 303.8?-acre tract of land west of U. S. Route 220 and north of the Blue Ridge Parkway, owned by the Double T~ Corporation. This land is located Immediately across Route 220 from the Rockydale Quarry and is being developed ns a high class residential section. It is proposed to construct a golf course and swimming pool to furnish recreation to the residents, and the lots will be larger than those normally found in such additions, approaching an acre in size. The maximum number of houses proposed to be built is 400. One hundred and fifty of these houses will be so located that the sewage would drain into a new line to be laid along Route 220 and which would connect to the south end of an existing city sewer in Franklin Road. This existing sewer is overloaded and at times overflows in the vicinity of Franklin Road and Broadway. It is the feeling of your committee that we should encourage the development of this subdivision but that the Franklin Road sewer Js grossly inadequate to take the sewage from the area. We met with the subdividers and discussed this problem with them and they in turn discussed it with certain Roanoke County officials. The subdividers and County officials are both interested in the construction of an additional line in Franklin Road, or along the small stream located just west of Franklin Road known as Ore Branch. After much discussion your committee now recommends that the City Attorney be instructed to prepare a resolution which will provide that the City will accept this area as an addition to our contract with Roanoke County, provided satisfactory financial arrangements can be ~orked out whereby the enlargement of the exist- lng sewer line in Franklin Read or the construction of an additional line in or near Franklin Road can be accomplished at a reasonable cost to the city, not exceeding what it would cost the city to enlarRe the present line to make it adequate for present-day use. If this recommendation is followed, the subdividers will, at their own expense, lay a line in Franklin Road from their property to the end of our present se~er in Franklin Road near the corporate limits Of the City. Route 220 just beyond the corporate limits is now being widened and repaved and it is the desire of the subdividers to lay the line prior to the ~ nstruction of the new pavement in order to save any added cost. It is, therefore, imperative that the city let the developers know whether or not we will accept the area for treating the sewage and a favorable vote on this recommendation may be regarded as a vote in favor of the resolution when prepared. Will you please authorize the preparation of the resolution. Si ~alter L, Y~unq Chairman Si Arthur ST OwEns S! Ran G, Whittle Mr. Young moved that Council concur iff 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. After a lengthy discussion of the matter, Mr. Jones offered a substitute motion that the matter be referred back to the committee to determine the difference In the cost of enlarging the existing sewer line in Franklin Road or constructing an additional line in or near Franklin Road to serve the property of the Double T 243 :244 Corporation and uhat it would cost the city to enlarge the present line to wake it adequate for present-day use; also. whether or not the Double T Corporation mould be willing to deed the entire sewer line from Its property to Franklin Rand to the City of Roanoke at this time, and to submit Its recommendation on a charge for servicing said area. The motion was seconded by Mr. Garland and unanimously adopted UNFINISHED BUSINESa: AUDITORIUM-COLISEUM: Council at its last regular meeting having deferred action on the recommendation of the Roanoke Valley Civic Center Committee that a coliseum be constructed in Salem by the Town of Salem. that an auditorium be constructed on the Commonwealth Site Jn Roanoke by the City of Roanoke, and that both facilities be operated and maintained by the five political subdivisions in Roanoke Valley on acontract basis, the matter was again before the body. In this connection, a large delegation of business and civic groups appeared before Council, with Mr. Earl A. Fitzpatrick actin9 as spokesman, and recommended that the recommendations of the Roanoke Valley Civic Center Committee be rejected, that Council out of current revenues immediately exercise its option for the purchase of a 22 l/2-acre tract of land in the Commonwealth Redevelopment Project area for a price of $SOu. O00, and that a committee be appointed by Council to work with a committee to be appointed by the business and civic groups toward the end that a public subscription campaign may be promoted by said business and civic groups, that other necessary financial arrangements may be considered, and that the entire project way be reviewed, in order that nn auditorium-coliseum may be constroc ted in the city mith the least possible coat to the citizens. Speaking in support of the statements of Mr. Fitzpatrick were Mr. H. Clay Ferguson, President of Downtown Roanoke, Incorporated, Mr. James A. Ford, President Of the Roanoke Junior Chamber of Commerce, Mr. L. L. Pratt, President of the Roanoke Merchants Association. Mr. T. T. Moore, President of the Roanoke Chamber of Commerce, and Mr. ~, Jackson Shepherd, Chairman of the Auditorium-Coliseum Subcommittee of The Citizens* Committee for Greater Roanoke. Mr. James P. Hart, Jr., recommended that Council purchase the Common- wealth Site, but that an Authority be created under the recent "Authority Act' to build and operate the facility, the Authority to be set up so Council members automatically serve as the sole trustees or governing body, thereby never losing control, that the Commonwealth Site be conveyed to the Authority. that the Authority sponsor a public subscription drive for $500,000 or $1,000.000, that the most needed facility be built, financed by a deed of trust lien on the equity Of the Authority in the land and buildings, and that deficits in cost of debt financing and operating cost be paid out of the general fund each year, thus eliminating the necessity for a freeholders bond referendum. Mayor-elect Denton O. Dillard complimented the business and civic groups on their proposal, pointing out it has been bis contention all along that those most directly concerned and those who could benefit most from an auditorium-coliseum should be given the opportunity to contribute toward the cost of such a facility, Mr. Dillard predictln9 that the freeholders will support a bond issue for an audi- torium-coliseum if e substantial amount for the facility is first raised bi public subscription. Dr. C. R. Cornell spoke In opposition to the recommendation of the Roanoke Valley Civic Center Committee to split the auditorium-coliseum facilities, protest- lng that the separation of the facilities would, among other things, Increase the cost of maintenance. Also speaking in favor of constructing the auditorium-coliseum on the Commonwealth Site was Dr. L. £o Paxton. Mr. Jones. the representative of Council on the Roanohe Valley Civic Cente] Committee. advised Council that he has been informed the Board of ~upervisors Of Botetourt County has gone on record as being in favor of the recommendations Of the committee, Mr. Jones stating that ~e committee ha5 spent about as much time on this matter as any project he has been assigned since he has been on Council, that the committee was told to do a job and under the circumstances did the best it could considering the defeat Of the last auditorium-coliseum referendum in Roanoke. and moved the adoption of the report of the committee. The motion was seconded by Mayor Stoller. hr. Outland read a prepared statement, recommending that Salem, with the proposed help of Roanoke County, be left to build a coliseum in Salem if it so desires, that the City proceed with the purchase of the Commonwealth Site. that a Sinking Fund of at least $100,000 per annum from general revenue be created to be that within no more than five years Council try again to secure freeholder approval for the project as proposed at ~hich time the amount requested ~ould be substantiallyl reduced by virtue of the fact the city will have paid for the land and have a considerable sum already set aside. Mr. Garland then offered a substitute motion that Council reject the report of the Roanoke Valley Civic Center Committee and that the matter be referred to the City Attorney for preparation Of the proper measure, said measure also to express the appreciation of Council for the time and effort spent by the committee on this matter. The motion was seconded by Mr. Bowles. After a further discussion of the matter. Mr. Fitzpatrick advising Council that the business and civic groups hope to raise at least $1,000.000 in the public subscription campaign, the substitute motion was adopted by tbe following vote: AVES: Messrs. Bowles, Garland, Pollard. Wheeler and Young .......... NAYS: Mr. Jones and Mayor Stoller .................................. After a discussion of the question of purchasing the Commonwealth Site from the standpoint of spreading the payments over a period of two years, Mr. Garland moved that tbe City Wanager be directed to negotiate with the City of Roanoke 245 Redevelopment nnd Rousing Authority as to proper terms end conditions for the of the Commonmealth Site.and to report bach to Council. The motion mas seconded by Mr. Rheeler and unanimously adopted. Mr. Mheeler then mored that o committee of three be appointed to work mit! the committee to be appointed by the business and civic groups, The motion mas seconded by Mr. Young and unanimously adopted. Mayor 5toiler appointed Messrs. Benton O. Dillard, Chairman, Robert A. Garland and James E. Jones as members of the committee. CONSIDERATION OF CLAIMS: NONE. INTRODUCIION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15840, rezoning property located on the north side Of McClanahnn Street, $. W.. between Rosalind Avenue and Carolina Avenue, described as Lot 1, Block 41, Crystal Spring, Official Tax No. 1040801, from Special Residence District to Business District, 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: (a15848) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section !. of'The Code of the City of Roanoke, lqSG, in relation to Zoning. {For full text Of Ordinance, see Ordinance Book No. 2?, page 215.) Mr. Nheeler moved the adoption of the Ordinance. The ~otion was seconded by Rr. Garland and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard. Rheeler, Young and Mayor Stoller ........................... ?. NAYS: None .................. O. ZONING: Ordinance No. 15849. rezoning property located on the north side' McClanahan street, S. W., betueen Rosalind Avenue and Carolina Avenue, described as Lots 2 and 3. Block 41, Crystal Spring, Official Tax Nos. 1040802 and 1040803. 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, Pollard offering the following for its second reading and final adoption: (=lSO4g) AN ORDINANCE to amend and reenact Title XV, Chapter 4, ~ection 1, of The Code of the City of Roanoke, 1956. in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 27. page 215.) Mr. Pollard moved the adoption of the Ordinance. The motion ~as seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones. Pollard, Mheeler. Young and Mayor Stoller ........................... 7. NAYS: None .................. BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper me'sure authorizing the City Manager to fill certain vacancies in various municipal departments since they are of an emergency nature, he presented same; whereupon, Mr. Garland offered the following Resolution: ,! (mlSO?l) A RESOLUTION ,authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Hook No, 27. page 222.) Mr. Garland moved the adap'tiaa of the Resolution. The motion was seconded by Mr, Mheeler and adopted by the folioming vote: AYES: Messrs. Bowles. Garland. Jones. Pollard. Mheeler. Young and Ma/or St,lieF .......................... NAYS: None ..................O. OFFICE HOURS-CITY EMPLOYEES: Council having directed the City Attorney to prepare the proper measure establishing Friday, July 3, 1964, as a legal holiday fur city employees, he presented same; mhereupon, Mr. Jones offered the following Resolution: (glSO?2) A RESOLUTION establishing Friday, July 3rd, as a legal holiday for the current year only. (For full text of Resolution, see Resolution Hook NO. 27. page 223.) Mi. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: M~ssrs. Bomle5, Garland, Jones. Pollard. Mheeler. Young and Mayor Stoller .......................... 7, NAYS: None .................. O. SIGNS: Council having directed the City Attorney to prepare the proper measure granting a permit to S. R. Jandell and John J. Ramsey. operators of the Lazy Susan Restaurant, to encroach on city property approximately 24 inches for the purpose of erecting a supporting pole for an addition to an existing sign in front of its property at 3597 Wiiliamson Road, N. M., he presented same; whereupon. Wt. Wheeler offered the following Resolution: (~!5873) A RESOLUTION 9ranting a permit to S. R. Sandell and John J. Ramsey, operators of the Lazy Suzan Restaurant, to encroach on City property. (For full text of Hesolution. see Resolution Book No. 27, page 22d.) by Mr. Pollard and adopted by the following vote: - AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler. Young and Mayor Stoller ................................ 7. NAYS: None ..................O. MOTIONS AND MISCELLANEOUS BUSINESS: ZONING: Council having previously rezoned land lying between Melrose Avenue and Orange Avenue, N. ~., west of Nineteenth Street, for the operation of a Kroger sture thereon, Mr. Leonard G. Muse, Attorney. representing The Kroger Company, appeared before Council, advising that the firm recently cut dowo some trees growing along the curb on Melrose Avenue so as not to blind the entrance to the store with the apparently mistaken understanding that it had the permission of the City Manager to do so. and that the company has been severely criticized for this action, Mr. Muse stating that The Kroger Company is very careful to comply with its commitments 247 248 and is Jqalous of its corporate image, accordlnglyt it mants to do mhaterer is necessary to correct so far as possible any misunderstanding in this matter, Mr. Ruse suggesting ~bat the city of Roanoke cause replantings to be made and The Kroger Company.will pay ~he cost thereof mltb the maximum In the neighborhood of $2,000, such replantings preferabll to.be of the type short In height for traffic safety purposes and to avoid contac~ with qlectric wires, o~, if the city prefers that The Kroger Company do the replanting, it will readily do so under the direotioJ of the city as to the type of planting that should be done. On motion of Hr. Young, seconded by Mr. Mheeler and unanimously adopted, the matter was referred to the City Manager for handling. SIGNS: Miss Mary Penn Ratberfoord appeared before Council and requested that the Roanoke Hridle Club be permitted to in~tail a banner at Jefferson ~treet and Campbell Avenue calling attention to the horse show to be held by the Roanoke Hridle Club at Raher Field on Saturday, June 27, 1964o Council being of the opinion that it would probably be better to place ti banner on Jefferson Street at Church Avenue, Mr. Young moved that Council concur in the request of the Roan*he Hridle?lub, with the understanding that the location of the banner will be determined by the City Manage~. and that the City Attorney be directed to prepare the proper measure ratifying the action. The motion was seconded by ar. ~heeler and unanimously adopted- SEMERS AND STORM DRAINS: Mr. G. W. Coleman, 2~04 Kermit Avenue, N. E., appeared before Council and complained of odors emanating from a pumping station in the vicinity of his home. On motion of Mr. Garland, seconded by Mr. Wheeler and unanimously the ma~ter was referred to the City Manager for study and report to Councill[ SCHOOLS: Mayor St,lief pointed out that there is a vacancy on the City School Hoard created by the resignation of Mr. J. p. Cruickshank ~hose term ends June 30, 1964, and called for nominations to fill the vacancy. Mr. Pollard placed in nomination the name of Samuel P. McNeil. Mr. Jones moved that the nominations be closed. ~he motion was seconded by Mr. ~heeler and unanimously adopted. Mr. Samuel P. McNeil was elected as a member of the Roanoke City School Board to fill the unexpired term of Mr. J. p. Cruickshank ending June 30, 1965, by the following vote: FOR MR. MCNEIL: Messrs. Bo~les, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ................. Mayor Stoller then called to the attention of Council that the terms of Messrs. David H. Burrows, Mtlliam T. ~atkins and Clarence M. Hawkins as members of the Roanoke City School Board expire June ~0, 1964, andcalled for nominations to fill the vacancies. Mr. ~heeler placed in nomination the name of Lewis P. Thomas. Mr. Young placed in nomination the name of Jack B. Coulter. ,! Mr. Jones placed In nomination the mane of Duncan C. Kennedy. Jr. Mr. Mheeler moved that the nominations be closed. The motion mas seconded by Rt. Young and unanimously adopted. Messrs. Lemis P, Thomas, Jack D. Coulter and Duncan C. Eennedy~ Jr., mere elected as members of the Roanoke City School Board for a term of three years each beginning July 1, 1964, by the following vote: FOR MESSRS. THORASo COULTER AND EENNEDY: Messrs. Rowles. Garland, Jones. Pollard. Mheeler. Young and Mayor. Stoller ........................ T. Mr. Jones then moved that the City Attorney he directed to prepare the proper measure expressing the appreciation of Council for the services rendered by Mr. Watkin~ as a member of the School Board. The motion was seconded by Mr. Young and unanimously adopted. On motion of Mr. J~nes, seconded by Mr. ~heeler and unanimously adnpted, the meeting was adjourned. APPROVED ATTEST: City Clerk Mayor 249 25O .COUNCIL~ BEGULAR MEETING, #ondny, Jane 29, 1964. The Council of the City of Roanohe met in regular meeting in the Council Chswber in the Municlpsl Building, Monday, June 29, 1964, at 2 p.m., the regular meeting hour, uith Mayor Stoller presiding. PRESEh~: ~Councllmen Ralph N. Bowles, Robert A, Garland, James E. Jones, Roy R. Pollard, Sr.. Vincent S. Wheeler, Malter L. Young and RayorMurray A. Stoller .................................. 7. ABSENT: None ..................O. OFFICERS PRESENT: Mr. Arthur S. Ouens, City Manager, Mr. Randolph G. Mhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting uus opened with a prayer by the Reverend J. E. Pringle. Pastor, Westminster Presbyterian Church. MXNUTES: Copy of the minutes of the regular meetin9 held on Monday. June IS, 1964, having b~en furnished each member of Council, on motion of Mr. Jones, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed mith and the minutes approved ns recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: WATER DEPARTMENT: Pursuant to notice of advertisement for bids on Contract F for alterations to the Delray Pumping Station of the Water Department and Contract C for two pumps for the Belray Station, said proposals to be received by the City Clerk until 1:30 p.m., Monday, June 29, 1964. and to be opened at 2:00 p.m., before Council, Mayor Stoller asked if anyone had any questions about the advertisement, 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: Contrzct F J. M. Turner ~ Company, Incorporated Contract G The American Well Works Tidewater Supply Company, Incorporated De Laval Turbine. Incorporated Allis-Chalmers Manufacturing Company Morthtngton Corporation $ 41,100.00 $ 4,816.00 5,427.00 - 6,426.00 - 6,480.00 - 6,909.00 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 measures accepting the proposals Of the lowest responsible bidders. The motion ~as seconded by Mr. Jones and unanimously adopted. Mayor Stoller appointed Messrs. Walter L. Young, Chairman, Arthur S. Owens and Raymond E. Pillo~ as members of the committee. PARKS AND PLAYGROUNDS: A group of members of the Men*s Garden Club of Roanoke appeared before Council. with Mr. Frank A. Noftsinger. President, acting ,! aa spokesman, advising that they are distressed et the mutilation of trees au city=ouned property uhich continues throughout the city mhen the trees are pruned for public utilities, that they feel Section 3. Chapter 6, Title ¥III, of The Code of the City of Roanoke, 1956. establishing a fine. for any person uho shall uillfully or maliciously injure in uny say any trees, flowers or shrubbery in the public streets or in the public grounds, is Insufficient to provide the control necessary in the city, and urged that the section be amended to prohibit the cutting of any uoody plant on municipally owned land unless specifically authorized by the Director of the Department of Parks and Recreation. or such officer us Council may choose, and that any such cutting by persons other than those employed by the city for this purpose be by written permit only, it being suggested that as a step leading to the eventual elimination of the entire problem and to great iuprovement in the appearance of the city any extension of before Council. 251 252 Charter reletlng to the poeers nod duties of the School Bourd mith the intent of ushlng it more morkeble iud to conform uith Section 22-97 (13 of the ¥1rginlu School Lin), nas before the body. On motion of Hr. Jones, seconded by Hr. Wheeler and uniuimuusly udopted. the mltter mis referred to the City Attorney for un analysis of the differences mhlch eom exist and to report buo~ to Council. SCBOOLS: A communlcotion from Mr. C. M. Baubles, Chairman of the Roanoke City School Baird. requesting that Council appropriate to the School Improvement Fund all monies derived or to be derived from the sale of rights of may for Interstate Spur S91 through the Watts site, the Booker To Washington Junior High School site and the Gllmer Elementary School site, mhicW amounts are reported to be $12.568. $1.100 and $9,916. respectively, and that upon disposition of the residue Of the Watts site any funds realized from such sale be appropriated 'to the School Improvement Fund as of that tlme, was before the body. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the matter was referred to the City Auditor and the City Attorney for inues~- ation of the status of the monies involved and to report back to Council. SCHOOLS: A communication from Mr. C. M. Hawkins, Chairman of the Roanoke City School Board, requesting that since it has been reported that tax collections are 95~ or better and since more than 10~ is used for uncollectible taxes in determining the $2.74 levy for schools Council examine its method Of determining its $2.74 levy and inform the School Board Of the method and calculations used in making the levy, was before the body, Mr. Hawkins pointing out that if more than 10~ uere not reserved for uncollectlbles and credit were given for unexpended funds at the close of the fiscal year the $2.74 tax rate for school purposes would be reduced. On motion of Mr. Young. seconded by Mr. Wheeler and unanimously adopted, BUDGET: A communication from Mayor Murray A. Stoller. appointing Messrs. Jonas G. Eller, Byron A. Hicks, BsBilton M. Redman and Julian B. Rutherfonrdo Jr** as members of the Budget Commission, subject to the concurrence of Council. uss before the body, Mr. Jones moved that Council concur in the appointments made by the Mayor and that the matter be referred to the City Attorney for preparation of the proper measure. The notion uss seconded by Hr. Garland and unaniaously adopted. RRPORTS OF OFFICERS: BUDGET-SEWERS AND STORM DRAINS: The City Ranager submitted a uritten report, recommending that Replacements under 'Sewage Treatment Replacement Reserve,' of the 1964 Seuage Treatment budget be amended to provide for the purchase of a larger windou air conditioner for the office at the Sewage Treatment Plant at a cost of $245 to replace the present unit which is inadequate. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15974) AN ORDINANCE to amend and reordain 'Sewage Treatment Replacement Reserve.' of the 1964 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 225.) dr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by t~e following vote: AYES:Messrs. Bowles, Garland, Jones, Pollard, Wheeler° Young and Mayor Stoller ............................ NAYS: None ....................O. BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Mannger submitted a written report, recommending that $850 be appropriated to Other Equipment - Replacement under Section 354. 'City Home," of the 1964 budget, to provide for the purchase of one new stove to replace two morn out stoves. Mr. Garland moved that Council concur in the recommendation of the City ManaDer and offered the following emergency Ordinance: (515975) AN ORDINANCE to amend and reordain Section 354. "City Home," of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 225.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the followin9 vote: AYES: Messrs. Bowles, Garland, Jones. Pollard. Wheeler. Yuan9 and Mayor Stoller ............................ 7. NAYS: None ....................O. PARKS AND PLAYGROUNDS-STATE HIGHWAYS: The City Manager submitted written report, advising that the commissioners in condemnation have set the amounts of condemnation to be paid the owners of three tracts of land needed for the Mill 253 .254 Mountain-Blue Ridge Spur and Recreational Area ProJect uhich aaountn exceed the sums heretofore approved by $56.349,$0, nnd recommended that Council authorize the acceptance of the uunrds made by the comuissJoners~ also, that it appropriate the additional $56,349.$0, plus $4.000.00 for the services of the commissioners and ns part of the coats of suit and $2,272.90 for legal fees nnd expenses of the lam firm of Kine and Jolly. Mr. ~heeler moved that Council concur in the recommendations of the City Manager and offered the folloning Resolution authorizing the acceptance Of the auurds made by the commissioners: (315876) A RESOLUTION authorizing the acceptance Of certain shards made b? commissioners in condensation in proceedings brought for the acquisition of certain lands for the Mill Mountain-Hlue Ridge Spur and Recreational Area Project. (For full text of Resolution, see Resolution Hook No. 27. page 226.) by Mr. Pollard and adopted by the follo~ing vote: A¥£$: Messrs. Bo~les, Garland. Pollard, Wheeler, Young and Mayor Stoller .................................... 6. NAYS: None ......................O. (Mr. Jones not voting) Mr. Wheeler then offered the following emergency Ordinance appropriating the additional sum of ~62,622.40: (~15877) AN ORDINANCE to amend and reordain Section ~170, "Capital," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27. page 226.) by Mr. Pollard and adopted by the follo~ing vote: NAYS: None ......................O. (Mr. Jones not voting) FlEE DEPARTMENT-STREETS AND ALLEYS: Yhe City Manager submitted a written addition to its present building at the northeast corner of Frank]in Rood and Highland Avenue, S. W., and has offered to exchange a strip of land containing 578 square feet and appraised at $3,973.63 from the froot of its property for appraised at $1.110.04 from the No. 4 Fire Station site at the rear of its property, the City Manager recommending that Council do everything possible to land. Israel Synagogue, appeared before Council and stated that Beth Israel would land, but if'it is the mill of Council that it be an even exchange the Synagogue mill uccept the decision since it is imperative that the building program be' started immediately. Afte~ u discuusio~ of the question, Hr. Pollard moved that Council "~ approve an even exchange of the tuo strips of land and that the matter be referred to the City Attorney for preparation of the proper ueasure. The motion was seconded by Mr. Boules. Mr. Garland movedthat the motion be amended to provide that the City of Roanoke will pay the Beth Israel Syna0ogue the sum of $1,O00 in addition to the exchange of land. The motion was seconded by Mr. Mheeler and unanimously adopted. The original motion, as amended, was then unanimously adopted. HEALTH DEPARTMENT: The City Manager submitted a mritten report, advising that Hr. Clark H. Hsgenbuch has requested that he not be reappointed to the Board of Health. consequently, he bas appointed Mr. Richard F. Dunlap to succeed Dr. Hagenbucb for a term of tuo years beginning July 1, 1964. the City Manager reporting that he has also reappointed Mr. Arthur T. Ellett as a member of the Board of Health for a tern of two years beginning July 1, 1964. On motion of Mr. Nheeler, seconded by Mr, Pollard and unanimously adopted, the report was filed. Mr. Young then moved that the City Attorney be directed to prepare the proper measure expressing the appreciation of Council for the service rendered by Dr. Hagenbuch as a member of the Hoard of Health. The motion was seconded by Mr. Garland and unanimously adopted. AIRPORT: The City Manager submitted a ~ritten report.' recommending that he be authorized to execute the Grant Agreement for Project No. 9-44-012-6414 at Roanoke Municipal (Woodrum) Airport. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the follo~ing Resolution: (=15878) A RESOLUTION ratifying and adopting the City's Project Application of December 17, 1963; accepting the Grant Offer issued thereon: authorizing the City Manager to execute said Grant Agreement as evidence of the City's acceptance thereof: authorizing the City Clerk to attest such execution and to affix the City's seal thereto; and authorizing the City Attorney to execute the requisite certificates. (For full text of Resolution, see Hesolution Hook No. 27, page 227.) Mr. Pollard moved the adoption of the Resolution. The motion sas seconded by Mr. Nheeler and adopted by the folloming vote: AYES: Messrs. Bo~les. Garland, Jones. Pollard. Mheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O. 255 .256 HEALT~ DEPAg?MEI~f: The City Wnnager submitted n nrittee report, poietln9 out that the lease dated June 20. 1958, betneen Wessrn. Joseph Brnnberg end Jacob Ornnberg and the CJt~ of Roanoke for rental of space at 1027 Campbell Avenue. S. E** at n fee or $175 per aoeth, expired on June 30, 1963, nnd recommended that the lease be extended from June 30, 1963, to June 30. In this connection, the City Manager submitted · Ferbe! report tho! since the Department of Public Welfare is using on additional cooler on the premises for storage of perishable items it is bis recommendation the rental fee be increased from $175 per month to $190 per month beginning July I. 1964. Mt.Wheeler moved that Council concur in the recommendations of the City Yanager and that the matter be referred to the City Attorney fac preparation of the proper measure. The motion sas seconded by Mr. Young and unanimously adopted. MF. Wheeler then offered the follouin9 emergency Ordinnnce appropriating $90 to cover the tncrense tn rent for the balance of the year: (515979) AN ORDINANCE to amend and reordain Section ~40. "Health DepaFtment." of the 1964 Appropriation Ordinance, and providin9 faf an emergency. (FaF full text of Ordinance, see Ordinance Book No. 27. page Mr.~heeler moved the adoption of the Ordinance. The notion was seconded by MF. Youn9 and adopted by the folio~iflg vote: AYES: Messrs. Bowles, GaFland, Jones, Pollard, Nheeler. Young and Mayor StolleF ............................. N~¥S: None .....................O. BUDUE~-PAY PLAN: ~he City Mannger submitted the following report, recommending that certain vacancies in various municipal departments be filled since they are of an emergency nature: "Roanoke, ¥irgini~ June 29, 1964 To the City Council Roanoke. Virginia Gentlemen: The following employees are needed for the efficient operation of the City: HEALTH DEPARTMENT - Public Health Nurse. Group 12 PUBLIC ~ORKS - Sanitntiofl Department Refuse Disposal: ] - Disposal Laborer - Group 10 Street Cleaning: I - Disposal Laborer - Group 10 Respectfully submitted, S/ Arthur S. Owens City Manager' Mr. Garland moved that Coancil concur in the recommendations 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 Mr. Wheeler and unanimously adopted. STATE HIGHWAYS: The City Manager submitted the follouln9 report uith reference to the Franklin Road project: 'Roanoke, Virginia June 29, 1964 To the City Council Roanoke. Virginia Gentlemen: I am attaching a copy of a letter received from the Virginia Department of Highways. State Urban Engineer. Mr. J. E. Johnson. advising me that the Franklin Road Project from the southern limits to the Underpass will be financed on a different basis than what we anticipated. If you recall, the property owners in the area initiated the project. Some have given land, others gave options, which have expired but may be renewed, and the remaining owners we were negotiating with for their property. Due to limited funds in 1963, the project was postponed. X have been advised by the State Department of Highways that the City is to furnish all the necessary right of way and the rest of the project will be aa a F.A.U. basis (fl5-1S). which is car= tainly inconsistent with how I believed the project was to be financed. reconsidered as a project with the usual O§-15 right of way and construction costs as a basis for financing. Respectfully submitted. S/ Arthur S. Owens City Manager" 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; also, that a committee composed of Mayor Murray A. Stoller. Councilman Vincent S. Wheeler, Councilman Nalter L. Young. Mr. Arthur 5. Owens, City Manager, and Mr. H. Cletus Broyles. Director of Public Norks, be appointed to discuss the matter with representatives of the Virginia Department of Highways in Richmond. The motion Has seconded by Mr. Un,les and unanimously adopted. STATE HIGHWAYS: The City Manager submitted the follouing report with reference to the proposed Franklin Road - Rrandon Avenue Underpass project: "Roanoke, Virginia June 29, 1964. TO the City Council Roanoke, Virginia Gentlemen: I have been advised by the State Urban Engineer, Mr. J. E. Johnson, that the Franklin Road and Brandon Road Underpass mill not be eligible for F.A.U. funds due to the Master Plan that has been presented to the City of Roanoke. which removes Franklin Road as a main thoroughfare for 220 South. The City Council had by appropriate resolution requested this to be accomplished. 257 258 You,hire lOt. adopted the,Noster Plan la yet, and l:thinh 'the decision is erroneous: therefore, ! respectfully request thlt 7au Idopt a resolution liking that the State Depirtuent of flfghusys reconsider this decision la the light of the foregoing flcts, ind urge that It be considered ss n F.A.U. Project. The uidenJng of Franklin Road from the City Limits North to the Underpsss leaves an lncoepleted high,ay, unless the · Underpass is uidened and the traffic problem at this inter- section solved. I am attaching n copy of Mr. Johnson*s letter for your perusal. Respectfully submitted. S/ Arthur S, Oueni City Manager" 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: also. that a ~ommittee composed of Mayor Murray A. St,liar. Councilman Vincent S. Wheeler. Councilman Walter L. Young. Mr. Arthur S. Omens. City Manager. find Mr. H. Cletua Hroyles. Director of Pnblic Works. be appointed to discuss the matter ~ith representa[ives of the Virginia Department of Highways in Richmond. The motion ~as seconded by Mr. Bowles and unanimously adopted. STATE HIGHWAYS-AUDITORIUM-COLISEUM: The City Manager submitted the f.ti,wing report with reference to construction of a vehicular and pedestrian underpass in the vicinity of Walker Avenue. N. E.. prior to the completion of Inter- state Spur 581: "Roanoke. Virginia June 20, 1064 To the City Council Roanoke. Virginia Gentlemen: The Council at its regular meeting of June 22. 1064. signified its intent to purchase approximately 22 acres of land from the Roanoke Redevelopment and H,using Authority as an auditorium site. Hoping tbot you would want to adopt Such u resolution, l requested the City Attorney to prepare the necessary, uhich I trust it will be your pleasure to adopt. Respectfully submitted, S/ Arthur S. Owens City Manager* 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; also, that a committee composed Of Mayor Murray A. Stoller, Councilman Vincent S. Wheeler. Councilman Walter L. Young, Mr. Arthur S. Owens, City Manager. Mr. H. Cletus Hroyles. Director of Public Works. be appointed to discuss the matter with representatives of the Virginia Department of Highways in Richmond. The motion was seconded by Mr. Bowles and unanimously adopted. STATE HIGHWAYS-AUDITORIUM-COLISEUM: The City Manager submitted the following report with reference to granting the Virginia Department of Highuays an option to use dirt and material from the Commonwealth site on ~hich the City of Roanoke has an option: 'Roanoke, Virginia June 29. lgb4 To the City Council Roanoke. Virginia Gentlemen: I have been advised by the Director of the Redevelopment and Housing Authority, Mr. R. R. Henley, that the Chairman of the Authority is reluctant to permit any changes in the status of the property without Council*s knowledge and confirmation and on this basis, I am bringing to your attention a proposal which I believe that should you concur in will save the City a substantial amount of money. The contractor ~ho is successful in the construction of the extension of Route SBlfrom Orange Avenue to Wells Avenue will need additional fill and the rise in the southeast quadrant of the intersection will provide approximately 40,000 cubic yards of material needed. The Housing Authority has asked that you concur in their willingness to give an option to the State Department of High- says to use this dirt and material should it be needed for fill. I have been advised by the City Attorney that since the Authority is the legal owner of the property, the City has no interest in whether the dirt is removed or not; however, I believe it will save us the cost per cubic yeard to get it moved at a later date should the auditorium be successful; and, secondly, I think it is most commendable of the Housing Authority to unfit to continue our fine cooperation toward providing mutual benefits to our City. I ash that you concur in my proposal to agree on the option as proposed in the pro- ject. Respectfully submitted, S/ Arthur S. Omens City Manager" 259 26O Mr. Yahoo moved thai'turmoil'concur in the'recommendation aY the City Manager end that the matter be referred tO the City'Attorney for'prepnr~tioo of the proper measure. The motion uns seconded by Mr. Nheeler and unanimously adopted. CITY GOVERNMENT: The City Manager submitted the follo~lng report mith reference to providing office space for various municipal departments: "Roanoke, Virginia June 29. 1964 To the City Council Roanoke. Virginia Gentlemen: Daring our meeting Of Monday, May Ill 1964, you referred to me the recommendation of a committee that the old Terry Home in Elm. nod Park be razed rather than remodeledto provide office space for the City Planning Department and the Board of Zoning Appeals. I have not completed this assignment due to other various complications. It was in the same directive you advised me to negotiate mith the First National Exchange Bank for aA option to buy property on the west side Of Third Street between Campbell Avenue and Church Avenue. described as the old Heironimus wore- house. I have accomplished the folJowing: 1. Provided for the necessary option from the Hank for the purchase of the property for the sum of $?1.000 cash. the option terminating October 30. 1964. 2. I have caused to be provided two alternate plans to toke care of the necessary space needed'by the City. The first being the cost for the construction of a new City Hall Annex Building for the sum of $T73.470. with accompanying maps. Secondly, there is attached also a breakdown of the cost for the remodeling of the old Neironimua warehouse estimated at $137,771. The cost for remodeling the building front ~ould be approximately $2.697.90, making a total of $140.66B.90, Mlth the commitments that you have made and the bold program that you have for the next year. it would appear to me to be un- sound judgment to saddle ourselves with a commitment of this type at the present time. Delay will not be critical, as we can make out tempqrarily by renting space. I do believe we are committed to the retarded children to provide space for this Organization and ! see no drastic objection to renting for e couple of years space for the Planning Commission, thereby relieving the northwest corner of the Health Department for the retarded children's program and placing the Planning Commission at some other point. There are on perfecl situations; however, mokt problems can be solved with adequate funds, and I am of the opinion ~hat oe should proceed cautiously at this time about either the purchase of the property, costly renovation or the construction of a hem building. Respectfully submitted. S/ Arthur S. Owens City Manager" On motion of Mr. Wheeler, seconded by Mr. Jones and unanimously adopted, the report was filed. NATER DEPARTR~NT: The'City Ranuger submitted the following report uith reference to the compluint of twenty-six residents or the Rust Gate section of low water pressure and muddy mater in that ares: 'Rosnokeo Virginia June 2g, 1964 To the City Council Roanoke, Virginia Gentlemen: At oar regular meeting of Monday, J~ne 15, 1964. you delivered to me a petition signed by 26 residents of the East Cate section, comp]aiming of low water pressure and muddy mater. We hu~ made o most careful analyses of each of the complaints and are presenting to you in detail the disposition of each case and ~hat the City has accomplished in the area during the past several years. I believe Mr. Pillow's report shows that progress is being made and our ~illingness and desire to render service in each case. I would suggest that we continue the program as outlined. May I suggest that the City Clerk send each of the residents a copy of this report in order if they are dis= satisfied with the report and progress, we may pursue it further. Respectfully submitted. S/ Arthur S. ~wens 261 262 *INTERIM REPORT NO. 2 OF ROANOKE TAX STDDY COMMITTEE Submitted June 25, 1964 To the Council of the City of Roanoke= On December S, Iq&3, the Roanoke Tax Study Committee sub- mitted to the Council its interim report pertaining to the method of assessment of real estate ia the City of Roanoke. la that report the committee recommended that the current method of assessment of real estate mhereby assessment is made every four years, be replaced with a system of annual assessment, and that there be created an office of permanent assessor of real estate to be responsible for equitable assessment Of nil real properties in the City. Thereafter, on January 2, 1964, · public hearing was held by the Council to consider several matters, including the in- terim report Of December 5, 1963. Subsequently, Council expressed its approval of a bill to be introduced iff the 1964 session of the General Assembly of Virginia enabling the establishment by the City of Roanoke of an annual assessment system administered by O real estate assessor. Accordingly. House Hill No. 711. Chapter 584. sponsorod by Delegate HiilJ$ M. Anderson. was submitted to the legislature. This bill mas duly adopted into general lam as an Act of the Assembly to become effective June 26, 1964. The statute so passed enables the Council to provide by ordinance forthe annual assessment of all real estate for taxation and for the appointment of an assessor of real estate. The statute author- ized the transfer of duties of the commissioner of the revenue in respect of assessment of real estate tO the assessor. And the statute provides for the appointment annually of a hoard of equalization of real estate. In its interim report of December S. 1963, the tax study committee implemented its general proposal mith five specific recommendations. The first two recommendations concerned the enabling legislation above described. The t~ird recommendation called for adoption by Council of an ordinance detailing the particulars of the annual assessment system to be employed in Roanoke and establishing the office of assessor of real estate responsible to Council. The four~ recommendation proposed the retention of the appraisal staff of the Department of Taxation .o of the ordinance, expressly providing for hearings before the ussessor, as being particularly important. The couuittee bas been impressed .lth khe fact that uhere such bearings ore provided for in other cities employing the nnnnol assessment System, there have been rem appeals lahen to the local board of equalization. The commJtlee also notes that the assessor, in asking his assessment, is required to nppl! the same ratio of value for taxable purposes as is then in use by the State Corporntion Commission in assessing properties of public service corpor- ations situste mithin the corporate limits of the City. Under this usndnte, the ussessor having determined the 'fair market value* of n particular reul estate parcel, then sluply applies to thst vslue the assessment ratio currently in use by the State Corporstion Comuission. This provision produces two results mhich the committee considers desirable. First. it insures that the assessor Is limited In responsibility amd duty to the Jab of determining fair uarket value. His Job is to appraise propeFty, and nothing more. The task of applying the assessment ratio be ministerial only. Second, the requirement assures appli- cation to properties privately owned the same ratio applied to public service properties. The cnmmittee, after full consideration, believes the provision pertaining to assessment ratlo to be valid undeF the Virginia Constitution and general law as interpreted by the ¥1rgJnia Supreme Court of Appeals. Retention of State Appraisal Staff In its interim report of December 5, 1963, on page H, the committee commented that: *As part and parcel of the annual assessment system and of the continuing office of assessor of real estate there belongs the establishment initially of as nearly ns correct · uniform appraisement as can be had.* Under the quadrennial veassessment system presently in effect, reappraisal of all real estate parcels in the City would take place in 19bb, to be effective January 1, 1957. T~e committee proposes t~t in lien of t~at reassessment, the appraisal staff of the Department of Taxation of Virginia be retained to make s general reassessment of all parcels in the City duringn two-year period commencing January 1, 1965. and terminating December 31, 1966. The Director of the Division of Real Estate Appraisal and Mapping of the Department of Taxation has advised the committee that his staff, if requested, would undertake a thorough reassessment during the two-year period. The cost estimated for the reassessment would not exceed the cost of reassessment as presently made under the quadrennial system. The director Of the appraisal staff has advised the committee that in order that he might select appraisers from his staff to undertake the reassessment in the City, request for the services of the staff should be made by no later than July of 1964. This being the case. the committee respectfully requests early consideration by the Council of retention of the state appraisal staff. Appointment of Qualified Assessor Should it be the pleasure of the Council to adopt an ordinance detailing the establishment of the annual assess- ment system and the office of real estate assessor, it becomes particularly important that the assessor be selected with utmost care. The assessor should be promptly appointed after passage of the ordinance in order that he might work with the state appraisal staff and 9aim early knowledge of thevaluatton problems pertaining to the parcels situated within the City. The state appraisal Office has offered its assistance in the selection of a real estate appraiser, and the committee recommends that Council authorize consultation ~ith that office for this purpose. Accuracy and Uniformity of Assessment as Purpose of Annual Assessment System The herein interim report will complete the committee*s mark with regard to assessment of real properties ~ithin the 263 264 City. This being the case, the committee feels it appropriate to conclude this report sJth several consents as to the purpose of the nnnual assessment system, These conuents are necessary because of sase uisanderstsnding as to the shy and sherefore of the up-to-dele assessment method recommended by thc committee. It has been suggested that the reason underlying the reconnendatJon is to gain more revenue for the City. It should be understood, and understood clearly, that it is not the purpose nor the result of the annual ossessneut systeu to increase the property tax. The sole purpose is to establish a system providing for as close to msxiuna uniformity and eqalty of assessment ns can possibly be hud. The system mill permit a continuing revJeu of assessments uithin the City. If a particular neighborhood deteriorates in value, the assessor will be able to sake prompt reduction in tax assessments of properties comprising that neighborhood; he uill not have to wait four years, as he would under the present systeu. On the other hand. if n section of properties should increase in value, for ~hatever reason, the assessor would be in a position to make appropriate increase in assessment values, us would be just and proper to other property nnnera throughout the city. If we--every property osner in the City, including the individual members of the tax study committee--do understand the true purpose of, and need for~. the assessment revision proposed, ue will not be misled by any misstatement t~at an annual assessment and the assessor create additional tax. Those of us uho are willing to pay our fair share of taxes-- but no more--will welcome a change of assessment method Assembly enabling establishment of un annual assessment system and office or Fool estate assessor. The tax study committee earnestly, but respectfully, urges Council to complete its work toward assessment revision by adopting nn appropriate ordinance, retaining the services of the state appraisal staff and appointing an assessor of real estate responsible to Council and to the people. Respectfully submitted, S! W. Vernon Hicks W. Vernon Hicks S/ Janes E. Cart Junes E. COFF S/ J. Robert Thomas J, Robert Thomas S/ Charles R. Lescure Charles H. Lescure S/ Frank W. Rogers, Jr. Frank W. Rogers, Jr., Chairman ROANOKE TAX STUDY COMMITTEE" In a discussion of the matter, Mr. John W. Boswell questioned the ratio applied by the State Corporation Commission in assessin9 public service corporations opposed the retention of the State Department of Taxation to make the initial reassessment Of all real estate in the city and voiced the hope that every effort will be made to keep the assessment of real estate from becoming a political football. Mr. Hughes T. Angell pointed out that if the assessment of real estate were left under the Commissioner of the Revenue the state would share in the cost of the operation. Mr. Wyatt E. Metts raised the question as to the cost of operation. Mr. John L. Thompson stated he still thinks the proposed method of assessment Of real estate sill be a burden on the property owner. Answering the questions of those speaking on the subject sere Mr. Frank W. Rogers, Jr., Chairman of the Tax Study Committee, and Mr. F. C. Forberg, Director of the Division of Real Estate Appraisal and Mapping of the State Department of Taxation. The matter having been discussed at length, Mr. Jones moved that Section IS be amended to read as follo~s: Sec. IS. Riqht of entry upon real estate parcels. For purposes of making his assessment, the assessor, or uny member or members of his staff acting under his direction, shall be authorized, upon invitation of the record owner, his agent, or actual occupant, to enter upon the premises of any real estate parcel in the city at such time or times as may be reasonable and upon furnishing the record owner, his agent, or actual occupant of such parcel ~eguate advance notice of the inspection to be made. The motion was seconded by Mr. Garland and unanimously adopted. Mr. Jones then moved that the following Ordinance, as amended, be placed upon its first reading: 265 266 (x15660) AN ORDINANCE emending Title VI of the Code of the City of Roanoke, 1956, by the addition of a hem chapter, to be numbered Chepter 9, providing for the eanuol assessment of real estate in the city pursuant to'the prorisions of Chapter 564 of the 1964 Acts of Assembly of Virginia; providing for the appolotment of an assessor of such reel estate and of certain deputies, appraisers, clerks and employees; presenting the duties and posers of such essessor; transferring to such assessor certain of the duties of the Commissioner of the Revenue mith respect to the assessment of reel estate; and fixing the effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that, pursuant to the enabling provisions of Chapter S§4 of the 1964 Acts of Assembly of Virginia. Title VI of the Code of the City of Roanoke. 19S6o relating to Taxation. he and said Code and Title is hereby ~mended by the eddition of anes chapter, to be numbered Chapter 9, Annual Assessment of Real Property for Taxation, to read and provide as follous: CHAI~ER 9. Annual Assessment of Real Property for Taxation. Sec. I. Definitiofl~. The following mords when used in this chapter shall have the folloslng respective meanings unless the context clearly indicates a different meaning: Assessor. The assessor of real estate for taxation appointed to office pursuant to the provisions of sections 4 and 5 of this Chapter to assess real estate in the city for taxation. Commissioner. The commissioner of the revenue of the city. Assessment. The act of determining and fixing for tamable purposes value of real estate situate ~ithin the corporate limits of the city. Sec. ~. City tax maps. The city englneerling ~hall maintain the present tax map system showing all real estate parcels ~lthin the city, copies of said map to be kept on file in the assessor's office and also in the commissloner*s office, both copies to be maintained in curreot status by the city engineer. Sec. 3, Assessor--Position created; ~urpose. Ail real estate in the city not exempted from taxation by the Constitutio! of Virginia and general lass of Virginia and not assessable for taxation by the state corporation commission ns provided bi law, shall be assessed annually for tanation by the city, and for that purpose the office of assessor of real estate for taxation is hereby created. Sec.4. Same--Appointment; qualifications. The assessor shall be appointed by the council for an indefinite term and shall hold officeduring the pleasure of the council. He shall he chosen On the basis Of his knowledge of and experience in real estate appraisal practices and procedures and his administrative and executive ability. Sec. 5. Same--General powers; assistants. The assessor shall have the General management and control of the his duties, be ma7 appoint a deputy assessor and such appraisers, clerks and other employees os shall be authorized by the city council. The deputy assessor, appraise clerks sad other employees shall be responsible to the assessor for the efficient performance of duties assigned to them by the assessor. Sec, 6. Sane--Duties. The assessor shall assess annually for taxation oil real estate in the city not exempted from taxation by the Constitution of Virginia and not assessable for taxation b7 the state corporation commission, mhich shall include all lands, building, structures and improvements thereon and all rights thereto and interests therein, and shall have the power to do any and all things necessary to assess such property. In so assessing the assessor shall apply the same ratio of value faf taxable purposes as then used by the state corporation commission in assessing properties of public service corporations situate mithin the corporate limits of the city. Sec..?. Time of makinq and enterinfl assessment; notice of increase: hearinqs. Every assessment of real estate shall be completed annually by no later than the thirty-first day of August of each year to be effective as of the first day Of January of the year next following and every parcel of real estate shall be entered separately upon the assessment records in the name of the oMner thereof Or in the name of the owner of any interest therein, and in accordance with the provisions of general low. Whenever any snc~ assessment is c~nge~, t~e assessor s~all give written notice thereof within ten days of the making of the assessment to the owner of such real estate or the owner of any interest therein by mailing such notice to the last known post office address Of such person, but the validity of such assessment shall not be affected by any failure to give or receive such notice. Every Such notice shall contain the assessed value of such real estate immediately preceding such change. The notice of change in assessment shall state clearly thereon the right Of the owner to have a hearing before the assessor if he desires to contest the assessment made. The owner shall have ten days from the date of the mailing of the notice within which to file uith the assessor a protest and request for hearing. A form for use in filing same shall be furnished uith the notice. If protest and 267 268 records; prorJdedo howerer, that there shall be o clear presumption in favor of each ussessuent, and the burden of proof shill be upon the taxpayer to show that such assessment is in excess of the fair market value of the real estate or Is not uniform in its application. Sec~ q. Assessment of city Dro~erty,.,and all exempt property. The u;sessnr shall also assess, applying the assessment ratio referred to iR Section 6 above, Ill real estate gamed by the city and all real estate tn the city exempted from tuxatlonby the Constitution of Virginia as if such real estate were subject to taxation, Sect I0o Assessor*s,records. The assessor shall keep such records as shall be prescribed by the City Auditor. ubicb records shall properly reflect the assessment values of nil real estate parcels mithin the city. particular parcel within members of his staff acting .rider his direction, shell be authorized, upon premises of any real estate parcel in the city at such tine er times on nay he such parcel adquate advance notice of the inspection to be mode. BE IT FURTHER ORDAINED that this ordinance shall be in full force and effect off and after the first day of January. Mayer St,liar ................................ T. NAYS: None ........................ filed with Ordinance No. 15890. The motion was seconded by Mr. Wheeler and MUNICIPAL BBILOINB: The committee appointed to tabulate bids received for the installation of a new elevator in the Municipal Building submitted the following report: "June 24, l~b4 To The City Council Roanoke. Virginia 6entlemen: Bids were received before City Council on June 22. 1964. for the installation of a new elevator in the Municipal Building together mith other related mark thereto. "269 270 Tun bids mere received on this equipment aS follous: Otis Elevator Company - $24,959.00 Dominion Elevator Company. Incorporated 25,56B.00 As can be seen from the above tabulations of the bids, Otis 'Elevator Company was lom'uith the bid of $24,959.00. The advertising cost amounted to $26.00. making o total of $24.907.00. In the 1964 Budget. $22.000.00 uss upproprluted. It is recommended that the contract be unerded to Otis Elevator Company in the amount of $24,959.00. It is further recommended that the uddltJonul sum of $2o9B?,00 be appropriated to cover the Otis Elevator Company Contract and the advertising cost. Respectfully submitted. S! Mailer L. Young Melter L. Young Cholrman S/ Arthur S. Omens Arthur S. O~ens City Manager S/ B. Cletus Broyles II. Cletus Broyles Director of Public Works" Mr. Young moved that Council concur lo twa recommendations of the committee and offered the follo~ing emergency Ordinance accepting the proposal of Otis Elevator Company: (~15881) AN ORDINANCE accepting the proposal of Otis Elevator Company for the installation of ne~ elevator equipment in the Municipal Building; 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. 27. page 231.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowies, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............. NAYS: None ........................O. Mr. Young then offered the following emergency Ordinance appropriating $2.987: (:15882) AN ORDINANCE to amend and reordain Section =8T, "Municipal Building.* of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dank No. 27, page 232.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bo~les, Garland, Jones, Pollard. Wheeler, Young and Mayor Stellar ................................ ?, NAYS: None ........................O, DEPARYMENT OF PLB LIC MOR[S: The committee appointed to tabulate bids received for a street sweeper submitted the following report: 271 '"Jane 25; 1964 ' : The City Council Roanoheo Virginia Gentlemen: Three bids mere received on a hem mechanical street sueepero which bids mere opened and read before City Council on June 22, 1964. The leu bid mas submitted by The Tidy Corporation; homever, t~e bid failed to meet specifications. Therefore, the committee recommends the acceptance of the bid from Shaffer Equipment and Supply Company on a ne~ Mayne Model 2-970 Street Sueeper at $11,106.06, less 1~ for payment within ten days from date Of delivery, a net sum of $10.995.00. This price is f.o.b. Roanoke, Virginia and includes trade-in allowance on a 1951 Model Elgin 81 Mechanical Street Sweeper. Serial ~o; 1940. The sum of $11,500 mas appropriated la the 1964 budget for the purchase of a mechanical street s~eeper. Respectfully submitted. 5/ Vincent S. Mheeler Vincent S. Mheeler, Chairman S/ Roy R. Pollard, Sr. COMMITTEE: Roy R. Pollard. Sr. S/ Arthur S. Owens S/ H. Cletus Broyles H. Cletus Oroyles" In this connection, gr. ~. E. Hyland. represeoting the Elgin Leach before Council in protest against the bid of the Tidy Corporation on an Elgin Mr. Robert A. Davis. representing Shaffer Equipment ~ Supply Company. appeared before Council and voiced the opinion that the proposal of his firm should be accepted since it was the only bid meeting specifications. Resolution accepting the proposal of Shaffer Equipment and Supply Company: (315883) A RESOLUTION accepting the proposal of Shaffer Equipment ~ bids. (For full text of Resolution, see Resolution Rook No. 27. page 232.) 272 AYES: #easts. Gnrlandf Jones, Pollnrd, Nheeler and Young ..............$. NAYS: Hr. Uomles iud #nyor Stoller ....................................2. DEPARTMENT OF PUBLIC MORKSt The committee appointed to study bids received on a truck cub and chnssis mitb dempster dnmpster hoist submitted the folloming report: "June 25, 1964 The City Council Roanoke, Virginia Gentlemen: Bids mere opened and read before City Council at its meeting on June 22. 1964o for one new truck cub and chassis complete with hoist. Magic City Motor Corporation submitted a bid on the complete unit as called for in the specifications: Inter- national Harvester Company submitted · bid on the truck cab and ChaSSiS only. Since only one bid was receJYed on the complete unit, the committee recommends that the bids be rejected and that the City readvertice for non bids on truck cab and chassis complete mith hoist. Respectfully submitted, $/ Vincent $. Wheeler Vincent S. Wheeler. Chairman S/ Roy R. Pollard, Sr. COMMITTEE: Roy R. Pollard, St. S/ Arthur S. Owens Arthur S. O~ens S/ N. Cletus Broyles H. Cletus Broyles~' Mr. Wheeler moved that Council concur in the recommendation of the committee and offered the following Resolution: (m15§84) A RESOLUTION rejecting all proposals received for supplying one new truck cab and chassis complete with hoist; and directing the City Manager to readvertise for ne~ proposals on said truck cab and chassis complete with hoist. (For full text of Resolution, see Resolution Book N~. 27, page 233.) Mr. Rheeler moved the adoption of the Resolution. The motion nas seconded by Mr. Pollard and adopted by the follo~ing vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O. AIRPORT: The Airport Committee submitted a written report, recommending that Council initiate Project No. 9-44-012-6415 at Roanoke Municipal (Woodrum) Airport, On motion of Mr. Jones, Seconded by Mr. Pollard and unanimously adopted. action on the matter mas deferred until the next regular meeting of Council pending receipt of a map sholing the proposed land acquisition. 273 AIRPORT: Council having referred to n committee composed or Messrs. Roy L. Mebbero ChuJrman, gay R. Pollard, Sr., Arthur S, Owens, Robert R. Moody, J. M. aurreaa, E. R. Vought, Milliam a. Carder and T. E. Fruntz, Jr., for study, report and recommendation, a request of Airport Parking Company of America that the parking rates charged ut Roanoke Municipal (#oodrum) Airport be increased, the Airport Committee submitted a written report, recommending that the request be denied. Mr. Pollard moved that Council concur in the recommendation of the committee und offered the following Resolution: (315885) A RESOLUTION declining the request of Airport Parking Company of America to agree to a change in existing parking rates at Roanoke Municipal (Noodrum) Airport. (For full text of Resolution, see Resolution Rook No. 27, page 234.) Mr. Pollard moved the adoption of the Resolution. The motion Mas seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Bowles. Garland. Jones, Pollard. Wheeler. Young and Mayor Stoller .................................. 7. NAYS: None ..........................O. AIRPORT: The Airport Committee submitted the following report with regard to grading the industrial access road between Rershberger Road and the property of Associated Transport. Incorporated: "Roanoke. Virginia June 23, 1964 committee To Roanoke City Council Roanoke. Virginia Gentlemen: During a called meeting of CouncJl*a Airport Committee held June 22. 1964, the matter of extending quantities under the R. L. Turner grading contract In order to provide complete access of Airport property to the State approved access road. fram the Hershberger Road along Airport property to the nam Associated Transport Terminal site, mas carefully reviewed. Approximately 45.000 cubic yards of excavation at the contract rate of 24¢ will be Involved at the entire cost to the City since the Federal Aviation Agency has excluded this murk from cost par- ticipation because trey consider it a low priority item. This Committee voted unanimously to recommend to Council that this ~pplemental grading be added to the H. L. Turner contract, under Airport Project 313 for runmay extension, at the City*s expense. Respectfully Submitted, S! Roy L. Webber Roy L. ~ebber, Chairman Roanoke City Council*s Airport Committee" Mr. Pollard moved that Council concur in the recommendation of the and offered the following Resolution: 274 (315886) A RESOLUTION extending'the contract of Nnrch 30, 1964, betueen H, L. Turner Co.. Inc., and the City orRonnoke for grading nnd droinnge of the north-south (15-33) rununy and toxixay nt Roanoke Municipal (Hoodrum) Airport, Project 9-44-012-13, by providing for certain additional grading by said contrac- tor, at the City°s sole expense. (For full text of Resolution, see Resolution Root NO. 27, page 234.) Mr. Pollard moved the adoption of the Resolution. The motion vas seconded by Mr. Mheeler and adopted by the f~llouing vote: AYES: Messrs. HauleR, Garland, Jones, Pollard, Nheeler, Young and Mayor Stoller ............................. 7. NAYS: None .....................O, UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INtRODUCtION AND CONSIDERATION OF O~DINANCES AND RESOLUTIONS: STATE HIGHWAYS: Council having directed the City Attorney to prepare the proper measure expressing the willingness of Council to participate in the cost of the joint construction of storm drains required by the state and the city in the vicinity of the southern terminus of Interstate Spur 581 at Elm Avenue, S. he presented same. Mr. Young moved that the word "surface' De omitted from the term #surface drain" in the Resolution. The motion was seconded by Mr. Wheeler and unanimously adopted. Mr. Young then offered the following Resolution. as amended: (~15887) A RESOLUTION directing the City Manager to request the State Department of Highways to determine the size of the drain required to properly drain not only the Elm Avenue Bridge Project (U.S. Route 24) and the south end of Interstate 581 but, also, the natural drainage area of the City in that vicinity and to advertise for bids for the construction (1) of a drain of ample size to serve the two highway projects and (2) of a drain of ample size to properly drain the t~o highway projects and, also, the natural drainage area of the City in that vicinity; the purpose being that if the cost of the combined project is not prohibitive, such project will he accepted and the City will pay the amount of the entire project less the amount of the best bid for the single project: and assuring the Department of Highways that if the City is unable to participate in the best bid for the combined project, it will pay the State the cost of preparing the plans and specifications for such combined project. (For full text of Resolution, see Resolution Book No. 2?,page 235.) Mr. Youn9 moved the adoption of the Resolution. The motion was seconded by Mr. Rheeler and adopted by the follouing vote: AYES: Messrs. Boules, Garland, Jones, Pollard, Wheeler. Young and May~ Stoller .............................. 7. ' NAYS: None .....................O. STREET NAMES-ZONING-PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper meuauve naming that entire portion of Round Bill Avenue und'Neadoms Street, N. W., hetueen Lyndhurst Street end Liberty Road. "Meadous Street,w he presented same; mhereupon, Mr. Boules offered the folloming Resolution: (=15888) A RESOLUTION changing the name of Round Bill Avenue, N. to Meudoms Street, N. M. (For full text of Resolution, see Resolution Book No. 27. page 237.) Mr. Bowles moved the adoption Of the Resolution. The motion was seconded by Mr. Young and adopted by the rationing vote: AYES: Messrs. Boules. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .............................. T. NAYS: None ...................... O. AUDITORIUM-COLISEUM: Council having directed the City Attorney to prepare the proper measure reJecting the recommendations of the Roanoke Valley Civic Center Committee and expressing the appreciation of Council for the time and effort spent by the committee, he presented same; uhereupon, Mr. Garland offered the f,Il,wing Resolution: (mlSOOg) A RESOLUTION rejecting the recommendations of the report of the Roanoke Valley Civic Center Committee; and thanking such committee for the considerable time and competent effort it spent in studying the problem and in rendering its report. (For full text of Resolution, see Resolution U,ok No. 27. page 237.) Mr. Garland moved the adoption of thy Resolution. The motion nas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Boules, Garland, Jones. Pollard, Wheeler. Young and Mayor Stoller .................................. 7. NAYS: None ..........................O. SIGNS: Council having directed the City Attorney to prepare the proper measure ratifyin9 its action in informally authorizin9 the Roanoke Bridle Club to install a banner across Jefferson Street. he presented same; u~ereupon. Mr. Young offered the following Resolution: (m15890) A RESOLUTION ratifying the action of Council in informally authorizing the Roanoke Bridle Club to install a banner across Jefferson Street. (For foil text of Resolution, see Resolution Cook No. 27, page 230.) Mr. Young moved the adoption of the Resolution. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Boules, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .................................. 7. NAYS: None ..........................O. 275 276 MOTIONS AND MISCELLANEOUS ~USINESS: PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council having referred to s committee composed of Messrs. Benton O. Oillnr~, Chairman, gobert A. Gurlned nad Murray A..Stoller, for study~ report and recommendation, an offer of ,Mr. C. L. Mertz to fell to the City of Eoseohe for a net price of $9,500 a I.?O?-scre tract of land located on the southeast corner of Saleu Turnpike and Thirty-sixth Street. N. N.. adjacent to the Foirvieu Elementary School. Mr. Mertz appeared before the body and urged that action be taken on his offer. On motion of Mr. Young. seconded by Mr. Jones and unanimously.adopted* the City Clerk nos directed to request Mr. Dillard to coil a meeting of his committee in the near future. FIRE PSEYENTION: Council et its meeting on .June 8. 1964. having adopted an Ordinance amending the. Fire Prevention Code. and said Ordinance Ravin9 created a Board of Fire Appeals, Royor Stoller called for nominations for.members of the board, Mr. Garland placed in nomination the name of Robert E. Mullah. Jr. Mr. Young placed in nomination the name of Walter D. Taylor. Mr. Jones placed in nomination the pome of William S. Kitchen. Mr. Pollard placed in nomination the name of Nilliam A. Gibbons. Jr. Mr. Wheeler placed in nomination the na~e of David E. Crowder. Mr. Garland moved that the nominations be closed. The motion was seconded by Wr. Jones and unanimously adopted. Wessrs,.Robert E. Mullah, Jr., Walter D. Taylor and MilIiam S. Kitchen were elected as members of the Board of Fire Appeals for terms of four yeaFs each beginning July I, 1964. and Messrs. William A, Gibbons, Jr., and David E. Crowder were elected as members of the Board of Fire Appeals for terms of two years each beginning July 1. 1964. by the following vote: .. FOR MESSRS. WULLEN. TAYLOR. KITCHEN, GIBBONS AND CROWDER: Messrs. Bowles, Garland. Jones. Pollard. Wheeler, Young and Mayor Stoller ......................... 7. APPROVED ATTEST: //City Clerk Mayor COUNCIL. REGULAR REETINU. Monday. July 6. 1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber la the Municipal Building. Monday. July 6, 1964. st 7:30 p.m., ~ith Mayor Stoller presiding. PRESENT: Councilmen Ralph K. Boules. Robert A. Borland, James E. Jones, Roy R. Pollard, Sr., Vincent S. Mheeler, Walter L. Young and Mayor Murray A. Stoller ...................................... 7. ABSENT: None ...................... O. OFFICERS PRESENT: Mr. Arthur S. Omens. City Manager, Rt. Randolph C. Mhittle. City Attorney. nnd Mr. J. Robert Thomas. City Auditor. IN¥OCATION: The meeting ~as opened ~ith a prayer by the Reverend J. Clln~ Noble. Pastor, Preston Oeks Baptist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: Council having previously set a public hearing for 7:30 p.m., July 6, 1964. on the request of Miss Mary R. Wilt that a IS-foot alley running parallel to Jefferson Street and First Street. S. E.. extending from Albemarle Avenue in n northerly direction approximately 157.5 feet to another alley, and lying betueen Lots 5 and 6 and Lot 10. Block !0, Official Survey S. E. 3. he vacated, discontinued and closed, the matter ~as before the body. In this connection, the follouing communication from the City Planning Commission. recommending that the request he granted, was before Coancil: "May 21, 1964 The Honorable Murray A. Stoller. Mayor, and Members of City Council Roanoke. Virginia Gentlemen: In its regular meeting of May 20, 1964 the City Plannin9 Commission considered the above alley closing request. Mr. English Shosalter. attorney for the applicants, stated that it was proposed to close the alley and combine the tuo separated properties so that a better opportunity for large-scale development can be obtained. In studying this request, the Planning Commission noted that the closing of the alley sould not result in any inconvenience ~ other 277 .278 A previous report of vieuers, advising that they ha ve vieued the alley end adJacent neighborhood end are unanimously of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing same, UBS brought to the attention or Council. Mr. English Shomalter, Attorney, representing the petitioner, appeared before Council in support ut the request of his client. NO one appearing in opposition to the request, Mr. Mheeler moved that Council COncur Jn the recommendation of the City Planning Commission and that the follouing Ordinance he placed upon its first reading: (~15891) AN ORDINANCE permanently vacating, discontinuing and closing that certain undeveloped and unimproved alley, 15 feet in width, situate in the City of Roanohe, Virginia. lying betmeen Jefferson Street and First Street (Orchard S. E.. and extending approximately 157.5 feet in a northerly direction from Albeuarl~ Avenue, S. E., between Lot 10 and Lots S and 6. Block 10, to another alley, as the same is shown on Sheet 3, S. E.. of the Rap of the Official Survey of the City of MHEREAS, Me~ R. Mitt has heretofore filed a petition before the Council of the City of Roanoke, Virginia. in accordance with law, requesting said Council to permanently vacate, discontinue and close that certain alley above described, of the filing of which petition due notice was given to the public as required by law; and MREREAS, in accordance with the prayer of said petJtion,'viewers were appointed by the Council on the llth day of May. If&4. to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said alley; and WHEREAS. it appears from the written report of said viewers filed with the City Clerk off May 15, 1964. that fie inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing said alley; and WHEREAS. Council at its meeting on Way 11. 1964. referred the petition to the City Planning Commission, which Commission by its report dated. Hay 21, 1964, and filed with Council, recommended that the petition to vacate, discontinue and close the above described alley be approved: and WHEREAS, a public hearing was held on the question before the Council at its regular meeting on July 6, 1964, after due and timely notice thereof published in The Roanoke World-News, at which hearing all parties in interest and citizens here afforded an opportunity to be heard on the question; and MHEREAS. from all of the foregoing, the Council considers that no incon- venience will result to any individual or to the public from permanently vacating. discontinuing and closing the alley, as applied for by the petitioner, and that. accordingly, said alley should be permanently closed. 279 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ail of that certain undeveloped and unimproved alley, 15 feet in midth, situate In the City of Roanoke, Virginia, lying between Jefferson Street and First Street (Orchard Hill). S. E., and extending approximately 157.$ feet in a northerly direction from Albemarle Avenue, S. E., between Lot 10 and Lots 5 and 6, Hlock 10, to another alley, as the same is shown on Sheet 3, S. E., of the gap of the Official Survey of the City of Roanoke, be. and it hereby is, permanently vacated, discontinued and closed; and thai lull right, title and interest of the City of Roanoke and of the public in and to the same be, and they hereby are. released insofar as the Council of the City of Roanoke Is empowered so to do. except that a permanent easement is hereby reserved by the City of Roanoke for the maintenance, repair and replacement of any storm drain, semert or water line, or any other municipal installation, If any,* now located in said alley~~ BE IT FURTHER ORDAINED that the City Engineer be, and be hereby is, directed~ to mark *permanently vacated" on said alley on all maps and plats on ffle Iff his t Office on which said alley is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke ~herein this Ordinance shall be spread. UE 1T FURYHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court of the City of Roanoke. Virginia. a certified copy of thl~ Ordinance in ardor that the Clerk of said Court may make proper notation on all maps or plats recorded in his office upon which are shown said alley, as provided by law. and that. if so requested by any party in interest, he may record the same in the deed book in his office indexing the same in the name of the City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. The motion was seconded by Rr. Garland and adopted by the follo~ing vote: AYES: Messrs. Bowles, Garland. Jones, Pollard. Wheeler, Young and Mayor Stoller .......................... ?. NAYS: None ..................O. ZONING: Council baring previously set a public hearing for 7:30 p.m., July 6, 1964. on the request of Mr. H. Webb Maddox that property located on the "May 21, 1964 Roanoke, Virginia 28O Having made field inspection and after studying pertinent naps on land use, the Planning Connissiou concluded that the proposed extension of existing business mould permit Improvements planned by n local business concern nod would not be detrimental to the general character of the neighborhood. The Planning Commission therefore recommends to City Council that the above rezoning request be granted. Respectfully submitted, S/ ~erner K. Sensbacb for Henry H. Hoynton Chairman' Mr. Charles D. Fox, Jr., Attorney, representing the petitioner, appeared ,.fore Council in support nY the request of bis client. Hr. S. P. Nackley appeared before Council in opposition to the request for rezoning, pointing out that he recently withdrew his request that his property located nn the south side of Thurston Avenue, N. E.. between [ilhins Street and Williamson Road. described as Lots 27-30. inclusive, Block fl. Wflliamson Groves, Official Tax Nos. 3070250 and 30?O251, be rezofled from General Residence District to Business District, because the City Planning Commission had recommended that the request be denied, and voicing the opinion that if any property in the block is to be rezoued from business purposes all of the properties on both sides of Thurston lAy.hue, N. £., between Wllliamson Road and Courtland Road, should be rezoned from General Residence District to Business District, Mr. Nackley stating that there is i[already a serious drainage problem in the area and that use of the two lots at the lit.ar of property fronting on Williamson Road for business purposes will make the idrainage problem uorse for the remainder of the After a discussion of the matter, It being pointed ont to Wt. ~ackley that Council has the specific request of Mr. Raddox before the body for action at the present time and that ~r. Nackley has the right to petition Council for the rezoning of his property at any time he so desires, 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: (=lSHq2) 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. WDER£AS, application has been made to the Council of the City of Roanoke to have that property located on the north side of Thurston Avenue, N.£.. between Rilliamson Road and Courtland Road. described as Lots 35 and 36, Block C, Williamson Groves. Official Tax No. 3060922, 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 Resideuce 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; WHEREAS, the hearing as provided .for In said notice was held ,on the 6th da~ of July, lqb4, at 7:30 p.m** before the Coancil or the City of Roanoke, at uhJch hearing all parties in interest and citizens uere given an opportunity tn be heard both for acd against the proposed fez*sing; and WHEREAS, this Council, after considering the ovid*sc* 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, 1955, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located On the north side of Thurston Avenue, N. E., het~een Niiliamson Road and Courtland Road, described as Lots 35 'and 36, Block C, Nllliamson Groves, designated on Sheet 30H of the Zoning Map as Official Tax No. 30§0922, be, and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Garland and adopted by the following vote: , AYES: Messrs. Bowles. Garland. Jones. Pollard. Wheeler. Young and Rsyor Stoller .......................... 7. ~ NAYS: None ..................O. Mr. Mheeler then moved that the question of adequate drainage on Thurston City Manager for study.'report and recommendation to Council. The motion was second~ by Mr. Pollard and unanimously adopted. ZONING: Council having previously set a public hearing for 7:30 p.m.. July 6, 1964, on the request Of Mr. Reid Jones. Jr.. et ax., that property located on the northeast corner of Church Avenue and Eleventh Street, S. E., described as Lots I and 2, Block 6, East Side Land Company. Official Tax Nos. 4111409 and 4111410 be fez*ned from General Residence District to Light Industrial District, the matter "May ~1. 1964 The Don,table Murray A. St,lieF, Mayor. and Members of City Council Roanoke. Virginia Gentlemen: In its ~ay20, 1964 meeting the Planning Commission considered the above rgzoning request. Mr. J. Albert Ell*it. attorney for the applicants, stated that Jones Melding Supplies, Inc., is intending to use this property for an extension of their facilities. After having made field inspection and due consideration of all factors involved, the Planning Commission concluded that the proposed light industrial use would be contiguous with light industrial zone existing in the area and would not be detrimental to the general character of the neighborhood. The Planning Commission recommends to City Council that the above request be granted. Respectfully submitted, S/ Werner K. Sensbach for Henry B, Boynton Chairman" 28i '282 Mr. J. Albert. Ellett, Attorney, representing the petitioners, appeared before Council in support of the request of his clients.· No one appearing in opposition to the request for rezoning. Hr. Mheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon Its first reading: (#15B93) AN ORDINANCE to ~mend and reenact Title XV, Chapter 4. Section of The Code of the City of Roanoke, In relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that property located on the northeast corner of Church Arenue and Elerenth Street, S. E.. described as Lots I and 2, Block 6, East Side Land Company. Official Tau Nos. 4111409 and 4111410. rezoned from General Residence District to Light Xndustrial District; and BHEREASo the City Planning Commission bas recommended that the hereinafter described land be rezoned from General Residence District to Light Industrial Distric ; and MIIEREAS,. notice required by Titln XV. Chapter 4. Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in "The Roanoke iMorld-Ne~s,' 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 6th day of July, 1964. at 7:30 p.m., before the Council of the City of Roanoke. at which bearing all parties in interest and citizens were 91rea an opportunity to be beard both for and against the proposed rezonJng; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described lan~ should be rezoned, THEREFORE.DE IT ORDAINED by the Council of the City of Roanoke that Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, relating to tZoning, be amended and reenacted in the following particular and no other, Property located on the northeast corner Of Church Avenue and Eleventh Street, 5. E., described as Lots land 2, Block 6, East Side Land Company, designated on Sheet 411 of the Zoning Map as Official Tax Nos. 4U1409 and 4111410, be, and is hereby, changed from General Residence District to Light Industrial District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Garland and adopted by the following rote: AYES: Messrs. Bo~les, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7. NAYS: None ..................O. . TRAFFIC: A delegation of approximat'ely twenty residents of Roanoke Countl appeared before Council, with Mr. Glen C. Winstead acting as spokesman, and premarital a petition signed by twenty-eight residents of Harris Street, Davis Avenue, Red Reck Road and the 3100 block of Fleetwood Avenue, S. W., in Roanoke County, and a petition signed by twenty-six residents of the 2900 and 3000 blocks of Fleetwood Avenue, S. W.~ in'Roanoke Ci~l, Voicing the opi~ion'thal'a great iaJ~stl~e mas done them when Council directed the City #anager to erect a vebicuiar barricade across Corbiesham Road. $. N., at the mest corporate'limits'of the'city, thereb$ turning all city traffic going to and from the Ollhpic Smim Club in Roanoke County to their streets, and requesting that the barricade be removed. A delegation of approximately thirtl residents of Corbiesham Road, S. ~** appeared before Council, with Hessrs, L. S. Leedy aid R. C. Atkinsoa acting as spokesmen, and urged that the barricade be retained. After a discussion of the matter, Mr. Garland moved that the petitions be filed, The motion nas seconded b'y #F. Howles and unanimously adopted. pETITIOnS AND COMMUNICATIONS: ZONING: A communication from Mr. A. ?. Loyd. Attorney. representing ~rs. Gladys Hackney McMullen. requestin9 that property located on the sooth side of 283 284 AYES:. #estrs. Bowles, Garland, Jones, ~oilerd. Wheeler, Young and #eyor Stoller ....... ~ .... ~ ...... T ........ 7, NAYS: None ...........~ ....... O. , , BUDGET-HEALTH DEPARTMENT: The City Manager submitted a urltten report, recommending that $400 be appropriated to Personal Serrices under Section ~4~, "Health Department," of the 1964 budget, for.extra help. Mr. Garland moved that Council concur lo the recommendation of the City Manager and offered the following emergency Ordinance: (n15895) AN ORDINANCE to amend and reordain Section ~40, "Health Department," of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 27, page 242.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: il*he Department of Public Works is also vacant, and recommended that these vacancies libe filled since they are of an nature. Mr. Pollard moved that Council concur in the recommendation of the City ~lthe proper measure. The motion was seconded by Mr. Wheeler and unanimously adopted. "Roanoke, Virginia July 6, i964 To the City Council Roanoke, Virginia Gentlemen: The following is a report of the activities of the police and fire departments for the month of June, 1964: pOLICE Donald W. Hale employed as patrolman. Desk Sergeant William D. Jones retired. FlEE Jerry W. Hogan Kermtt L. Weeks - employed Gordon L. Bent Woodrow W, Kopcial (Disability) - retired Gordon L. Bent - resigned Respectfully submitted, S/ Arthur S. Owens City Maoager" On motion of Mr. Rheeler, seconded by Mr. Young and ununimouuly udopted, the report nas filed. INTEGRATION-CITY EMPLOYEES: Council buying referred to ~ke City Manager for study and report a request of the Roanoke Branch of the National Aosociation fo~ the Advancement of Colored People for cooperation in enforcing the non=discrimin= atory policy of the city mlth regard to hiring and promotion of city employees. particularly in the Sanitation Department. the City Manager submitted a written report, advising that he has agreed to do the following ,ith regard to the Sanitation Department: 1. Establish a record of part time ,urn in the department. 2. Advise our employees in this department how they may be upgraded. This {ill be explained ut a meeting ~ith employee representatives on Friday. July lO. 3. An agreement that future complaints of this type ,ill be brought to the City Manager*s attention for discussion. 4. The training of two negroes In this department for p~o- motion if and ~hen positions are available. Mr. Mheeler moved that Council concur in the report of the City Manager. The motion was seconded by Mr. Young and unanimously odopted. SEWERS AND S~ORM DRAINS: Council having referred to the City Manager for study and report a complaint of Mr. G. W. Coleman. 2304 Kermit Avenue, N. E.. of odors emanating from a pumping station in the vicinity of his home. the City Manager submitted a written report, advising that the amount of deodorant nas been doubled to combat any odors from the Idle,ild Pumping Station. After a discussion of the matter. Mr. Jones suggesting that the City Manager ascertain mhether or not there is any bay the city can work out an agreement .lth the To.n of ¥inton to transmit the se, age from tqm area in its lines, thereby eliminating the need for uphill pumping of the sewage to the Sewage Treatment Plant. Mr. Pollard moved that Council concur in the report of the City Manager. The motion .as seconded by Mr. Nheeler and unanimously adopted. REPORTS OF COMMITTEES: BUDGET-LIBRARIES: The committee appointed to study the request of the Roanoke Public Library Board that $17.500 be appropriated for furniture and equipment for the new Williamson Road Brunch Library submitted the following report: *To the Mayor and Members of City Council At the meeting of Council of the City of Roanoke held Monday. June 22. you referred to tb~ undersigned committee a request from the Roanoke PubLic Library Board for the appropriation of $17.500 for furniture and equipment for the new Rllliamson Road Branch Library. Your committee met on Wednesday. July 1. with all members in attendance. Re visited the existing Rilliamson Road Branch Library and inspected the equipment available 285 '286 shelving out in the room. None of this shelving is suitable for re-use, We found tun csrd index files, tun chsJrs, and one metsl desh thst sre suitable rot re-use uhen the neu branch librsry Is completed. It is the opinion of your committee %hst the equipment covered by the Llbrsry'Boord~s request to Council of June 16, is si1 needed and should be authorized zud se recommend the neccsssry approprfntio, be mode, S/ Walser L. Young Chairman S/ Benton O. Olllard S/ Vincent S. Wheeler S/ Hubert S. Leonard S/ Elizabeth T. Basics by RKB S/ Evans B. Jessee' Mr. Young moved that Council concur in the recommendation of the committe, and offered the follo~Jng emergency Ordinance appropriating $89.65 to Housekeeping Supplies, $344.20 to Operatin9 Supplies and Materials. $1,611.50 to Office Furniture and Equipment - Neu and $15.444.00 to Other Equipment - New under Section :121. "Libraries.* of the 1964 budget: (215696) AN ORDINANCE to amend and reordain Section ~121. "Libraries,' of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27, page 243.) Mr. Young moved the udoption of the Ordinance. T~e motion was seconded by Rt. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones. Pollard, Wheeler, Young and Rayor Stoller ........................... NAYS: None ...................O. UNFINISHED BUSINESS: AIRPORT: Council at its last regular meeting having deferred action on a recommendation of the Airport Committee that Project No. 9-44-012-6415 at Roanoke Municipal (Woodrum) Airport be initiated, the following report of the committee ~as again before the body: "Roanoke, Virginia June 23, 1964 To Roanoke City Council Roanoke, Virginia Gentlemen: During a called meeting of Council*s Airport Committee on June 22, 1964, Federal aid to Airports - Project 215 (proposed) · as explained and reviewed to the Committee by the City Manager. Director of Public Rorks, and the Airport Manager. Project ~15, now in the preliminary requests for Federal funds stage, consists of the following items: Land Acquisition North Clear Zone =15 In Fee and/or Easements 35~ Acres $105,000.00 Land for Futura Expansion of Terminal ~ Hangar Area In Fee Simple 34~ Acres = 119,000,00 LJghtinq on Taxiuays 15-33 ~ 5-23 = 2S.000.00 Construction of Access Roads = 28,500.00 EnqineerJnq and Administrative = 15,000.00 Continqencies = $300,000.00 Federal Share $150,000.00 City Share $lSO,O00.O0 This Committee voted unanimously to concur in these recommenda- tions for Project =IS and hereby respectfully requests that Council consider this Airport Improvement Project at their earliest convenience. Respectfully Submitted, S/ Roy L. ~ebber Roy L..Rebber, Chairman Roanoke City Council's Airport Committee" In a discussion of the matter, it being pointed out that a strip of land to be acquired is for the future construction of a road between the present roadway to the Airport and Airport Road (%'irginia Route 118} and that the proposed project includes an access road from the proposed road extension to the immediate portion of the roadway leading to the Airport, Mr. Faun9 protested that the proposed road between the existing roadway and Airport Road would not serve the Airport, but, rather, would act as a short cut for traffic from Interstate Spur 581, Hershberger Road, Airport Road and Peters Creek Road (Virginia Route 117), Mr, Jones pointed out that the idea of a future road between the roadway leading to the Airport and Airport Road sith an access road to eliminate the curve in the present roadway is to relieve traffic conditions at Airport Road, Hershberger Road and Williamson Road. Mr. Young voiced the opinion that to throw more traffic on a road so close to the end of Runway 9-27 would create a Horse traffic hazard and moved that the draft of Resolution initiating Project No. 15 be amended by transferring from Construction of Access Roads to Contingencies. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs, Pollard, ~heeler, Young and Mayor Stoller ................4. NAYS: Messrs. Bowles, Garland and Jones ................................3. Mr. Pollard then offered the following Resolution, as amended: (~15897) A RESOLUTION authorizing the City Manager tO make requisite requests for Federal Aid to assist the City in acquiring necessary additional land adjacent to Roanoke Municipal (Wood:am) Airport and for construction of certain needed improvements for the protection and expansion of said Airport. (For full text of Resolution, see Resolution Book No. 27. page 243.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the follo~ing vote: 287 288 AYES: Messrs. Bowles, Garland. Jones. Pollard, Mheeler, Young and Mayor Stoller ............................ T. NAYS: None ....................O. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ASSESSMENT OF PROPERTIES: Ordinance No. 15880, amending Title ¥I of The Code of the City of Roanoke, 1956, by the addition of u hem chapter, to be numbered Chapter 9, providing for the annual assessment of real estate in the City of Roanoke pursuant to the provisions of Chapter 584 of the 1964 Acts of Assembly of ¥ltginia. having previously been before Council for its first reading, read and laid over, ~as again before the body. Mr. Jone~ offering the following for its second reading and final adoption: (=15880) AN ORDINANCE amending Title VI of the Code of the City of Roanoke. 1956. by the addition of a new chapter, to be numbered Chapter 9. pro- viding for the annual assessment of real estate in the city pursuant to the provisions of Chapter 564 of the 1964 Acts of Assembly of Virginia; providing for the appointment of an assessor of such real estate and of certain deputies. appraisers, clerks and employees; presenting the duties and p,u,rs of such assessor; transferring to such assessor certain of the duties of the Commissioner of the Revenue ~ith respect to the assessment of real estate; and fixing the leffective date of this ordinance. (For full text of Ordinance, see Ordinance Cook No. 27, page 238.) Mr. Jones Moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the.follo~ing vote: AYES: Messrs. Boules. Garland, Jones. Pollard, Wheeler, Young and Mayor St,liar NAYS: None ....................O, In this connection, Council having directed the City Attorney to prepare theproper measure requestin9 the State Department of Taxation to appraise real estate in the City of Roanoke for purposes of taxation beginning January 1, 1965, for the taxable year beginning January 1. 1967, in accordance with the proposal of Mr. ¥. C. Pother§, Director of the Division of Real Estate Appraisal and Rapping of the State Department of Taxation, dated October 18, 1963, he presented ~15898) A RESOLUTION requesting the 5tut. Department of Taxation to appraise real estate in the City of Roanoke for purposes of taxation in accordance uith the proposal of F. C. Forberg. Director of the Division of Real Estate Appraisal and Mapping of the State Department of Taxation, bearing date of October 18, 1963, and on file in the office of the City Clerk; it being contem- plated that the project will require two years commencing on the 1st day of January, 1965. (For full text of Resolution, see Resolution Book No. 27, page 245.) Mr. Jones saved the adoption of the Resolution. The notion was seconded by Hr. #heeler and adopted by the folloulng vote: AYES: #essrs. Boules. Garland, Jones. Pollard. Wheeler. Young and Rayor Stoller ................................ NAYS: None ........................ O. SCHOOLS: Co~ncli hating directed ~he City Attorney to prepare the proper measure, expressing its appreciation to Hr, William T. WatkJns for services rendered us a number of the Roanohe City School Board, the City Attorney presented sane: whereupon. Hr. Pollard offered the folloning Resolution: (=lSOqg) A RESOLUTION expressing appreciation to #illiau T. Wntkins for the loyal and capable service rendered his City as e member of its School Board. (For full text of Resolution, see Resolution Book No. 27. page 245.) Mr. Pollard moved the adoption of the Resolution. 7he motion seconded by Mr. Young and adopted by the following vote: AYES: Messrs, Bowles, Garland, Jones. Pollard, W~eeler. Young and Mayor Stoller ................................ NAys: None ........................O. BCBGE?: Council having directed the City Attorney to prepare the proper measure appFo¥ing the appointment of Messrs. Jonas G. Elint. Byron A. Sicks. Hamilton M. Redman and Julian tl. Butherfoord. Jr.. as members of the Budget Commission for !g64, he presented same; whereupon, Mr. Wheeler offered the following Resolution: (=lS~O0) A RESOLUTION relatin~ to the appointment of members of the City's Budget Commission. (For full text of Resolution. see Resolution Book No. 27, page 246.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Bowles. Garland. Jones. Pollard, Wheeler. Youn9 and Mayor Stoller ................................ T. NAYS: ~one ........................O. FIRE DEPARTMENT-S?BEE~S AND ALLEYS: Council haying directed the City Attorney to prepare the proper measure conveying a strip of land o~ned by the .City of Roanoke at the rear of the Beth Israel Synagogue located at t~e northeast corner of Franklin Road and Highland Avenue, S. ~.. to the Beth Israel Synagogue for the purpose of constructing a one-story addition to its original structure, in exchange for a strip of land from the front of the Beth Israel property for the aidening of Franklin Road, the City of Roanoke to pay to the Beth Israel Synagogue Congregation the sum of $1.000 in addition to the exchange of land, he presented same; ~hereupon, Nr. ~heeler noved that the following Ordinance be placed upon its first reading: 289 290 (21SgOl) AN ORBINAMCR authorizing the exchange of real estate betueen the City of Roanoke nnd the Trustees of Beth Israel Synagogue. RE IT ORDAINED by the Council of the City of Rosooke ns I. That the Hsyer and the City Clerk ore hereby, respectively, authorized to execute and attest a deed of bargain and sale, lo be first approved by the City Attorney, pursusnt to uhich the City mill grunt nnd convey unto the Trustees of Beth Israel Synagogue, with special warranty of title, a strip of real estate 7.45 feet in uidth and 83.00 feet in length Of the uesterly portion of the No. 4 Fire Station property situate on Highland Avenue, S. N., nad ns shown on Plan No. 48~6-2, on file in the office of the City Engineer, and to deliver the sane to the City Attorney to be. by him delivered to the Trustees of the aforesaid Synagogue together with a City voucher in the sum of $1.000 payable to the aforesaid Trustees in exchange for a deed, likeuise to be first approved by the City Attorney, pursuant to which the Trustees of Beth Israel Synagogue convey unto the City Of Roanoke, with general ~arranty of title, a strip of real estate off the front of said Synagogue*s property situate on the northeast corner of Franklin Road and Highland Avenue, S. N.. approximately 83.00 feet in lenth, eight feet in width at its south end and 6.13 feet in ~idth at its north end and as sho~n on Plan No. 4B§6-1 on file Jn the office of the City Engineer. for street uidening purposes. 2. That the City Auditor be. and he is hereby, authorized and directed, upon request, to deliver unto the City Attorney the above-mentioned City voucher in the amount of $1,000 payable as directed by the City Attorney. 3. That the deed hereinabove contemplated from the City to the Trustees of the aforesaid Synagogue shall contain the following conditions and limitations: (1) the height of any addition to the Synagogue throughout the area conveyed shall not exceed eight feet measured vertically from an iron pipe marker presently located at the southwest corner of City property and southeast corner of Synagogue property; and (2) a formal easement shall be reserved in said deed for that portion of the main cornice of Fire Station No. 4 ~hich ~ill overhang the roof of the proposed addition to the 5/nagogue~ both limitations shall expire, however, when Fire Station No. 4 is abandoned, demolished or sold. And, further. that provision shall be made for Beth Israel Synagogue to bear the entire cost of removal of westernmost bays of the Fire Station No. 4 porch and of the restoration of the west facade of said station to a presentable, finished condition acceptable to the City Manager. 4. That, if and ~hen the City of Roanoke concludes to use the land hereby authorized to be obtained from the Trustees of the Beth Israel Synagogue for the ~idenin~ of and other contemplated improvements to Franklin Road. it shall bear the entire cost of side~alk, curb, gutter, paving, utility relocation and any other improvements 'incidental to such widening. And, further, the said City shall then use every reasonable effort to properly meet the grades at the Must entrance steps to the present Synagogue building. The a,tiaa was seconded by Br. Garland and ed,pied by the following vole: AYES: Messrs. Boules. Garland. Jones. Pollard. Wheeler. Young and Mayor St,liar ............................ NAYS: None ....................O. Mr. Wheeler then offered the f,Il,ming emergency Ordinance appropriating the $1,000: (~15902) AN ORDINANCE to amend sad reordain Section ~170. 'Capital.' of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 24T.) Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the follouJng vote: AYES: Messrs. Boules. Garland. Jones. Pollard, Mheeler. Young and Mayor St,lief ............................ 7. NAYS: None ....................O. HEALTB DEPARTMENT: Council having directed the City Attorney to prepare the proper measure expressing its appreciation for the services rendered by Dr. Clark H. Hagenbuch as · member of the Board of Health. the City Attorney presented same; mhereupon. Mr. Mheeler offered the f,Il,ming Resolution: (=15903) A RESOLUTION expressing appreciation to Clark H. Hagenbuch. M.O., for the loyal and capable service rendered his City as a member of its Board of Health. (For full text of Resolution. see Resolution Book No. 27. page 247.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the f,Il,ming vote: AYES: Messrs. Boules. Garlnnd. Jones. Pollard. Wheeler. Y,un9 and Mayor St,liar ............................ NAYS: None ....................O. HEALTH DEPARTMENT: Council having directed the City Attorney to prepare the proper measure refleklng the lense between the City of Roanoke and Messrs. Joseph Rrumberg and Jacob Btumberg dated June 20. 1959. for rental of the Meat Inspection Center at 1027 Campbell Avenue, S. E.. for a period from July 1. 1963. through June 30. 1967. ~ith slight modifications, the City Attorney presented same; whereupon. Mr. Wheeler offered the following Resolution: (=15904) A RESOLUTION extending the lease of Jun~ 20. 1959. between Joseph Brumberg and Jacob Brumberg and the City..throug~ June 30. 1967. with slight modifications. (For full text of Resolution, see Resolution Book No. 27, page Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. R,ales. G:rland, Jones. Pollard. Wheeler. Young and Mayor St,liar ............................ NAYS: None ....................O. 291 292 BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper meaaure~uthor~ lng the City Manager to fill certain vacancies various municipal departments since they are of un emergency nature, the City Attorney presented same; mhereupon. Mr. Jones offered the follouing Resolution: (UlSg05) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution. lee Resolution Book No. 27, page 249.) Mr. Jones moved the adoption Of the Resolution. The motion was seconded by Mr. Pollard and adopted by the follouJng vote: AYES: Messrs. Boules. Garland. Jones. Pollard. Mheeler. Young and Mayor Stoller ............................ 7. NAYS: None ....................O, STATE HIGHRAYS: Council having directed the City Attorney to prepare the proper ~easure requesting the Virginia Department of HJghmays to program the acquisition of right of uny as a Federal and/or State participating item in connection mith the widening of Franklin Road, S. W., f.~om McClanahan Street to the south corporate limits, he presented same; whereupon, Mr. Wheeler offered the following Resolution: (515905) A RESOLUTION requesting the Virginia Department of Highways to program the acquisition of right of way as a Federal and/or State participating item in connection with the widening Of Franklin Road from NcClanahan Street to the south corporate line of the City. (For full text of Resolution. see Resolution Book No. 27, page 24g.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ............................ 7. NAYS: None ....................O. STATE HIGHWAYS: Council having directed the City Attorney to prepare the proper measure requesting the Virginia Department of Highways to reconsider its decision that the proposed improvemeot project at the intersection of Brandon Avenue, Franklin Road and McClanahan Street, S. W., is not eligible for F.A.U. funds because of the completion of the Major Arterial Highway Plan. he presented same; whereupon, Mr. Wheeler offered the following Resolution: (515907) A RESOLUTION requesting the Virginia Department of Highways to reconsider its decision that the proposed Franklin Road-Brandoa Avenue Underpass is not eligible for F,A.U. funds because of the completion of the Major Arterial Highway Plan. (For full text of Resolution. see Resolution Book No. 27, page 250.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconde by Hr. Pollard and adopted by the following vote: AVES: Messrs. Bowles. Garland, Jones. Pollard, Wheeler. Yuan O and Mayor Stoller ............................ 7. NAYS: None .................... O. STATE HIGHMAYS-ADDITORIUM-EOLISEDM: Council having directed the City Attorney to prepare the proper measure requesting the Virginia Department Of Highnays to construct a vehicular and pedestrian underpass in the vicinity of Malker Avenue. N. E.. prior to the completion of Interstate Spur 581. he presented same; mhereupon, Mr, Poll~rd offered the follomin9 Resolution: (=15900) A RESOLUTION requesting the Vlrginla Deportment of Hlghnays to cause a vehicular and pedestrian underpass to be provided under Interstate Route 581 at a point near Ralker Avenue. N. E,, as a part of the aforesaid route. (For full text of Resolution, see Resolution Book No. 27, page 251.) Mr. Pollard moved the adoption of the Resolution. The motion bas seconded by Mr. Young and adopted by the folloling vote: AYES: Messrs. Bowies, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ................................. NAYS: None .........................O. STATE HIGHWAYS-AUDITORIUM-COLISEUM: Council having directed the City Attorney to prepare the proper measure concurring in the granting of an option by the City of Roanoke Redevelopment and Housing Authority to the Virginia Department of Righeays to use dirt and material from the 22~-acre tract of land in the Commoneealth Redevelopment Project area 'on ~hich the City of Roanoke has an option should it be needed for fill in the construction of Interstate Spur 581, he presented same; ~hereupon, Mr. Wheeler offered the following Resolution: (:15909) A RESOLUTION concurring in the granting of t~e right by the City of Roanoke Redevelopment and Rousing Authority to t~e Virginia Department of Highways to use dirt and material from the 22~-acre tract of land in the Common- mealth Redevelopment Project area for ~hich the City has an option to purchase. (For full text of Resolution. see Resolution Book No. 27. page 251.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the follo~ing vote: AYES: Messrs. Bowles, Garland. Jones, Pollard. Wheeler, Young and Mayor Stoller ............................. 7. NAYS: None ............~ ........ O. MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS: Mr. J. C. Blount appeared before Council and presented a petition signed by thirty-seven property owners and residents of Forest Rill Avenue, N. M., between Spring Hollow Avenue and Lyndhutst Street, requesting that the street be paved and blacktopped. On motion of Mr. Wheeler, seconded by Hr. Pollard and unanimously adopted the request mas referred to the City Manager for study and report to Council. AUDITORIUM-COLISEUM: Council at its meeting on June 22. 1964. having appointed a committee composed of Messrs. Benton O. Dillard, Chairman, Robert Garland and James E. Jones to ~rk with a committee to be appointed by business 293 294 and civic groups toward the end that · public subscription campaign muy be promoted by suid business and civic groups, thnt other necessary financial · rrangements may be considered, and thut the entire project may be reviewed, lo order that an auditorium-coliseum may be constructed in the City of Roanoke mith the least possible cost to the citizens, Mr. Jones advised that at u meeting with representatives of the business and civic groups there was o feeling a Resolution should be adopted spelling out the function of the committee us follows: lo In the light Of present day circumstances, to review the entire civic center project, including plans, financing, etc., in order that on udequate civic center may be con- structed lc Roanoke City ·t the leust possible cost to the citizens Of Roanoke. A public sobscription campaign shall be a part of any recommended method of financing. 2. To report its findings and recommendations to the Roanoke City Council for its consideration. Mr. Jones then moved that the City Attorney be directed to prepare the proper measure providing for the appointment Of the committee and spellJnl out the functien Of the committee. The motion mas seconded by Mr. Garland end unanimously adopted. FIRE DEP~RTME~T: Mr. Pollard pointed out that at the time Council reduced the working week Of the firemen It indicated it would be favorable to granting aa additional day off per month in 1965 and moved that the question of reducing the hours of firemen from 68 hours per week to 62 hours per ~eek be referred to the Budget Commission for its consideration in studying the 1965 budget, the City Manager to furnish information as to the number of additional firemen needed to give members of the Fire Department one additional day off per month. The motion nas seconded by Mr. Garland and unanimously adopted. DEPARTMENT OF PUBLIC WORKS: Council at its meeting on June 29, 1964, having accepted the proposal of Shaffer Equipment and Supply Company for supplying a Wayne street sweeper, Mayor Stoller called attention to a telegrom from the Elgin Leach Corporation, strongly urging that the body accept the proposal of The Tidy Corporation for supplying an Elgin street sweeper. Mr. Young moved that the City Clerk be directed to notify the Elgin Leach Corporation that the proposal of Shaffer Equipment and Supply Company for supplying the Wayne street sweeper has already been accepted. The motion was seconded by Mr. Wheeler and unanimously adopted. On motion of ~r. Jones, seconded by Mr. Garland and unanimously adopted, the meeting ~as adjourned. APPROVED ATTEST: City Clerk Mayor COUNCIL, REGULAR MEETING Uouday, July 13, 1964. The Council or the City of Roanoke met in regular me.tin9 In the Council Chamber in the Municipal Building, Monday, July 13, 1954, at 2 p.m** the regular meeting hour, with Mayor St*lief presiding. PRESENT: Councilmen Ralph K. Bowles. Robert A. Garland, James E. Jones, Vincent S. Mheeler, Malter L. Young and Mayor Murray A. St*lieF .................. ABSENT: Councilman Roy R. Pollard, St. ............................... 1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Whittle, City Attorney, and Mr. Jo Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend R. Jo Stewart, Pastor, East End Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on June 22, 1954, having been furnished each member of Council. on motion of Mr. Mheeler. matter, expressed the opinion ihe people having previously voiced objections to housing. 295 :296 Mr, Garland offered the following Resolution permitting the Authority to proceed with surveys and planning of an area designnted as the Kimball Project which allows the Authority to requisition funds in the amount of $95,000: (~15910) A RRSOLGTION approving the filing of · survey and planning application by ,the City of, Roanoke Redevelopment and Housing Authority with the Federal Government to defray costs of surveys and planning of a redevelopment project. (For full text of Resolution, see Resolution Rook No. 27. page R56.} Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Nheeler. Young and Rayor Stoller ........................................ NAYS: None ..........................O. (Mr. Pollard absent) Rro Garland then offered the following Resolution permitting the Authority ta proceed with planning and surveys for construction of 300 units of iow-rent public honsing: (~1591l) A RESOLUYION approving a request for planning funds from the Federal Govern=eat by the City of Roanoke Redevelopment and Housln9 Authority to defray costs of preliminary plannin9 on 300 units of low-rent public housing. (For full text of Resolution. see Resolution Book No. 27, page 258,) Mr. Garland moved the adoption of the Resolution, The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Bowles. Garland, Jones, ~heeler and Mayor Stoller NAYS: Mr. Young ........................................................ 1. (Mr. Pollard absent) ADYERYISING-CITY COYERNMENT: Mr. Joseph Do Rastin, ¥ice President, Rouck and Company, Incorporated, appeared before Council and submitted a proposal to make a 13 1/2 minute, full-color, sound-on-film advertisin9 the City of Roanoke at a total cost to the City of Roanoke not to exceed $?,500 with the following guarantee: 1o A minimum of 100 television Shonlngsin major markets throughout the country. From past experience, we would anticipate 200 or more showiogs. This estimate is based on the last two films we produced; one of which has had 219 showings and is still being circulated among the many television stations; the other has had 234 playings and is currently out of circulation for television exposure. 2. Two fall-color prints and a minumum of 20 black-and-white prints. 3, Selected excerpts made into one-minute, 30-second and 20-second television commercials. 4.The showings will be scheduled and the film shipped at no cost tO the City. 5. A skillfully executed and professionally-voiced narration would describe this motion picture depictin9 the many facets of Roanoke life at their best. Millions of viewers could see for them selves the industrial advantages Roanoke possesses: the educational opportunities, the recreational social and cultural benefits to be derived from living in Roanoke, In short, we would be able to tell the Roanoke story which is truly a fascinating one. Mr. #astin pointed out that the film mould sp&n the entire four seasons. thus taking a year to produce, and that the firm would like very such to start fllw~og so that this film could be completed by the fall and winter season of 1965. which se,sons are the prime television viewing months, it being understood that the city mould not he billed for services rendered prior to 1q65. Mr. Mastin concluding that if Council does appoint Houck and Company as its agent for the Baking of this fils, the firm would also like to feel free, at a later date, to outline further recommendations for municipal advertising for a period of three years. After · discussion of the matter, it being pointed out that under the City Charter the city is required to advertise for bids on such a program of adver- tising, and Mr. Mastin raising the question as to hum specifications could be mritten for this type of program, Mayor St.lief relinquished the Chair and moved that the City Manager be directed to advertise for bids on a comprehensive program of advertising for the City Of Roanoke alocg the lines outlined in the proposal of Hoock ~ Company, Xncorporated, beginning with a film, after conferring with the various Chambers of Commerce in Roanoke Valley, industries, television stations and other specialists in the field of advertising in the preparation of the specJficatioh$ (now closed), easterly for a distance of 75 feet, by Mr. Jones and unanimously adopted. 297 298 ZONING: Communications from Hr, Earl A. Fltzpatriok, Attorney, repre- senting the Hartean Land Corporation and Hr, Hilmer R, Crickard, et ax,, requesting that three tracts of land located on the south side of Derthberger Road, N, east of Ferncliff Avenneo designated as official Tax Nos, 2480111, 2460141 and 2480110, respectively,.be fez*ned from General Residence District to Dusiness District, were before Council, O* motion of Hr, Hheeler, seconded by Mr, Jones and unanimously adopted, the request mas referred to the City Planning Commission for study, report and recommendation to Council, REFU~S AND REBATES-LICENSES: A communication from Rr. Ellis C. Thomas, requesting that he be relieved of payment of the second installment on his merchants license for operation of the Grandin Court Esso Station at 2526 Grandin Road, S, for the year 1964. In view of the fact that his sublease on the property mas cancell~ as of March 30, 1964, was before Council. On motion of Mr. Jones, seconded by Mr. Mheeler and unanimously adopted, the request was referred to the City Attorney and Commissioner of the Revenue for study, report and recommendation to Council. REFUh~S AND REBATES-LICENSES: A communication from Regional Con struction Services, Incorporated, General Contractor, advising that its 1963 license tax Was paid on the basis of the actual volume of work done during the portion of 1962 in which the firm was in operation, that, likewiset the license tax for 1964 was paid on the basis of the ¥olume of work performed during the entire year of 1963, and that the contractor has now been notified by the City Treasurer that an adjustment is due on the 1963 license tax because the volume of work during that year exceeded the amount of license paid, was before Council, the contracting firm requesting that it be relieved of payment of the adjustment since the volume of work in question has been covered in its 1q64 license tax and it would he double taxation to pay twice for the same projects, In this connection, Hr. Creeden C. Bo~ers, President Regional Construction Services, Incorporated, appeared before Council to discuss the reasons for his request. It appearing that Council has not had time to study the reasons for the request as presented in a commanication from Mr. Bowers at the meeting, Mr. Jones moved that.the matter be placed on the agenda for the next regular meeting of the body and that, in the meantime, the reqoest be referred to the City Attorney and the Commissioner of the Revenue for study, report and recommendation to Council. The motion was seconded by Mr. Rheeler and unanimously adopted. REPORTS OF OFFICERS: BUDGET-PURCHASING DEPARTMENT: The City Manager submitted a written report, recommending that $250 be transferred from Printing and Office Supplies to Personal Services under Section nil, *Purchasing Agent** of the 1964 budget, for extra help. , Mr. Garland moved that Council concur in the recommendation of the City Manager nnd offered the folloming emergency Ordinance: (ZlJgl3) AN ORDINANCE to om, nd and reordain Section Zll. 'Purchasing Agent.u of the 1964 Appropriation Ordinance. end providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 2?. page. 261.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Rowles and adopted by the following vote: AYES: Nessrs. Domles. Garland. Jones. Nheelero Young and Mayor Stoller ................................. NAYS: None ...................O, (Mr. Pollard absent) BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager submitted a written report, recommending that $275 be transferred from Office Furniture and Equipment - New to Buildings and Fixed Equipment under Section z23. "Juvenile and Domestic Relations Court," of the 1964 budget, to provide for the purchase of an air conditioner for the office of the Judge of the Juvenile and Domestic Relations Court+ Mr, Garland moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance; (~15914) AN OROINANCE to amend and reordatn Section z23, "Juvenile and ,om, silo Relations Court," of the 1964 Appropriation Ordinance, and providing for an emergency. (For. full text Of Ordinance, see Ordinance Book No. 27, page 261.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Rowles and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Wheeler, Young and Mayor Stoller ................................. NAYS: None .................. O. (Mr. Pollard absent) BUDGEY-PLANNING: The City Manager submitted a .ritten report, advising that the position of Community Planner in the Planning Department will benome available September 1, 1964. at which time the present staff member will leave the employ of the city, that, in the meantime, the services of a qualified city planner have become available, provided he is offered the position immediately, the City Manager recommending that this person be employed for the period from July thru,oh August 31. 1964. at a rate commensurate with the pay scale of the present Community Planner from available funds in the extra help account of the Planning Department budget. Mr. Wheeler moved that Council concur in the recommendation of the City Banager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by. Mr. Jones and unanimously adopted. BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written report, advising that one of the standing complaints from citizens who are required to cut weeds on their property is that the city does not cut weeds on its property, the City Manager pointing out that there is over $14,000 Of onexpended funds in the 299 300 Street Repair budget due to the attrition program and recomwending that $5,300 be appropriated to provide for the ewployment of twelve men for o period of two months as seasonal laborers at a wage of $1.27 per hoar and that $600 be appropriated for the purchase of necessary tools and equipment to cat weeds on city-owned property, Mr. Garland moved that Council concur in the recommendation of the Gity Homager and offered the following emergency Ordinance: (n15915} AN ORDINANCE to amend and reordaJn Section a~2, "Street Repair," of the 1964 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 2?, page 262,} Rt. Garland moved the adoption of the Ordinance. The motion was seconded by Rr, Jones and adopted by the following vote: AYES: Messr$. Bowles, Garland, Jones, Wheeler, Young and Mayor Stoller ................................. NAYS: None .................. O, (Rt. Pollard absent) PURCtI~SE OF PROPERTy-STREETS AND ALLEYS: The City Manager submitted a written report, recommending that the city purchase a Oo03§-acre tract of land from Mr, David R. Hinman in connection with the extension of Whiteside Street, N. Eo, for the sum of $100 cash. Mr, Jones moved that Council concur in the recommendation of the City Ranager and offered the following emergency Ordinance: in15916) AN ORDINANCE providing for the City's acquisition of n 0.035 acre parcel of land to be used for the extension of Whiteside Street, N, E.; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 27, page 262.) Mr, Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Mheeler, Young and Mayor 5toiler ................................. 6. NAYS: None .................. O, (Mr, Pollard absent) BRIDGES: Council having directed the City Manager to advertise for bids for the construction of a low-water bridge in the vicinity of Buzzard Rock Ford Bridge, he submitted a ~rttten report, recommending that materials for the bridge be ordered on a competitive basis by the city and that labor, equipment, special tools and materials needed for the project be handled on a cost plus basis with the Wiley N. Jackson Company. In a discussion of the matter, Mr. Jones suggested including a walk-way on the bridge and Wr, Wheeler voiced the opinion that the bridge will cost more than the original estimate of $20,000 before it is completed, stating that he feels the city should wait and construct a larger bridge at some future date. Mr. Albert O. Etter appeared before Council, pointing nut that $20,000 has already been appropriated for the low-water bridge and urging that the construction of the bridge not be delayed any farther. After a further discussion of the mutter, the question beJn9 raised at to ownership of land needed to construct the bridge, #r, Wheeler moved that the question of ownership of right of way he referred to the City Attorney rot investi- gation and report to Council, The motion was seconded by Hr, Garland and unanlmousl adopted. SCMOOL5: Yhe City Attorney submitted the following report on the differences between Section 56 of the City Charter and Section 22-97 of the Code of Virginia with regard to powers and duties of the School Board: *July 2, 1964 The Honorable the Council of the City of Roanoke Gentlemen: At your meeting of June 29, 1964, you had under consideration a letter from Hr. C. H, Hawkins, then Chairman of the Roanoke City School Board. requesting that you re-examine Section 56 of the City Charter, relatin9 to the powers and duties of the School Board, with the intent Of making it more workable and to conform with Section 22-97 of the Code of Virginia. You referred the matter to me for an analysis of differences between the above- m~ntioned Code section and Charter section. It Seems to me that the best possible way Of pointing Out the differences of the two laws to you is to supply each of you a copy of each law. Accordingly, I enclose a photostatic copy of each to each member of Council herewith for your leisurely perusal. shall, however, make these two comments: One, the Charter provision provides, inter alia, that the local School *shall have all of the powers, perform all of the duties and be subject to all of the limitations now provided, or which may hereafter be provided by law in regard to school boards of cities * **; and, two, only the General Assembly may amend our Charter. Respectfully submitted, $/ Ran G. Whittle City Attorney* Mr. Wheeler moved that the report be received and filed. The motion was seconded by Mr. Jones and unanimously adopted. CITY AUDITOR: The City Auditor submitted a finaocial report for the month of May. 1964. On motion of Mr. Wheeler, seconded by Mr. Garland and unanimously adopted the report was filed. STREETS AND ALLEYS: Council having referred to the City Planning Commission for study, report and recommendation the request of the Hospital Service Association of Roanoke that a l§-foot alley lying between Lots 3 and G, Hlock 11, Official Survey S. W. 3, Official Tax Nos. 1023103 and 1023104. be vacated. discontinued and closed for a distance of 150 feet east from Third Street. S. 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 2 p.m** August 10, 1964. The motion was seconded by Mr. Jones and unanimously adopted. ZONING: Council having referred to the City Plannin9 Commission for study, report and recommendation the request of Mr. R. R. Quick that property located on the westerly side of Winthrop Avenue, $. W., between Twenty-third Street 301 3O2 Twenty-sixth Street, described ns Lots 13-18, inclusive, Block 5, Nlm*mo Additiont Official Tax Nos, 1270113-1270118, Inclusive, be rezoned from General Residence District to Special Residence District, the City Plenning Commission submitted a written report, recommending that the request be granted. NF, Nheeler moved that a public hearing on the matter be held at 2 August 10o 1964. The motion was seconded by NF. Jones and unanimously adopted, ZONING: Council having referred to the City Planning Commission for stud report and recommendation the request of the Parhway Center, Incorporated, that property located on the north side of Cleveland Avenue, S. N** west of Thirteenth Street, described as part of Lots 3~ 4 and S, BI*ch 21, and parts of Lots 9 and al,ch 22, Nest End and River View Land Company. being a portion of Official Tax Nos 1220420 and 1220421 and all of Official Tax No. 1220422. be Fez*ned 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 2 p.m., August !0. 1964. Yhe motion was seconded by Mr. Jones and unanimously adopted, REPORTS OF COMMITTEES: NATER DEPARTMENT: The committee appointed to tabulate bids received on alterations to and pumping equipment for the Delray Water Pumping Station submitted the following report: "July 9. 1964 To: Members of City Council The undersigned committee, appointed to tabulate the bids received on June 29, 1964 for Contract iF** Alterations to Delray Station and ContracttGt, Pumping Equipment for Delray Station, as reviewed the bids and makes the following report: 1. Contract *F*-Alteratlons to Delray Station Your committee recommends the acceptance of the single bid of J. M. Turner ~ Company, Inc. at $41.100.00. 2. Contract *Gt-Pumping Equipment for Delray Station Your committee recommends the acceptance Of the bid of DeLaval Turbine, Inc,, at $6,426.00 as being the best bid totally consistent with the specifications. The tabulation of bids is attached. Respectfully submitted, Sf W, L, Younq N. Lo Young, Chairman S/ A. S~ Owens A. S. Owens S/ R, E~ Pillow R. E. Pillow" Mr. Young moved that Council concur in the recommendation Of the committee and offered the following emergency Ordinance: (~1591T) AN ORDINANCE awarding Contract 'F" for certain alterations to the City*s Delray Nm*er Pumping Station, and Contract "G' for the furnishing and installation of certain pumping equipment at the Delray Station; and providing for an emergency. (For full text of Ordinance. see Ordinance Dooh No. 27, page 263.) Hr. Young moved the odoption of the Ordinance. The motion Was seconded by Mr. Jones and adopted by the_~'following vote: AYES: Nessrs, Houles, Garland, Jones, Nheeler, Young and #ayor Stuller ................................. NAYS: None ...................On (Mr, Pollard absent) UNFINISHED BUSINESS: NONE. CONSIDERAYION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 15691, vacating, discontinuing and closing a IS-foot alley running parallel to Jefferson Street and First Street, S. Eo, extending from Albemarle Avenue in a northerly direction approximately 157.5 feet to another alley, and lying between Lots 5 and 6 and Lot 10, Block 10, Official Survey S, Eo 3, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Nheeler offering the following for its second reading and final adoption: (=15891) AN ORDINANCE permanently vacating, discontinuin9 and closin9 that certain undeveloped and unimproved alley, 1S feet in width, situate in the City of Roanoke, Virginia, lying between Jefferson Street and First Street (Orchard Hill), S. E., and extending approximately 157.5 feet in a northerly direction from Albemarle Avenue, S. E., between Lot 10 and and Lots 5 and 6, Block 10. to another alley, as the same is shown on Sheet 3, S. E.. of the Nap of the Official Survey of the City of Roanoke. (For full text of Ordinance. see Ordinance Book No. 27, page 252.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Rt. Jones and adopted by the following vote: AYES: Messrs. Bo~les, Garland. Jones, Nheeler, Youeg and Mayor Stoller ................................. NAYS: None ...................O. (Mr. Pollard absent) ZONING: Ordinance No. 15892, rezoning property located on the north side o~ Thurston Avenue, N. E., between ~illiamson Road and Courtland Road, described as Lots 35 and 36, Block C, Williamson Groves, Official Tax No° 3080922, from General Residence District to Dusiness Oistrtct, having previously been before Council for its first reading, read and laid over, was again before the body, Nv. Jones offerin the following for its second reading and final adoption: (~15892) 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. 27, page 253.) Rr. Jones moved the adoption of the Ordinance. The motion was seconded b Mr. Nheeler and adopted by the following vote: AYES: Messrs. Oowles, Garland. Jones, Nheeler, Young and Mayor Stoller ................................. NAYS: None ...................O. (Rt. Pollard absent) 303 3O4 ZONING: Ordinance No, 15893, rezonlng property located on the northeast corner of Church Avenue and Eleventh Street, So Eo, described es Lots I end 2, alack 6, East Side Land Coapany, Official Tax Nos. 4111409 and 4111410, from General Residence District to Light Industrial District, having previously been before Council roy its first reading, read end laid over, was again before the body, tlr. ldheeler offering the following for its second reading and final adoption: (g15893) AN ORDINANCE to ahead and reenact Title IV. Chapter 4t Section 1, of The Code of the City or Roanoke, in relation to Zoning, (For full text of Ordinance, see Ordinance Book No, 27, page 254,) tlr, Nheeler moved the adoption of the Ordinance. The motion was seconded by tlr. Garland and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Mheeler, Young and tlayor Stoller ................................. NAYS: None ...................O. (Mr. Pollard absent) FIRE DEPARTMENT-STREETS AND ALLEYS: Ordinance No. 15901, authorizing the exchange of real estate between the City of Roanoke and the Trustees of Beth Israel Synagogue, 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: (#15901) AN ORDINANCE authorizing the exchanDe of real estate bet.eeo the City of Roanoke and the Yrustees of Beth Israel Synagogue. (For full text of Ordinance, see Ordinance Book No. 27, page 255,)' tl:o Garland moved the adoption of the Ordinance. The motion was seconde~ by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, ~heeler, Young and Mayor Stoller ................................ NAYS: None ...................O. (Mr. Pollard absent) BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in various municipal departments since they are of an emergency nature, he presented same; whereupon. Mr. Jones offered the following Resolution: (nl~glO) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 27. page 264.) Mr. Jones moved the adoption of the Resolution. The motion was seconded Mr.Garland 'and adopted by the following vote: Stoller ............................... NAYS: None ...................O. (Mr. Pollard absent) AUOITORIUM-COLISEOM: Council having directed the City Attorney to prepay the proper measure appointing a committee to review the proposed Civic Center Project in order that a proper Civic Center may be constructed in the City of Roanoke at the least possible cost to its citiaens and outlining the function of such committee, he presented same. fn this connection, ~r. T. T. #note, President, Roanoke Chamber of Commerce, appeared before Council and advised that business and civic groups bare appointed #essrs. Herman H. Pevler. Robert w. ~oody and James L. Trinkle to serve on the committee. Council having previously appointed a committee composed of Messrs. Denton O. Dillard, Chairman. Robert A. Garland and James E. Junes to work with the committee to be appointed by the business and civic groups, Hr. Jones moved that the draft of the Resolution be amended to include nat only the committee appointed by the business and civic groups, but the committee appointed by Council, and to provide that the Civic Center Project Committee choose its own Chairman, The motion was seconded by Mr, Garland and unanimously adopted, Mr. Jones then offered the foil,win9 Resolution. as amended: (#1S919) A RESOLUTION appointing a committee to review the proposed Civic Center Project In order that a proper Civic Center may be constructed In the City of Roanoke at the least possible cost to its citizens and outlining the function Of such committee. (For full text of Resolution. see Resolution Book No. 27, page 265.) Mr. Jones moved the adoption of the Resolution, The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bowles, Garland. Jones. Wheeler, Young and Mayor Stoller ................................. NAYS: ~one ...................O. (Mr. Pollard absent) MOTIONS AND MISCELLANEOUS BUSINESS: SIGHS: Mr. Wheeler stated that numerous complaints have been made con- cerning a sign at the west end of the Thirteenth Street Bridge and moved that the City Manager be directed to ascertain whether or not the sign is located on city property and to report back to Council. The motion was seconded by Dr. Jones and unanimously adopted. QUALIFICATIONS: The City Clerk reported the qualification of Mr. Raymond Pillow as a member of the Board of Trustees of the Employees' Retirement System; Mrs. Elizabeth M, Drewry, Mr, Sidney P. Chockley and Mr. Evans B. Jessee as members of the Roanoke Public Library Board; and Mr. Jack B, Coulter, Mr, Duncan C. Kennedy, Mr. Samuel P. McNeil and Mr. Lewis P. Thomas as members of the Roanoke City School Board. On motion of Mr. Wheeler, seconded by ~r. Young and unanimously adopted, the report was filed. On motion of Mr. Wheeler, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned, APPROVED Clty Clerh Mayur 305 306 . COUNCIL* REGULAR MEETING, Woad*y, July 20, 1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Woad*y, July 20, 1964, at 2 p,m,, the regular meeting hour, mith Mayor 5toiler presiding. PRESENT: Councilmen Ralph K. Bowles, Robert A. Garland, James E. Jones, Roy R. Pollard, Sr., Vincent S. Wheeler, Walter L. Young and Mayor Murray A. 5toiler ................. r ................. ?. ABSENT: None ................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle, City Attorney, and MFo J. Robert Thomas, City Auditor. INVOCATION: The meeting mas opened mith a prayer by the Reverend James K. Cobb, Pastor, £manuel Lutheran Church. MINUVES: Copies of the minutes of the regular meeting held on Monday, June 29, 1964, and the regular meeting held on Monday, July 6, 1964, having been furnished each member of Council, on motion of Mr.'Rheeler, seconded by Mr. Young 3nd unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded, HEARIN~ OF CITIZEN5 UPON PUBLIC hATTERS: PEpARTMENT OF PUBLIC WORKS: Pursuant to notice ef advertisement for bids on a truck cab and chassis complete with hoist, said proposals to be received by the City Clerk until 1:30 p.m,, Monday, July 20, lgb4, and to be opened at 2:00 p.m., before Council, Mayor Stoller asked if anyone had any questions about the advertisement, 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: International Harvester Company $ 12,089.64 OMC Truck ~ Coach Division 12,583.40 Antrim Motors, Incorporated 12,969.00 Diamond Chevrolet Corporation 13,140.0U Magic City Motor Corporation 14,425.33 Dicker*on OMC, Incorporated 14,555.00 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. Wheeler and unanimously adopted. Mayor Stoller appointed Messrs. Roy R. Pollard, Sr., Chairman, H. Cletus Droyles and Milton E. Showalter as members of the committee. INSURANCE; Mr. L. E. Overman, District Sales Manager of The Allstate Insurance Company, appeared before Council, pointing out that the auto liability fleet policy expires on September 12, 1964, and requested that the city call for bids on this insurance, Mr. Robert E. Rulleno Jr., representing the Insurance Advisory Committee, appeared before Couucil and ashed that action on the request be deferred until the next regular meeting of the body In order that bls committee might have an opportunity to be heard un the matter. It appearing that Council at its meeting on September 9, lq63, continued a committee composed of Messrs. Robert A. Garland, Chairman, Roy R. Pollard, Benton Oo Dillard and nueford B. Thompson to study the possible revision of the present Insurance program of the city, including a study of self insurance, Mr. Pollard moved that the request of The Allstate Insurance Company be referred to the committee for consideration in its study and that Mayor Murray A. 5toiler be added to the committee. The mo,Jun was seconded by Mr. Wheeler and unanimously adopted. SIDEWALK, CURB AND GUTTER: Mr. Henry V. Langford appeared before Council advising that there are twenty=two houses in the 2800 block of Nor,bylaw Drive, S. W., that seventeen of the homeowners signed a petition to have a sidewalk constructed in front of their property, while five refused, and sixteen of those who signed the petition have paid their share of the cost of the sidewalk, and that seven of these are now asking that the project be abandoned and their money refunded, which, together with the five homeowners who refused to sign the petition, makes a total of twelve residents opposed to the coa~truction of the tidewalk, a majority of the twenty-two homes involved. Mr. Donald D. Marple stated that he paid his share of the cost of the sidewalk with the understanding that the money would not be deposited mith the city until all seventeen of the property owners who signed the petition bad paid their part, but one property owner has not paid his money. Mr. Andrew H. Thompson advised Council that ten of the property owners still want the sidewalk and that he has been assured by the property owner who has not deposited his share of the cost with the city that he will do so when construc- tion is started, making a total of eleven homeowners in favor of the project. Also speaking in favor of the sidewalk project was Mr. Eugene Frost. After a discussion of the matter, members of Council pointing out that when ~ortbrtew Drive is extended by a subdivider the property owners in the 2800 block wil benefit from the sidewalks in front of their homes more than ever, Mr. Jones moved that the request to abandon the sidewalk project be denied. The motion was seconded by Mr. Bowles and unanimously adopted. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: A communication from the Allied Sales Company. expressing appreciation for street improvements in the 2400 block of Patterson Avenue, S. R., was before Council. 307 308 INDUSTRIES: Council having previously adopted a Resolution urging the Interstate Commerce Commission to give favorable consideration to the proposed merger of the New York, Chicago and St. Louis Railroad Company (Nickel Plate Road) Into the Norfolk and Western Railway Company, a statement from the Commission, advising that it has approved the merger conditioned upon complete divestitute by Pennsylvania Railroad and its subsidiary, Pensylvania Company, of their financial interests Ju Norfolk ~ Western and Rabash over a lO-year period, nas before the body. Mr. Jones moved that the statement be filed and that the City Attorney be directed to prepare the proper measure expressing the appreciation of Council for the action taken by the Interstate Commerce Commission. The motion was seconded by Mr. Garland and unanimously adopted. AUDITS-JUVENILE AND DOMESTIC RELATIONS COURT: A communication from Mr, J. Cordon Bennett, Auditor of Public Accounts for the Commonuealth Of Virginias transmitting a report on an audit of the accounts and records of the Judge of the Juvenile and Domestic Relations Court of the city of Roanoke for the calendar year 1963 was before Council, Mr. Bennett pointing out that in order to carry out his post audit duties under the City Charter and to eliminate a duplication of audit work the City Auditor assigned a ~taff member to assist in the audit under the direction and responsibility of the Auditor of Public Accounts, with the understand- lng that the Auditor of Public Accounts would make the report on such joint examina- tion, and advising that the examination disclosed that proper accounting had been made for all funds of record during the period under review. On motion of Mr. Pollard, seconded by Mr. Garland and unanimously adopted, the communication and report were filed. BUDGET SCHOOLSI Council having previously approved the final report of lithe City Audit ........ dit of the public school syst .... d having requested the Roanoke City School Board to cooperate fully with the City Auditor in putting his Irecommendations as contained iff said report Jato effect, a communication from Mr. IRoy L. Mebber, Chairman of the School Board, advising that in orderto implement tthe fifteen recommendations of the City Auditor it will be necessary to appropriate I; $1,OI?.SO for ~ne-half of the salary of an Inventory Coordinator, $2,100.00 for the salary of an Office Assistant and $75.00 forthe upgrading of a present Clerk-Typist to a punch-Tape or Key-Punch Operator under Personal Services, Section ~lO00, *School Administration,* of the 1964 budget; and to transfer $336.00 toward the salary of an Assistant Superintendent and $3,775.00 to provide for an Assistant Director of Personnel from Personal Services under Section ~2000, *Schools-Instruction,* to Personal Services under Section alO00, *Schools-Administration** of the 1964 budget, and requesting that the total appropriation of $3,992.50 and the total transfer of $4,111.00 be made, was before the body. Mr. Young meted that Council concur in the request of the School Ooard and offered the following emergency Ordinance: (n15920) AN ORDINANCE to amend and reordain Section nlO00, "Schools- Administration,' and Section #20000 'Schools-lnstruction,' of the 1964 Appropriation Ordinance and proriding for an emergency. (Fur full text of Ordinance, see Ordinance Boob No. 27, page 265.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Mheeler and adopted by the following vote: AYES: Yessrs. Boules, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .......................... 7. NAYS: None ..................O. REPORTS OF OFFICERS: $TRE£T LIGHTS: The City Manager submitted a mritten report, recommending that. five street lights be installed In the West Westuood Subdivision. Mr. Garland moved that Council concur in the recommendation of the City Wnnager and offered the following Resolution: (=15921) 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. R?. page 266.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Wessrs. Bowies, Garland, Jones, Pollard. Wheeler. Young and Nayor Stoller---~ ...................... 7. NAYS: None ..................O. BUDGET-MUNICIPAL COURT: The City Manager submitted a written report, recommending that $440 be appropriated to Personal Services under Section ~24, 'Municipal Court," of the 1964 budget, for extra help. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15922) AN ORDINANCE to amend and reordain Section m24, "Municipal Court,' of the 1964 Appropriation Ordinance, and prorJdlng for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 267.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Ho~les, Garland, Jones, Pollard, Wheeler, Young amd Mayor Stoller .......................... ?. · NAYS: None .................. O. BUDGET-CLAIMS: The City Manager submitted a written report, recommending that $500 be appropriated to Court Costs under Section =150, 'Non Departmental," of the 1964 budget, to cover court costs ~hich are expected to be incurred through- out the remainder Of the fiscal year. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: 309 310 ,, (#15923) AN ORDINANCE to amend and reordain Section si50, "Non-Depart- mental," of the 1964 Appropriation Ordinance, and providing for au emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 267,) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Mb*clef and adopted by the following vote: AYES: Messrs. Bomles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... ?. NAYS: None .................. O. ' BUDGET-AIRpORT: Council at its meeting on March 16, 1964, having filed a recommendation of the Clty Manager that $1,500 he appropriated to Rentals under Section zOg, "Airport," of the 1964 budget, for snom removal at Roanoke Mnnicipal (Woodrum) Airport for the balance Of the year, the City Manager submitted a written report, advising that it has come to his attention the amount was to cover services already rendered by the Riley N. Jackson Company last winter when there was an emergency, and that there is still a balance of $1,432 due the firm which he be appropriated. After a discussion of the matter, Council being of the opinion that the sum of $1,432 should be transferred from the unexpended b~ ance in the Operating Supplies and Materials account under Section gOD, mSnow and Ice Removal," of the 1964 budget, Mr. Wheeler offered the following emergency Ordinance: (~15924) AN ORDINANCE to amend and reordain Section ~86, "Snow and Ice Removal," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 260.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ........................... ?. NAYS: None .................. O. flUDGE~-HUS~INGS COURT: The City Manager submitted a written report, recommeoding that $20 be transferred from Printing and Office Supplies to Dues, Memberships and Subscriptions under Section ~20, "Bustings Court," of the 1964 budget. Mr. Young moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15925) AN ORDINANCE to amend and reordain Section z20, *Dustings Court," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2?, page 268.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: Messrs. Dowles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ........................... 7, NAYS: None .................. O. BUDGET~RECBEATION DEPARTMENT*DEPARTMENT OF PUBLIC MORKS: The City Manager submitted a uritten report, recommending that re~alrs to one section of the balus- trade at Mountain Vlem be authorized at an estimated cost of $400 from unexpended funds in Materials-Building and Property under Section #fiB, "Maintenance of City Property," of the 1964 budget, and that $150 be transferred from Operating Supplies and Materials under Section z~7, "Municipal Building,' to Printing and Office Supplies under Section aB~, 'Maintenance of City Prope£tyo~ of the 1964 budget. Mr: Young moved that Council concur lB the recommendation of the City Manager and offered the following emergency Ordinance: (#15926) AN ORDINANCE to amend and r,ordain Section no7, 'Municipal Duilding,* and Section #BO, 'Maintenance of City Property," of the 1964 Appropriatios Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Rook No. 27, page 269.) Mr. Young moved the adoption Of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the'followingvote: AYES: Messrs. Bowles, Garland, Jones, Pollard. Wheeler, Youn§ and Mayor Stoller .......................... 7. NAYS: None ..................O. BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a written report, transmitting a request of the Director of Public Works that SBO0 be trans- ferred from Operating Supplies and Materials under Section mi41, 'Sewer and Drain Co~ truction,' to Operatin9 Supplies and Materials under Section a94, 'Sewer Main- tenance," if the 1964 budget, and verbally recommended that the request be granted, Mr. Mheeler moved that Council concur in the recommendation of the City Manager and offered the foll~wing emergency Ordinance: (u15927) AN ORDINANCE to amend and reordain Section ;94, "Sewer Main- tenance," and Section =14 1, "Sewer and Drain Construction,~ of the 1964 Appropriatior Ordinance, and provid lng for an emeroency. (For full text of Ordinance, see Ordinance Book No. 27, page 269.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: gessTs. Bowles, Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller .......................... NAYS: None ..................O. BUDGET-PAY PLAN: The City Manaoer submitted the following report, recommendin9 that certain vacancies in various municipal departments be filled since they are of an emeroency nature: .To the City Council Roanoke, Virginia Gentlemen: "Roanoke, Virginia July 20, 1964 The following employees are needed for the efficient operations of the City Government: 311 312 SANITATION DEPARTMENT - Refuse Disposal: 3 Disposal Laborers - Group 10 Street Cleaning: I Disposal Laborer ~ Group 10 STREET REPAIR DEPARTMENT - 4 Street Crew Helpers SEMER MAINTENANCE DEPARTMENT - 3 Street Crew Helpers SEWER AND DRAIN CONSTRDCTION DEPARTMENT - 2 Street Creu Helpers PUBLIC RELFARE DEPARTMENT - Due to resignations, I am requesting authority to employ four caseworkers. LIBRARY - Doe to resignation, I am requesting authority to employ an employee classified as Secretary IX, Grade 14. Funds are provided in the accounts for these employees and will require no additional appropriation. Respectfully submitted, S/ Arthur S. Owens City Manager" 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. Garland and unanimously adopted. PARKS AND PLAYGROUNDS-STATE ItlGHWAYS: Council having previously authorized the proper city official5 to deposit and pay into court the amount of $57,200 for the 138.10-acre tract of land owned by France5 J. Cooper, et al** in connection with the Mill Mountain - Blue Ridge Parkway Spur and Recreational Area Project, the City Manager submitted a written report, advising that the commissioners in condemna- tion proceedings brought for the acquisition of the tract of land have fixed the value of said property at $72,500, and recommended that the award made by the commissioners be accepted. Mr. Yooflg moved that Council concurin the recommendation of the City Manage and Offered the following Resolution: (m15928) A RESOLUTION authorizing the acceptance of an award made by commissioners in condemnation proceedings brought for the acquisition of a 139.1 acre tract of land for the Mill Mountain-Blue Ridge Parkway Spur arid Recreational Area Project. (For full text of.Resolution, see Resolution Book No. 27, page Mr. ¥oun9 moved the adoption of the Resolution. The motion sas seconded by Hr. Wheeler and adopted by the following vote: AYES.: Messrs. Bowles, Garland, Pollard, ~heeler, Young and Mayor Stoller ................................ NAYS: None ..................O. (Hr. Jones not voting) ZONING: Council havin9 referred to the City Planning Commission for study, report and recommendation the request of Mrs. Gladys Hackney McMullen that property located on the south side of Colonial Avenue, S. W., between T~enty-first Street and Twenty-second Street, described as Lot 8, Block 3, Colonial Heights, Official Tax No. 1271208, be rezoned from General Residence District to Rusines~ District, the City Planning Commission submitted a mritten report, recommending that the request be granted. ~r. Young moved that u public hearing on the m~tter be held at 2 August 17, 1964. The motion mas seconded by Mr, Jnnes and unanimously adopted. REPORTS OF COMMITTEES: PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council having previously referred to a committee composed of Messrs. Benton O. Dillard, Chairman, Robert Garland and Murny A. Stoiler, for study, report and recommendation, an offer Of Mr. C. L. Merta to sell to the City of Roanoke for a net price of $9,500 a 1.707= acre tract Of land located On the southeast corner of Salem Turnpike and Thirty- sixth Street, N. M., adjacent to the Fairviea Elementary School. the committee submitted a written report, advising that it has given the offer ~erious study and consideration and recommends that the city not accept ~id o~fer or purchase said property. Mr. Pollard moved that Council concur in the recommendation of the committee and that the offer be rejected. The motion ~as seconded by Mr. Mheeler and unanimously adopted. UNFINISIIED BUSINESS: REFUNDS AND REBATES-LICENSES: Council at its last regular meeting having deferred until the present meeting consideration of a request 5f Regional Construc- tion ~ervices, Incorporated, that it be relieved of payment of an adjustment due on its 1963 contractors license tax since the volume of work in question mas Covered" Iff tts 1964 license tax and it would be double taxation to pay twice for the same projects, and, in the meanwhile, havlfl9 referred the request to the City Attorney and the Uommis~ioner of the Revenue for study, report and recommendation, the matter was again before the body. In this connection, Mr. Creeden C. Bomers, President, Regional Construc- tion Services, Incorporated. appeared before Council for a discus~ion of the matter. After a discussion of the matter, Mr. Jones moved that, in addition to the study of the request being made by the City Attorney and the Commissioner of the Revenue. the question be referred to the Tax Study Commission for consideration in its study of the tax structure of the city as to any possible inequity in the present contractors license tax. The motion was seconded by Mr. Pollard and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCT ION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-PLANNING: Council having directed the City Attorneyto prepare the proper measure authorizing the employment of an additional Community Planner in the Planning Department for the period from July 20 through August 31. 1964. in view of the fact that the present Community Planner is leafing the employ of the city September I. be presented same; whereupon, Mr. Jones offered the followin9 Resolution: 313 '314 (alSq2q) A RESOLUTION authorizing the City #aaager to employ, on u teBporary basis rrou July 20 through August 31. 1q64, a Comuuolty Planner to be paid from money contained la the present Planning Department budget under item °Extra Help'. (For full text or Resolution, see Resolution Book No. 27, page 271.) Hr. Jones moved the adoption or the Resolution. The motion ua~ seconded by Hr. Garland and adopted by the following vote: NAYS: None .................. O. $30,209.05. NOTIONS AND RISCELLANEOUS BUSINESS: CITY GOVERNMENT: Mr, Jones called attention to the Local Government Official*s Conference to be held at the University of Virginia in Charlottesville, Virginia, August 31 - September 2, 1964. voicing the opinion that department heads of the City of Roanoke would benefit from atteading the conference, and moved that the matter be referred to the City Manager for consideration as to the city official he would like to designate to attend said conference. The motion was seconded by Mr. Garland and unanimously adopted. On motion of Rr, J,nes, seconded by Mr. Wheeler and unanimously adopted, the meeting was adjourned. APPROVED City Clerk :316 COUNCIL, REGULAR MEETING, Monday, July 27. 1964. The Council of the City of Rm nohe met In regnlar meeting in tke Council Chamber in the Municipal Rnllding, Monday, July 2T, 1964, at 2 p,m., the regular meeting hoar, mith VlceNayor Robert A. Garland presiding. PRESENT: Councilmen Ralph K. Oomles, James Eo Jones, Roy R. Pollard, Sr., Nalter L. Young and Vice Mayor Robert A. Garland ................................ 5. ABSENT: Councilman Vincent S. Mheeler and Mayor Murray A. Stoller .... OFFICERS PRESENT: Mr. J. Robert Thomas, City Auditor and Acting City Manager, and Mr. Randolph G. Mhittle, City Attorney. INVOCATION: The meeting mas opened mith a prayer by the Reverend Stone, Pastor, Maverly Place Daptist Church. MINUTES: Copies of the minutes Of the regular meeting held on Monday. July 13. 1964, and the regular meeting held On Monday. July 20, 1964o having been furnished each member Of Council, on motion of Mr. Jones. seconded by Mr. Bowles and unanimously adopted, the reading thereof ~as dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. Richard T. Edwards. Attorney, represen- ting Mrs. Susie G. Horton, requesting that the easterly portion of a 35.325-acre tract of land adjoining Melrose Avenue. Twenty-fourth Street and Salem Tu~pike. N. W., Official Tax No. 2420203, be rezoned from General Residence District to Business District, mas before Council. On motion of Mr. Young, seconded by Mr. Pollard and unanimously adopted, the request ~as referred to the City Planning Commission for study, report and recommendation to Council. STREETS AND ALLEYS: A communication from Al/ Star Lanes and The Roanoke Country Club. Incorporated, requestin9 that two parcels of land previously donated to the City of Roanoke by All Star Lanes from the rear of its property at 3439 Melrose Avenue. N. W., for street and municipal purposes, be conveyed to All Star Lanes and The Roanoke Country Club, Incorporated. as abutting property o~ners, mas before Council. On motion of Mr. Young. seconded by Mr. Jones and unanimously adopted. the matter was referred to the City Attorney to determine under what provisions said land was donated to the city and to report to Council if this request should be handled as a street and alley closing. WATER DEPARTMENT: A communication from Mr. J. Ralph LaPrade, requesting that city mater service be furnished his property on Mountain View Road. N. located east of State Route 117. north of Hershberger Road, in Roanoke County, mas before Council, 317 On motion of Hr. Young, seconded by Mr. Pollsrd tad unanimously adopted. the request uss referred to the City Manager for study, report and recomaendation to Council, the report to include o map of the urea in question. TRAFFIC: A petition signed by t~lrteen residents of Gruyson Avenue, coaplnlning of autonobiles speeding on this street and requesting that the situation be corrected, was before Council. On motion of Er. Pollard, seconded by Mr, Bowles and unanimously adopted, the uatter uss referred to the City Manager for study, report and recoumeodstJon to Council, REPORTS OF OFFICERS: STREEy LIGHTS: The City ~anager submitted a ~ritten report, recommending that a street light be installed ut the corner of Court Street and Rockland Avenue. Mr. Pollard moved that Council concur in the recommendation of t~e City Manager and offered t~e follo~in9 Resolution: (=1S931) A RESOLUTION authorizin9 t~e installation of one 2500 lumen overhead incandescent street light at the corner of Court Street and Rockland Avenue. N. N. (AP Pole No. 230-2507) (For full text of Resolution, see Resolution Book No. 27. page 272.) Mr. Pollard moved the adoption of t~e Resolution. T~e motion ~as seconde, by Mr. Young and adopted by the Following vote: AYES: Messrs. Ro~les, Jones. Pollard, Young and Vice Mayor Garland .... NAYS: None ............................................................O. (Mr. Nheeler and Mayor Stoller absent} BUDUET-HEALTII DEPARTMENT: The City Manager submitted a ~ritteu report. recommending that $100 be transferred from Medical and Housekeeping Supplies to ',318 under Section ~60, 'Police,' of the 1964 budget, to corer the expeoseaof n police officer aba is being sent to Honolulu to return u former police officer aha is charged in the City of Roanoke milk embezzlement and forgery, uhich amount mill be reimbursed by the state after the officer returns with the prisoner. Mr. Jones moved that Council concur in the recommendation of the City Ranager and offered the folioming emergency Ordinnnce: (=15933) AN ORDINANCE to amend and reorduin Section #bO, "Police,' of the 1964 Appropriation Ordinance, nad providing for on emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 273.) NF. Jones moved the adoption of the Ordinance, The notion was seconded by Mr. flowies and adopted by the follouing vote: AYES: Messrs. Bowles, Jones, Pollard, Young and Vice Mayor Garland ..... NAYS: None ............................................................. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager submitted a written report, recommending that SbO be appropriated to Personal Services under Section ~23, 'Juvenile and Domestic Relations Court,* of the 1964 budget, to increase the rate of pay Of a Probation Officer from $375 to $395 per month, effective July 16, 1964. The Actln9 City Manager informing the body the money is already in the budget, that rate changes are usually made only once a year when the budget adopted, therefore, a Resolution is required to effect the ingrade salary increase, Mr. Young moved that Council concur in the verbal recommendation of the Acting City Manager and offered the following Resolution: (~15934) A RESOLUTION approving an ingrade salary increase for Hazel P. Mabe. (For full text of Resolution, see Resolution Book No. 27, page 273.) Mr. Young moved the adoption of t~e Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles. Jones, Pollard, Young and Vice Mayor Garland ....5. NAYS: None ............................................................O. (Mr. Mheeler and Mayor Stoller absent) TRAFFIC-STATE HIGHWAYS: The City Manager submitted the following report, with regard to the continuing phase of the Roanoke Valley Regional Area Trans- portation Study: "Roanoke, Virginia July 27, 2964 To the City Council Roanoke. Virginia Gentlemen: On July 16, 1964, repreaentatives of the Department of Highways, Commonwealth of Virginia, and officials of the several subdivisions in the Volley met in the District Office at Salem, Virginia. to discuss the Roanoke Valley Regional Area Transportation Study with special emphasis on the Federal High.ay Act of 1962. I am attaching the following letter frae Mr. K. M. Mllkinson. Assistant Traffic and Planning Rngineer of the State Department of Highways, which refers to that meeting and calls attention to some poignant facts concerning t~e law as outlined fa his paragrnp~s 4, S and ?. 'July 22, 1964 Roanoke Valley Regional Transportation Study Mr. Arthur S. Omens City Manuger Roanoke, Virginia Dear Mr, Owens: T~is will confirm our discussion et the meeting on July 16. in the Department's District Office at Salem, Virginia, concerning certain aspects of the subject study with parti- cular emphasis on the continuing phase as required by the Federal Highuuy Act of 1962. It mould facilitate the hnndling of future projects and the continuing planning process if the City of Roanoke would proceed as early os possible in obtaining official adoption of the Major Arterial Plan us described in the report dated December 1963 titled "Major Arterial HIRhuny Pl3n - Roanoke Valley Regional Area Transportation Study". It is requested that the City appoint a member of its governing body to a Policy Committee to represent the City in establishing policy and procedure for the continuing planning process. The member of the Police Committee s~ould be vested sith the authority to speak for and in behalf of the City in matters pertaining to the continuin9 planning process, It is also requested that the City appoint a represen- tative to a Technical Committee for the continuin9 plannin9 process. This representative should be preferably a member of the City's engineering or plannln9 staff. If the City desires, it may appoint two members to this Committee. The continuin9 comprehensive transportation planning process will require a perpetual invent ory of certain: basic data on land use. zoning, population, car ownership, employment, economic data, etc., and the annual reporting of these data to provide the information essential to a deter- mination of re-evaluation intervals. This ~ork may be . performed by either the City's engineering and planning staffs or if the City wishes, it may by resolution or ordinance delegate this authority and responsibility to the Roanoke Valley Regional Planning Commission with, of course, the concurrence of the Roanoke Valley Planning Commission. It occurs to me that should the latter course be preferred it would be desirable for the participating local 9overnments of the City of Roanoke, County of Roanoke, Salem and Vinton to take Joint action with the Roanoke Valley Regional Planning Commission in accomplishing this objective. The Federal HiRhway Act of 1962 specifies that suitable evidence must be provided the Bureau of Public Roads that such a continuing planning process is in effect after July I. 1965. for the State and local governments to be eligible to receive Federal Highway funds. Accordingly. you are urged to take the necessary steps outlined in this letter at the earliest time to avoid the possibility of loss of blob- way funds. With best regards. Sincerely, S/ K. M. Wilkinson K. M. Wilkinson Assistant Traffic and Planning Engineer* 319 '320 It mould appear to me that Couscil should adopt o resolution oppolatlsg s member of its oma governing body to represent the City for o continual study of this plan as outlined in paragraph 3. I mould also suggest that you appoint the P!saaiag Director to represent the CltI on the tecRnicsl staff sad I mould leave in your good Judgment mbo the second member should be. We are nell ahead of the schedule as outlined in the Federal Hlghmay Act of 1962. mhich necessitates the adoption of a plan and n continual' study of transportation needs mhich must be in effect prior to July 1. 1965. This mill keep us in an excellent position, sad I urge your adoption of the necessary resolution. Respectfully Submitted. S/ Arthur S. Owens City Ranager" Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following Resolution appointing Mr. Vincent S, Nheeler aa a member of the Policy Committee of t~e Roanoke Valley Regionol Area Trans- portation Study: (#1S93S) A RESOLUTION uppointing a member to the Policy Committee of the Roanoke Val]ey Regional Area Transportation Study; and vesting Such member with autqority to speak for and on behalf of the City tn establishing policy and pro- cedure for the continuing planning p ....... (For full text of Resolution, zee Resolution Book No. 27, page 273.) Mr. ollard moved the adoption of the Resolution. The motion was seconded by Mr, Young and adopted by the following vote: AYES: Messrs. Bowles. Jones. Pollard, Young and Vice Mayor Garland NAYS: None .............................................................O. imf. Nheeler and Mayor Stoller absent) Mr. Pollard tAen offered the following Resolution appointing Director of City Planning Warner K. Sensbach and City Manager Arthur S. Owens as representa- tives to the Technical Committee: (~15936) A RESOLUTION appointing members to tho Technical Committee of process. (For full text Of Resolution, see Resolution Book No. 27, page 274.) by Mr. Jones and adopted by the following vote: AYES: Messrs. Bowles, Jones, Pollard, Young and Vice Mayor Garland ......5. NAYS: None ..................................... 0 (Mr. Wheeler and ~ayor Stoller absent) 5TREEYS AND ALLEYS: The City Manager submitted the folloming report with reference to widening a portion of Westover Avenue, S. W., west of Grandin Road: "Roanoke, Virginia July 27, 1964 To the City Council Roanoke, Virginia Gentlemen: Members of the engineering staff, the City Manager end Mr. Robert Gsrlando representing Garland*s ~rugstore, made a study mJth reference to widening Uestover Arenue on the north side from Grandin Road. 430 feet to the mast. Mr. Garland has signified his willingness to pay rot the cost of the midening mbich is estimated'to be betmeen $3000 and $3500. I cannot assure this figure until a public bid is received for the work, I recoemecd that yon authorize the Manager to get bids and advise you of the cost. and if In your judgment and that of Garlnnd's the mark ahouldbe accomplished and the bid reasonable, Respectfully submitted. S/ Arthur S. Owens City Manager' Mr. YOun9 moved that the City Manager be authorized to advertise for bids on the project. The motion bas seconded by Mr. Pollard and adopted, Mr. Garland not voting. REPORTS: The City Manager submitted a #Fittefl report, transmittin9 report of the Department of Public Welfare for the months of January, February, March, April and May, 1964, and advisin9 that various departuental reports for the months of January, February, March. April and May, 1964, have been filed in his office. On motion of Mr. Jones. seconded by Mr. Pollard and unanimously adopted. the reports were filed. PARKS AND PLAYGROUNDS: The City Manager submitted a ~ritten report. recommending that Council consider employing experts to make a study of Mill Mountain and present a sound plan for the development thereof as a recreational center. On motion of Mr, Pollard, seconded by Mr. Young and unanimously adopted, the matter was referred back to the City Manager to negotiate for prices on the plan for the development of Mill Mountain. AIRPORT: The City Manager submitted the following report, ~ith reference to rent-a-car agencies at Roanoke Municipal (Woodrum) Airport: "Roanoke. Virginia July 27. 1964 To the City Council Roanoke. Virginia Gentlemen: Off July 23. 1964, representatives of t~ree rent-a-car services at the Woodrum Municipal Airport called on me and objected to a fourth company bain9 allo~ed to operate at the airport, ~hich they described as Budget Rent-A-Car Company. I explained to them and cited Title O, Chapter 5, Section 20 of the Roanoke City Code and I quote verbatim: 'Sec. 20. Automobiles for hire. 'Each person operating an automobile for hire service at the airport shall pay to the city, in addition to the other provisions of this chapter, ten per cent of the gross revenue derived from all such business 321 322 originating at.the airport. Payment shall be made to the nirport-maneger~prior to the tenth for the '' month preceding and contain n statement in mriting certified under oath. (0rd.'13282, They hare presented n letter to me~ copy of. mhich is attacked hereto, Jn mkich they list reasons that the City shomld fromm upon tbJs additional enterprise and they have asked In their last paragraph that they present to you t~eir arguments. , It mould seem to me la fairness to everybody that you mould mant to route this to your airport committee for their consideration and recommendation. Respectfully submitted, S/ Arthur S. O~ens City On motion of Mr, Pollard. seconded by Mr. Young and unanimously adopted. the matter sas referred to a committee composed of Messrs. Roy L. #ebber. Chairman, Roy R. Pollard. Sr., Arthur S. Omens. Robert W, Woody, J. W. Burress, E. R. Vaught. William H. Carder and T. E. Frantz, Jr., for study, report and recommendation Council. SPECIAL PERMITS-GASOLINE: The City Manager submitted a written report. recommending t~at the Humble Oil ~ Refinin9 Company be granted a permit to install one 4-inch and one 6-inch pipeline and one 6-inch electrical cooduit under Ninth Street. N. E,, in order to connect ~tth its terminal facilities at gO? Seventh Street, N. E. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered t~e following Resolution: (~15937) A RESOLUTION granting Humble Oil ~ Refining Company a permit to install One 4-inch and one 6-inch pipeline and one 6-inch electrical conduit under 9th Street, N, E.. in order to connect aith its terminal facilities at ?th Street. N. E. (For full text of Resolution, see Resolution Rook No. 27, page 275.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Ro~les and adopted by the following vote: AYES: Messrs. Bowles. Jones, Pollard, Young and Vice Mayor Garland ......S. NAYS: None ..............................................................0. (Mr. Mheeler and Mayor Stoller absent) PARKS AND PLAYGROUNDS: The City Raoager submitted a written report, recommending that Council authorize payment of $5,422.52 to Regional C0nstrnction Services, Incorporated, for services rendered in making alterations to Rockledge Inn for the Roanoke Summer Theater, Incorporated. Mr. Jones moved that Council concur in the recommendation of the City iManager and offered the folloaing Resolution: (=15938) A RESOLUTION directing the City Auditor to pay Regional Construc- tion Services, Inc., $5.422.52'ie full payment for services rendered in makin9 alterations to Rockledge Inn for the Roanoke Summer Theatre, Incorporated. (For full text of ResolotJon. see Resolution Book No. 27, page 275.) Mr. Jones moved the adoption of the Resolution. The motion nas seconded by Mr. Boulec and adopted by the folloeing vote: AYRS: M,sara, 8amies, Jones, Pollard, ¥ouog and Yioe Mayer Garland ..... NAYS: None ................................~ ............................ 0 (Mr. Mheeler and Mayor Stall,rahs,ali. PURCHASE OF PROPERTY-MATER DEPARTMENT: Council at its meeting on Novembe 21, 1960, having adopted OrdinaoceNo. 142d6, authorizing leasing of a portion Of the Crystal Spring tract located on the northeast corner of Jefferson Street and Y,lion #ountolo Road, S. E., to the Roanoke Council of Garden Clubs, for the purpose of erecting a hem Garden Center Building, the City Manager submitted a written report, advising that the Roanoke Council of Garden Clubs bas purchased property at 2713 Avenqam Avenue. S. M.o for a Garden Center. and, therefore, wishes to terminate its request for use of the land utilized by the Mater Depart- ment. Mr. Young moved that Council comply uith the request and offered the follouing emergency Ordinance repealJog Ordnance No, 14246: (#15939) AN ORDINANCE repealing Ordinance No. 14246 authorizing the leasing Of certain land to Roanoke Council Of,Garden Clubs; and providing for an emergency. (For Jul] text of Ordinance, see Ordinance Book No. 27. page 27b.) Mr. Young moved the adoption of the Ordinance. The morton was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles. Jones, Pollard. Young and Yice Mayor Garland .....S. NAYS: None ............................................................ 0 (Mr. Mheeler and Mayor Stoller absent) HOUSING-SLUM CLEARANCE-AUDITORIUM-COLISEUM: Council at its meeting on June 20, 1964, having directed the City Manager to negotiate with the City of Roanoke Redevelopment and Housing Authority as to proper terms and conditions for the purchase of t~e Commonwealth Site. the City Manager submitted the follow- ing report, with reference to the purchase of a tract of land in the Commonwealth Redevelopment Project area: "Roanoke, Virginia July 27, 1964 To the City Council Roanoke, Virginia Gentlemen: On July 2, 1964. I directed a letter to the City of Roanoke Redevelopment and Housing Authority carrying out your directive Project which would be used for the construction of a Coliseum- Auditorium. I am in receipt of o letter under date of July 20. 1964, from the Chairman of the Authority. Mr. William 5. Hubard, and I quote a portion Of that letter for record: 323 '324 eThe Commissioners have authorized methods of paymenl for the land us follows: "The payment, under the terms of z mutually agreeable sale~ agreet~n~ between the City and the Authority of $250.000 payable on or before August 1. 1964, math the balance of $250.000 payable on or before February 1, 1965o at WhiCh tile deed conveyance mill be made, or 'The full payment of $500,000 on or before August 1, 1964.' Respectfully submitted, S/ Arthur S. Omens City Manager* Mr. Young moved that the tract of lend be purchased and offered the followin9 Resolution: (315940) A RESOLUTION advisin9 the City of Roanoke Redevelopment and Housing Authority of this Council's acceptance of said Authority's option to convey unto the City the 22~-ocre site in the Commonwealth Redevelopment Project; authorizing the Mayor of the City and the City Manager to approve the terms of the legal instrument herein authorized and not directed by this Council; and authorizing the execution and delivery of the voucher payable on or before August (For full text of Resolution, see Resolution Book No. 27. page 276.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Bowles, Jones. Pollard, Young and Vice Mayor Garland ..... NAYS: None .............................................................O. (Mr. Wheeler and Mayor Stoller absent) Mr. Jones then offered the following emergency Ordinance appropriating $250,000.00 to Auditorium - Coliseum under Section 5170, *Capital,* of the 1964 budget, iff connection with the purchase of the site: (g15941) AN ORDINANCE to amend and reorduin Section ~170, "Capital,' of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 277.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Jones, Pollard, Young and Vice Mayo'r Garland ..... NAYS: None .............................................................O. (Mr. W~eeler and Mayor Stoller absent) AUDITORIUM-COLISEUM-STATE HIGHWAYS: Council at its meeting on July 6, 1964, having adopted Resolution No. 15909, requesting the Virginia Department of Highways to cause a vehicular and pedestrian underpass to be provided under Interstate Route 5B1 at n point near Walker Avenue, N. W., as a part of t~e aforesaid route, and having appointed a committee composed of Mayor Murray A. Stoller. Ghuirmsn, Messrs. Vincent S, Hheeler. Melter L. Young. Arthur S. Owens and H. Cletus Rroylen to confer with representatives of the Virginia Oepurtuent of Highways in Richuond with reference to construction of the underpass, Mr. Owens submitted the following report: "Roanoke. Virginia July 27,,1964 To t~e City Council Roanoke, Virginia Gentlemen: In furtherance of n meeting held i~ Richmond. at which time Mr. O. H. Fugute, Commissioner of the State Department Of Highways, presided. His Honor the Mayor and representatives of the City Council. with t~e City Manager. Director of Public Works. and the Traffic Engineering and Communications Superin- tendent discussed a pedestrian and vehicular underpass located Jn the vicinity Of Walker Avenue under Route 591. The State and the Federal Government agreed to construct the underpass as requested by the City Of Roanoke officials mlth the condition that J[ the construction of an auditorium- coliseum mas started within five years from September !, 1964, there will be no cost to the City Of Roanoke; however, should the auditorium-coliseum prnject not be initiated by September l, 1969. the City of Roanoke would agree to pay approximately $250.000 towards the project. I recommend that you adopt the Resolution. Respectfully submitted. S/ Arthur S. 0~ens City Manager* Mr. Young moved that Council concur Jn the recommendation of the City Manager and offered the following Resolution: (~15942) A RESOLUTIOH assuring the Virginia Department of Highways and the United States Bureau of Public Roads Of the City's willingness to refund said agencies approximately $250,O00 for constructing a pedestrian-vehicular underpass under Interstate Spur 591 in the vicinity of Walker Avenue, N. E.. should the City fail to start construction of an auditorlu, and/or coliseum on the Common- wealth Redevelopment Project site within five years from the 1st day of September. 1964. (For full text of Resolution. see Resolution Book No. 27. page 278.) Mr. Young moved the adoption of the Resolution. The motion wus seconded by Mr. Jones and adopted by the followin9 vote: AVES: Messrs. Bowles. Jones. Pollard, Young and Vice Mayor Garland .....5. HAYS: None .............................................................O. (Mr. Mheeler and Mayor Stoller absent) STATE HIGHMAYS: Council at its meeting on March 30, 1964, having adopted Resolution No. 15672, directing the City Manuger to request the Department of Highways of the Commonwealth of Virginia to promptly commence programming a project on Route 460 from the east corporate limit westwardly to connect with Interstate Spur 561 Interchange at Orange Avenue and 2nd Street, H. £., on a cost basis of BS per cent State and IS per cent City. the City Manager submitted the following report: 325 '326 July 27, 1964 To the City Council Roanoke, Virginia ' Gentlemen: On March 30.' 1964. you adopted Resolution No. 15672 requesting the State Department of Hlghmnys to program the midening and Improvement of Route 460 from the City Limits east to Interstate 581 and you Incorporated in the 1964 budget, capital outlay, the sum of $15.000 as the Ctty*s part of this project. I would appreciate your adopting a resolution signifying your mJllingnesu to use this $15,000 aS previously intended as the City*s part of the cost of construction of a drain in conjunction nith the improvements and widening of Route 460. Respectfully submitted, S! Arthur S. Omens City Manager" Mr. Jones moved that Council concur in the recommendation of the City Manager and offered ire folloming Resolution: (315943) A RESOLUTION declaring the Cityts intention of using $1S,O00 heretofore appropriated in its 1964 budget, Capital Outlay, as a contribution towards the cost of a drain to be constructed as a part of the project of widening and improving Route 460 east from the City limits to the intersection of said route with Interstate Spur 581. (For full text of Resolution, see Resolution Book No. 27, page 279.) Mr. Jones moved t~e adoption of the Resolution. The motion was seconded by Mr. Do, les and adopted by the folloming vote: AYES: Messrs. Bowles, Jones, Pollard. Young and Vice Mayor Garland ..... NAYS: None ...............................................~ ............. O. (Mr. Wheeler and Mayor Stoller absent) ZONING-SEWERS AND STORM DRAINS: Council having previously referred to the City Manager for study, report and recommendation the question of adequate drainage on Thurston Avenue. N. E., between Nilliamson Road and Courtland Road. the City Manager submitted the following report: "Roanoke. Virginia July 27. 1964 To the City Council Roanoke. Virginia Gentlemen: You referred to me from our meeting of July 6, 1964. a complaint that Mr. S. P. Nackley had made math reference to the rezoning of Lots 35 and 36° Block C, Williumson Groves. Official Tax No. 3060922 from General Residence District to Business District, with reference to increased drainage as it might affect Mr. NackleyOs property. I am in no position to anticipate the future and to assure uhether this would increase or decrease would be something that I cannot prognosticate. I am inclined to think that Mr. Nackley would be bettered rather than harmed by the procedure. In your latterpsragrnph, you directed that I study nnd report the drainage situation om Thurston Avenue. N. betueen #illiamson Road and Courtlnnd Rand. This is a uell- kooun area to my office and the staff ns there have been complaints for years concerning this lan area. We have not been negligent in our attempts to correct the situation but it Is impossible for any government to solve oil problems uith the rands available for the many public services required. I believe you have three alternates concerning this situation, mhlch are os follous: 1, For the present time, leave it Jn the status quo. 2. Fill the area and take a calculated risk of subsequent damage claims to the soutK. 3. Provide approximately $10,000 in funds then obtain easements to carry the mater to the south, thence to the east, meandering again to the south, possibly increasing the mater impoundment at a point near Pocahontas Avenue, N. E. I recommend number one. Respectfully submitted. S/ Arthur S. Omens City Manager* After a discussion of the question, Mr. Jones moved that the matter be referred back to the City Manager for investigation and report to Council regard to recommendations two and three of his report. The motion was seconded by Mr. Boules and unanimously adopted. SIGNS: Council having directed the City Manager to ascertain ~hether or not a sign erected at the nest end of the Thirteenth Street Bridge is located on city property, the City Manager submitted a uritten report, advising that the sign mas inadvertently placed on city property and ~ill be removed not later than July 24, 1964. In this connection, the Acting City Manager in~rmed the Council the Buildin9 Commissioner advises the sign has been removed. On motion of Mr. Young, seconded by Mr. Jones and unanimously adopted. the report was received and filed. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The Incinerator Committee having previously recommended the expenditure of $969.32 for 'new insulating covers for hoist run.ay conductors and $78.20 for repairs to a roof fan motor at the City Incinerator as a result of damages caused by fire, and Council having directed the City Attorney to ascertain whether or not the damage is covered by insurance, he submitted a written report, advising that the city has received check from its insurance carriers in the amount of $1,187.67 uhich fully pays the loss sustained by this fire. On motion of Mr. Jones, seconded by Mr. Bowles and unanimously adopted, the report was received and filed. In this connection, Mr, Young brought .to the attention of Council the matter of burning debris emanating from the smoke stack of the City Incinerator and moved that the question be referred to the City Manager for investigation 327 '328 · nd report to Council. The motion nas seconded by Mr. Jones sad un·simon·Iv adopted. REPORTS OF COMMITTE£S: AUDITS-SCHOOLS: The Audit Committee composed of Messrs. Roy R. Poll·rd, Sr., Chairman. Benton O. Dill·rd nod Murray A. ·toiler submitted a written report. transmitting · report of the City Auditor on an audit of the accounts and record· of the Roanoke City School Board for the year 1963 end Fisher, Special Fund" of the School Board for the period December 1. 1963. through May 18, 1964. On motion of Mr. Pollard, seconded by Mr. Boules and unanimously adopted, the reports mere filed. O£PARTR£NT OF PUBLIC RORKS: The committee appointed to study bids Feceived on one new refuse compaction trailer submitted the folloning report: ~Roanoke, Virginia July 27. 1964 To the City Council Roanoke. Virginia Trailer. which bids were opened and read before Council of the City of Roanohe at its meeting on June 22. 1964. by the ·anco Corporation in the amount of Vincent S, Wheeler, Chairman S/ Roy R. Pollard, Sr. Roy Rs Po)lord, S/ Arthur S. OMens Arthur S, Owens, City Manager S/ H. Cletus flroylea H. Cletus Broyles" On motion of Mr. Jones, seconded by Mr. Young and unanimously adopted, the question was carFied over until the next regular meeting of Council. DEPAR~ME?C~ OF PUBLIC WORKS: The committee appointed to study bids received on a truck cab and chassis complete Mith hoist submitted the follo~ing report: *Roanoke. Virginia July 27. 1964. To the City Council Roanoke. Virginia Gentlemen: We are submittin9 the bids on one new Truck Cab and Chassis complete with hoist, which bids were opened and read before the Council of the City of Roanoke at its meeting on July 20. 1964. Ue reconuend the acceptnnce of the leu bid uhicb is by the International Harvester Coupany Jn the amount of $12,0B9.64. Respectfully submitted. S/ Roy R. Pollard, Roy R. Pollard. Sr.. Chairman S/ H. Cletus Broyles H. Rictus Hroyles S/ M. E. Shonalter Milton E. Showalter" On notion of Mr. Jones, seconded by Mr. Young and unanimously adopted, the matter was carried over until the next reeular neetJn9 of Council. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONS1DERAT ION OF ORDINANCES AND HESOLUTIONS: BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in variou] muoicipal departments since they are of an emergency nature, he presented same; whereupon, Mr. Jones offered the following Resolution: (:15944) A RESOLUTION authorizing t~e City Manager to employ certain personnel, (For full text of Resolution, see Resolution Hook No, 27. page 279,) Mr. Jones moved the adoption of t~e Resolution. The motion was seconded by Mr. Bowles and adopted by the following vote: AYES: Messrs. Bowles, Jones, Pollard, Young and Vice Mayor Garland .....5. NAYS: None .............................................................O. (Mr. Wheeler and Mayor Stoller absent) INDUSTRIES: Council having directed the City Attorney to prepare the proper measure expressing the appreciation of the Council of the City of Roanoke to the Interstate Commerce Commission for approving the merger of the New York, Chicago and St. Louis Railroad Company (Nickel Plate Road) into the Norfolk and Western Railway Company, he presented same; whereupon. Mr. Jones offered the following Resolution: (:15945) A RESOLUTION expressing this Council's appreciation to the Interstate Commerce Commission for approving the mereer of tqe New York. Chicago and St. Louis Railroad Company (Nickel Plate Road) into the Norfolk and Western Railway Company. (For full text of Resolution. see Resolution Book No. 27, page 280.) Mr. Jones moved t~e adoption of the Resolution. T~e motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Bowles, Jones, Pollard, Young and Vice Mayor Garland .....5. NAYS: None .............................................................O. (Mr. Mheeler and Mayor Stoller absent) 329 330 MOTIONS AND MISCELLANEOUS BUSINESS: S~REETS AND ALLEYS: Mr. Young stated tknt Dr. nnd Mrs. Marry Semones bare contacted him regarding tke procedure to be folioned to extend Wlldnood Road, S. M., in a masterly direction from its present terminus to their property and moved that the matter be referred to the City Homager for investigation nnd re- port to Council. The motion mas seconded by Mr. Jones and unanimously adopted. QUALIFICATIONS: The City Clerk reported the qualification of Messrs. David E. Crouder and NillJam A. Gibbons, Jr,, ns members of the Hoard of Fire Appeals for terms of two years each beginning July 1, 1964, and Messrs, Mllllam S. Kitchen. Robert E. Mullah, Jr,, and Nalter D. Taylor as members of the Board of Fire Appeals for terms of four years each beginning July 1, 1964. On motion of Mr. Young, seconded by Mr. Jones and unanimously adopted. the report ~as filed, On motion of Mr. Jones, seconded by Mr, Young and unanimously adopted, the meeting mas adjoarned. APPROVED ATTEST: City Clerk Mayor COUNCIL, REGULAR MEETING, Monday, Aug*st 3,.1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, August 3, 1964. ut 7:30. p.m,, mith Mayor Stoller presiding. PRESENT: Councilmen Robert A. Garland, James g. Jones, Roy R. Pollard, Sr Vincent S. ~heeler and Mayor Murray A, St*lief ......... ~ ....................... 5. ABSENT: Councilmen Ralph £. Boules and ~alter L. Young ..............2. OFFICERS PRESENT; Mr~ Arthur S, Owens, City Manager, Mr. James N. KJacauoa, Assistant City Attorney, and Mr. J,Robert Thomas, City Auditor. IN¥OCATION: The meeting was opened with a prayer by the Reverend P. R, ~hlte, Pastor. Ninth Street Church of the Breth£en. MINUTES: Copy of the minutes of the regular meeting held on Monday. July 27, 1964, having been furnished each member of Council, on motion of Mr. Wheeler, seconded by Mr. Jones and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPOn PURLIC MATTERS: LIBRARIES: Pursuant to notice of advertisement for bids on furnishing a~d installing steel ~ookstacks for the new Milliamson ~oad ~ranch Library, said proposals to be received by the City Clerk until 5:00 p.m.. Monday, August 3, 1964, and to be opened at 7:30 p.m., before Council, Mayor Stoller asked if anyone had any qnestlons about the advertisement, and no representative 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: Estey Corporation $4~019.00 Virginia Metal Products Division. The Gray Manufacturing Company 4,B4T.O0 Easter Supply Company, Incorporated 5,592.00 Remington Rand 5,795.00 Mr. Wheeler 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 prope~ measure accepting the proposal of the lowest responsible bidder. The motion was seconded by Mr, Jones and unanimously adopted. 331 332 la this connection, the follomlng communication from the City Planning Commission,'recommending that the request be denied, mas before Council: ~Jnne IH, 1964 The Honorable Hurray A. Stoller, Hayor, and Hembers of City Council Roanoke. Virginia Gentlemen: The City Planning Commission considered the above reuoning request during its June 17, 1964 meeting. Hr. Harvey Latins informed the Commission tbot the owner of the property is considering the possibility of erecting a distributive Marebouse on the premises. Definite plans for this development have not been drama and the proposal is still speculative. In studying this reqnest, the Planning Commission noted that the obtained only from Sycamore Avenue on a lot width of 124 feet, while a total length of 823 feet is exposed to the interstate highuay. This area would be difficult to develop in the absence tinting made field inspection, the Planning Commission concluded difficulties for possible development and only marginal commercial accomplished on the basis of the studies presently being Conducted before Council in support of the request of his clients. After a discussion of the matter, Council being of the opinion that only adopted. u~on its first reading: (~15945) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section of The Code of the City of Roanoke, 1956, in relation to Zoning. WHEREAS, application has been made to the Council of the City Of Roanoke Avenue, described as part of Lots 1-10, inclusive, part of Lot 13, and all of Lots 14 and 15, Block K, Williamsan Groves Map, Official Tax Nos. 3070301-30T0310. inclusive, 3070313, 3070314 and 3070315, rezoned from General Residence District NHEREAS, the City Planning Commission bas recommended that the hereinabove described lend not be rezoned from General Residence District to Business District; ned 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 Norld-Nems,# a nemspaper published in the City of Roanoke, for the time required by said Section; and WHEREAS, the hearing as provided for in said notice mas held on the 3rd dsy of August, 1964, at 7:30 p.m** before the Council of the City of Ronno~ , at which hunting all parties in interest and citizens were given an opportunity to be heurd 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, RE IT ORDAINED by the Council pi the City of Roanoke that Title X¥, Chapter 4. Section i. of The Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the following particular and fin other, viz.: Property located on the east side of Lukens Street, N.E.. south of Sycamore Avenue, described as part of Lot 10. part of Lot 13, and all of Lots 14 and 1S. Block K, William~on Groves Map. designated off Sheet 307 of the Zoning Map a~ Official Tax Nos. 3070310, 3070313. 30T0314 and 3UT0315, be. and is hereby. changed from General Residence District to ~usines~ Diatrict and the Spain9 Map shall be changed in this respect. The motion was seconded by Mr. Pollard. and adopted by the folloaing vote: AYES: Messrs. Garland, Jones. Pollard, Wheeler and Mayor Stoller ...... 5. NAYS: None ............................................................ O. (Messrs. Bowles and Young absent) PETITIONS AND COMMUNICATIONS: TRAFFIC: Council having previously filed a petition of residents of Harris Street, Davis Avenue, Red Rock Road and Fleetwood Avenue, S. W., in Roanoke County, requesting that the vehicular barricade across Corbieshaw Road, S. W., at the must corporate limits of the city, be removed, a ResolutiOn adopted by the Board of Supervisors of Roanoke County, requesting the City of Roanoke to remove the barricade, was before the body. In this connection, a delegation of approximately 75 residents of Corbieshaw Road appeared before Council in opposition to removing the barricade. Mr. Jones moved that the Resolution be filed. The motion was seconded by Mr. Wheeler and unanimously adopted. BUDGET-SCHOOLS: A communication from Mr. A.F. Fisher. Business Manager and Clerk of the Roanoke City School Board. advising that the School Board at its meeting on July 24, 1964, requested that $2,000 be transferred from Personal Services to In-Service Training (Norhshops) under Section ~20OO, "Schools- Instruction.~ of the 1964 budget, to defray the cost of additional teachers who have participated in In-Service Workshops, was before Council. 333 834 Mr. Wheeler.moved that Council concur in the request and offered the foil,ming emergency Ordlonnce; (~15947) AN ORDINANC£ to amend and reordoin Section u2000o #Scbools- Iostructio~oU'of the 1964'Appropriation Ordinance. and providing f~ na emergency. (For full text of 0rdinnnce~ see Ordinance Boob No. 27, page 280.) 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. Wheeler end Mayor Stoller ......S. WAYS: Wofle ............................................................ O. (Messrs. Bowles and Young absent) STREETS AND ALLEYS-TRAFFIC: A communication from Mr. Mllliam M. Blessard,! requesting that Danforth Avenue and Carico Avenue, $. E., be pared; also, that something be done about speeding on Garden City Boulevard, Yellow Mountain Road and other streets in the area. was before Council. Mr. ~heeler moved that the request be referred to the City Manager for study and report to Council. The motion mas seconded by Mr. Pollard and unanimouslyi adopted. STREET LIGHTS: Council having previously adopted Resolution No. 15894, authorizing the installation of one 2500 lumen overhead incandescent street light at the intersection of Fourteenth Street and East Gate Avenue, N. E.: the removal of six 2500 lumen overhead incandescent street lights from the East Gate Sanitary Landfill; and the installation of said street lights, together with two additional 2500 lumen overhead incandescent street lights, in Golden Park, at locations to be approved by the City Manager, the City Manager submitted a w~ tten report, recom- mending that nine bO0 lumen .street lights be installed in Golden Park rather than eight 2500 lumen units. Mr. Wheeler moved that Council concur In the recommendation of the Cit~ Manager and offered the following Resolution repealing Resolution No. 15094: (~1594B) A RESOLUTION repealing Resolution No. 15894. IFor full text of Resolution, see Resolution Book No. 27, page Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Nheeler and Mayor Si.lief ....... 5. NAYS: None ............................................................O. (Messrs. Boales and Young absent) Mr. Wheeler then offered the following Resolution providing for au lncreas in the size and number of street lights to be installed in Golden ParR: (~15949)' A RESOLUTION authorizing the installation of one street light at the intersection of Fourteenth Street and East Gate Avenue, N. E.; the removal of six street lights from the East Gate Sanitary Landfill; and the installation nine street lights'in Golden Park at locations to be approved by the City Manager. (For full text of Resolution. see Resolution Book No. 27. page 281.) Hr. Mheeler moved the adoption of the Resin,ion. The motion was seconded by Mr. Garland and adopted by the rollouing vote: AYES: Messrs. Darlond, Jones, Pollard, Mbeeler and #ayor St*Ilar NAYS: None .............................................................O. (Messrs. Boules and Young absent) STREET LIGHTS: Council having previously adopted Resolution No. I$q21, authorizing the installation of five street lights in the Rest Mestwood Subdivision, the City Manager submitted a uti,ten report, advising that the contractor for the subdivision Inadvertently requested erroneous locations, and recommended that Resolution NO, 15921 be repealed and a new Resolution adopted authorizing the installation of five street lights at revised locations, as well as the relocation of an existing street light on Signal Dill Avenue, N. M., to the intersection of Signal Hill Avenue and Duke Street, 335 336 Miss Jones pointing out that the budget provides for.two additional Caseworkers and one Clerk-Typist., After n discussion of the matter. Mr. Garland offered the following Resolution approving the budget: (z15952) A RESOLUTION approving the budget of the Department of Public Welfare for the fiscal year beginning July 1, 1q64, and ending June 30. 1965. presen 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. 27. page 263.) ~r. Garland moved the adoption of the Resolution. The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller .......5. NAYS: None- ............................................................O. (Messrs. Bowles and Young absent) Mr. Garland then offered the following emergency Ordinance amending Sectio~ #52. 'Public Assistance,' of the 1964 budget; (~15953) AN ORDINANCE to amend and reordain Section ~52, #Public Assistance,# of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 203.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller .......~. NAYS: None .............................................................O. (Messrs. Bowles and Young absent) EASEMENTS-SPECIAL PERMITS: The City Manager submitted a written report. transmitting an offer of the Ford, Bacon and Davis Construction Corporation, Agent for the Plantation Pipeline Company, to pay to the City of Roanoke the total sun of $6,278.50 for the right and privilege to construct, maintain and/or remove an O 5/6- inch steel petroleum products pipeline or pipelines across certain city-owned properties, utilities, streets and roads in the Southeast section of the city, including Riverdale, Wount Pleasant and Garden City, a total distance of 6o261 feet the City Manager recommending that the offer be accepted. In this connection, Mr. Wayne A. Phares, representative of the Ford, Bacon amd Brain Construction Corporation, appeared before Council for a discussion of the matter. After a discussion of the matter, Wr. Wheeler moved that the question be referred back to the City Manager for further study with the City Attorney and to report to Co~ncil. The motion was seconded by Mr. Wheeler and unanimously adopted. BUDGET-PAy PLAN: The City Manager submitted the following report, recommending that certain vacancies in various municipal departments be filled since they are of an emergency nature: *Roaooke, Virginia August 3, 1964 To the City Council Roanoke, Virginia Gentlemen: The following employees are needed for the efficient operation of the City Government, all of mhich are included .in the budget and are normal replacements. They are as follows: RECREATION - Four - Maintenance Laborers, Group 10, Depart- ment Code 111. WELFARE - One - CaseMorker One - Orderly - City Home One - Superintendent - Detention Rome SANITATION DIVISION - Two Disposal Laborers - Group 10 BUILDINGS AND BRIDGES - One o Maintenance Mechanic - Building Group 3, Step 1 Respectfully submitted, SI Arthur S. Owens 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 adopted. STREETS AND ALLEYS-SIDEMALK, CURB AND GUTTER: Council having referred to the City Manager for study and report a petition signed by thirty-seven property oNners and residents of Forest Hill Avenue, N.M., betNeen Spring Bollow Avenue and Lyndhurst Street, requesting that the street be paved and blacktopped, the City Monager submitted a written report, advising that Forest Hill Avenue was not on the schedule for blacktopping this year; however, he has secured agreements from the owners of Lots 13-22, inclusive, Block 12, Bowman Lawn, to donate five feet of land from the front of their lots on the west side of Forest Rill Avenue in exchange for curb and gutter if the city will pave the street, the City Manager recommending that Council accept the offers and authorize the curb and gutter and that street improvements be made as originally requested, pointing out that the city expects to accomplish some work on this street with the maintenance repair crew, but be doubts if the entire job can be accomplished this year, still he will attempt to do so and if special maintenance is needed in the interim he will give it attention. Mr. ~heeler moved that Council concur in the recommendations of the City Manager and that the matter be referred to the City Attorney for preparation of adopted. GARBAGE REMOVAL-PARKS AND PLAYGROUNDS: The City Manager submitted the following report with regard to fly ash and debris from the smoke stack of the City Incinerator: 337 '338 'Roanoke, Virginia August 3, 1964 To the City Council Roan*he, Virginia Gentlemen~ ~ou referred to me from our meeting nf Monday, July 27, 1964, u complaint concerning fly ash and debris connoting from the smoke stnch of the City Incinerator. I am quite tamlllar mltb the Incident, history and problems acc*span7- lng thls~complaint.and during the past several meeks there hare been many conferences concerning appropriate action to complete the incinerator and hare it in good morhing condi- tions, The Chairman and other members of the incinerator committee have been apprised constantly of the action and in fact were present at the incinerator for one of the discussions. The problem is nnt one to he solved easily and to that S/ Arthur So Omens ' July 30, 1964 The Honorable the Council of the City of Roanoke Gentlemen: ~t a recent regular meeting of your body, you referred to the undersigned for report and recommendation a communication from Mr. W. L. Bowyer, t/a Central Motors, in which he requests that he be relieved of paymentof $265°25 representing the dif- ference in his retail merchant*s license tax based on estimated gross sales rather than actual gross sales. Mr. Bowyer began business June 14. 1960, estimating, in compliance with Section 18 of The License Zax Code of the City of Roanoke, 1956, anticipated sales for the balance Of 1960 to bo ~lO,O00; however, the gross sales of 1960 actually amounted to $11,305. The license tax was adjusted accordingly. In accordance with Section 19 of said License Ta~ Code, the business license was renewed for 19bl on an estimated basis of $11,30S and the actual sales of 1961 amounted to the license tax bain9 adjusted accordingly. At the beginning of 1962. the business license mas renewed on the basis of $84,055 sales in accordance with Section 10 of · suld License Tax Code, The sales'during 1962 rniled to equal the basis or the license by reason or discontinuance of business, The llceuse tax in question (1962) was not on an estimated basis but mas based upon the gross sales or the next preceding entire calendar year, ' ' It is the opinion cf your committee that the assessment in this particular case is in accordance with the License Tax Cede and should not be disturbed° Respectfully submitted, S/ Chas R. Lescure Commissioner of Revenue S/ Ran G. Whittle City Attorney' Mr, Wheeler moved that Council concur in the recommendation of the committee and that the request or Mr. Rowyer be denied. The motion was seconded by Mr, Pollard and unanimously adopted. REFUb~S AND REBATES-LICENSeS: The Commissioner of the Revenue and the Czty Attorney submitted the tallowing report with regard to the request of ir. Ellis C, Thomas that he be relieved or payment of the second installment on certain license taxes: *Roanoke, Virginia July 30, 1964 The Honorable the Council of the City of Roanoke Gentlemen: At a recent regular meeting of your body. you referred to the undersigned for report and recommendation a communication from Mr. Ellis C. Thomas requesting that he be relieved from the payment of the second installment on bis mercbaatts licefl se tar operation of Grandin Court Esso Station for the year 1964, in view of. the fact that his sublease on the property was can- celled as of March 30, 1964. Mr. Thomas began busieess in 1962, transferring the license from a previous operator on December 13, 1962, in accordance with Section 16 of The License Tux Code of the City of Roanoke, 1956. He reneued the business license for 1963 and 1964 in accordsnce with the requirements of said License Tax Code. The 1964 retail merc~ant*$ license ~as assessed for the entire year ie accordsnce with Section 20 of said License Tax Code, the taxpayer electing, however, to pay in two installments as provided for in Section 12 of said code. It appearing that the assessment of this license tax in strict complience with the License Tax Code and taking into con- sideration the stipulations contained in Section 20 as mentioned above, it is the opinion of your committee t~at t~e request of the taxpayer in this particular case should be denied. Respectfully submitted, S/ Chas R. Lescure Commissioner of Revenue S/ Ran G. Whittle City Attorney" 339 340 Hr. Pollard moved that Council cqncur in the recommeadution or the committee and that the requ~.st of Hr. ThumBs be denJ~d. The got ion mas seconded by Mr. W#e~ler and unanimously adopted, REFUNDS AND REBATES-LICENSES: The Commissioner of the Revenue and the City Attorney submitted the follouing report uith regard to the request of Regional Construction Services. Incorporated. that it be relieved of payment of an adjustment on Its 1963 contractors license tax: "Roanoke. Virginia July 30. 1964 The Honorable the Council of the City of Doancke Gentlemen= At a recent regular meeting of your body, yon referred to the undersigned for study, report and recommendation a communi- cation from Regional Construction Services, lac.. requesting that it be relieved of payment on an adjustment claimed to be due on its 1963 contractor's license tax. Regtonul Construction Services, Inc.. began operations August 22. 1962. and estimated anticipated 9ross receipts to be $5,000 for remainder of 1962 in accordance ~ith Section IH of The License Tax Code of the City of Roanoke. 1956. Actual taxable gross receipts, however, amounted to $12.524 durin9 1962. Adjustment of tax ~as made accordingly. At the b~ginning of ]963. said Corporation estimated anticipated gross receipts for 1963, in accordance with Section 19 of said License Tax Code: this estimate being $12,524. Homever. gross taxable receipts during 1963 amounted to $250,912 and the Commissioner of Revenue made the correction as required by said Section 19. Since the 'adjustment' in question ~as made in compliance with said Section 19 of the License Tax Code, it is the opinion of your committee that the request of the taxpayer, in this particular instance, should berejected. Respectfully submitted, S/ Chas R. Lescure Commissioner of Revenue S/ Ran G. Whittle City Attorney" In this connection. Mr. Creeden C. Bowers, President, Regional Construc- tion Services. Incorporated. appeared before Council and pointed out t~at since he paid an adjustment on the volume of murk done tn 1962 he does not see ~hy he should hare to pay an adjustment on the volume of ~ork done in 1963. After a discussion of the matter. Mr. Bowers being informed that under the present law he is required to make an adjustment on the volume of work done three subcommittees on P~rking and Traffic. Construction nad Design nnd Method of Flnnncing to study t~oronghly nl~ ospects of the ~i~l~ center pro, eot, mas before Council. Mr. Pollard moved that the report be received smd filed. The motion ess seconded by Mr. Jones nnd unnnimously adopted. U~INISREO BUSINESS: DEPARTMEN{ OF PUBLIC WORKS-PARKS AND PLAYGRO,UNDS-GARBA§E REMOVAL: Council nt its last regular meeting having deferred action on the recommendation of o committee that the bid of the Santo Corporation on a refuse troller ia the amount of $15,050.00 be accepted and the recommendation of another committee that the bid of the International Harvester Company on u truck cab and chassis complete with hoist in the amount of $12,0H9.64 be accepted, the matter was again before the body. In a discussion of the matter. MF. Jones pointed out that the Incinerator Committee has previously informed Council that $10.000 is already available in the budget for the purchase of additional refuse vehicular equipment, that $6,000 is available in the budget for the replacement of certain vehicular equipment which could be transferred to provide for the purchase of the additional equipment, and that the unexpended balance of $9,b85 from the funds previously appropriated for the replacement of five loadpackers could also be transferred to the additional vehicular equipment account, thereby necessitating a total appropriation of only $1,454.64 for the equipment. After a discussion of the matter, Mr. Wheeler moved t~at Council concur in the recommendation of the committee that the bid of the Sanco Corporation be accepted and offered the following Resolution: (=15954) A RESOLUTION accepting the proposal of Sanco Corporation for supplying one new refuse compaction trailer; authorizing the Purchasing Agent to tssoe the requisite purchase order; nnd rejecting all other bids. (For full text of Resolution, see Resolution Book No. 27, page 284.) Mr. Wheeler moved the adoption of t~e Resolution. The motion was seconded by Mr. Pollard and adopted by t~e following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller ...... NAYS: None ............................................................0. (Messrs. Bowles and Young absent) Mr. Pollard then offered the following Resolution accepting the bid of the International Harvester Company: (~15955) A R£5OLUTION accepting the proposal of International Harvester Company for supplyin9 one new truck cab and chassis complete uit~ ~oist; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Oook No. 27, page 285.) 341 342 Hr. Pollard moved the adoption of t~e Resolution, The motion nas seconded by Hr. Wheeler and adopted by t~e folloulng vote: AYES: Ressrs. Garland. Jones. Pollard. Wheeler and Mayor stoller ......5. NAYS: None ............................................................O. (Messrs. Bowles and Young absent) Hr. W~eeler t~en offered t~e follouing emergency Ordinance transferring $15.685 from Vehicular Equipment - Replacement to Vehicular Equipment - Additional and appropriating $1.454.64 to Ve~icular Equipment - Additional under Section =97, "Refuse Collection and Disposal,' of the 1964 budget: (=l~q$6) AN ORDINANCE to amend and reordaJn Section =97, "Refuse Collection and Disposal," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 285.) Mr. Wheeler moved the adoption of the Ordinance. The motion sas seconded Dy Mr. Pollard and adopted by the follouing vote: AYES: Messrs, Garland, Jones, Pollard, Wheeler and Mayor Stoller ......5. NAYS: None ............................................................O. (Messrs. Bomles and Young absent) CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISECELLANEOUS BUSINESS: ZONING: Council at its meeting on October 29. 1962. having appropriated funds for the employment of a Zoning Consultant to complete a proposed neu Zoning Ordinance for the City of Roanoke, and having appointed a Citizens' Advisory Committee at its meeting on October 21. 1963. to assist in the drafting of the Zoning Ordinance. Mr. Jones eared that the City Plnnning Commission be requested to submit the proposed nas Zoning Ordinance to Council on or before Octnber 15. 1964, for its consideration. The motion ~as seconded by Mr. Wheeler and unanimously adopted. On motion of Mr, W~eeler, seconded by Mr. Pollard and unanimously adopted, the meeting ~as adjourned, A P PR aY ED COUNCIL, REGULAR MEETING, Honday, August 10, 1964, The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Hunicipal Building, Honday, August 10, 1964, at 2 p.m** the regular meeting hour, mith Mayor Stoller presiding. PRESENT: Councilmen Robert A. Garland, James E. Jones. Roy R. Pollard, St** Vincent S. Rheeler, Malter L. Young and Mayor RUFFay A. Stoller ............. 6. ABSEHT: Councilman Ralph K. Bowles ....................................I. OFFICERS PRESENT: Mr. Arthur 5. Owens, City Manager, Mr. Randolph G. Rhittle, City Attorneyt and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend N. G. Taylor, Pastor, High Street Baptist Church. MINHTES: Copy of the =inures of the regular ne*ting held off Monday, August 3, 1964, having been furnished each member of Council. on motlon of Mr. Nh*el*r, seconded by MFo Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZEN5 UPON PUBLIC MATTERS: STREETS AND ALLEYS: Council havin9 previously set a public hearin9 for 2 p.m., August lO, 1964, on the request of the Hospital Service Association of Roanoke that a 15-foot alley lying between Lots 3 and 8, Block 11, Official Survey 5. W. 3, Official Tax Nos. 1023103 and 1023104, be vacated, discontinued and closed for a distance of 150 feet east from Third Street, S. [.. the matter was before the body, In this connection, the following communication from the City Planning Commission, recommending that the alley be closed, provided the petitioner conveys a strip of land from Lot 8 to the city for alley purposes, was before Council. "July 2, 1964 The Honorable Murray A. Stoller. Mayor, and Members of City Council Roanoke, Virginia Gentlemen: At its regular meeting of July 1, 1964 the City Planning Com- mission considered the above alley closing request, After thorough study of all factors involved, the Planning Commission concluded that it would be feasible to close said alley p~ovtded that the owners are willing to dedicate a narrom strip of land to be added to an alley running betmeen Walnut Avenue and Albemarl~ Avenue. This improvement is needed tn permit the maneuvering of City vehicles particularly garbage trucks, through the present alley. According to the recom- mendations of the Engineering Department, the triangular piece Of land which is to be added to the alley should be severed from Lot No. 8 (Official Tax No. 1023104) starting at a point, lSO feet from Third Street on its northern boundary line. thence in a month*fly direction to a point where the southern,boundary line of Lot 9 intersects with the alley. The City Planning Coimission recommends that the above described alley be closed, the City retaining necessary easements for public utilities. Sincerely yours, S/ Merner K. Sensbach Henry B. Boynton Chairman" 343 344 The viewers previously eppoluted by Council also submitted u written report, advising that they have viewed the said alley, nnd the neighboring property, and are unanimously of the opinion no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing same° provided the applicant dedicates to the city a triangular strip of land at the easterly end of Lot 8 as requested by the City Planning Commission, Hr, John Lo Hulk*r, Jr**~Attorney, appeared before Council in support of the request of his client, Hr. Walker pointing out that the office of the City Attorney has declined to approve the Ordinance vacating the alley until the deed conveying the triangular strip of land to the city for alley purposes has been submitted, but that he intends to present the deed before the Ordinance Is adopted on its second reading, Hr, Walker also advised that the office of the City Attorney is asking thai the petitioner lmprore the triangular strip of land to conform to the existing alley. Mr. Walker pointing Out that this stipulation was not included in the. reco~endation of the City Planning Commission. that the petitioner is willing to grade the. triangular strip Of land. but that there is some question as to Improving the strip of land to conform to the existing alley since part of it is brick amd part Of it is cement. After a discussion of the matter. Mr. Young suggesting that the pet.ltioner could improve the trtnagular strip of land with the same material it plans to use in pavinq an adjacent parking lot. Mr. ~heeler moved that Council concur in ir*commendation of the City Planning Commission and that the followlnq Ordinance be 15957) A 0 NANCE permanently vacating, discontinuing and closing iiall that certain 15-foot alley lying between Lots 3 and O, Block 11, Section S, Ho 3, i[Official Survey, for a distance of 150 feet east from Third Street, So W. WHEREAS. Hospital Service Association of Roanoke has heretofore filed its petition before the Council of the City of. Haan*k,. Virginia. in accordance with law. requesting the Council to permanently vacate, discontinue and close all that certain 1S-foot alley lying between Lots 3 and 8, Block Il, Section $. W. 3, Official Survey, for a distance of 150 feet east from Third Street, $° W°, of the filing of which petition due notice was given to the public as required by law; and NHEREAS. in accordance with the prayers of said petition, viewers were appointed by the Council on the 8th day of June. 1964. to view the property and to report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said alley; and WHEREAS. it appears from the mrS*ten report Of the viewers filed with the City Clerk on August 7. 1964. that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closinq said alley; and RHEREAS, Council at its meeting on June O, 1964, referred the petition to the City Planning Commission, which Com!tssion bY its report filed with Council on July 13, 1964, recommended that the petition to vacate, discontinue and close the above described alley be approved, provided the petitioner, Hospital Service Association of Roanohe, dedicate a narrow strip of land at the easterly end of Lot 8 to be added to on alley running between ~alnnt Avenue and Albemarle Avenue, said triangular piece of lend to be added to the alley be,lng des,cribed as starting at a point 150 feet from Third Street on the northeru boundary line of Lot 8; thence in a southerly direction to a point where the southern boundary line of Lot 8 inter- sects with the alley running in a general north-south direction; thence with the westerly side of said alley 50 feet in a northerly direction to the northwest corner of Lot fl; thence with the north line of Lot 8 in a westerly direction to the place of beginning; and hHEREA5, a public hearing was held on August !0, 1964, after due and timely notice thereof published Jn The Roanoke ~orld-News. at which bearing the petitioner, by its attorney, agreed to dedicate a triangular portion of Lot O to the City to he added to the alley presently Funning In a general north-south direction; and WHEREAS° from all of the foregoing, the Council considers that ne inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing the alley, as applied for by the petitioner, and that, accordingly, said alley should be permanently closed. THEREFORE, BE IT ORQAXNED by the Council of the City of Roanoke that the IS-foot alley lying between Lots 3 and 8, Block 11, Section $. W. 3, Official Survey, be vacated, discontinued and closed for a distance Of 150 feet east from Third Street, S. W., and that all right, title and interest of the City Of Roanoke and of the public in and to the same be, and they hereby are, released insofar as the Council of the City of Roanoke is empowered so to do, tbs City Of Roanoke reserving unto itself, however, a perpetual easement for sewer lines, drains, water mains, and other public utilities which may nowbe located in and over the aforesaid alley. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby ist directed to mark ~permanently vacated" on said alley on all maps and plats on file in his office on which said alley is shown, referrin9 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 Clerh of the Council deliver to the Clerh of the'Hustings Court for the City of Roanoke, Virginia, 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 which'are shown said alley, as provided by law, and that, if so requested by any party in interest, he may record tbs same in the deed book in his office indexing the same in the name of the City of Roanoke as grantor and in the name of any party in interest who may request it as grantee. 345 346 The wotion was seconded by Hr, Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wbeeler, Young nnd Mayor Stoller ............................... NAYS: None ..................O.. (Hr. Howles absent) ZONING: COunCil having previously set a public hearing for 2 p,u,, August 10, 1964, on the request of Mr. R. Ho Quick that property located on the westerly side of Ninthrop Avenue, S. ¥., between Twenty-third Street and Twenty-sixth Street described as Lots 13-18, inclusive, Block 5, Win,nm Addition, Official Tax NOS, 1~?0113-1270116, inclusive, be fez,ned fFOn General Residence District to Special Residence District, the matter was before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be granted, was before Council; "July 2, 1964 The Honorable Murray A, St,Il,r, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: The City Planning Commission considered the above rezoning request in its July 1, 1964 meeting. It was learned that R. Quick is the owner of options to purchase six lots on which he is planning to erect 36 apartments. The structures would have two stories and contain one and two bedroom units, Having duly made field inspection and after studying existing land use patterns, the City Planning Commission concluded that the proposed apartment development would not be detrimental to the single-family residences located in the vicinity; that the proximity of the shopping center has rendered this location desirable for higher density residential development; and that the proposed project contributes to the economic stability of this 9eneral area. The City Planning Commission recommends tO City Council that the S/ Warner K. Sensbach Henry B. Boynton Chairman" Mr. ~. Glenwood Strickler, Attorney, representing the petitioner, appeared before Council in support of the request of his client. that the foil,win9 Ordinance be placed upon its first reading: (#15958) 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. WHEREAS, application bas been made to the Council of the City of Roanoke to have that property located on the westerly side of Winthrop Avenue, S. between Twenty-third Street and Twenty-sixth Street, described as Lots inclusive, Block 5, Minona Addition, Official Tax Nos. 1270113-1270118. inclusive. rezoned from General Residence District to Special Residence District; and 347 NHEREAS, the City Planning Commission has recommeuded that the hereJnafte] described land be rezoned from General Residence Oistrict to Special Residence District; and RBER£AS, notice required by Title IVo Chapter 4, Section 43, of The Code of the City of Roauokeo 1956, relating to Zoning, has been published in 'The Roenck~ World~News," a newspaper published in the City of Roanoke, for the time required by said section; and WMEMEA$, the hearing as provided rot in sold notice was held on the loth day of August, 1964, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties Ia fat*rest end citizens ~ere given an opportunity to be heard both for and against the proposed rezonin9; and ~HER£AS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned, TIIEREVOR£, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1, of The Code cf the City of Roanoke. 1956, relating to Zoning, be amended and reenacted In the following particular and no other, Viz,: Property located on the westerly side of ~inthrop Avenue, $. W** between Twenty-third Street and Twenty~sixth Street, described as Lots 13-18. inclusive, Block 5, Hinona Addition, designated on Sheet 127 of the Zoning Map as Official Tax Nos, 1270113-1270118, inclusive, be, and ~ls hereby, changed from General Residence District to Special Residence Oistrict and the Zoning Map shall be changec in this respect. The motion was seconded by Mr. Pollard and adopted b~ the following vote: AYES: MeSSFSo Garland, Jones, Pollard, ~heeler, Young and Mayor Stellar ................................ ~. NAYS: Mona ..................O. (Hr. Bowles absent) ZONING: Council haying previously set a public hearing for 2 p.m., August IO, 1964. un the request of Parkway Center, Incorporated, that property located on the north side of Cleveland Avenue, S. W., west of ~hirteenth Street. described as part of Lots 3, 4 and 5, Block 21. and parts of Lots 9 and 10, Block 22, Heat End and River View Land Company. bein9 a portion of Official Tax ~os. 1220420 and 1220421 and all of Official Tax No. 1220422, be rezoned from General Residence District to Business District, the matter was before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be granted, was before Council: "July 2, 1964 The Honorable Murray A. Stoller, Mayor, and Members Of City Council Roanoke, Virginia Gentlemen: In its Jaly 1, 1964 meeting the City Planning Commission considered the above rezonlng request. 348 Daring wade field inspection nnd thorough study of existing land use, the City Planning COmwisslon fonnd: (1) That the property under consideration is located adjacent to light industrial and business districts; (2) That owners of the residential properties facing Campbell Arenue hare'voiced no objection to the proposed re-use[ (3} That this property,in its present state of neglect and disrepair constitutes a hazard to health and safety. Therefore, the Planning Commission concluded that the pro- posed fez*ming for business use would be compatible with existing surrounding land uses and would not be detrimental to other nearby residential structures. The Planning Commission recommends to City Council that the above property be fez*ned from General Desidence to Business District. Sincerely yours, S! Warner ~o Sensbach for Henry B. Boynton Chairmanu Mr. H. Parnell Eggleston, Attorney, representing the petitioner, appeared before Council in snpport of the request of his client. No one appearin9 in opposition to the request for rezoning, Dr. Wheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (m15959) 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 a tract of land lying in the City of Roanoke, Virginia, fronting 140 feet. more or less, on the northerly side of Cleveland Avenue, extending from a point 205 feet, more or less, from the point of intersection of Cleveland Avenue with 13th Street. S. N., to the property of Lowe-Washburm Distributors, Inc.; bounded on the west by the property of Lowe-Washburn Distributors. Inc.; on the north by an alley; and on the east by that portion of the property of Schneider Oil Co.. Inc.. and the heirs of Gertrude Il. Williams. which is already zuned for business; Being part of Lots 9 and 10, Block 22, and part of Lots 3, 4 and 5. Block 21, ~est End and River ¥ie~ Land Company Dap; and Being designated off Sheet 122 of the Zoning Map as all of Official Tax No. 1220422. and that portion of Official Tax Nos. 1220420 ami 1220421 not presently zoned for business use. rezoned from Ceneral Residence District to Business District; and NflEREAS, the City Planning Commission has recommended that the hereinafter described land be fez,ned from General Residence District to Business District[ and ~HEREAS, notice required by Title IV, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in *The Roanoke ~orld-News," a newspaper published in the City of Roanoke, for the time required by said section; and DDEREAS. the hearing as provided for in said notice was held on the loth day of August, 1964, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens sere given an opportunity to be heard both for and against the proposed res*sing; and MREREA5,. 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 Is' of The Code of. the City of Roanoke, 1956t relating to Zoning, be amended and reenacted in the following particular and no others ciao: Property lying in the City of Roanoke, fronting 140 feet. more or less, on the northerly side of Cleveland Avenues extending from a point 205 feet.more or less, from the point Of intersection of Cleveland Avenue uith 13th Street, S. N. to the property of Lowe-Nashburn Distributors. Inc.; bounded on the west by the property of Lowe-Washborn Distributors. Inc.; on the north by an alley; and on the east by that portion of the property of Schneider Oil Goo, Inc., and the heirs of Gertrude B. Rllliams. which Is already zoned for businessl Being part of LOts 9 and 10o Block 22. and part of Lots 3. 4 and S, Block 21. Nest End and River View Land Company MapI and Being designated on Sheet 122 of the Zoning Nap as all of Official Tax No. 1220422, and that portion of Official Tax Nos. 1220420 end 1220421 not presently zoned for business use, be and is hereby changed from General Residence District to Business District and the Zoning Nap shall be changed in this respect. The motion was seconded by Mr. Jones and adopted by the followin9 vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor StolleF ................................ 6. NAYS: None ..................Oo (Mr. Bowles absent) RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: A delegation of Negro citizens appeared before Conncil. with the Reverend R. R. Wilkinson, President of the Roanoke Chapter of the National Association for the Advancement of Colored People, acting as spokesman, Mr. ~ilkinson pointing out that a Negro boy was drowned in Roanoke River recently and that since daily a large number of youth, both white and colored, go to Roanoke River to swim in water that is filthy, obscene depth unmeasured and without supervision or a life guard drownings could happen frequently, Mr. ~ilhinson requesting that a swimming pool for the entire public be constructed by the city, preferably as a part of the proposed recreation center in Eureka Park, and that more recreation facilities be made available in public parks. la a discussion of the matter, Mr. Jones, Chairman of a committee appointe to study the plans for and the location of a civic center in the northwest section Of the City of Roanoke submitted a verbal report that the committee favors the construction of a recreation center in Eureka Park similar to two community centers inspected by the committee in Greensboro, North Carolina, and recommended that an architect be employed for preparation of the plans. Mr. Wheeler moved that Council concur in the recommendation of the committee with the understanding that the City Attorney will prepare the proper measure authorizing the employment of the architect when he has been selected by the committee. The motion was seconded by Mr, Jones and unanimously adopted. 349 350 ,In a further discussion of the matter, Mr, Milkinson voiced the opinion that n public swimming pool is needed as much as, If not more than, the recreation center, Mr, Garland voiced the opinion that if e public swimming pool would save one life it mould be n good investment for the city and avoid possible future trouble, ~ Mr. Jones pointed out that funds were donated tomard the construction of a public swimming pool in Fallon Park years ago, but the pool has never been constructed, end that If one public swimming pool is built eventually the city will have to construct then in every section, After a discusssion of the matter, members of Council voicing the opinion that the city does not have sufficient fonds to build both the recreation center and a swimming pool, Mr. Garland moved that the matter of adding a swimming pool to the recreation center project be referred tn the Northwest Civic Center Committee for determination of the additional cost. ~he motion was seconded by Mayor Stoller with the comment that such action Is solely for the purpose ok obtaining a cost estimate for the swimming pool and lost by the following vote: AYES: Mr. Garland and Mayor Stoller ....................................2. NAYS: MesSrSo Jones, Pollard, Mheeler and Young ........................4. (Mr. Bowles absent) Mr. Jones then moved that the City Manager be directed to determine ~hether or not it Js feasible to repair the swimming pool and bath house tn Washington Pork, and, if so, the estimated cost thereof, with n view of referring the matter to the 1965 Budget Study. The motion was seconded by Mr. Young and adopted, ~r. Pollard voting flu on the Ufo=ads that he does not think it would be feasible to repair the swimming pool in Washington Park. PETIYIONS AND COMMUNICATIONS: AUDITS-CITy TREASURER: A communication from Mr. J. Gordon Bennett, Auditor of Public Accounts for the Commonwealth of Virginia, transmitting a report on an audit of the accounts and records of Mr. J. H. Johnson, Treasurer of the City of Roanoke, as related to revenues collected for the Commonwealth for the fiscal year ended Jane 30, 19~3, advisin9 that the examination disclosed that proper accounting had been made for all funds of record received durin9 the year, was be[ore Conncll. On motion of Mr. Jones, seconded by Mr. Wheeler and unanimously adopted, the communication and report were filed, SIGNS: A communication from Mr. Mack Abaton, t/a Mack Aberon Advertising, requesting permission to continue the encroachment of a sign On city property at 2515 Franklin Road, S. W., until such time as Franklin Road ts widened; was before Council. On motion of Mr. Young, seconded by Yro Pollard and unanimously adopted, the request Has referred to the City Manager for study, report and recommendation to Council. '1 REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending t~nt street lights be installed at various locations in the city. Mtn Pollard moved that Council concur in the recommendation Of the City Homager and offered the following Resolution: (ZlSgGO) A RESOLUTION authorizing the installation Of street lights st various locations in the City of Roanoke. (For full text of Resolution. see Resolution Book Non 27, page 207,) Mr. Pollard aoved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following rote: AYES: Messrs. Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ................................ 6, NAYS: None ..................O. (Mr. Bowles absent) RESIGNATIONS-RATER DEPARTMENT: The City Manager submitted a written report, advising that Mr, R, E, Pillow has tendered his resignation as Manager of the Water Department, effective September la, 1964, to accept a position with a private water company in Baton Rouge, Louisiana, Mr. Garland expressed regret at the resignation and moved that the report be filed. The motion was seconded by Mr. Mheeler and unanimously adopted, BUDGET-LIBRARIES: The City Manager submitted a written report, advising that Mr. Milliam L. Whitesides, Library Director, has been offered the opportunity to serve on the professional staff of the information center operated by the American Library Association in the United States Pavilion at the New York ~orld*s Pair for the period September g - October 18, 1964, and recommended that Mr. Mhitesidea be permitted to accept this offer and that he be paid his regular salary during this period of time, plus $10 per day toward food and miscellaneous travel expenses, Mr, Garland moved that Council concur in the recommendation of the catI Manager and that the matter be referred to the City Attorney for preparation of the proper measure, The motion was seconded by Mayor Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard and Mayor Stoller ...............4. NAYS: Messrs. Rheeler and Young .......................................2. (Mr, Bowles absent) SENERS AND STORM DRAINS: The City Ranager submitted a written report, recommending that a sewer project be initiated to serve a portion of the Jackson Park and Lilyview Subdivisions south of Orange Avenue and east of Tinke~ Creek in the northeast section of the city at a total estimated cost of ~30,000. one- half of which cost would be borne by the city. Hr. Mheeler 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 adopted. 351 352 FIRE DEPARTMENT-POLICE DEPARTMENT: The City Manager submitted a written report, advising that Mr. Paul O. Thompson was employed in the Fire Department during the month of July, 1964, and that there were no changes in the personnel of the Police Department for this period. Ou motion of MFo MheeleF, seconded by Mr. Pollard and unanimously adopted, tlc report was filed. STATE HIOHMAVS: Council having adopted Resolution No. 15887, directing th City Ranager to request the State Department of Highways to determine the size of the drain required to properly drain not only the Elm Arenoe flrfdge Project (V. S. Route 24) and the south end of Interstate 581. but, also, the natural draioage area of the city in that vicinity, and to advertise for bids for the construction (1) of a drain of ample size to serve the two highway projects and (2) of a drain of ample size to properly drain the two highway projects and. also, the natural drainage area of the city In that vicinity, the purpose being that if the cost of the combined project is not prohibitive, such project will be accepted and the city will pay the amount of the entire project less the amount of the best bid for the single project, and assuring the Department of lJighways that if the city is unable to participate in the best bid for the combined project, it will pay the state the cost of preparing the plans and specifications for such combined project, the City Manager submitted a written report, together with the following communication from the Highway Department: *July 23, 1954 Mr. Arthur S. Owens City Manager Roanoke, Virginia Dear Mr. Owens: This is in reference to our telephone conversation on Wednesday. July 22, concerning the language in City Council Resolution No. 15687. Rhen the Department requests bids on a construction project. it is Highway Commission policy to award the contract to the lowest bidder, if his bid is within the Department*s cost estimate. The successful bidder may submit higher prices on subject project on the basis of language used in the first and If your Council wants us to proceed on this basis, please let us hare a resolution es early as possible in.order that plan preparation may not be further delayed. Sincerely, S/ J. E. Johnson J. E. Johnson State Urban Engineeru Hr. Nheeler maned that Council concur in the request of the Deportment of Highways and offered the following Resolution: (alS961) A RESOLUTION directing the City Manager to request the State Department of Highways to prepare and include in its advertisement for bids for the construction of the Elm Arenue Bridge and south end of Interstate Spur 581 project a design to surface drain that section of the City; conditionally agreeing to pay the cost of preparing such additional drainage design; and repealing Resolution ko. (For full text of Resolution, see Resolution Book No. 27, page 287°) Mr. ~heeler moved the adoption of the Resolution. The motion was seconde by Mr. Garland and adopted by the following vote: AYES: Res,rs. Garland, Jones, Pollard, Mheeler, Young and Mayor Stoller ................................ NAYS: None ..................O. (Mr° Bowles absent) SE~ERS AND S~ORM DRAINS: Council haven9 previously referred to the City The Council of the 353 adjoining the property of All Star Lanes, north of Melrose Avenueo N, W** were heretofore conveyed to the City and to advise the ~ouncJl whether or not · request of the donor for a reconveyance of said land, now pending before Council. should be handled os a normal street closing procedure. The records indicate that by 0rdin·nces No. 13756 and No. 1409S the Council heretofore authorized the acceptance of cart·in deeds'of conveyance'made hy All Star Lanes to the City under dates of April 23, 1959, and October 22, 19S90 respectively, of two adjoining strips of had, 50 feet in width and aggrega- ting approximately 400 feet in length, situate approximately parallel to and S90 feet northerly of Helrose Avenue, N. alBost wholly within certain property then omned by the donor. Each conveyance was made upon a nominal consideration of One Dollar and vested In the City the fee simple title to the land involved, mith the limitation that the land be used for street · nd municipal purposes. At the tine of the conveyances, as at present, no part of either strip of land adjoins or touches any other existing street or public way and this office is advised that no steps have been taken hy the City to establish on said land · public street or to use the same for any public purpose; nor does the City at present have any means of ·cc*ss to either strip, they bain9 completely surrounded on four sides by privately owned property. Needless to say the City has the means to obtain access to the land. should it so desire, by exercise of its power of eminent domain should efforts to acquire access by purchase be unavailing. Since the land in question appears never to have been established in any nay as a public street and since the general public has never acquired a right to use the land for street OF public purposes, I do not believe that the usual street closin9 procedure should be employed by the Council should it now desire to dispose of the property by abandoning any intent to use it for street or public purposes and to reconvey the land to its former ouner, As stated above, the base fee title in the land is vested in the City and would, ia ny opinion, rennin in the City should street closing procedure be employed under such circumstances. Instead and should it be decided by the Council that the land in question is not to be used by the City for street or other municipal purposes, and that the City desires to divest itself of title to the land, I am of opinion that such should be accomplished by a formal deed of conveyance, OF reconveyed, upon such terms as are authorized by the Council and after having submitted the proposal to the City PlannJn9 Commission for its recommendation in the premises, as would seen to be required by t~ provisions of the second paragraph of section 16. Ghapter 1, Title 1¥I of the City Code and similar provisions of the Code of Virginia, the pertinent provisions of the local ordinance being attached to this letter for ready reference. After submittal of the proposal to the City Planning Commission and after receiving its recommendations in the premises, the Council might then effectively authorize such disposition of the property in question by conveyance in the manner prescribed by the Council. Respectfully submitted S/ J. N. Kincanon Assistant City Attorneys On motion of Mr. Young, seconded by Mr. Wheeler and unanimously adopted, the request Of All Star Lanes and The Roanoke Country Club, Incorporated, was referrl to the City Planning Commission for study, report and recommendation to Council, ZONING; Council having referred to the City Planning Commission for study, report and recommendation a request of Mr, Ralph A, Glasgow that property located on the southeast corner Of Chapman Avenue and Thirteenth Street, S, N,, described as the northern part of Lots 7 and $, Block 31, F. Rorer Map, Official Tax No,' 1220301, be rezoned from Special Residence District to Business District, the City Planning Commission submitted a written report, advising that since the staff of the City Planning Department is presently preparing a neighborhood study for thc West End area the Commission decided to delay n recommendation on the rezoning request until the completion of the study end it is anticipated that pertinent Information from this study will become available during the month of September at which time the Commission will again take up this matter. On motion of Hr, RheeleF, seconded by #F, Young and unanimously adopted, the report was filed, ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of HFS. 0la 6Jsh DUFF, et al., that property located on the south side of Nershberger Road, N. 4** ~est of Grandvlew Avenue. described as Acreage, Barrens Map, Official Tax No. 2270200, be Fezoned from General Residence District to Special Residence District, the City Planning Commission submitted a written report, recommending that the request be granted, except for two portions of the land 120 feet deep to the southern and eastern boundaries. Mr. Garland moved that a public hearing on the matter be held at 7:30 p.m., September 8, 1964. The motion was seconded by Mr. Pollard and unanimously adopted. In this connection, Mr. Jones moved that the City Manager be directed to submit a report to Council at the public hearin9 as to what effect, if any, the construction of an apartment project on the land in question w~uld have on existing water, sewage and drainage facilities in the area and whether or not the Federal Aviation Agency ~ould have any objection to the proposed rezoning from the stand- point of interfering with the operation of the instrument landing, system presently under construction at Roanoke Municipal (Moodrum) Airport. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Council having previously referred to the City Planning Con- mission for study, report and recommendation a reqneat of Mrs. Susie G. Dorton that the easterly portion of a 35.325-acre tract Of land adjoining gelrose Avenue, Twenty-fourth Btreet and Salem Turnpike. N. M., Official Tax No. 2420203, be rezone( from General Residence District to Business District, the City Planning Commission submitted a written report, recommending that the'request be 9ranted. Mr. Wheeler moved that a public hearing on the matter be held at 7:30 p.m., September 8, 1964. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: INSURANCE: Council having referred the request of The Allstate Insurance Company that the CitI of Roanoke call for bids on its auto liability fleet policy which expires September 12, 1964, to a committee for study, report and recommendatio Ressrs. Roy Ro Pollard, Sr., Benton O. Dillard and Bueford B. Thompson submitted a majority report, recommending that the city continue to handle its insurance as it has in the past, because they believe this.is in the best interest of the city. 355 '356 Mr. Robert A. Garland. Chairman of the cowmittee, and Mayor Murray A. St,liar submitted a mleorlW report, recommending that the City Manager he lestructe~ to call rot bids on the auto fleet Insurance because of the probability of u cheaper rate resulting in an approximate IO~ or more savings to the city and because ali other purchases involving an excess of $50000 are placed on competitive bidding. Mr. Mheeler moved that Council concur in the recommendation of the majority Of the committee and that the request of The Allstate Insurance Compnny be denied. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Jones. Pollard. Mheeler and Young ...................... 4. NAYS: Mr. Carlafld and Mayor Stoller ................................... 2. (Mr. Bowles absent) Mr, Jones then moved that the City Attorney be directed to prepare the proper measure providing that the city continue to handle its insurance as it has in the past, that the above committee be continued to study the possible revision of the present insurance program of the City of Roanoke. including a study of self insurance, as Hell as the insurance program of the Roanoke City School System, and that Mr. Jack B. Coulter, a member of the Roanoke City School BoaFd, be added to the committee. The motion was seconded by Mr, Wheeler and unanimously adopted, PARKS AND I~-AYGROUNDS-GARBAGE REMOVAL: The Incinerator Committee submitted the following report with regard to the question of fly ash and debris from the smoke stack of the City Incinerator: 'Roanoke, Virginia August 10, 1964 To the City Council Roanoke, Virginia Gentlemen: The Incinerator Committee met with representatives of the firm Of Embank, Caldwell and Associates, Pyro Incinerator and Supply Corporation and City Officials on Monday, August 3, to discuss necessary improvements to assure maximum efficiency in the operations of the incinerator. We are of the opinion that fly ash and possibly ignited debris may emanate from the stack unless adequate protection is taken In the combustion chamber to disburse and control fly ash effectively. This is an interim report and as soon as plans are received by the architects and their recommendation forwarded to your committee, we will in turn report to you our findings and recommendations. Respectfully submitted, S/ Vincent S, Wheeler Vincent 5. Wheeler S/ Roy R, Pollard. Roy R. Pollard, Sr. S/ Benton Oo Dillard Benton O. Dillard~ seconded by Mr, Young and unanimously adopted. Il UNFINISBED BUSINESS: NONE° CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS; ZONING: Ordinance No, 15946, fez*wing property located os the east side of Luhens Street, N. Eo, south of Sycamore Avenue, described as part of Lot 10, purr of Lot 13, and all of Lots 14 and IS, Block K, Willlamson Groves Hap, Official Tax Nos. 3070310, 3070313, 3070314 and 3070315, from General Residence District to Business District, having previously been before Council for its first veadinoo read, and laid over, was again before the body. Mr. Rheeler offering the following for Its second reading end final adoption: (~15946) AN ORDINANCE to auend and reenact Title XV, Chapter 4, Section 1. of The Code of the City of Roanoke, 1956. la relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 27, page Mr. Rheeler moved the adoption of the Ordinance. The ~otlon was seconded by RF, Pollard and adopted by the following yore: AYES: Messrs. Garland, Jones, Pollard, Wheeler, Young and Mayor Stoller ................................ 6. NAYS: None ..................O. (Mr. Bowies absent) BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Ranager to fill certain vacancies in yeti*a! municipal departments since they are of an emergency nature, he presented same; wheieupon, Mr. Pollard offered the following Resolution: (~15962) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Rook No. 27, page 289.) Mr. Pollard moved the adoption Of the Resolution. The motion was seconde¢ by Mr. Garland and adopted by the following vote: AYES; Messrs. Garland, Jones, Pollard, Wheeler. Young and Mayor St*liar ................................ NAYS: None ..................O. (Mr. Bowles absent) STREETS AND ALLEYS-SIDEWALK, CURB AND GUTTER: Council having directed the City Attorney to prepare the proper measure accepting offers of property owners on the west side of the 2800 block of Forest Dill Avenue, N. W., to donate to the City of Roanoke five feet of land frnm the front of their lots in exchange for curb and gutter, subject to the City of Roanoke repairing Forest Bill Avenue as soon as possible, he presented same; whereupon, Mr. Wheeler offered the following emergency Ordinance: (~159~3) AN ORDINANCE providing for the widening of a portion of Forest Hill Avenue, No W., by acquisition of a 5-foot wide strip of land abutting the west line of said street from the owners of ten lots in Block 12, as shown on the Map of Bowman Lawn, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 27, page 209.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: 357 AYES: Messrs, Garland, Jones, Pollard, Wheeler, Young and Ha/or Stoller ................................ NAYS: None ................. O, (Ur, Boules absent) CITY CODE-FIRE PREVENYlON: Council having adopted Ordinance No. 15617, amending Chapter 2, Fire Prevention, Title IIY, Fire Protection, of The Code of the City of Roanoke, 1956, by adding Article IV, Fire Prevention Bureau. it wes brought to the attention Of the body. that the sections in Ordinance No, 15817 are numbered from I to 10o ubereos, the existing sections under Chapter 2 are already numbered from I to 53, and that Wlchie City Publications Company, Incorporated, has suggested that in the codification into the City Code of the ten sectlonsin question they he numbered from 54 to 63; whereupon. Mr, Jones offered the following Resolution: (~15964) A RESOLUTION relating to the codification of Ordinance No. 15817 heretofore adopted on the 8th day of June, 1964, relating to Fire Prevention, (For full text of Resolutiont see Resolution Book No. 27, page Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mayor Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Mheeler, Young and Mayor Stoller ................................ 6. NAYS: None ..................O. (Mr. Bowles absent) NDTIONS AND MISCELLANEOUS BUSINESS: WATER DEPARTMENT: Mr. Robert H. Wagner appeared before Council, com- plaining that two of the three rest rooms recently constructed at Carvins Cove are locked and that privies in the area are still in use. Mr. Wagner charging that it was discovered a water line had not been run into one of the rest rooms after it had been constructed from floor to roof of brick and the rear wall had to be bored through to run the water line into the building, and that an electric pump in another of the rest rooms cannot he used because the nearest suitable power line is three and one-half miles auay. Mr. Wagner expressing the fear that the water at Corrina Cove might become polluted and requesting that the members of Council investigate his complaints. Ur. Garland moved that the members of Council make an inspection of sanitary facilities at Carvins Cove. The motion was seconded by Mr. Pollard and unanimously adopted. ANNEXATION: Mr. Jones pointed out that during the past week the court has granted the petition of residents of the Edgehill section in Roanoke County for annexation by the City of Roanoke effective January 1, 1965, and moved that the City Attorney be directed to prepare the proper measure complimenting city officials on their part in the annexation proceedings and welcoming the residents Of the Edgehill section into the City of Roanoke. The motion uas seconded by Mr, Mheeler and unanimously adopted. BUDGET-HUSTINGS COURT: Mayor. Stoller pointed out that the Honorable Dirk A. Kuyk is retiring as Judge of the Hustings Court on August 31, 1964, and that Mr. Richard Y. Edwards eho has been appointed to succeed Judge Kuyk has reqnested that certain repairs be sade to the Hustings Court in the total amount of $3,100, Mayor Stoller relinquishing the Chair and offering the follonlng emergency Ordinance appropriating the $3.100: (=15965) AN ORDINANCE to amend and reordain Section =8?, #Municipal Bnilding,' of the 1964 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Hook No, 27, page 290,} Mr, Stoller no*ed the adoption of the Ordinance, The notion was seconded by Mr, Wheeler and adopted by the followin9 vote: AYES: Hessrs. Junes, Pollard, Stoller, Rheeler, Young and Vice Mayor Garland ................................ 6, ~AYS: ~one ..................O, (Mr, Howles absent) HOUSING-SLUH CLEARANCE: Hayor Stoller pointed out that the term of Mr, Co Fred Hangus as a Commissioner of the City of Roanoke Redevelopment and Housing Authority expires August 31, 1964, and called for nominations to fill the pending vacancy, Mr. Wheeler placed in nomination the name of C. Fred Mangus. Mr. Young moved that the nominations be closed. The motion sas seconded b~ Mr. Jones and unanimously adopted. Hr. C. Fred Hangus was reelected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term of four years beginning September 1 1964, by the following vote: AYES: Messrs. Garland, Jones, Pollard. Wheeler, Young and Mayor Stoller ......................................... 6. ~AYS: None ...........................O. (Mr. Bowles absent) On notion of Mr. Jones, seconded by Mr. Garland and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: / City Clerk Rayor 359 360 COUNCIL, EEGULAM MEETING. Monday. August 17, 1964. The Council of the City of Roanoke met in regulnr meeting in the Council Chnuber in the Municipal Building, Monday, August 17. 1964, nt 2 p.m.. the regular meeting hour. mith Mayor Stoller presiding. PRESENT: Counciluen Robert A. Gnrlnnd. Janes E. Jones, Roy R. Pollard, Sr Vincent S. ~heeler and Mayor Murray A. Stoller .................................. 5. ABSENT: Councilman Ralph g. Bowles and Molter L. Young ...............2. OFFICERS PRESENT: Mr. J. Robert Thomas, City Auditor and Acting City Manager. and Mr. James N. Kincanon, Assistant City Attorney. INVOCATION: The meeting ~as opened mith a prayer by the Reverend Co W. Elllson, Pastor, Tazewell Avenue Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, August 10o 1964, having been furnished each member of Council, on motion of Mr. Jones, 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: PARKS AND PLAYGROUNBS-STATE HIGBRAYS: Pursuant to notice of advertisement![ for bids on construction in relation to the relocation of Yellow Mountain Road. S. E.. said proposals to be received by the City Clerk until 1:30 p.m., Monday. August 17, 1964, and to be opened at 2:00 p.m.o before Council. Mayor Stoller asked if anyone had any questions about the advertisement, 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 following bids: Albert Brothers Contractors, Incorporated $44,544.50 Pioneer Construction Company. Incorporated 54.432.50 H ~ S Construction Company. and Laughon ~ Johnson, Incorporated 56.42B.00 Branch and Associates, Incorporated 73,105.00 Mr. Jones 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. Garland and unanimously adopted. Mayor Stoller appointed Messrs. James E. Jones, Chairman, H. Cletus Broyles and J. Robert Thomas as members of the committee. S~REETS AND ALLEYS: Pursuant to notice of advertisement for bids on the extension of Whiteside Street. N. E.. from the end of existing widening to Carvins Creek. said proposals to be received by the City Clerk until 1:30 p.m., Monday. August 17. 1964, and to be opened at 2:00 p.m., before Council, Mayor Stoller asked if anyone had any questions about the advertisement, 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 folloulng bids: AdllS Construction Company, Iud H ~ S Construction Company $3B,OBS.30 Pioneer Construction Company, Incorporated 40.30B.00 S. H. Draper Paving Company, Incorporated 44.159.80 John A. Hall ~ Company. Incorporated 45,611.50 Mr. Pollard moved that the bids be referred to a committee to be appointed by the Mayor for tabulation and report to Council. the City Attorney to prepare the proper measure accepting the proposal of the louest responsible bidder. The motion sas seconded by Mr. Jones and unanimously adopted. Mayor Stoller appointed Messrs. Roy R. Pollard, Sr.. Chairman, H. Cletus Broyle$ nnd J. Robert Thomas as members of the COmmittee. STREETS AND ALLEYS: Pursuant to notice of advertisement for bids on sidenlng the north side of Westover Avenue, $o M,. west of Grandln Road. said proposals to be received by the City Clerk until 1:30 p.m., Monday, August 1964, and to he opened at 2:00 p,m,, before Council. Mayor Stoller asked if raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; Nhereupon, the City Clerk opened and read the fo/lowing bids: S. R. Draper Paving Company, Incorporated $ Pioneer Construction Company. Incorporated - b.O00.O0 appointed by the Mayor for tabulation and report to Council. the City Attorney to ?be notion was seconded b~ Mr, Pollard and unanimously adopted. ZONI~G: Council having previously set a public hearing for 2:00 p.m.. located on the s~uth side of Colonial Avenue, S. ~.. between T~enty-first Street and Twenty-second Street. described as Lot 8, Block 3, Colonial llelghts, Official Tax No. 1271208. be rezoned from General Residence District to Business District. "July 16, 1964 Members of City Council Roanoke, ¥ltglnia In lis July 15. 1964 meeting the City Planning Commission considered that Mr, Maury L. Strauss is contemplating buying this property tn and Twenty-first Street for office bulIdtng use. The Planning Commission was reminded that an office building is presently being Commission concluded that the proposed development for an offlce building would be compatible ~ith the recent construction in this 362 geoernl area and mould not be detrimental to adjacent residential properties. Mro Strauss uns informed that the lot under consider- ation mill probably be zoned for office and institutional district when a new zoning ordinance fs enacted, The Planning Commission therefore recouueods to City Council that the above mentioned property be rezoned from General Residence to Briskness District. Sincerely yours, S! Rerner R. Sensbnch for Henry 8. Boynton Chufrmnn# Mr. A. T. Loyd. Attorney. representing the petitioner, appeared before Council in support of the reqnest of his client. Mr. Harry P. McKinney, Jr., appeared before Council and stated he has no objection to the rezoning of the property for the purpose of erecting an office building thereon and neither does he believe the property owners in the area would be opposed to an office building. 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: (~1596b) 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. WREREA$, application has beeu made to the Councll of the City of Roanoke to have all of that certain lot lying on the south side of Colonial Avenue, S. W., between Twenty-first Street and Twenty-second Street. described as Lot 8, Block 3, according to the Map of Colonial 8eights, which map is recorded in Plat Book 1, page 150, in the Clerk*s Office of the Circuit Court for the County of Roanoke, Virginia, Official Tax No. 1271208, rezoned from General Residence District to Business District: and WHEREAS, the City Planning Commission, to whom the matter was heretofore referred, has considered said application and has reported in writing to the Council. recommending that the ~ quest contained in said application be granted; and WHEREAS. notice required by Title XV, Chapter 4. Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in "The Roanoke Rorld-News". a newspaper published in the City of Roanoke. for the time required by said section; and WIIEREAS, the hearing as provided for in said notice was held on the ITth day of August, 1964, 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 WHEREAS, this Council, after maturely considering the evidence and matters presented and the recommendation of the City Planning Commission, is of the opinion that the hereinafter described property should be rezoned aS requested in the aforesaid application. THEREFORE, BE IT OEDAINED by the Council of the City of Ronnoke that Title XV, Chapter 4, Section 1o of The Code of the City of Ronnoke, 1956, relating to Zoning. be amended and reenacted in the Following particular nnd no other, viz.: All that certain lot lying on the south side of Colonial Avenue, S. between Tmenty-First Street and Twenty-second Street. described ns Lot 6. Block 3. according to the Nap of Colonial Heights. whlch mop is recorded in Plat Book 1, 150. in the Clerk*s Office of the Circuit Court for the County of Roanoke, Virginia. being OFFicial Tax No. 1271208. be, and is hereby, changed From General Residence District to Business District, and the Zoning Hap shall be changed in this respect. The motion Has seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller .....S. NAYS: None ...........................................................O. (Messrs. Bowles and Young absent) BUDGET-ELECTIONS: The Voters Registration Committee composed of Messrs. Frank H. Mandy, Chairman, A. Byron Smith° Co-Chairman. and William M. Johnson, Co-Chairman, appeared before Council, with Mr. Mandy acting as spokesman, and requested that Council approve the employment of extra help in the office of the Registrar for the month of September, 19&4, and that the office of the Registrar remain open From B a.m. to 10 pom. Monday through Friday and from 9 a.m. to I p.m. on Saturday, Jn order to give the .orking citizens an opportunity to register and vote in the November election. After a discussion of the matter, Mr. Wheeler moved that Council recommen( to the Roanoke City Electoral Board that the office of the Registrar remain open from B a.m. to 9 p.m. Tuesday, Wednesday and Thursday and from 9 a.m. to 1 p.m. on Saturday during the month of September and that the matter be referred to the City Manager to confer with the Electoral Board as to the amount of appropriation needed for extra help if the Electoral Board decides to extend the hours of the office of the Registrar in accordance with the recommendation of Council. The motion was seconded by Mr. Pollard and unanimously adopted. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company. transmittin9 a list of street lights which were installed and/or removed durin9 the month of July, 1964, was before Council. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the communication was filed. STREETS AND ALLEYS: A petition of Mr. G. Marshall Randy. Attorney, representing Windshield Glass Distributors Company. Incorporated. requested that a 12-foot alley running through Block 7, Chamount Land Company May, in a north- south direction between Orange Avenue and WcDowell Avenue. N. E.. parallel to Ninth Street and Eleventh Street. be vacated, discontinued and closed, was before Council. 363 · 364 Mr. Garland offered the follouing Resolution appointing vleuers, in connection with the application: (~15967) A RESOLUTION providing for the appointment of five freeholders, any*three of mhou may act. ss vieuers in connection uith the application of Windshield Gloss Dlstribotors Compnny. Incorporated, to permanently vacate, dis- continue and close all that certein alley running in a north-south direction through Block 7, Chnmounie Land Company Map. from Orange Avenue. N. E., to McDo~ell Avenue, N. E. (For full text of Resolution, see Resolution Book No. 27. page 295.) Mr. Garland saved the adoption of the Resolution, The notion mas seconded by Hr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Mheeler end Mayor Stoller ......5. NAYS: None ............................................................O. On notion of Mr, Jones, seconded by Mr, Pollnrd and unnniuousl! ndopted, the City Clerk unn directed to ncknculedge receipt of the coumunJcnticn rrou Mr. Pritchett nod suggest that be contnct the Sorely Motor Trnnsit Company, The Nntionnl Theatre Corporation, the local thenters and Oowntoun Ronnoke, Incorporaled~ as the proper orgnoizations to handle his requests, REPORTS OF OFFICERS: BUOGEToCITY AUDITOR: The City Manager submitted a uritten report. recommending that S LOOD be appropriated to Printing and Office Supplies under Section ~IO. *Auditor.* of the 1964 budget. After a discussion of the matter, the City Auditor explaining that he underestimated requirements for printing and office supplies in the preparation Of his 1964 budget, Mr. Pollard moved that Council concur Jn the recommendation of the City Manager and offered the following emergency Ordinance: (~15969) AN ORDINANCE to amend and reordaJn Section 310, *Auditor," of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 296.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the folloming vote: AYES: Messrs. Garland, Jones. Pollard. Wheeler and Mayor Stoller ......5. NAYS: None ............................................................O. (Messrs. Bowles and Young absent) BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a mritten report, recommending that $200 be transferred from Printing and Office Supplies and that $300 be transferred from Clothing and Personal Supplies to Personal Services under Section 231. *Juvenile Detention Home.* of the 1964 budget, for extra help. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the follouing emergency Ordinance: (~15970) AN ORDINANCE to amend and reordain Section =31. *Juvenile Detention Home." of the 1964 Appropriatiov Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27, page 297.) 365 :366 Mr. Pollurd lOVed that Council concur in the veCOlleOdatino Of the City Munsger and offered the folleuisg emergency Ordlnunce: (315971) AN OROI~A~CE to ueend and reorduin Section #&4. 'Air Pollution Control.' of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook ~o. 27, page Mr. Pollard moved the adoption of the Ordinance. The motion mas seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, iheeler and Mayor Stoller ...... NAYS: None ............................................................O. (Messrs. Bomles and Young absent) BUDGET-STREETS A~D ALLEYS: Council having previously appropriated for the paring of streets at various locations in the City Of Roanoke and having aNarded the contract for the ~ork to ¥1rglnia Asphalt Paring Company, Incorporated, in the amount of $245,000, the City Manager submitted a ~ritten report, advising that because of the low price per ton the city has been able to pate more streets with a greater number of tons of asphalt than the approximate quantity set forth in the specifications for the blacktop program; honorer, this has increased the cost of inspection ~hich is bated upon the tonnage figure and the increased cost of inspection cannot be charged to the $250,000 because the final amount to be paid the contractor has not been determined, the City Manager recommending that Council appropriate $025 to pay for the balance of the testing of the blacktop program. On motion of Mr. ~heeler, seconded by Mr. Jones and unanimously adopted~ action on the matter was deferred pending final determination of the balance in the street paving account. BUDGET-MUNICIPAL BUILDING: Council having previously a~arded a contract to Johnston-Vest Electric Corporation for furnishing and installing three air con- ditionlng units in the Municipal Building, in the amount Of $10,501, the City Manager submitted a ~ritten report, advising that due to the heat from bookkeeping machines in the office of the City Auditor through a vent between the office of the City Auditor and the office of the City Attorney the air conditioning unit previonsly installed by city forces in the office of the City Attorney runs continuously, and voiced the opinion that this problem can be eliminated by extending the return air duct for the air conditioning unit prerlously installed by city forces through the Attorney*s office into the Auditing Department which ~ill balance the temperature in the office of the City Attorney and at the same time aid in cooling the office of the City Auditor, the City Manager recommending that $125 be appropriated for a change order to the contract of the Johnson-Vest Electric Corporation to cover the extension of the return air duct. Rr. Garland mo~ed that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~159~2) AN O~DINANCE to amend and reordain Section ~B?, 'Municipal Building,' of the 1964 Appropriation Ordinance, and providing for an emergency. (Far full text of Ordinance, see Ordinance Book No, 2T, page 290,) Me, Garland moved the adoption of the Ordinunce, The motion mas seconded by Hr, Pollurd and udopted by the following vote: AYES: Messes. Garland, Jones, Pollard, hheeler and Mayor Stoller ......$, NAYS: None .......................................................... O, (Basses, Bowles end Young absent) BUDGET~LANDMARKS-LIBRARIES: Council having previously directed the City Banager to cause the old Terry property in £1mwood Park to be demolished and removed as soon us a new location may be obtained for use of the Senior Citizens' Center, the Acting City Manager submitted the following report of the City Manager: 'Roanoke, Virginia August IT, 1964 To the City Council Roanoke, Virginia Gentlemen: You referred to me earlier this year a directive that ~e attempt to locate a Senior Citizens* Center in the do#ri*nwa business area; and it would appear to me. pending the redevelop- ment program, that it would be wise to continue the use of the building to the east of the existing old library as a Senior Citizens* Center. This building at the present time is healed from the library boiler; however, we could install six wall heaters and necessary wire for $650 and approximately $350 in labor and use this Center for an indefinite period. This would permit the orderly demolition of the old Terry Home, which you have directed me to do after the Senior Citizens' problems have been resolved. I recommend that you authorize the razing of the old library building, an appropriation of $1000 to install electric heaters . and continue the use of the Senior Citizenst Center in its present location. Respectfully submitted, S/ J. Robert Thomas Acting City Manager~ Mr. Jones moved that Council concur in the recommendation of the City Manager and that the matter he referred to the City Attorney for preparation of the proper measure directing the City Manager to cause the old library building in Elnwood Park to be demolished and to continue use of the building presently occupie( by the Senior Citizens* Cente~ for that purpose until such time as a new location has been obtained for the Senior Citizens* Croup. The motion was seconded by Mr. Pollard and unanimously adopted. M~o Jones then offered the following emergency Ordinance appropriating $1,000 for Ins*alia*loc'of the electric heaters: (~15973) AN ORDINANCE to amend and reordain Section ~08, *Maintenance of City Property,' of the 1964'Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. 27, page 298.) by Mr. Wheeler and adopted by the following vote: 367 '368 AYBS: Messrs, Gnrlnnd, Jones, Pollard, Mheeler and Mayor Stoller .......5, NAYS: None ............................................... ~ ........... O. (Messrs, Bowles and Young absent) BUDGET-KATKR DEPARYM£NT:, The City Manager submitted the following report with regard to completing the construction of rest rooms at Cnrvins Cove: "Roanoke, ¥lvgtnta August 17, 1964 TO the City Council Roanokeb Virginia Gentlemen: When the construction of the'various facilities at Gnrvlns Cove was authorized, it was brought to your attention that there were no electrical facilities in the Bennett Springs area and that provisions would subsequently have to be made to supply the necessary pumps, pipes, power plant, chlorination equipment, etc., which we estimate to be approximately $3500. Council, in its discretion, could either make the necessary appropriation or consider it in your 1965 deliberations. Respectfully submitted. $/ Arthur S. Owens City Manager' After discussion of the matter, Mr. Garland moved that the following Ordinance be placed upon its first reading: (~15974) AN ORDINANC£ to amend and reordain Section #I?0, 'Capital,# of the 1964 Appropriation Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that Section ~170~ #Capital,' of the 1964 Appropriation Ordinance, be, and the same'is hereby, amended and reordained to read as follows, in part: CAPITAL ~170 The motion was seconded by Mr. Jones and adopted by the following vote: AY£$: Messrs. Garland, Jones. Pollard and Mayor Stoller ................ 4, NAYS: Mr. Wheeler ...................................................... 1. (Messrs. Bowles and Young absent) BUDGET-PARKS AND PLAYGROUNDS-STATE HIGHWAYS: Council having previously authorized the proper city officials to deposit and pay into court the amount of $11,173 for the ?Oog-acre tract of land owned by Mr. J. F. Webb, in connection with the Mill Mountain-Blue Ridge Parkway Spar and Recreational Area Project, the Acting City Manager submitted a written report of the City Manager, advising that the commissioners in condemnation proceedings brought for the acquisition of the tract of land have fixed the value of said property at $14t750, the City Manager recom- mending that the award made by the commissioners be accepted and tie additional cost of $3,5?? for the land appropriated. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolut'ion accepting the award nad* b'y the 369 (#15975) A RESOLUTION authorizing the acceptance of an nmard made by commissioners in condemnation proceedings brought for the acquisition of a 70,9 tract of land for the Mill Mountain-Blue Midge Parkeay Spur and Recreational Area Project, (For full text of Resolution, see Resolution Book. No, 2T, page R99.) Mr, Mheeler moved the adoption Of the Resolution, The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs, Garland, Pollard, Mheeler and Mayor St*lief ............ 4, NAYS: None ............................................................O, (Mr, Jones not voting) (Messrs. Uomles and Young absent) Mr. Nheeler then offered the following emergency Ordinance appropriating the additional $3,577: (:15976) AN ORDINANCE to amend and reordain Section ~170, 'Capital,w of the 1964 Appropriation Ordinance, and providin9 for an emergency.. (For full text of Ordinance, see Ordinance Book No, MT, page 300,) Nr. Wheeler moved the adoption of the Ordinance. ?he motion was seconded by Mr. Pollard and adopted by the following vote, Mr, Jones voting for the Ordinance in order that it might be passed as an emergency measure: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller ....... NAYS: None ........................................................... O, (Messrs, Bowles and Young absent) SE~ERS AN* STORM DRAINS: The City Manager submitted the following report with regard to a drainage problem between Rorehead Avenue and Morgan Avenue, S. "Bonn*he, Virginia August 17, 1964 To the City CounciD Roanoke, Virginia Gentlemen: During the past several years we have had a drainage problem between Morehead and Morgan Avenues, S. E** and recently members of the Southeast Civic League met with our inpsectors near 916 Morgan Avenue, S. E., where the drainage problem is most acute and discussed how the problem should be solved, I have had our staff engineers i* make a study of how relief could be accomplished and I have been advised that It will cost approximately $12.000. This is one of many drainage areas in the City and I would like to recommend that you refer this to your budget study for 1965 along with many other storm drain requests. May I suggest that a copy of my report be forwarded to the President of the Southeast Civic League and to Nr. Lawrence Noel1. Respectfully submitted, 5/ Arthur 5, Owens City Manager" . Hr. Nheeler moved that Council concur in the recommendation of the City Manager and that the matter be referred to the Budget Commission in connectioo with its consideration of the 1965 budget. The motion was seconded by Mr. Garland. 370 Mayor St*lief relinquished the Chair and moved that the motion be amended to direct the Budget Commission to include funds for the project in the Capital Improvement Program ia the 1965 budget. The motion was seconded by Mr, Pollard and lost by the full*ming vote: AVES: ,Messrs. Pollard and Stoller~ ..... ~ NAYS: Messrs. Jones, Mheeler and Vice Mayor Garland (Messrs. Dowles and Young absent) The original motion nas then unanimously adopted, RUDCET-PAY PLAN: The City Manager submitted the following report, recom- mending that certain vacancies in various manicipaldepartments be filled since they are of an emergency nature: #Roanoke, Virginia August 17. 1964 To th~ City Council Roanoke, Virginia Gentlemen: I would like to recommend the employment Of the following persons: POLICE DEPARTMENT - Two patrolmen AIRPORT - Janitor 11. Class 18 MAYER DEPARYMENY - Junio~ Meter Reader, ~rade 15, Step 1 2 Laborers Group 10 I Maintenance Laborer Group 9 DEPARTMENT OF PUBLIC WORKS - Chaiuman. Group 17, Account ~90 LIBRARY - Library Assistant II Respectfully submitted, S/ Arthur S. Owens City Manager" Mr. Jones moved that Council concur in the recommendations 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° PARKS AND pLAyGROUNDS-GARBAGE REMOVAL: The Act lng City Manager submitted a written report of the City Managers advising that the contract af Ss Lewis Lionberger Company for making alterations and repairs to the City Incinerator has been completed and recommending that the contractor be paid the balance of the contract, less the retainage of $2,251.14 for incidentals, which ~ill be completed at some later date. at which time the balance of the funds will be released. After a discussion of the matter, Mayor Stoller stating he is milling to pay the $. Le~is Lionberger Company the balance of its contract, but he is against paying anyone else involved in the incinerator project anything until the incinerator is accepted by the city, Mr, Mheeler 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 ~as seconded bY Mr. Pollard and unanimously adopted. RECREATION DEPARTMENT: The Acting City Manager snbnltted the following report of the City Raouger with regard to t'he rags,st of the Pine Valley Golf Clnb that Council proride facilities for a pablic golf course in the City Of Roanoke: "Roanoke, Virginia August 17, 1964 To the City Council Roanoke, Virginia Gentlemen: On Monday, June 1. 1964, you received a letter from Mr, Lawrence He Raular, Chairman of a Special Committee to Petition Council, requesting that the City of Roanoke provide facilities for a golf course. I fully concur in the fuFtherin9 of public facilities for recreation of all types, but I an of the opinion that there are nnre pertinent needs at this tine in the way of recreational facilities than the expenditure of public funds for a golf course. I believe we would be hard-pressed to find adequate land; and secondly, the expense to prepare a golf course is about $5.000 for each hole. which would not include purchase of the land, concession stand, clubhouse and other refinements. I have caused to be made a meticulous survey of golf courses in several cities in the Country and this information is voluminous. Therefore, I am retainin9 it in my office for Council or the public's inspection should information he sought. I was not dtrecled to recommend; therefore. I am merely reporting the facts to Council as gathered in my survey. I do not believe in the light of other needs that me should pursue this at this time. Respectfully submitted. 5/ J. Robert Thomas Acting City Manager" Mr. Pollard moved that the report be received and filed. The motion was seconded by Mr. Nheeler and unanimously adopted. PARKS AND PLAYGROUNDS: Council having referred to the City Manager for study, report and recommendation a request of the Men's Garden Club of Roanoke that Section 3. Chapter 6. Title VIII. of The Code of the City of Roanoke. 1956. be amended to prohibit the cuttin9 of any woody plant on municipally owned land by persons other than those employed hi the City of Roanoke for this purpose unless a written permit is first secured from the citl. the Acting City Manager submitted th, f! following report of the City Manager: "Roanoke. Virginia August 17. 1964 To the City Council Roanoke, Virginia Gentlemen: The Men's Garden Club of Roanoke presented to you on Monday. June 29. a communication and a proposed application for removal or trimming of trees on public property, and suggested that there be more adequate controls with reference to the removal of trees. Our Director of Parks and Recreation. Mr. Rex Mitchell. and the Soperintendent of Parks. Mr. Paul Routt. working in conjunction with the City Manager's office, believe that Section 3. Chapter 6. Title 8 of the Code of the City of Roanoke. Virginia. should be amended by adding thereto the following two provisions: 3,71 372 l. Any person mhd shall mlllfully or mullclously injure la any may any trees, flomers or shrubbery In the public streets or in tbe public grounds of the City shall be fined not lens than $2,00 nor more than $300 for each offense. 2, Any person desiring to trim trees or remove one on public property mould first secure from the Director of ParRs and Recrection an applicctlon mhlch mould set forth ham, nhen or conditions whereby trees may be removed or trimmed, I recoBmend that you amend the ordinance as ! concur in the request of the Men's Gaeden Club that we should more adequately control trees. - I have tentative forms provided for your inspection, and mould suggest that if you concur In this recommendation that it be referred to the City Attorney for appropriate amendment to the Code. Respectfully submitted, S/ J. Robert Thomas Acting City Manager" After a discussion of the report, Mr, Jones moved that the matter be referred back to the City Manager to confer with representatives Of the utility companies and the MeaOs Garden Club before making final recommendation. The motion was seconded by Mr. Rheeler and unanimously adopted, TRAFFIC; Council having referred to the City Manager for study, report and recommendation a petition nighed by thirteen residents of Grayson Avenue, N. W., complaining of speeding on Grayson Avenue, the City Manager submitted a written report, advising that the Police Department has been unable to find any evidence of speeding, but that it will continue to check on thematter. Mr. Pollard moved that the report be received and filed. The motion was seconded by Mr. Rheeler and unanimously adopted. WATER DEPARTMENT= Council having referred to the City Manager for study, report and recommendation a request of Mr. J. Ralph LaPrade that city mater service be furnished his property in Roanoke County, the City Manager submitted a written report, together with the following communication from the Manager of the Water Department: "August 5, 1964 Mr. A. S. Owens City Manager Roanoke. Virginia Dear Mr. Owens: I am attaching a general plan of the vicinity of the property Of Mr, J. Ralph LaPrade on Mountainview Road in Roanoke County, shaming mater lines in adjacent streets. Mr. LaPrade has requested water service on a street in mhlch we have no mains. His request was that he be served from the dead end street to the north of his lots, through private property. Such service violates the city code and orderly subdivision principl,es. If such service is allowed, then the next lot, and the next, are subject to the same privilege ~!,~hout the proper extension of mains, as required, for domestic and fire purposes. I would suggest that Mr. LaPrade 'and the owners of the other lots similarly situated could provide a public may through Lot 13, Section 1, Alice D, Thomas Subdivision, and extend a main in that street, or some method be devised for extending High Acres Road to the west and the existing water line extended at their cost to serve these properties. The rules and regulations of the Water Departmento Title 12 of the City Code. provides that anyone outside the cor- porate limits of the city and desiring city water service be reqsired to pay the total cost of such extensions. (Rule 38, Title 12 C I Section 5) Mr. LaPradets stated into*tiaa is to force the city to serve him water. We have no Hones to pick with Mr. LaPrade, but are simply applying the regulations as set forth by City Council. Very truly yours, S/ R. E. Pillow R. E. Pillow. Managerm Mr. Rheeler moved that Council concur in the report Of the City Manager and that Mr. LaPrade be advised that if he will comply with the rules and regulatlo~ Of the Mater Department the City Of Roanoke will be happy to render city water service to his property. The motion was seconded by Mr. Pollard and unanimously adopted. PARKS AND PLAYGROUNDS: Council havln9 referred the question of employing experts to make a study and present ~ sound plan for the development of Mill Mountain as a recreational center back to the City Manager to ascertain the cost Of such O study, the Acting City Manager submitted a written report of the City Manager, together with a proposal Of the Associated Architects and Engineers of Roanoke agreeing to prepare the program and preliminary designs for the Mill Mountain project at a fee not to exceed $10,OOg. After a discussion of the matter, Mr. Jones moved that action off the recqmmendation of the City Manager be deferred pending further developments with regard to the Mill Mountain-Blue Ridge Parkway Spur and Recreational Area Project. The motion was seconded by Mr. Garland and unanimously adopted. EASEMENTS-SPECIAL PERMITS: Council having referred a request of the For Bacon ~ Davis Construction Corporation, Agent for the Plantation Pipeline Company, that the company be granted the right and privilege to construct, maintain and/or remove an 6 5/8-inch steel petroleum products pipeline or pipelines across certain city-owned properties, utilities, streets and roads for a total distance of 6,261 feet for the sum of $6,278.80 back to the City Manager for further study with the City Attorney, the City Manager and the Assistant City Attorney submitted the following joint report: *August 12, 1964 Council of the City of Roanoke Gentlemen: At your meeting on August 3rd you referred'back to the City Manager for further study with the City Attorney the request made on behalf of Plantation Pipe Line Company for certain rights relative to the construction and maintenance of an 8 5/8 inch steel petroleum products pipe line across certain property owned or controlled by the City. Since that time, the applicant has amended its request to the extent that it now contemplates the construction Of some 13,765 feet of the above-mentioned pipe line On City-owned or controlled properties and the applicant now proposes and offers to pay to the City a flat sum of ~130785 including the usual $2,50 fee for eight (8) specified crossings. 373 374 As an interim recomwendetlon to the Council and in order to asuis~ In expediting the construction of the pipe line pro- posed by the applicant should the Council lb authorize, the following comments and recowweadatlous ere respectfully made: 1, That the epplicantes request to the Council is such that, under the law and existing local ordinances, the proposal should first be referred to the City Pleasing Comsissloa /or study end recommendation as to the reasonable and general location of the proposed pipe line with reference to present and future planning of the City; 2. That the rights requested to be granted by Plantation Pipe Line Company may and should be authorized by Council by enactment of a single ordinance Jn the nature of a revokable permit, which ordinance would provide for all of the usual assurances to be given the City such as public liability in- surance, performance and indemnity bond and hold harmless agreements, etc., and that any such right so granted be expressly made subject to prior rights of all other public utilities now occupying City streets and public property and easements; and 3, That. in lieu of agreement upon a flat sum payment as proposed by the applicant, an annual rate based upon the linear footage of the pipe line to be laid, now 13,765 feet, be set and required to be paid annually so long as said property is occupied by the proposed pipe line. Obrlously the revokable nature of the permit would permit of renegotiattan of the rate between the parties should reason therefor arise in the future. Furthermore, the initial rate should be made to bear some reasonable relation to the vaIue of the land involved to the City and the value of the rights to occupy the land by applicant, all of which can be accomplished by further study and negotiation between the parties. Accordingly, at this time, it is recommended that the proposal be immediately referred to the Planning Commission with the request that said Commission make its recommendation back to the Council at the earliest practicable moment. Very truly yours S/ Arthur S, O~ens City Manager S! J. N. Klncanon Assistant City Attorney" In. this connection, Mr. Wayne A. pharos, representative of the Ford, Bacon ~ Davis Construction Corporation, appeared before Council and presented a com- munication, agreeing to pay an annual fee of $825.90 for the permit. After a discussion of the matter, Mr. Wheeler moved that Council concur in the recommendation of the City Manager and the Assistant City Attorney and that the request be referred to the City Planning Commission for study, report and recommendation as to the reasonable and general locatinn of the proposed pipeline at the earliest practicable moment, The motion was seconded by Mr. Jones and unanimously adopted. Mr. Pollard then moved that the request be referred to a committee compose of Mayor Murray A. Stoller, Chairman, Mr. Arthur S. ~wens and Mr. James N. Kincanon to negotiate with the Ford, Bacon ~ Davis Construction Corporation as to whether the company should pay a flat nun or an annual rate for the permit and to report back to Council with its recommendation. The notion was seconded by Mr. Garland and unani- mously adopted. STREETS AND ALLEYS-TRAFFIC: Council having referred to the City Manager for study and report a request of Mr. William M. Blessard that Danforth Avenue and Gurico Avenue, 5. E,, be paved; also, that something be done about speeding on Garden City Boulevard. Vellum ¥ountaie Road and other streets in the urea, the City Homager subuitted a written report, advising that Danforth Avenue and Carico Avenue have been placed on the street maintenance program for early attention and the Police Department has been asked to step up the patrolling of speeding in the area of Garden City Boulevard and Yellow Mountain Road. Mr, Wheeler moved that the report be received and filed. The motion was seconded by Mr. Pollard and unanimously adopted. RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: The City Manager submitted the following report in connection with repairing the swimming pool in Washington Park: "Roanoke, Virginia August 17, 1964 To the City Council Roanoke, Vfrgiaia Gentlemen: You Here the recipient of a request from the Roanoke Chapter of the National Association for the Advancement of Colored People to construct a public swimming pool in Eureka Park. at the meeting of August IO. 1964. You referred to me to see if it were feasible to repair the swimmin9 pool and bath,use in Mashington Park andt if so. an estimate of the cost. You could then decide whether to consider it in the 1965 delirerations. The cost to repair the swimmin9 pool would be considerable and, in my judgment, the expenditure could not be Justified. The p.mi and the bathhouse would then be located in an area that would not give the best services to the negro citizens in our community, as due to population shifts the percentage of users in the Mashington Park area ~uld be much lower than Eureka Park. I cannot urge too emphatically not to consider any further expenditure to the swimming pool or bathhouse in Washington Park. but rather just as soon as possible to provide funds to extend the drain to the north of the pool in order that the pool could be filled. the bathhouse torn down and subsequently fillin9 the area ~ith appropriate fill as dirt becomes available. This would enlarge both the beauty and services of Mashington Park in years to come. Respectfully submitted, S/ J. Robert Thomas Acting City Manager" After a disCussion of the matter, Mr. Jones protesting that the City Manager should have submitted an estimate of the cost of repairing the pool as requested by Council, Mr. Kheeler moved that Council concur in the report of the City Manager. The motion was seconded by Mr. Pollard and adopted. Mr. Jones v,tin, no. SIGNS: Council havin9 referred to the City Manager for study, report and recommendation a request of Mr. Mack Aheron t/a Mack Aheron Advertising, for permission to continue the encroachment Of a sign on city property at 2515 Franklin Road, S. M., until such time as Franklin Road is widened, the City Manager submitted a written report, advising that Council is well aware of his views concerning encroachment on public property; however, this seems to be a reasonable exception and it is his recommendution that the sigu be permitted to stay there until the street is widened.' 375 '376 Hr. Rheeler moved that the matter be referred back to the City Manager to negotiate mith #r. Aheron for o rental fee on the property on uhich the sign is located. The motion mas seconded by Mr. Pollard and nnanlmously adopted. CITY AUDITOR: The City Auditor submitted a financial report of the City of Roanoke for the month of Jane, 1964. Mr. Jones moved that the report be received and filed. The motion was seconded by Mr. Pollard and unanimously adopted. SCHOOLS: The City Auditor and the City Attorney submitted the following report with regard to a request of the Roanoke City School Board that Council appropriate to the School Improvement Fund all monies derived or to be derived from the sale of rights of way for Interstate Spur 581 through the Hatts site, the Booker T. ~ashingtan Jun~r High School site and the Gilmer Elementary School site, and that upon disposition of the residue of the ~atts site any funds realized from such sale be appropriated to the School Improvement Fund as of that time: "Roanoke, Virginia August 12, 1964 The Honorable the Council of the City of Roanoke Gentlemen: Mr. Clarence R, Hawkins, former Chairman of the Roanoke City School Board, at said Board*s direction, requested this Council to appropriate to the School Improvement Fund all moneys derived or to be derived from the sale of rights of way for Highway 581 through the traits* site, the Booker T. Washington Junior High School site and the Gilmer Elementary School site. You, in turn, referred the request to the undersigned for investigation of the status of the moneys involved and to report back to the Council. Our investigation dtsloses: 1. The *Wattst site was purchased from Jean W. Staples, et al., by deed dated July ll, 1956, from funds received from outstanding school bonds. A portion of this property was sold to the Commonwealth for Interstate Spur 581 under date of February 5, 1963, for $12.568,00; 2. The Booker T. Washington Junior High School site was acquired from Williamson Groves Corporation under date of October 26, 1927, and the costs thereof have been completely retired with money appropriated for the purpose from the General Fund. A portion of this property ~as sold to the Commonwealth for said Spur under date of September 23, 1963, for $1,100.00; and 3. The Gilmer Elementary School site was conveyed to the City by three different deeds; one from Nannie J. and J. H. Clamor under date of April 29, 1882, one from Elizabeth 5. and Joseph Gale under date of August 27, 1884, and one from S. W. raison, et ax., under date of June 27, 1950, and the costs thereof have also been paid long since with money appropriated for the purpose from the General Fund. A portion of this property was sold to the Commonwealth for said Spur under date of September 23, 1963, for $9,916.O0, As you know, the Charter of the City of Roanoke provides that title to school real estate shall be taken in the name of the City of Roanoke. While Council may have the legal right to appropriate the money received from the Commonwealth In con- sideratton of the above sales for any lawful purpose including, of course, the School Improvement Fund, and while it has adopted, so far as we know, no precedent in such matters, it seems to us that Council skoald appropriate the $12,560,00 to the School Improvement Fund since that money bus not been actually used for the purposes for mblch the bonds mere sold. In each of the other instances, the money has been fully repaid from the General Fund of the City; hence, we see no reason mhy the School Roard has any special equity in the money received from the sale or those sites. Respectfully submittedo · S/ J. Robert Thomas J. Robert Thomas City Auditor S! Ran G. Whittle Ran G. Whittle City Attorneyw Mr, Pollard moved that Conncil concur in the report of the City Auditor and the City Attorney 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. Mr. Pollard then offered the follomJng emergency Ordinance appropriating the $12,568: (~15q77) AN ORDINANCE to amend and reordain Section =150, 'Non Departmental,' of the 1964 Appropriation Ordinance, and providing for an emergency, · (For full text of Ordinance, see Ordinance Book No. 27, page 300.) 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, Wheeler and ~ayor Stoller ...... NAYS; None ............................................................ O, (Messrs. Bomles and Young absent) REPORTS OF COMMITTEES: LIBRARIES: Council having referred to a committee composed of Messrs. Walter L. Young, Cbairman, Vincent S. Nheeler, Benton O. Dillard, Hubert S, Leonard Evans R. Jessee and Mrs, Ralph K. Bomles for tabulation and report bids received for furnishing and installing steel bookstacks for the new Williamson Road Branch Library, the committee submitted a written report, together with a tabulation of th bids, and recommended that the Iow bid of the Estey Corporation in the amount of $4,019 be ancepted. Mr, Wheeler moved that Council concur in the recommendation of the committee and offered the folloming Resolution: (~15978) A RESOLUTION accepting the proposal of Es,ay Corporation for furnishing and installin9 steel boor shelving in the Williamson Road Branch Library; authorizing the Purchasing Agent to Issue the requisite p~rcbase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 27, page Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pallard and adopted by the following vote: ALES: Ressrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller ....... NAYS: None .............................................................O, (Messrs.Bomles and Young absent) 377 '378 UNFINISHED BUSINESS: NONE. CONSlDEEATXON OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATXON OF ORDINANCES AND RESOLUTIONS~ SYREETS AND ALLEYS: Ordinance No. 15957, vacating, discontinuing and closing a IS-foot alley lying between Lots 3 and 8, Block 11, Official Snrvey S. N. 3, Official Tax Nos. 1023103 and 1023104, for a distance of 150 feet east from Third Street, S. N** having previously been before Council for its first reading, read and laid over, was again before the body. la this connection, the City Clerk advised that Mr. John L. Walker, Jr., Attorney. representing the petitioner, has presented a deed conveying a triangular strip of land to the city for alley purposes as recommended by the City Planning Commission and that the deed has been approved by the office of the City Attorney as has Ordinance No. 15957. gr. Wheeler then offered the following Ordinance for its second reading and final adoption: (=15957) AN ORDINANCE permanently vacating, discontinuing and closing all that certain 15-foot alley lying between Lots 3 and 0, Block 11, Section S. M. 3, Official Survey, for a distance of 150 feet east from Third Street, $. M. (For full text of Ordinance. see Ordinance Book No. 27, page 2gl.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the folio#lng vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor ~toller ....... NAYS: None ........................................................... (Messrso Bowles and Young absent) ZONING: Ordinance No. 15958. rezoning property located on the westerly side of Winthrop Avenue, S. W., between Twenty-third Street and Twenty-sixth Street, described as Lots 13-18, inclusive, Block 5, ~inona Addition. Official Tax Nos. 1270113-1270118, inclusive, from General Residence District to Special Residence District, haying previously been before Council for its first reading, read and laid over. was again before the body, gr. Pollard offering the following for its second reading and final adoption: (=15958) 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. 27, page 293.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Rt. Wheeler and adopted by the following vote: AYES: Wessrso Garland, Jones, Pollard. Wheeler and Mayor Stoller ....... NAYS: None ............................................................ (Messrs. Bowles and young absent) ZONING: Ordinance No° 15959, rezoning property located on the north side of Cleveland Avenue, S. W., west of Thirteenth Street, described as part of Lots 4 and 5, Block 21, and parts of Lots 9 and 10, Block 22, ~est End and River View Land Company, bain9 a portion of Official Tax Nos. 1220420 and 1220421 and all of Official Tax BO. 1~20422, from General Residence District to Business District, having previously been before Council rot tis first reading, read and laid over, was again before the body, NFo #heeler offering the following for its second readic and final adoption: (nlS9S9) AN ORDINANCE to amend and reenact Title XV, Chapter 4. Section 1, of The Code of the Glty of Roanoke, 19§6, in relation to Zoning, (Par full text of Ordinance, see Ordinance Book No, 2?, page 293o} Mr. Wheeler moved the adoption of the Ordinance, The motion was seconded by Mr, Jones and adopted by the follo~Jng Tote: AYES: Messrs. Garland, Jones~ Pollard, Rheeler and RoTor Stoller ...... ~AyS: ~one ............................................................0. (Ressrs. Bowles and Young absent) BUOGEr-LIBRARIES: Council having directed the City Attorney to prepare the proper measure providing that Mr, William L. Whitesldes, LlbFar! Director. be paid his regular salary while serving on the professional staff of the information center operated by the American Library Association tn the United States Pavilion at the New York World*s Fair for the period September 9 - October 18, 1964, plus $10 per day for food and miscellaneous travel expenses, he presented summa In a discussion of the matter, Ruyor Stalier pointed out that the Library Director has offered to use accumulated vacation of 9 1/2 days as a part of the time involved and relinquished the Chair to move that the draft of Resolution be amended to provide that the Library Director shall be charged 9 1/2 days* vacation time, as offered by him for this leave of absence, the motion was seconded by Rt. Jones and adopted by the followin9 vote: AVES: Messrs. Jones, Stoller and ~heeler ............................. NAYS: ,Mr. Pollard and Vice Mayor Garland .............................2. (Beasts° Bowles and Young absent) NAYS: None ............................................................ (Messrs. Bomles and Young absent) 379 880 Mr, Jones then offered the following emergency Ordinance appropriating $400 for food and mlscelleaeoua travel expenses: (olSgaO) AN ORDINANCE to amend and reordaln Section al21, "Libraries,' of the 1964 Appropriation Ordinance, and providing for an. emergency, (For fall text of Ordinance, see Ordinance Dook No, 27, page Mr, Jones moved the adoption of the Ordinance, Mayor St*lief relinquished the Chair and seconded the motion which was adopted by the following vote: AYES: Hcssrs, Jones, Pollard, St*lieF, Mheeler and Vine Mayor Garland ................................. 5. NAYS: None ...................O. (Messrs, Bowles and Yoang absent) SEMERS AND STORM DRAINS: Councilhaving directed the City Attorney to prepare the proper measure initiating a se~er project to serve a portion of the Jackson Park and Lilyrlew Subdivisions south of Orange Avenue and east of Tinker Creek in the northeast section of the City of Roanoke at a total estimated cost of $30.000, he presented same. Mr, Jones moved that the draft of Resolution be amended to provide that the public hearin9 on the matter be held at 7:30 p.m., October 5, 1964, The motion was seconded by Mr, Wheeler and unanimously adopted, Mr. Wheeler then offered the following Resolution providing for the holding of a public bearin9 before Council on the matter: (~15981) A RE~OLUTION relatin9 to the proposed construction of a public sanitary sewer to serve a portion of the Jackson Park and Lilyview Subdivisions south'! of Orange Avenue and east Of Tinker Creek in the City, the cost of which, when the same shall have been ascertained, is proposed to be assessed or apportioned between the City and the abutting landowners served by said sanitary sewer line as provided in Article 2, Chapter 7, Title 15,1,, of the Code of Virginia, 1950, as amended. (For full text of Resolution, see Resolution Book No. 27, page 302,) Mr. Wheeler 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 Mayor Stoller .......5. NAYS: None .............................................................O. (Messrs. Boules and Young absent) Mith further reference to the matter, Mr. Wheeler moved that the City Manager be directed to advertise for bids on the project in order that the affected property owners might have an approximate idea Of ~hat the se~er will cost them if the project is approved at the public hearing, The motion was seconded by Mr. Garland and unanimously adopted, INSURANCE: Council having directed the City Attorney to prepare the proper measure continuing the present policy and method Of the City of Roanoke for obtaining its automobile public liability insurance coverage; continaing a committee and providing for the addition of new members to said committee to study the possible revision of the insurance program of the City of Roanoke, including a study of self Insurance; end exlending the scope or the duties or the committee to a study or the insurance program o! the Roanohe CJI7 Public School System. be presented same; whereupon. Mr. Nbeeler offered the rollomlng Resolution: (nlSg82) A RESOLUTIOM concurring in a verbal report or a majority ol a committee or the Council with reference to the Clty°s policy in securing Its automobile public liability insurance; continuing a committee to study possible revision Or the City's insurance program; and extending the membership of said committee and the tcope or its studies. (For full text of Resolution, see Resolution Rook No. 27, page 303.) Mr. Wheeler moved the adoption or the Resolutinn. The motion was seconded by Mr. Jones and adopted by the rolloming vote: AYES: Measrso Garland, Jones, Pollard, Wheeler and Mayor StoJJer ....... NAYS: None .............................................................0 (Messrs. Bowles and Young absent) ANNEXATION: Cnuncil having directed the City Attorney to prepare the proper measure complimenting city officials on their part in the successful annexation or the Edgehill section in Roanoke County by the City of Roanoke and welcoming the residents of that area to the City of Roanoke. he presented same; whereupon, Mr. Jones offered the following Resolution: (=15983) A RESOLUTION welcoming the residents of certain areas adjacent to the City who will become citizens or the City effective January !, 1965, as the result of recent annexation or additional territory to the City. (For full text of Resolution, see Resolution Rook No. 27, page 304.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller NAys: None .............................................................0 (Messrs. Bowles and Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-VIRGINIA TRAVEL COUNCIL: Mayor Stoller brought to the attention 0£ Council the question o£ taking out a membership iff the Virginia Travel Council. Dn motion or Mr. Jones, seconded by Mr. Mhceler and unanimously adopted, the matter was regerred to the budget commission in connection with its consideratio of the 1965 budget. On motion or Mr. Wheeler, seconded by Mr. Jones and unanimously ndopted, the meeting was adjourned. APPROVED ATTEST: ~- '~Ity Clerk Mayor 381 '382 COUNCIL, REGULAR REETIN6, Monday, August 24, 1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, August 24/ 1964, at 2 p,m,o the regular meeting hoar, with Mayor St*lief presiding, PRESENT: Councilmen Robert A, Garland, James E, Jones, Roy R, Pollard, Sr,. Vincent S. Mheeler and Mayor Murray A. Stoller .............................5, ARSENT: Councilmen Ralph K. Bowles and Walter L, Young ............... 2. OFFICERS PRESENT: Mr. Arthur $o Ovens, City Manager, Mr. Maudolph G, Whittle, City Attorney, and Mr, J, Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Y. V. ¥oelker, Pastor, Riverland Road Baptist Church. UEARING OF CITIZENS UPON PUBLIC MATTERS: DOUSING-SLUM CLEARANCE: Council having requested the City of Roanoke Redevelopment and Housing Authority to apply to the Urban Renewal Administration for funds to make a feasibility survey in the central business district of the City of Roanoke, Mr. Milllam S. Hubard, Chairman of the Redevelopment and Housing Authority, appeared before the body and presented a report on the Roanuke Central Area Urban Renewal Feasibility Survey, alon9 with supplementary reports on Marketability - Financing and Engineering, Mr. Hubard then presented the following communication requesting that Council approve the filing of a Survey and Planning Application with the Urban Renewal Administration for the Downtown East Project: *August 20, 1964 Honorable Mayor and Members of Council City of Roanoke Roanoke, Virginia Gentlemen: The Feasibility Survey Report (Central Area of Roanoke) has recently been made available to each Member of City Council, along with supplementary reports on Marketability - Financing, and Engineering. The Report recommends two Urban Renewal Projects to be carried out over a ten year period. The Commissioners of the Authority have thoroughly studied these reports. Me believe the recommendations for two redevelopment projects are fully substantiated by the Feasibility Survey Report and basically sound toward revitalizing the Downtown Roanoke Area. It is noted that the proposed Downtown East Project may be accomplished at a very nominal cost to the City. A more accurate cost estimate cannot be determined until comprehensive survey and planning is done. Yhe proposed Downtown East Project, in addition to eliminating blighted and deteriorated structures, would, at the same time, accomplish street improvements and new streets which are necessary to coincide with construction of Route SH1 through the eastern edge of the Central Ousiness District. This proposed Project is also related to completion of the Community Hospital in this Area. We request that City Council approve the filing of a Survey and Planning Application with the Urban Renewal Administration · which will enable the Authority to move forward on detail planning of the Downtown East ProJect. A copy of a Resolution is attached for consideration by the Council. Passage of this Resolution by Council will permit the Authority to requisition funds in an amount up to $?0,16To00 and do the necessary detailed survey and planning for redevelopment. When completed, the resulting plan would have to be approved by Council after public hearings before the City is committed or obligated. Sincerely yours. ClTV OF ROANOKE REDEVELOPMENT AND ilOUSING AUTHORITY S/ Wm, S. Hubard Mm, So Hubard Chairman" In this connection, a delegation of approximately 15 business and civic leaders appeared before Council in support of the request for comprehensive survey and planning of the Downtown East Project. Among those speaking were Mr. H. Clay Ferguson. President of Downtown Roan,he. Incorporated. Mr. T. T. Moore. President of the Roan,he Chamber of Commerce Mr. Lacy L. Pratt. President. and Mr. Edward C. Mo,maw. Executive Vice President of the Roanoke Merchants Association, L. Trinkle. Vice Chairman of The Citizens' Committee for Ur,uteri! Mr. James Roan,he. advised Council that the committee has not had a meeting to consider the report on the feasibility survey, but pointed out that it was the Citizens' Com- mittee who originally recommended that the feasibility survey be ~ade, Mr. H. H. Uoynton. Chairman of the City Planning Commission. and Mr. Werner W. Sensbach. Planning Director. stated that the City Planning Commission bas not had time to study the matter, but they feel confident the Commission will approve the proposed survey. Mr. J. W. Boswell appeared before Council to ascertain ~ether or not a public hearing will be held before final action is taken after the survey has been completed and was assured such a hearing will be held. Everyone present having been given an opportunity to be heard. Mr. Wheeler moved that Council concur in the request of the City of Roan,he Redevelopment and Housing Authority and offered the following Resolution: (=15984) A RESOLUTION approving the filing of a Survey and Planning Application by the City of Roanoke Redevelopment and Housing Authority with the Federal Government to defray costs of surveys and planning of a redevelopment project. (Fo~ full text of Resolution. see Resolution Cook No. 27. page 306.) Mr. Wheeler moved the adoptidn o~ the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard, ~heel'er and Mayor' St'oiler ....... WAYS: Wane ......................................... 2 .................. O, 383 COMPLAINTS: A delegation of approximately 25 residents of the southeast section appeared before Council end complained of conditions at Papa Jo, es. 1402 Wise Aveoue. S. £. Mayor Stoller informed the delegation that Council is in a position to consider violations of abe law only and asked if any of those present could cite specific violations of the law. Mrs. Mllliem H. Owen stated that she has seen women patrons of Papa Joe's use the streets as toilets, that men have used her yard as a toilet, that couples hare had sex relations Jn her yard under her bedroom window and in a taxi cab in front of her home, that she bas heard profanity used by both men and women and that on the occasions she has called the police they have either never answered the call or arrived too late for evidence. Citing instances of loud talking, throwing whiskey bottles, kicking tin cans and drunkenness were Mrs. J. E. Peters, Mr. J. E. Peters, Mrs. Jo Mrs. Gene C, Barlow, Mrs. F. G, Longnecker presented a communication, pointing out that Mr. George J. Christofis has recently received permission from the Board of Zoning Appeals to enlarge his business for the purpose of building additional rest room and powder room facilities, but charging that he has received permission before to build rest rooms and has enlarged the dance hall instead, that it seems to be the custom of featured dancers at Papa Joees to remove all of their clothing when they dance, Mrs. Longnecker stating that she has received threatening telephone calls telling bet that if she appeared before Council at its present meeting she would be sorry and concluding with the request that Council close this den of debauchery, this place of prostitution and ill fame for it is certainly a nuisance and a dJsgrae, to the city. Mrs. Harry J. Hagan presented a petition signed by fourteen residents of the area, opposing the granting of permission to Mr. George J. Christofis to enlarge his place of business, and a petition signed by 01 residents of the area and members of churches in the neighborhood, advising that they consider Papa Jo. ts a nuisance and asking that it be closed, Mrs. Hagan complaining of fights among patrons of the business establishment, heavy traffic and parking of automobiles in the area, the lateness of the closing hour of the establisheent and the lack of sufficient lightini at the parking lot for the place of business, Mrs. Hagan pointing out that the value of residential property in the area is being decreased and that many of the property owners are retired people who cannot afford to sell their homes and move elsewhere. Members of the Baptist churches sponsoring the Seventeenth Street Baptist Chapel at Seventeenth Street and Mime Avenue, S. E., who appeared in opposition to conditions at Papa Joets were Mrs. J. R. Cooper, Mr. Mo A. Gibbons, Jr** Mrs. H. Lo James, Mrs. M. M. Conningbam, the Reverend H. Ray Stone, Mrs. Gilbert J. Gobble and Mrs. M. C. Townsend. 385 Mrs, H, G, Nelson, Jr** questioned minors entering an establlshneot selling alcoholic beverages, Mr. Chrlstofis stated that he tries to run · decent piece, that he does not feel his business establishment is hurting the residential neighborhood because nt one time there wes a number of bootlegging Joints in the area frequenled by some of those very men present today, that it is physically Impossible for him to control the activities o! those who have left his place of business, that he does not understand how patrons of his establishment disturb the residents of the neighbor- hood in the early hours of the morning since he closes between midnight and 12:30 every day, but that he is willing to install more lights on his parking lot and employ a special police officer If that will solve the problem. Rayor Stoller voiced the opinion it would be to the interests of Hr. Christafis to straighten his place of business up and let up on the sensational parl of lhe floor shows a Jlllle bJl or lhe ¥lrglnla Alcoholic Beverage ConlroJ Board might take his ABC License away from him. Mr, Jones asked the City Attorney to furnish him with a copy of the laws prohibiting overcrowding of establishments and strippers in floor shows. Rt. Pollard suggested that Mr, Christofis regulate parking on his parkin9 lot so as to provide more parking space, voicin9 the opinion that Council should 91ye consideration to eliminating parking on Mise Avenue in an effort to reduce of the complaints. The matter having been discussed for over gO minutes. Mr. Wheeler moved that the complaints be referred to the City Homager for investigation with the Superintendent of Police. The motion was seconded by Mr. Pollard and unanimously adopted. BUDGET-PAY pLAN-LIBRARIES: Members of the Roanoke City Public Library Board appeared before Council with Mrs. Elisabeth M. Drewry. President. and Mr. $. P. Chockley, Chairman, Personnel Committee. acting as spokesmen, and requested that the professional staff of the Roanoke Public Library be reclassified under the Pay Plan, In this connection, Dr. ~llliom H. Keeler, Commissioner of Health, representing Dr. E. G. Gill, Chairman of the Board of Health, appeared before Council in support of the request of the Library Board, Dr. Keeler stating that the Board of Health is Of the opinion the entire matter of reclassifying city employees under the Pay Plan should be studied. On notion of Mr. Wheeler, seconded by Hr. Jones and unanimously adopted, the request of the Roanoke Public Library Board was referred to the Budget Con- mission in connection with its consideration of the 1965 budget. Hith further reference to the Pay Plan. Mr. Henry Bo Boynton, Chairman of the City Planning Commission, appeared before Council, advising that the Community Planner is leaving the City Plannin9 Department as of September 1, 1964, for a position elsewhere at a considerably higher salary, and that the Senior Planner 386 is leaving October 1, 1964t for the some reason, Mr. Soya,on requesting that the employees in the City Planning Department be reclassified under the Pay Plnn. On motion of Mr. Jones, seconded by Mr. Nheeler and unanimously adopted, the request of the City Planning Commission was referred to the Budget Commission in connection with its consideration of the 1965 budget, PETITIONS AND COMIdUNICATIONS: AUDITS-CITY SERGEANT: A communication from Mr. Jo Gordon Bennett, Auditor of Public Accounts for the Commonwealth of Virginia, transmitting a report on an audit of the accounts and records of Mr. Kermit E. Allman. Sergeant of the City of Roanoke, for the calendar year 1963. advising that the examination disclosed that proper accounting had been made for all funds of record coming into the custody of the City Sergeant during the year, mas before Council. On motion of Mr. Pollard, seconded by Mr. Garland and unanimously adopted, the communication and report were filed. STREETS AND ALLEYS: A petition of Mr. Michael K. Smeltzer, Attorney, representing Mrs. Harriett H. Naldrnp and Mrs. Carolyn 8. Yaldrop, requesting that 3 lO-foot alley Funning through Block 26, Nashlngton Heights, between Van Buren Street and Nest Side Boulevard, N. N., parallel to Melrose Avenue and Dakota Avenue, be vacated, discontinued and closed, was before Council. In this connection, a group of residents of the area appeared before Council. with Mr. N. B. Newman acting as spokesman, and presented a petition signed by nine residents, opposing the closing of the alley, Hr. Newman charging that there is an excavation surrounding the building on the property owned by the petitioners which varies from two feet in the front to twenty-five feet in the rear, (=15985) A RESOLBTION providing for the appointment of five viemers in (Messrs. Bowles and Young absent) 387 Mr, Pollard moved that the petition of the residents in the area be referred to the vlemers and the City Planning Commission for their information and that the complaint, of Mr, Netman that a hazardous condition exists due to an excavation surrounding the building occupied by Klensall Gleaners 6 Shirt Laundry ah 3922 Melrose Avenue, N, ~** be referred to the City Manager for investigation and report to Council, The notion was seconded by Mr. Mheeler nod unanimously adop~ REPORTS OF OFFICERS: STREET LIGNTS: The City Manager submitted a written report, recommending that a street light be installed at the dead end of Rlghwood Road, N. Mr. Mheeler moved that Council concur in the recom=endatfoa of the City Manager and offered the following Resolution: (#15986) A RESOLUTIOM authorizing the installation of one 2500 lumen overhead incandescent street light at the dead end of Blghwood Road, N. (Far full text of Resolution, see Resolution Book No. 27, page 309.) Mr. Mheeler moved the adoption Of the Resolution. The motion was second, by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Rheeler and Mayor Stoller ......5. NAYS: Mane ............................................................O. (Messrs. Bowles and Young absent) BBOOET-CITY MANAGER: The City Manager submitted a written report, recommending that $1,000 be appropriated to Personal Services under Section #3, "Manager," of the 1964 budget, for extra help, advising that this expense has been necessitated by the reproduction equipment in his office and that the savings In reproduction costs more than offsets the additional expense for extra help. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15987) AN O~DINANCE to amend and reordain Section =3, "Manager," of the 1964 Appropriation Ordinance. and providing for an emergency. (FaF full text Of Ordinance, see Ordinance Rouh No. 27, page 309,) Mr. Nheeler 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 ....... NAYS: None .............................................................0 (Messrs. Bowles and Young absent) BUDGET: The City Managersuhmitted a written report, advising that at it last session the General Assembly of Virginia increased the salaries of the Judges of the Bustings Court, Circuit Court and Law and Chancery Court, effective July 1, 1964, and recommended that the city appropriate its pro~rata share of the Increase in the amount of $250.00 for the Hustings Court, $152.88 for the Circuit Court and $250,00 for the Law and Chancery Court. Mr, Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: 388 (mlig88) AN ORDINANCE to amend and reordoin certain sections of the 1964 Appropriation Ordinance, and providing for aa emergency, (For full text of Ordinance, see Ordinance Boob No, 27, page 310.) Mr. Pollard moved the adoption of the Ordinance, The motion mas seconded by Mr, Mheeler and adopted by the foil*ming vote: AYES: Messrs. Garland0 Jones, Pollard, Mheeler and Mayor 5toiler NAYS: None .............................................................O, (Messrs. Bowles and Young absent) BUDGET-ELECTIONS: Council having recommended that the Roanoke City Electoral Board have the office of the Registrar remain open from 8 a.m,.to 9 p,m,, Tuesday, Mednesday and Thursday and from 9 a.m, to I p.m, on Saturday during the month of September in connection mith a request of the Voters Registration Committee that the office remain open in order to give the working citizens an opportunity to City Manager to confer with the Electoral Board as to the amount of appropriation needed for extra help if the Electoral Board decides to extend the hours of the office of the Registrar in accordance with the recommendation of Council, the City Boyer, Chairman of the Electoral Board, advising that the Board has arranged for the body which will require an additional appropriation of at least $500 for extra help, the City Manager recommending that this appropriation be made, Mr. Mheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#15989) AN ORDINANCE to amend and reordain Section ~132, *Electoral Board,* of the 1964 Appropriation Ordinance, and providing for an emergency. IFor full text of Ordinance, see Ordinance Book No, 27, page 310.) by Mr. Jones and adopted by the following vote; NAYS: None .............................................................O. SENERS AND STORM BRAINS: Council at its meeting on June 100 1963, having $o W., from its intersection with Wright Road to Fishburn Park, having created a committee composed of the members of Council to hold a public hearing on the matter, and having authorized negotiations for the acquisition of all easements required report, advising that the Trustees of the First Presbyterian Church have offered to 389 Avenue. S. #.. for the sum of $100. the City Manager pointing out that this Is not all of the right of way required for ~the project, but is u key parcel which Is needed before construction can begin, and recommending that the offer he accepted. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~15990) AN ORDINANCE providing for the acquisition of a perpetual easement for a sanitary sewer main necessary for the construction of the Mright Road sewer project; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27, page 311.) Mr. Wheeler 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 and Mayor St,lieF .......5. NAYS: None .............................................................O, (Messrs. Bowles and Young absent) SALE OF PROPERTY-STREETS AND ALLEYS: fhe City Manager submitted the following report with reference to selling to Mr. Harry ~, Johnson, SF,, the City*s portion of that part of Fifth Street, N. E., which has been closed: *Roanoke, Virginia August24. 1964 To the City Council Roanoke, Virginia Gentlemen: ! am forwarding herewith a comaunication dated August 19, 1964. from Mr. J. fate McBroom advising that in the transfer of Lots I and 2, Block B, Roanoke Land and Improvement Company, located off the norths*st corner of Madison Avenue and old 5th Street, N. E., to Barry G. Johnson, Sr., the fact that Fifth Street, N. E., had been closed prior to the transfer was over- looked and one half of the said street abutting these lots and which had accrued to the City upon abandonment was not included in the deed of transfer, Mr, Johnson is now requestiu9 that the City deed to him the portion ~f the street involved. Perhaps this should be referred to the real estate committee for its consideration, since it was not included in their report to yon recommending sale of the lots. Respectfully submitted, S/ A. S. Owens City Manager~ Mr. Wheeler moved that the request be referred to a committee composed of Messrs, Arthur S, O~ens, Chairman, J, Robert Thomas, Randolph G. Whittle and Roy R. Pollard, St,, for study, report and recommendation to Council. The motion mas seconde~ b~ Mr. Garland and unanimously adopted. STATE CORPORATION COMMISSION: The City Auditor submitted a written report transmitting a comparison of Public Service Corporations Valuations and Tax Levies for the years 1963 'and 1964. showing an increase of $17,121,69 which has resulted in a net increase of $17,122.52 in the revenue estimated for 1964, On motion of Mr. ~heeler, seconded by Mr. Pollard and unanimously adopted, the report was filed. 390 REPORTS OF COMMITTEES: PARES AND PLAYGROUNDS-STATE HIGHMAYS: Council having referred to u com- mittee composed of Messrs, James E, Jones, Chairman, H, Cie*us Broyles end J, Robert Thomas, for tabulation and report, bids received for certain improvements in relation to the relocation of a portion of Yellom Rountain Road, S, Ko, the commltte* submitted a written report, together ulth a tabulation of the bids, and recommending that the low bid of Albert Brothers Contractors, Incorporated, in the amount of $44,544,50, be accepted; also, that $44,560,50 be appropriated to cover the cost of the contract and the advertising cost of $16.00, Mr, Jones moved that Council concur in the recommendation of the committee and offered the foil*ming emergency Ordinance accepting the proposal of Albert Brothers Contractors. Incorporated: (m15991) AN ORDINANCE accepting the proposal of Albert Brothers Contract°rl~* [dc** [or certain improvements in relation to the relocation of a portion of Yel]om ountaiu Road; authorizing the proper City officials to execute the requisite contract; rejecting all other bids for said work; and providing for an emergency, (For full text of Ordinance, see Ordinance BookNo. 27, page 311,) Mr. Jane s moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor St*lief ....... 5, NAYS: None ........................................................... (Messrs, Bo~les and Young absent) ~r. Jones then offered the following emergency Ordinance appropriating $44,560.50: (=15992) AN ORDINANCE to amend and reordain Section =170, #Capital,# of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 27, page 312.) Bro Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: 'Messrs. Garland, Jones, Pollard, Wheeler and Mayor Stoller ........ ~AY$: None .............................................................. Oo (Messrs. Bowles and Young absent) STREETS AND ALLEYS: Council having referred to a committee composed of ~essrs. Boy R. Pollard, Sro, Cha'trman, H. Cletus ~royles and J. Robert ~homas, for tabulation and report, bids received on the extension of hhiteside Street, ~o from the end of existing widening to Carvins Creek. the committee submitted a written report, together with a tabulation of the bids. recommending that the bid of Adams Construction Company and B 6 S Construction Company. in the amount of $38,085.30, be accepted. Mr. Pollard moved that Council concur in the recommendation of the com- mittee and offered the following emergency Ordinance: (gl$gg3) AN ORDINANC£ accepting the JQiat proposal of Adans Construction Company, end H ~ S Constraotioa Co~pany~ for certain i~ptoveseats ia connection ~lth the exteosion of ~hitenide ~treet, N. E.; onthorizieg the proper City officials to execate the reqaisite contract; r,eJecting ell other bids for said Hark; nod pro- Tiding for an (For fall text of Ordinance, see Ordioaece Rook No. 2?, page Mr. Pollard moved the adoption of the Ordinance. The motion sas seconded by Bt. Nheeler nad adopted by the folloHing vote: AVES: Messrs. Garland. Jones, Pollard, Mheeler and Mayor SCalier ......$. ItAyS: None ............................................................ O. (ResSrSo BoHles and ¥oon9 absent) STREE?S AND ALLEYS: Council having referred to a committee composed of Messrso Vincent S° Mheeler, Chairman, H. Cletaa Rroyles and J. Robert Thomas, for tabulation and report, bids received on Hideoing the north side of Mestoeer Avenue, S° Mo, ~est of Grandin Road, the committee submitted a Hritten report, together Hlth a tabulation of the bids, recommending that the IcH bid of 5. R. Draper Paving Co~pany, Incorporated, in the amount of $3,0~9o62, be accepted. In this connection° Mr. Nheeler submitted a verbal report, advising that Gnrland~a Grandin Road Dragstore No. 6, Incorporated, has offered to bear the cost of the project if Council sees fit to authorize the ~Or~ to be done, but that the corporation has not as yet submitted a formal offer pending a determination of the actual cost Of the ~ork, and moved that action on the matter be deferred until thc formal offer is received. The motion Has s~conded, by Mr. Pollard and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: lONE. INIRORUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 15966, rezoning property located on the south side of Colonial Avenue, S. M., between T~enty-first Street and T~epty-second Street, described as Lot 8, Block 3, Colonial Heights, Official Tax No. 1271208, from General Residence District to Dnsiness District, having previously been before Council for its first reading, read and laid over, Has again before the body, Mheeler offering the follosing for its second readin9 and final adoption: (~159~5) AN ORDINANCE to ahead and reenact litle 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° 27, page 304.) ~r. Nheeler moved the adpptton of the Ordinance. ~he motion Has seconded by Mr. Pollard and adopted by the folloHlng vote: AYES: Messrs. Garland, Jones, Pollard, Nheeler and Mayor Stoller ......5 NAYS: None ......................................................... O. (Messrs. BoHles and Young absent) 391 392 BUDGET-MATER DEPARTMENT: Ordinance No, 15974, appropriating $3,$00 to Carvlns Cove Improvements under Section si?O, *Capital,u of the 1964 budget, to complete the construction of rest ragas at Cnrvins Core, having previously bee, befol 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: (u15974) AN ORDINANCE to amend and reordain Section ~170, *Capital,# of the 1964 Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No, 27, page Mr. Pollard moved the adoption of the Ordinance. The motion mas seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard and Mayor St,lieF ................4. NAYS: Mr. Mheeler ..................................................... 1. (Messrs. Bowles and Young absent) BUDGET-PAY pLAN: COUnC il having directed the City Attorney to prepare th~ proper measure authorizing the City Manager to fill certain vacancies in various whereupon, Mr. Garland offered the foil,wi.9 Resolution: (~15994) A RESOLUTION authorizin9 the City Manager to employ certain (For full text of Resolution, see Resolution Book No, 27, paoe 314,) by Mr, Pollard and adopted by the following vote: NAYS: None ..................................................... a ...... O. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having directed the City Attorney to prepare the proper measure providing that S. Lewis Lionberger Company the City Incinerator, less a retainage of $2,251,14 for incidentals which will be following Resolution: (~15995) A RESOLUYIO~ relating to the City*s contract with $. Lewis Lionberger Company for certain alterations and repairs to the City Incinerator. (For full text of Resolution, see Resolution Book No. 27, page 314,) by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Wheeler and Mayor St. Ilar NAYS: None ..................................................... ~ .... O. LANDMARKS-LIBRARIES: Camac il having directed the City Attorney to prepare the proper measare directing the City Manager to cause the old library building la 393 Elmuood Park to be demolished and to continue use of the building presently occupied by the Senior Citizense Center for that purpose until such time ns a new .location has been obtained for theSenJor Citlzens~ Group, he presented n Resolution directing the City Manager to demolish the old library building and repealing the Resolution calling for the demolition of the building presently occupied by the Senior Citizens* Center; whereupon, Mr. Jones offered the following: (s15996) A RESOLUTION directing the City Munager to cause the orderly demolition and removal of the old library building in £1mwood Park; and repealing Resolution No, 15804, relating to the demolition of the sane and other property, (For full text of Resolution, see Resolution Book No. R?, page 315,) Mr. Jones ~oYed the adoption of the Resolution. The motion was seconded by Mr, Mheeler and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard. Wheeler and Mayor St*lieF .......5, NAYS: None ............................................................ O. (Wessrs, Bomles and Young absent) SCHOOLS: Council having directed the City Attorney to prepare the proper measure providing that the sums received by the City of Roanoke from the Common- wealth of Virginia for a portion of the Booker T. Mashington Junior High School site (~15997) A RESOLUTION relating to the disposition of certain funds electrical work, Mr. Wheeler offering the following emergency Ordinance appropriati }5,000 to cover this work: (ulSg98) AN ORDINANCE to amend and reordain Section ~170, #Capital," of the 1964 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Sook No. 2?, page 316,) 394 Hr. Wheeler moved the odoption of the Ordinance, The motion wis seconded by Mr, Jones and adopted by the fo~lomlng vote: AYES: Messrs, Garland~ Jones. Pollards Wheeler end Wayor Stoller ...... NAYS: None ......................................................... O. (Messrs. Bowles and ¥onag absent) la this connection, Mr, Wheeler also submitted a verbal reports advising that the Incinerator Committee has held a meeting with the architects end n repre- sentative of the Pyro Incinerator Company with regard to solving the problem of fly ash and burning debris from the smoke stack of the Incinerator and that the committe~ has been advised, the only way to guarantee the solving of the problem would be to install n spray chamber at an estimated cost of $45,000 which not only will make the burning of refuse foolproof, but will increase the capacity of the Incinerator approximately 15~, Mr. Wheeler advising that it Is the recommendation of the Incinerator Committee that authority be granted to have a representative of the firm of Alvord, Burdlck and Howson, Consulting Engineers. inspect the plans and specifica- tions for the spray chamber before the project is approved, Mr, Wheeler moved that Council concur in the recommendation of the committee. The motion was seconded by Mr, Jones and unanimously adopted. COUNCIL: Mr. Garland pointed out that Councilman Walter L. Young suffered a heart attach on August 17, 1964, while on vacation at Myrtle Beach, South Carolina and moved that Council express its concern over Mr. Young*s illness and wish him a speedy recovery. The motion was seconded by Mr, Wheeler and unanimously'adopted, ROUSING-SLUM CLEARANCE: The City Clerk reported that Mr. C, Fred Wangus has qualified as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term of four years beginning September l, On motion of Mr, Wheeler, seconded,by Mr. Pollard and unanimously adopted, the report was filed, On motion of Mr. Jones, seconded by Mr. Garland and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: / City Clerk . Mayor J S l COUNCIL, REGULAR ME~TING Monday, August 31, 1964. The Council of the City of Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Monday, Augnst 31, 1964, at 2 p.m** the regular me*tin0 hour, with Mayor St*liar presiding. PRESENT: Councilmen Ralph K. Bowles, Robert A. Garland, James E. Jones, Uoy R. Pollard, St., Vincent S. Mheeler and Mayor Murray A. St*liar .............. ABSENT: Councilman Walter L, Young ................................... 1, OFFICERS PRESENt: Mr. Arthur S. Owens, City Manager. Mr. Randolph G. MhJttie, City Attorney, and Mr. Jo Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend F. Swartz, Pastor, Summerdeaa Church of the Brethren. COUNCIL: Mayor 5toiler noted that this is the last day of the term of Mr, Ralph K. Bowles who was appointed to fill the vacancy created by the reslgnatio~ of Mr. Benton O. Dillard to run for the office of Mayor and presented Mr. Bowles with an engraved silver tray from his colleagues, together with a framed certificat~ of merit. Mr. Bowles responded by expressing his appreciation, stating that even though he has served on Council for only a few months he has come to appreciate the problems confronting the body. MINUVE5: Copy of the minutes of the regular meeting held on Monday, August 17, 1964, having been furnished each member of Council. on motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. REARING OF CITIZENS UPON PUULIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: AUDITS-CLERK OF COURTS: A Communication from Mr, J, Cordon Bennett, Auditor of Public Accounts for the Commonwealth of Virginia, transmitting a report on a Joint audit with the City Auditor of the accounts and records of Mr, Nalker Carter, Jr°, Clerk of the Hnstings Court, Court of Law ann Chancery and Circuit Court of the City of Roanoke, for the calendar year 1963, advising that the examination disclosed that full accounting had been made for all funds of record coming into the custody of the Clerk of Courts during the year, was before Council° On motion of Mr. ~heeler, seconded by Mr. Pollard andunanimously adopted the communication and report sere filed. STREETS AND ALLEYS: A communication from Mr. A. ~. Uuddleston, Chairman of the Board of Trustees of Belmont Baptist Church. advising that the church wants to construct a new pair of steps with a landing at the top on the Stewart Avenue side of its building to correct an unsafe situation which now exists, but that it will be necessary to encroach on city property to a maximum of fifteen inches to insure sufficient space for the landing, and requesting permission to encroach on city property for this purpose, was before Council. 395 396 On motion or Mr, Mheelero seconded by Mr, Pollard and unanimously adoptedt the re,quest mas referred to the City Manager for study, report end recommendation to Council. BUD6ET-SCBOOLS: A communication from the Roanoke City School Board, advising that, since May 5, 1964, all funds received from the sale of arts and vocational supplies have been deposited in the General Fund, that this revenue mas ri,at anticipated i.n the preparation of the 1964 school budget, that to date funds in excess of $3,000 hare been deposited in the Federal Fund. and requesting that. $2,642 be appropriated to Instructional Supplies under Section n2000, 'Schools - Instruction." end that $358 be appropriated to Maintenance of Instructional and Office Equipment under Section #?000. 'Schools = Maintenance of Plant and Equipnent.~[ of the 1964 budget, in order that the School Board will be able to purchase necessar~t items, was before Council. ' Mr. Jones moved that Council concur in the request and offered the following emergency Ordinance: (~15999) AN ORDINANCE to amend and reordain Section ~2000, "Schools- Instruction,' and Section m?O00, "Schools-Maintenance of Plant and Equipment," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 317o) ~r. Jones noted the adoption of the Ordinance. Thc motion was seconded b~ Mr. Wheeler and adopted by the following vote: AYES: ~essrs. Boules, Garland, Jones. Pollard, Wheelerand Mayor Stoller ................................. 6. NAYS: None ...................O. (Mr. Young absent) BUDGET-SCHOOLS: A communication from the Roanoke City School Board, advising that the revenue from tuition for the summer school program exceeded the amount anticipated in the preparation of the 1964 school budget by $4,330.50 due to an increase in participation in the program, and requesting that this amount be appropriated to Personal Services under Section mllO00, "Schools - Special Instrno- tine,' of the I964 budget, to pay the salaries of summer school teachers, #as before Council. Mr. Wheeler moved that Council concur in the request of the School Board and offored the following emergency Ordinance: (#16000) AN ORDINANCE to amend and reordain Section nllO00o 'Schools- Special Instruction," of the 1964 Appropriation Ordinance, and pro¥idin9 for an (For full text of Ordinance, see Ordinance Book No. 27, page 317.) Mr. Wheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler and Mayor Stoller ................................. 6. NAYS: None ................... O. (Mr. Young absent) BUDGET-SIDEWALK, CURB AND GUTTER~SCHOOLS:, A communication from the Roanoke City School Board, requesting Council to install sidewalk, curb and gutter OR the east side of Canterbury Roads S, R., along the Uasenn School property, and on t~e southeast side of Trlnkle Avenue, N, R,, along the James Breckinridge Junior High School site, at no expense to the School Hoard since the Hoard does not have uny funds for these projects, was before the body. In this connection, a group of representatives of the school system oppeared before Council. with Mr. Roy Lo Webber, Chairnan of the School Board, acting as spokesman, Mr. Rebber advising that the total estimated cost of the two projects is $?,916.96, that ordinarily the School Board would pay one-half of the total cost on the same basis as property owners, but since there are no funds available in the school budget for this purpose it Mill be necessary for Council to appropriate $3,95B.4B to the School Improvement Fund or adopt a Resolution authorizing and directing the City Manager to install the sidewalk, curb and gutter at the two locations mith city funds, if the projects are to be carried Out. In a discussion Of the matter, Mayor Stoller pointed out that Council has jost appropriated $12.568 derived from the sale of right of way for Interstate Spur 581 through the Watts site to the School Improvement Fund and voiced the opinion that the School Board could pay its one-half of the total cost of the two projects from this amount. Mr. Webber replied that all additional appropriations for school improve- ments would be reflected to the advantage of the city school system in its annual report to the State Superintendent of Schools. After a further discussion of the matter, it being pointed out that the city has unexpended funds in its contract for sidewalk, curb and gutter and Council being of the opinion, upon advice from the City Attorney, that the two projects can be accomplished without an appropriation or a Resolution approving the projects, Mr. Bowles moved that Council concur in the request of the School Board and that the City Manager be directed to proceed with the installation of the sidewalk, curb and gutter out of available funds. The motion was seconded by Mr. Wheeler and unanimously adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending that a street light be installed in the vicinity of ?10 Queen Avenue, N, Wo Mr, Pollard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~16001) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent, street light in the vicinity of 710 Queen Avenue, N. (For full text of Resolution, see Resolution Book No. 27, page Mr. Pollard moved the adoption of the Resolution. ~he motion was seconded by Mr. Wheeler and adopted by the following vote: 397 '398 AYES: Messrs, Bowles, Gorlond, Jones, Pollard, Nheeler and Mayor St,liar ............................... NAYS: None ...................O, (Mr, Young absent) BUOGET-FIRE OEPARTMENT: The City. Manager submitted a written report, advising that the Repair Parts - Equipment account under Section m62, mFire," of the 1964 budget, has been depleted due to the conversion of the No. I Ladder Truck to air brakes and recommended that $1,000 he transferred from Maintenance of Machinery end Equipment to this account, Mr, Nheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~16002) AN ORDINANCE to amend and reordain Section ~62, 'Fire,' of the lgb4 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 27, page 318,) Mr, Nheeler moved the adoption of the Ordinance, The motion was seconded by Mr. Pollard and adopted by the following vo~e: AYES: Messrs. Bowles, Garland, Jones, Pollard, Mheeler and Mayor St.liar ................................. 6, NAYS: None ...................O, (Mr, Young absent) BUDGET-ANNEXATION: The City Manager submitted a written report, recom- mending that $10,000 be appropriated to Annexation under Section ~150, *Non Departmental,* of the 1964 budget. After a discussion of the matter, Council indicating a desire to receive a breakdown of the annexation costs from the City Attorney, Mr. Mheeler offered the f. Il,win9 emergency Ordinance: (~16003) AN ORDINANCE to amend and reordain Section glSO, *Non Depart- mental," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27. page 319,) Mr. Nheeler moved the adoption of the Ordinance, The motion was seconded by Mr. Bowles and adopted by the following vote: AYES: Messrs, Bowles, Garland, Jones, Pollard, Wheeler and Mayor 5toller ................................. NAYS: N,ua .................. O, (Mr. Young absent) BUDGET-RECREATION DEPARTMENT: The C~ty Manager submitted a written report, advising that due to the overall increase in participation in the recreation pr,gram of the Department of Parks and Recreation an additional $1,O00will be needed for Playleaders and $2,000 for Referees to finish out the remainder of the year, the City Manager recommending that $3,000 bo appropriated to Personal Services under Sec.lop ~111, "Recreation, parks and Recreational Areas," of the 1964 budget, for this purpose? Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the f,Il,wing emergency Ordinance: (s16004) AN 0ROINANCB to am. ad and re~rdain Section Sill, 'Recreation, Parks and Recreational Areas,' Of the 1964 Appropriation Ordioance, nad providing for aa emergency. (For full text of Ordinance, see Ordinance Boot No. 27, page 319.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Jones and adopted by the following vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler and Mayor St*liar .................................. 6. NAYS: None ...................O. (Nr. Young absent) BUDBET-RUNICIPAL BUILDING: The City Ranager submitted a written report, recommending that $1,O25 be appropriated to Not.rials, Supplies and Contractual Services under Section ~88, 'Maintenance of City Property,' of the 1964 budget, to provide for the replacement of radiator traps in the Runicipal Building and the Municipal Building Annex. Mr. Pollard moved that Council concur in the recommendation of the City Nanager and offered the foil*win9 emergency Ordinance: (~16005) AN ORDINANCE to amend and reordain Section :88, NMaintenance of City Property,' of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 2?, page 320.) Mr. ~ollard moved the adoption of the Ordinance. The motion was seconde~ by Mr. Bowles and adopted by the foil*win9 vote: AYES: Messrs. Bowles, Garland, Jones, Pollard, Wheeler and Mayor St*liar .................................. 6. NAYS: None ...................O. (Mr. Young absent) BUDGET-AIRPORT: The City Manager submitted a written report, transmittin~ a communication from Mrs. L. Ernest Osborne, Chairman of the Civic and Hands Com- mittee of the Roanoke Council of Garden Clubs advisin9 that the committee has unanimously approved a program of landscapin9 around the parking area at Roanoke Municipal (Woodrum) Airport, that since the minimum cost of this planting will be approximately $750 and the Garden Council only has $500 available to apply to this project it will be necessary to obtain $250 to supplement this cost, and that facilities for properly watering the planting will also be needed, the total sum of $?S0, including the $500 to be donated b~ the Council of Garden Clubs, be appropriated to Materials - Building and Property unde,r Section ~89, 'Airport,# of the 1964 budget, to cover the cost of the planting, and that $830 be appropriated to Utilities to provide facilities for watering the planting. After a discussion of the matter, Mr. Pollard moved that the question be referred to a committee composed of Messrs. Roy L. Webber, Chairman, Roy R. Pollard, St., Arthur S. Owens, Robert ~. Woody, J. W. Burr.ss, E. R. Vought, Milllam H. Carde~ and T. E. Frantz, Jr.. for study, report and recommendation to Council as soon as possible. The motion was seconded by Er. Jones and unanimously adopted. '~399 I 400 BUDGET-PAY PLAN: The City Manager submitted the following report0 recommending that certain vacancies In various municipal departments be filled since they are of an emergency nature: 'Roanoke, Virginia August 31, 1964 To the City Council Roanoke, Virginia Gentlemen: Th~ following employees are needed for the efficient operation of the City: WELFARE DEPARTMENT -Caseuorker, Grade 10, Step 2, $325 City Home - Orderly, Grade 20, Step 1, $170 Detention Home - Janitor. Grade 20, Step 1, $170 PUBLIC WORKS - Sewage Treatment Plaut Assistant Operator - Croup 14, Step 1, $242.50 Sanitation Department Clerk-Dispatcher, Group 14, Step 1, $242.50 Clerk Time-Keeper, Group 14, Step 1, $242.50 Respectfully submitted, S/ Arthur S. Owens City Manager# Mr. Garland moved that Council concur in the recommendations 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. STREETS AND ALLEYS: Council having referred to the City Manager for investigation and report a complaint of Mr. M. B. Newman that a hazardous condition exists due to an excavation surrounding the building Owned by Mlensall Cleaners and Shirt Laundry at 3922 Melrose Avenue, N. M., in connection with an application of Mrs. Daffier W. Haldrop and Mrs. Carolyn B. Waldrop to vacate, discontinue and close a 10-foot alley running through Block 26, Washington Heights, between Van B~ren Street and Nest Side Boulevard, N. M** parallel to Melrose Avenue and Dakota Avenue, the City Manager submitted a written report, advising that there is an excavation for a depth of 12 feet at the rear of the building, that the owners plan to construct a retaining wall at the rear of the building, but since the building is against the rear property line adjacent to an alley the alley must be officially closed or the property owners must get permission from the city to construct' the wall on the alleyl meanwhile, a fence is being constructed around the excavation to eliminate any possibility of an accident. Mr. Jones moved that a copy of the report of the City Manager be forwarded to the City Planning Commission for its information in connection with its consider- ation of the application to vacate, discontinue and close the alley. The motion was seconded by Mr. Garland and unanimously adopted. ' CITY AUDITOR: The City, Auditor submitted a financial report of th~ City of Roanoke for the month of July, 1964. Om motion of Mr. Mheeler, seconded by Mr. Bowles and unanimously adopted, the report mas filed. AUDITS-SCHOOl.S: The City Auditor submitted a written report on an examination of the records of the Preston Park Elementary School for the school year ending June 30, 1964, advising that all the records Mere in order. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the report was filed. EASEMENTS-SPECIAL PERMITS: The City Planning Commission submitted the following report with regard to a request of the Plantation Pipeline Company for permission to construct steel petroleum products pipeline or pipelines across curtail properties owned or controlled by the City of Roanoke: 'August 27, 1964 The Honorable Murray A. Stoller. Mayor and Members of City Council Roanoke, Virginia Gentlemen: The City Planning Commission considered this request at its regular meeting of August 26, 1964. Representatives of the Plantation Pipe- line Company appeared to display maps and explain the proposed construction Of a pipeline starting at a point near Yellow Mountain Road to a point near the intersection of Roanoke River and Tinker Creek where the construction of a tank farm is presently underway. The Oirector of Public Works informed the Commission that he had carefully studied the technical details of the pipeline construction and that he was in agreement with the proposed routing of the line. The Planning Commission considered this request particularly from the viewpoint of compatibility with existing development in the general area. After careful study of all factors involved, it was determined that proposed construction of a pipeline would not interfere with the amenities Of the neighborhoods which it penetrates and that the line can be constructed without inconvenience to the citizens, The Planning Commission therefore recommends that City Council grant the request of the Plantation Pipeline Company to construct a pipeline across certain municipal properties as identified on Plan No. A-C-I$23-PL-186, prepared by the Plantation Pipeline Company of Atlanta, Georgia, under date of July 10, 1964, provided that the technical details are acceptable to the Department of Public Works and the financial compensation is acceptable to City Council. Very truly yours, S/ Werner K. Sensbach for Henry B. Boynton Chairman" Mr. Jones moved that the report be referred to a committee composed of Messrs. Murray A. 5toiler, Chairman, Arthur S. Owens and James N. Kincauon in connection with its negotiations with the Ford, Bacon 6 Oavis Construction Corpora- tion, Agent for the Plantation Pipeline Company, as to whether the company should pay a flat sum or annual rate for the permit. The motion was seconded by Mr. ~heelei and unanimously adopted. STREETS AHD ALLEys: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. Harry G. Johnson, · 401 4O2 et ax** that the portion of Hadlson Avenue, N. E** eztendin9 easterly from its intersection with the former easterly side of Fifth Street, N. E, (now closed), for a distance of 75 feet, be vacated, discontinued and closed, the City Planning Commission submitted a nritten report, recommending that the request be granted, Council baring also appointed viewers in connection with the application. the viewers submitted a written report, advising that they have visited and viewed the street In question and the adjacent neighborhood and are unanimously of the opinion that no inconvenience would result, either to any individual or to the public, from vacating, discontinuing and closing said street. It appearing that the petitioners are seekin9 the closin9 of a portion of Madison Avenue in order to consolidate properties presently owned by them on both sides of the street, Hr. Wheeler moved that the matter be referred to a committee composed of Messrs, Arthur S. O~ens, Chairman. Randolph G. Whittle, J, Robert Thomas end Roy R. Pollard, St** for study, report and recommendation to Council. The motict was seconded by Mr. Jones and unanimously adopted. STREETS A~D ALLEYS: Council having referred to the City Planning Con- mission faf study, report and recommendation a request of ~indshield Glass Distributors Company, Incorporated, that a IR-foot alley running through Block ?, p.m., Oclober 5, 1964o The motion was seconded by Mr. Jones and unanimously adopted, t! ,! After a discussion of the matter, Mr, Pollard moved that the City Att*me] be requested to render un opinion us to possible compensation the city might receiw from adjacent property owners for the land reverting to them when ~treets and alleys are elosed, The motion mas seconded by Mr, Jones and o~animously adopted, BUDGET-DEPARTMENT OF PUBLIC MORKS: Mayor St*lief brought to the attentlol of Council a qoestion of appropriating $1,250 to Travel Expense and Education under Section uSO, #Engineering,# of the 1964 budget; uhereupon. ~r. Garland offered the foil.ming emergency Ordinance: (u16006) AN ORDINANCE to amend and reordaln Section'#80, #Engineering," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27, page 320,) Hr. Garland moved the adoption of the Ordinance. The motion uaw seconded *by Hr. Mheeler and adopted by the following vote~ Ay.CS: Messrs. Bowles, Garland, Jones, Pollard, Mheeler and Mayor Stoller ................................6, NAYS: None ...................O. (Mr. Young absent) SPEOIAL PERMITS-GASOLINE: Council at its meeting on July 27, 1964. havin! adopted a Resolution granting Humble Oil and Refining Company a permit to install one 4-inch and one 6-Inch pipeline and one 6-inch electrical conduit under Ninth Street. N. E.. in order to connect with its terminal facilities at 907 Seventh Street. N. E.. Mayor Stoller pointed Out that at the tine Council granted the permil it was onaware that some cities charge for such permission and relinquished the Chair to move that the City Manager be instructed to inform the Humble Oil and Refining Company that the permission granted for the pipelines and conduit was inadvertently granted without charge and that the company will he requested to pay the same charge for the permit as Council shall fix in connection with a similar request of Ford. Bacon ~ Davis Construction Corporation. Agent for the Plantation Pipeline Company. now pending before the body. The motion was seconded by Mr. Pollard and unanimously adopted. COUNCIL: Mayor Stoller pointed out that this is his last meetin9 as Mayor of ~he City of Roanoke and read the foil,win9 prepared statement on his concept of the true meaning of leadership: "THE TRUE LEANING OF LEADERSIIIP Mhat is it? Mhat are its responsibilities, its risks, its rewards? Nhat does it cost? Our critical need is for leadership of the kind that can lift Roanoke by its fierce faith and passionate conviction --- even in the face of popular disapproval. Me don*t want Just *any kind* of leaders -- we*re looking for men and women who stand for things which are important and will work with all their might to really move our City forward. If our ideals mean anything at all. then more ahead we must. The people of Roanoke today need the willingness to leave behind the methods that were 9.od enough for the 1930's and the 1950's, and seek the kind of City at every level that will meet the demands of the soaring sixties. 403 404 If you and ! are ready to,carry oat the mission of this City. if me ore to fulfill the obligations that me have sought in the field of leadership, then I believe me must do three things: First, we must remember that ue live in a changing movld, tbnt we must face the times, recognizing that the methods of the 1930ts and the 1950's cannot keep pace math the soaring 1960's. Second. we must ace,pt the obligation of true leadership and most show by precept and example that we have earned the right to leadt by the demonstration of our faith, our conviction and our dedication to the principles of sound municipal policy. Third, ue must add to our changhg methods and our leadership one more ingredient -- £nthusiasu: In every Roanoke effort, he dynauic~ Make enthusiasm a part of your every action.# Members of Council assured Mayor Stollev that it has been a pleasure serving under him and complimented him on his leadership during the past two years. On motion of Mr. Pollard, seconded by Mr. aha.let and unanimously adopted, APPROVED COUNCIL, ORCANIZATION #EETING, Tuesday. September 1, 1964, The Council of the City of Roanoke met in the Council Chamber in the Municipal Building, Tuesday, September 1, 1964, at 3 pom., pursuant to Section 10 of the City Charter. for the purpose of organization, with Mr. Stolier presiding, PRESENT: Messrs, Benton O, Dillard, Robert A. Garland, Roy R. Pollard. Sro, Murray A, Stoller and Vincent S, Mheeler ................................... $, ABSENT: Messrs. James E. Jones and Malter L, Young ................... OFFICERS PRESENT: Mr, Arthur S, Owens, City Manager. and Mr, Randolph G. Mhittle, City Attorney, COUNCIL: Rro Stoller stated that the present meeting of Council Is bein9 held pursuant to Section 10 of the Charter of the City of Roanoke, at mhich time the newly elected Councilmen shall assume the duties of their offices, and advised that Mr. Jones is unable to be present because he is out of town on business and Mr, Young is absent due to illness. At this point, the City Clerk presented a certificate from Carter. Jr., Clerk of the Bustings Court of the City of Roanoke, Virginia, certifying that Mr. Benton O. Dillard was elected to the office of Mayor of the City of Roanoke for a term of four years beginnin9 September le lqh4. at an electio~ held on June 9, 1964, and has qualified for that office. Mr. Stoller then relinquished the Chair to Hr, Dillard and presented him with the gavel as a symbol of the office of Mayor, The City Clerk presented a certificate from the Clerk of the Courts certifying that Rr. Vincent S. Nheeler received the largest number of votes in the election held on June 9, 1964, for the office of member of City Council for a term of four years beginning September 1, 1964, and has qualified for that office. Mr. Stoller then offered the followin9 Resolution declaring Mr. Nheeler to be the Vice Mayor of the City of Roanoke: (m16007) A RESOLUTION declaring Vincent $. Wheeler to be the Vice-Mayor of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 27, page 321.) Mr. Stoller moved the adoption of the Resolution. The motion was seconde* by Mr, Garland and adopted by the following vote: AYES: Messrs. Garland, Pollard, 5toller. Nheeler and Mayor Dillard ....5, NAYS: None ............................................................O. (Messrs. Jones and Young absent) The City Clerk presented a certificate of the Clerk of the Courts certifying that Mr. Roy R. Pollard, St,. was elected to the office of Councilman for a term of four years beginning September 1. 1964, at an election held on June 9, 1964, and that he has qualified for that office. The City Clerk presented copy of a communication from the Clerk of the Courts to Mr. Walter L. Young, notifying him of his election ns a Councilman for a 405 4O6 term of four yeera beginning September 1, 1964. but reported she has mot received a certificate trow the Clerk of the Courts certifying that Mr, Young has qualified for that office, The City Attorney advising Council tbet under the law Mr, Young will continue to serve under his present.term until he qualifies for.his new term, Mr, Stoller moved that the communication be filed, The motion wasseconded by Mr, Rheeler mod unanimously adopted, A large group of citizens was on hand to congratulate Mr, Dillard on.- being the first Mayor elected directly by the voters in almost 50.years. Among those speaking were Messrs, S, P. Chockley, A. Linwood Dolt*no Sydnor R. arizendine, Jr,, Robert M. Moody, J, Re Arthur, B, D. Harden and.Dr. C, M. Cornell, Memberu of Council, the City Manager. the City Clerk and the City Attorney pledged their cooperation under the leadership of the new Mayor. Mayor Dillard stated that the Council for the past two years has been a good one, one which has worked together without factionalism and that he is proud to have been a member of that Council. Mayor Dillard concluded with the observation that the direct election of the Mayor brings the people of Roanoke closer to their government and presented all of the citizens Of Roanoke with a key to the city to be attached to the lectern as a constant reminder to the citizens who appear before Cooocllthat they have the key to the city. On motion of Mr. Garland. seconded by Mr. St*liar and unanimously adopted the meeting was adjourned. APPROVED ATTES'f: Mayor COBNCIL, REGBLAR NEETING, Tuesduy, September 8, 1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the #unicipal Building, Tuesday, September 8, 1964, at ?:30 p,n,. with Mayor Dillard presiding, PRESENT: Councilmen Robert A. Garland, Roy R, Pollardo Sr,, Murray A. Stoller, Vincent S. Nheeler and Mayor Benton O. Ditlard .......................... 5, ABSENT: Councilmen James E. Jones and Walter L. Young .................2. OFFICERS PRESENT: Mr. Arthur S, OMens, City Ranuger, Rt. Randolph G. Nhlttle, City Attorney, and Mr. J, Robert Thomas, City Auditor. INVOCA~ ON: The meeting was opened with a prayer by the Reverend Stuart Kersey. Pastor. Rosalind Hills Hap*is* Church, MINUTES: Copy of the minutes of the regular meeting held on Monday, August 24, lg64t having been furnished each member of Council, on motion of Hr, Wheeler, seconded by Mr. Broiler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: SEWERS AND STORM URAXNS: Pursuant to notice Of advertisement for bids on the construction of an 8-inch sanitary sewer main to serve Robyn Road, Wright Road and a portion of Colonial Avenue and Utes*on Avenue, S. W., said proposals to be received by the City Clerk until 5:00 p.m., Tuesday, September 8, 1964, and to be opened at ?:30 p.m.. before ~ouncil, Mayor Dillard abked if anyone had any question~ about the advertisement, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. The City Clerk informed Council that no bids for this project have been received. Nr. Pollard moved that the matter be referred to the City Manager for investigation and report at the next regular meeting of Council as to why no bids were received for this project. The motion was seconded by Mr. Wheeler and unanimously adopted, SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids on the construction of an 8-inch sanitary sewer mainto serve a portion of the Jackson Park and Lilyview Subdivisions, south of Orange Avenue and east of Tinker Creek, said proposals to be received by the Citl Clerk until 5:00 p.m., Tuesday, September 6, 1964, and to be opened at 7:30 p.m., before Council, Mayor Dillard asked if anyone had any questions about the advertisement, 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 bids from the Draper Construction Company in the amount of $39~268.75 and Hudgins and Pace in the'amount of $47,157.50. Mr. Stoller moved that the bids be referred to a committee to be appointer 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 Hr, Nheeler and unanimously adopted. 407 4O8 Mayor Dillard appointed Nessrs, Roy R. Pollard, Sro, Chairmane Arthur S, Owens nad H. Cletus' Broyles as members of the committee, ZONING: Council having previously set a public hearing for 7:30 p,m,, Tuesdays Septeaber R, 1964, on the request of Mrs, Susie G, morton that the ensterl portion of a 35.325-acre tract of land adjoining 'Melrose Avenue, Twenty-fourth Stree! und Salem Turnpike, N, ¥,, Official Tox No, 242o2o3, bo retorted from General Residence District to Business District, the aatter was before the body, In this connection, the following communication from the City Planning Commission, recommending that the request be granted, was before Council: "August 6, 1964 The Bonorable Hurray A. 'Stoller, #ayor and Members of City Council Roanoke. Virginia Gentlemen: The City Planning Commission considered the above rezoning request in its meeting of August 5, 1964. It was learned that the present owner would make this land available for the development of an extensive retail operations such as a department store. In studying this request the City Planning Commission found that this general area offers good of three major east-west routes at this point, The Land Use Plan for the City of Roanoke also indicates enlargement of commercial zones in the general area of Twenty~fourth Street. The proximity of the public housing project south of this area is tempered by the fact that it is located in a light industrial zone. The City Planning Commission therefore concluded that the best use for this land is for a commercial function which would not be detrimental to the existing residential development. The Planning Commission recommends to City Council that the above request be granted and that the property be rezoned from General Residence to Business Bistrict. Very truly yours, S/ Merner K. 5ensbach for Henry B. Boynton Chairman' Hr. John D, CopenhaYer, Attorney, representing the petitioner, appeared before Council in support of the request of his client. After a discussion of traffic conditions which might be created by the operation of a department store an the site, Mr. Wheeler moved that the public bearing be continued until 2 p.m., Monday, September 14, J964, in order that further consideration might be given to the question of widening Twenty-fourth Street and Melrose Avenue to a width of BO feet at this point. The motion was seconded by Mr, Stoller and unanimously adopted, ZONING: Council having previously set a public hearing for 7:30 p.m,, Tuesday, September 6, 1964, on the request of Mrs. Ola Gish DufF, et al., that property located on the south side of Hershberger Ro~d, N. R.. west of Grandview Avenue, described as Acreage, Barrens. Map~ Official Tax NO. 2270208, be rezoned from General Residence District to Special Residence Bistrict, the matter mas.before tho body, i I In this connection, the following communication from the City Planning Commission, recommending,that the property be rem*ned as requested exclusive of two portions of the land 120 feet deep to the southern and eastern boundaries, was before Council: WAogust 6, 1964 The Honorable Hurray A, St*lief. Mayor and Members of City Council Hooqoke, Virginia Gentlemen: The above rezoning request mas considered by the City Planning Commission during its regular meeting of August 5, 1964. The petitioners submitted a development proposal proposal for this area in accordance with changes suggested by the Planning Com- mission at a previous meeting. The present plan indicates the following proposals: The subdivision of land 120 feet deep on the southern and eastern boundaries of this area for the constroction of single-family homes, This area would serve as a transitional zone and buffer strip to existing residential development. This area should not be rem*ned, but remain General Residence District. 2. The construction of an apartment project containJn9 156 units aa the remainder of the land together with residential facilities such as private swim club and tennis courts, The extension of Huff Lane to Hershberger Road. This street would then serve as a residential collector road and would help to relieve traffic which now penetrates the residential neighborhood. In considering the feasibility of this rem*ming request, the Plannin9 Commission took into account the potential for long range development of this general area and concluded that the developers have made a reasonable attempt to preserve the value of the existin9 neighborhood by creatin9 a transitional zone of single-family homes, while the proposed construction of apartments would contribute to the range of living facilities available in the City of Roanoke. The proposed development, therefore, should be considered an asset to the community and not detrimental to the existing neighborhood. The Planning Commission. therefore, recommends that this property be fez*ned from General Residence to Special Residence District exclusive of two portions of the land 120 feet deep to the southern and eastern boundaries (see attached map). Very truly yours, S/ Werner K. Sensbach for Henry B. Boynton ,Planning Commission. Mr. Wyatt K. Me*ts, representing property owners and residents in the that a petition signed by 127 persons was filed with the City Plannin9 Commission. the signers of the petition objecting to the proposed rezoning on the grounds that the apartment units will obstruct views, seriously depreciate property values in th 409 '410 After a discussion of the matter as to what.effect the rezonlng would have on water, sewage and drainage conditions in the area, and it appearing that the Federal Aviation Agency bas not given a definite answer as to whether or not it would have any objection to the construction of an apartment project on the lnnd In question from the standpoint of Interfering mith the operation or the Instrument landing system nt Roanoke Municipal (Moodrum) Alrportt Mr. Stoller moved that the public hearing be continued until 2 p,m., Monday, September 14, t964, pending receipt of additional Information from the City Manager. The motion mas seconded by Mr. Rheeler and unanimously adopted, PETITIONS ARD COMMUNICATIONS: DOUSInG-SLUM CLEARANCE: Council Raving previously designated former Mayor Murray A. Stoller to attend the meetings of the City Of Roanoke Redevelopment and Housing Authority, a communication from Mr, Mllliam S, Hnbard, Chairman of the Authority, expressing appreciation for such action since it has been of substantial assistance, resulting in a much closer communication between the Authority and Council, and voicing the hope that Council will continue under Mayor Benton O. Dillard, to have one of its members attend the meetings of the Authority, was before the body. After a discussion of the matter, Mayor Dillard expressing the opinion that Mr. Stoller should continue to represent Council at the meetings of the Authority, Mr, Garland moved that Mr. broiler be designated to continue attending the meetings of the Redevelopment and Housing Authority, The motion was seconded by Mr. Pollard and adopted, Mr, itoller not voting. PENSIONS: A co~munication from Mr. B, E, Pillow, Manager of the ~ater Department, tendering his resignation as a member of the Board Of Trustees Of the Employees' Retirement System of the City of Roanoke effective September 14, 1964. because of termination of employment with the city, was before Council. Mr, Stoller moved that the resignation be accepted and that Council express its appreciation to Mr. Pillow for the services he has rendered as u member of the Doard cf Trustees of the Employeest Retirement System. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: A communication from Mr. John H. Kennette Jr., Attorney, repre- senting Mr. N. Price Fields, requesting that a 1.3g-acre tract of land located on the east side of Cove Road, N. W., south of Rershberger Road, designated as Official Tax No. 2480143, be rezoned from General Residence District to Business District, was before Council. On motion of Mr. Rheeler, seconded by Mr, Stoller and unanimously adopted, the 'request was referred to the City Planning Commission for study, report and recommendation to Council, REPORTS OF OFFICERS: STREET LIGRYS: The City Manager submitted a written report, recommendin9 that street lights be installed in the middle of the 700 block of Riverland Road, S. E., and at the corner of IO 1/2 Street and Campbell Avenue, S. E. Mr, St*lief moved that Council concur in the recommendation of the Gitl Mennger and offered the following Resolution: (m16008) A ~ESOLUTION nnthoriziug the installation or street lights at various locations in the City of Roan*Re. (For full text of Resolution, see Resolution Rooh No. 27, page 321.) Mr. St*liar moved the adoption of *be Res*In*ion. The notion was seconded by Rr,.Rheeler and adopted by the following vote: AYES: Messrs. Garland, Pollard, St*liar, Nheeler and Mayor Dillard ....5. NAYS: None ............................................................O. (Me sst s. June s and Young absent} STREET LIGHTS: The City Manager submitted the following report with regard to improving the lighting on Milliamsou Road from Tenth Street Extension to Fleming Avenue: *Roanoke, Virgioia September 8, 1964 To the City Council Roanoke, Virginia Gentlemen: In 1963 we began a new program for improving lighting along Nilliamson Road and the second step was from Liberty Road to Tenth Street Extension, which is now being accomplished. The next step to the improvements would be from Tenth btreet to Fleming Avenue. At the present time, there are seven 6,000 lumen lights at a cost of $210, and six 10.000 lumen lights at a cost of $241 per year, aggregating a total cost of $451. It is proposed that we install seventeen 21,000 lumen lights at a cost of $916 per year, an increase of approximately $467 per year. X recommend that you authorize the installation of the lights under the usual program, all of which have already beenincorporated in the budget. Respectfully submitted, S/ Arthur $. Owens City Managerw Mr. St*lief moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~16009) A RESOLUTION authorizing the removal of seven 6.000 lumen and si~ 10,000 lumen overhead incondescent street lights and the installation of seventeen 21,000 lumen mercury vupor street lights on William,on Hoed, between Tenth Street Extension and Fleming Avenue. (For full text of Resolution, see Resolution Hook No. 27, page 322.) Mr. St*lief moved the adoption of the Resolution. The motion was sec*nde by Mr. Pollard and adopted by the following vote: AVES: 'Messrs. Garland. Pollard, Stoller, Nheeler and Mayor Dillard .... 5. NAYS: None ............................................. ~ .............. (Messrs. Jones and Young absent) 41'1 :412 BUDGET-HEALTH DEPARTMENT: The City Manager submitted a mritten report, recommending that $600 be transferred-from Medical and flousebeeplng Supplies to Other Equipment - New under Section x40, "Health Dep~rtmentt" of ~he 1964 budget, to provide for the purchase of a hem mater still. Mr, Stoller moved that Council concur in the recommendation of the City Manager and offered the-folloming emergency Ordinance: (=16010) AN ORDINANCE to amend and reordain Section =40,'"Health Department," of the 1964 Appropriation Ordinance..and providing far'an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 323.) Mr, Stoller moved tbe adoption of tbe Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the folloming vote: AYES: Messrs. Garland, Pollard, Stoller, Wheeler and Mayor Oillard .... NAYS: None ............................................................ (Messrs. Jones and.Young absent) ARM0~IES: Council having previously authorized the City Manager to proceed with the preparation of plans and specifications for additions and better- ments to the Roanoke Army National Guard Armory, the City Manager submitted a written report, recommending that Council designate an architect to prepare the plans and specifications. 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 authorizing the e~ployment of Wr~ J. Garry Clay as architect to prepare the plans and specifications for additions and betterments to the Roanoke Army National Guard Armory. The motion was seconded by Mr. Pollard and unanimously adopted. BUDGET-STREETS AND ALLEYS: The City Manager submitted a written report, recommending that $20,000 be appropriated to Materials - Building and Property under Section ~82, "Street Repair." of the 19h4 budget and that $10,OOO be appro= printed to Supplies and Materials - Construction under Section =ldO, "Street Construction," of the 1964 budget, in order for city forces to do the necessary work which should be done through the remainder of the year. Mr. Pollard moved that Camac'ti concur in the recommendation of tbe City Manager. The m~tion was seconded by Mr. Garland and lost by the following vote: AYES: Messrs, Garland and Pollard ............................. --' ..... 2, NAYS: Messrs, Stoller, Wheeler and Mayor Dillard ...................... (M~ssFs. Jones and Young absent) W~. Wheeler then offered the follo~ing emergency Ordinance appropriating $10,000 to the Street Repair account and $5,000 to the Street Construction account: (=16011) AN ORDINANCE to amend and reordain Section =82, "Street Repair,' and Section =140, "Street Constr~ction," ~f the 19~4 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 323.) Mr. Nheeler moved the adoption of the Ordinance, The motion mas seconded by Mr, St*lief and adopted by the following vote: AYES: Mnssrs, Garland, Pollard, Stoller, Wheeler and Mayor Dillard ....5, NAYS: None ............................................................O, (Messrs. Jones and Young absent) PARKS AND PLAYGROUNDS-STATE FllCMNAYS: Council baying previously authorize the City Manager, acting for and on behalf of the City of Roanoke, to offer Mr. Monroe Steven Amos $465 for a 6.4?-acre parcel of land in connection with the development of the Mill Mountain - Blue Ridge Parkway Project, the City Manager submitted a written report, advising that Mr. Amos has made a counteroffer Of $600 and recommended that the counteroffer be accepted. Mr. St*lief moved that Council concur in the recommendation of the City Manager and offered the foil*ming Resolution: (~16012) A RESOLUTION relating to the acquisition of a certain parcel of land needed for the Mill Mountain-Dlue Ridge Parkway project. (For full text of Resolution, see Res*lotion Book No. 27, page 324.) Mr. 5toiler moved the adoption Of the Resolution. Yhe motion was sec*nde( by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garlands Pollard, St*liar, Rheeler and Mayor Dillard ....5. NAYS: None ............................................................ (Messrs, Junes and Young absent) Council havin9 previously authorized the City Manager, aotin9 for and on behalf of the City of Roanoke, to offer Albert Brothers Contractors $1,231 for a 12.62-acre parcel of land in connection with the Mill Mountain - Blue Ridge Parkway Project, the City Manager submitted a written report, advising that Albert Brothers Contractors has made a counteroffer of $1,350, and recommended that the counteroffer be accepted. Mr. Nheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (m16013) A RESOLUTION relating to the acquisition of a certain parcel of land needed for the Mill Mountain-Blue Ridge Parkway project. (Fsr full text of Resolution, see Resolution Book No. 27, page Mr. Wheeler moved the adoption of the Resolution. The motion was secouded by Mc. St*liar and adopted by the following vote: AYES: Messrs. Garland, P~llard, St*Ilar, Wheeler ~nd Mayor Dillard ....5. NAYS: None ............................................................O. (Messrs, Jones and Young absent) Council having previously authorized the City Manager, for and on behalf of the City of Roanoke, to offer Mr? W. R. Zimmerman $104 for a O.61-acre parcel of land in connection with the Hill Mountain ~ BlueRidge Parkway Project, the City Manager submitted a written report, advising that Mr. and Mrs° Zlmmerman have made a counteroffer of $175, and recommended that the counteroffer be accepted. 413 414 Mr. St*lief moved that Council concur in the recommendation of the City Manager and offered the following Resolution~ (#16014) A RESOLUTION relating to the acquisition of · certain parcel of land needed for the Mill Mountain*Dine Ridge Parkway project. (For full text of Resolution. see Resolution Book Ho. 27. page 3260) Mr. St*lief moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the foil*wing vote~ AYES: Ressrs. Garland, Pollard, St*lieF,. Nh*cleF and Mayor Dillard .... NAYS: None ............................................................O, (Messrs. Jones and Young absent) Council having previously authorized the City Manager, acting for and on behalf of the City of Roanoke, to offer the Mill Mountain Estates Corporation $92,035 for a 394.60-acre tract of land in connection with the Mill Mountain - Blue Ridge Parkway ProJect, the City Manager submitted a written report, advising that in condemnation proceedings the Commissioners have awarded an aggregate sum of $198,000 to be paid for the tract of land, and recommended that the city move for a dismissal of the condemnation proceedings. Rr. St*liar moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~16015) A RESOLUTION relating to the acquisition of certain land for the Mill Mountain Blue Ridge Parkway project. (For full, text of Resolution, see Resolution Book No. 27, page 326.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Pollard, St*liar, Wheeler and Mayor Dillard .... NAYS: None ............................................................O. (Messrs. Jones and Young absent) PAY PLAN: The City Manager submitted his annual report on the adequacy of the Pay Plan with the following recommendations: 1o In previous years, I have recommended the engaging of outside professionals to make a modern survey of the City*s wage and salary plan. I know of nothing that would assure our employees more of Ionr interest in them. than to have a disinterested and qualified organization to update the plan, This should be initiated now, I am attaching u copy of a letter under date of July 29, 1964, from the Public Administration Service, Chicago, Illinois, which for the sum of $?,000 have agreed to provide the necessities to assure the modernization of the plan, I have added Ho. 10 on page 2, because I believe that you should have a modern personnel ordinance provided for you and if you so desire later to make necessary changes and amendments. This organization can have this accomplished, as X am satisfied there are already modern ordinances available. In addition to the $7~000 they have given as maximum to make the survey, ~e would need approximately , $500 for incidentals. If yon concur In the reoomaendation to employ the Public Administration Service to uodernize the wage and salary plan ordinance, then ! would suggest'that yon inedlately direct the City Manager to presemt to yon a proposed personnel ordinance, which you could deliberate upon while the survey wes being made. 3. Instruct the City Manager to intensify his efforts to secure a personnel director who would operate under the proposed ordinance° 4. To refer Nos. 1, 2 and 3 to the Dudget Commission or n · Committee for study or for Connclle$ Dudget Study seems to me would bo unnecessary end a delay that would mahe it impossible to have this accompl lshed until some sub- sequent years. In my opinion, it should be done now and I urge your adoption of my recommendation. In this connection, Yro Pollard submitted the following report: WAugust 31, 1964 During the past several years we have lost many of OUr trained and key personnel due to our inability to cope with salaries of other governmental agencies and iff some cases private industries. I do not believe that we should continue to let this prevail~ therefore, I would like to bring to your attention for immediate action the following: 1. That you authorize that a sum not exceedin9 $7500 be approved to employ the Public Administration Service of Chicago to make a survey of the City*s wage and salary plan. 2, The Public Administration Service prepare a proposed personnel ordinance for Council's consideration and possible adoption. 3. Direct the CityManager as rapidly as possible to secure a Personnel Director and secretary to work with the Public Administration ~ervice durin9 the survey and study. There is incorporated tn the 1964 budget the sum of $170140 for *Personnel.* The proposals that I have outlined could be accomplished in 1964 without any additional appropriation and the necessary information would be available prior to Council*s deliberations of the 1965 budget. If additional funds are needed to meet an improved wage and salary plan, then every effort should be made to provide funds even if it requires an appropriation in 1965 and a later one to meet the scale. It is most important that the City of Roanoke attract and employ the most qualified personnel to carry on the S/ Roy R. Pollard, by Hr. Stoller and unanimously adopted. 415 416 city install sidemnlk, curb and gutter on the east side of Canterbury R~ad, So ulong the Masena School property, and on the southeast side of Trlnkle Avenue, N. E. along the James Brecklnrldge Junior High School site, at a total estimated cost of $7,916.96, at no expense to the School Board, and having instrncted the City Manager to proceed with the installation of the sidewalh, curb and gutter out of available funds, the City Manager submitted a written report~ recommending that sidewalk, curb and gutter also be installed on the east side of MJlliamson Road, from Trlnhle Avenue tn Fleming Avenue, and that sldeualh be constructed on the north side of Fleming Avenue, N. M** from Millianson Road to Ninsloe Drive, at a total estimated cost of $7.500, in order to serve not only the James Breciinridge Junior High School but the new MillJamson Road Branch Library as well. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and that he be instructed to proceed with the installation of the sidewalk, curb and Gutter out of available funds. The motion was seconded by Mr. Stol]er and unanimously adopted. ZOSlNG-S£TBACK LINES: Council at its meeting on December gt 1963, having referred to the City Plan*lng Commission for study, report and recommendation the q~estion Of establishing a setback line on the east side Of Colonial Avenue, S. from Brandon Avenue to Broadmay, and at its meeting on August 17, 19~4, having raised the qucatlon of the status of the setoack line on Colonial Avenue, in con- nection with a request for the fez*ming of Lot B, Block 3, Colonial Heights. from General Residence District to Business District, the City Manager submitted the following report: "Roanoke, Virginia September 8, 1964 To the City Council Roanoke, Virginia Gentlemen: Recently, Mr. M. L. Strauss requested you to rezone certain properties on Colonial Avenue; and during the conference, you referred to me to secure for you the status of the setback line on Colonial Avenue. Beginning at Brandon Avenue and gain9 south to the City limits, we have variable widths and to some degree a saw-toothed effect. I believe that we should refer to the Planning Commission for their consideration and study as to what the width of Colonial Avenue should be. I nm of the opinion that it should be a standard width of 80 feet from Colonial Avenue to the City limits. A portion of the land is owned by the City of Roanoke; therefore, the setback line should not be difficult. There are many more areas which are irregular and should be made uniform as soon as possible. There is attached a map for your perusal and a letter from Mr. Strauss assuring of his willingness to donate the necessary land for curb and gutter on Lots 1 and 2, Block 4 and Lots 8, 9 and 10, Block 3. Respectfully submitted, S/ Arthur S. Owens City Manager" Mr. St*lies moved that Council accept the offer of Mr. Strauss 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. Hr, Stoller then moved that the question of establishing o setback line On both sides of Colonial Avenae, S, R,, from Drandon Avenue to the corporate. limits, to provide for an 80-foot street, be referred to the City Planning Com- mission for study, report and reconnendatlon to Council, said study to include acquisition of necessary land to establish a uniform width of 80 feet on Colonial Avenue, The motion mas seconded by Mr. Rheeler and unanimously adopted. APPOINTMENTSeFIR£ DEPARTMENT-POLICE DEPARTMENT: The City Manager submitted a written report, advising that there were no changes in personnel in the Fire Department during the month of August, 1964, and that the only change in personnel in the Police Department for the month of August, 1964, Has the retirement of Sergeant T. K, Wilson. On motion of Mr. Wheeler, seconded by Mr, Stoller and unanimously adopted. t~e report was filed. BUDGET-pAy PLAN: The City Hanagev submitted the foilouin9 report, recommending that certain vacancies in various municipal departments be filled since they are of an emergency nature: "Roanoke, Virginia September 6, 1964 To the City Council Roanoke. Virginia Gentlemen: In Order to maintain efficiency ia the City Government, I respectfully request the employment of the following employees, 4~7 418 STREETS AND ALLEYS: Council having referred to the City Manager for study, report end recommendation 8 request of the Belmont ~aptist Church for permission to encroach on city property to, a maximum of 15 inches in order to have sufficient space for a landing'at the top of a new pair of stairs it proposes to construct on the St*mart Avenue side of its building, 'the City Manager submitted a written report, recommending that the permission be granted. Mr, St*ilar moved that Council concur in the recommendation of the City Hanager and that the matter he reYerred to the City Attorney for preparation of the proper measure, said measure to contain an indemnity clause. The motion was seconded by Mr. ~heeler and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Com- mission for study, report and recommendation a request nY Mrs. Harriet M, ~aldrop and Mrs. Carolyn B. Maldrop that a lO-foot alley running through ~lock 26, Mashingtot Heights, between Van Harem Street and ~est Side Boulevard, N, N., parallel to Melrose Avenue and Dakota Avenue, be vacated, discontinued and closed, the City Planning Commission submitted the following report, suggesting that rather-than closing the alley the petitioners be permitted to encroach upon said alley for the purpose of constructing a retaining wall: "September 3, 1964 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: In its September 2, lq64 meeting the City Planning Commission considered this alley closing request. The Commission learned that this request was prompted by the unsafe building conditions which developed at the rear wall of the Elensall structure. The objecting to the closing of this alley. Havin9 made field inspection and considerin9 all factors involved, the Planning Commission concluded that there is no immediate need for closing of this alley. However, it is suggested that the their property, The Construction plans should be reviewed by the Department of Buildings in regard to safety and the wall should not protrude above top grade of existing alley. S/ Warner R. Sensbach for Henry B. Boynton Chairman" mitring a communicatioa from Mr, Louis $. Maldrop, President, L. S, Maldrop Bealty appeared before Council in opposition to the granting of the permit~ voicing the Mr. M, Caldmell Butler, Attorney, representing the petitioners, voiced the opinion that if the retaining mall does not protrude above the top grade of the alley it mill not disturb the alley and requested that action on the matter be deferred until the next regular nee*lng of Council mith a vlem of the petitioners and the property cmners in the area working out a mutuall! satisfactory plan for the retaining ~all. On motion of WFo Stoller, seconded by Hr. Wheeler and unanimously adopted action on the matter was deferred until the next regalar meeting of Council on September 14, 1964, ZONING: Council having referred to the City Flnnning Commission for study, report and recommendation a request of the Hat*man Land Corporation and Wllmer B, Crickard. et ax., that three tracts of land lncated on the south side of Rershberger Road, N. W,, east of Ferncliff Avenue, designated as Official Tax Nos, 2480111, 2480141 and 2480110, respectively, be rezoned from General Residence District to Business District, the City Planning Commission submitted a written report, recommending that the request be denied. In this connection, a communication from Mr. Earl A. Fitzpatrick, Attorney, representing the petitioners, requesting o public hearing on the matter, was before Council. Mr. Wheeler moved that a public hearing on the matter be held at 7:30 p.m., October S, 1954. The motion was seconded by Mr. Stoller and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Com- mission for study, report and recommendation a request of All Star Lanes and The Roanoke Country Club, Incorporated, that two parcels of land previously donated to the City Of Roanoke by All Star Lanes from the rear of its property at 3439 Melrose Avenue. N. W., for street and municipal purposes, be conveyed to All Star Lanes and The Roanoke Country Club, Incorporated, as abutting property owners, the City Planning Commission submitted the following report: "September 3, 1964 Zhe Honorable Renton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The City Planning Commission considered the above request during its regular meeting of September 2, 1964. After thorough discussion of land planning principals and review of sketch plans for the future development Of this general area, the Planning Commission concluded that there is no evidence now that the land under consideration ~ould be used for street or municipal purposes. The City Planning Commission therefore concluded that it would he in Order for the City Of Roanoke to dispose of this property. The Commission also felt that it should be Coancil*s decision to decide upon the manner of disposition of this land and possible compen- sation to the City. Very truly yours, S/ Werner R, Sensbach for Henry B. Boynton Chairman" '419 420 'In ibis connection,'Mr~ M. Cnlduell Butler, A~torney, re~re~entlng All Star Laces, nnd Hr. David B. BurrOmSo representing The Roanoke Country Club, lncorporate~, appeared before Council for a discussion of th~ matter. On motion of Mr. Smaller. seconded by Mr. Mheeler and unanimously adopted, the request mas referred to a committee composed of MeSSFS. Arthur S. Dwenst Chairman, Randolph G. Mhlttle, J. Robert Thomas and Roy R. Pollard, Sr** to determJn the value of the land in questlonand to' report*back to Council with its recom- mendation. REPORTS OF COMMITTEES: EASERENTSoSPECIAL PERMITS: Council having referred {o a c~mmittee composed of Messrs. Murray A. Stoller. Chairman, Arthur S. Owens and James N.* £jncanon, for study, report and recommendation, the request of Ford, DaCO~ ~ Davis Construction Corporation, Agent for the Plantation Pipeline Company. that the Company be granted the right and privilege to construct, maintain and/ or remove an B 5/8-inch steel petroleum products pipeline Or pipelines across certain properties owned or controlled by the City of Roanoke from a point near the inter- section of Roanoke River and Tinker Creek through the soatheastsection to a point near Yellow Mountain Road for a total distance of 13,765 feet, the committee sub- mitted the following report: "September 2, 1964. To the Council of the City of Roanoke. Gentlemen: The undersigned committee was on August 17, 1964, authorized to negotiate with Ford, Dacon ~ Davis Construction Corporationt Agent for Plantation Pipeline Company, the matter Of their application for a petroleum pipeline. Mith representatives Of the Company your committee toured the proposed route. The City Planning Commission (letter August 27) recommends the request be granted. September I your committee met with representatives of the Company and its attorney. Your committee endorses the views set oat in letter of August 12 by Messrs. Owens and Kincanon on the type of grant (Paragraph 2 recommending a permit) and payment (Paragraph 3 recommending annual payment). The rate we have negotiated is 25 cents per linear foot annually. Recommendation: Preparation of Ordinance following (Richmond) Ordinance No. 6~-199 attached providing for $2300 annual payment to traverse 9229 feet. Respectfully, 5/ Murrav A,'Stoller Murray A. Stoller, Chairman, S/ Arthur S, Owens Arthur S. Owens, City Manager, S/ J, N, Kincanon James N, Kincanon, Assistant City Attorney." Mr. Smaller moved that Council concur in the recommendation of the committee and that the following Ordinance be placed upon its first reading: (~16016) AN ORDINANC£ to permit Plantation Pipe Line Cnu~any to construct maintain and operate an 8 5/8 inch steelpetroleum products pipeline at certain locations in the City upon certain terms and conditions. NHEREAS. the City Planning Commission has approved the ~eneral location of the pipeline hereinafter authorized to be constructed in certain public streets and properties in the City. THER£FORE. BE IT ORDAINED by the Council of the City of Roanoke as follnu 1. That Plantation Pipe Line Company. hereinafter referred to as WLlcensee#. is permitted to construct, reconstruct, repair, maintain, operate and use a certain 8 5/8 inch steel underground petroleum products pipeline under, along or across the following streets and properties located in the City at the places of licensee*s Plan C-1523-RX-277; Plan C-1523-RX-288; Plan C-1523-RX-276; D. Across property of City at BecnJngton Street, S. E., Plan C-1523-PL-183; Plan C-1523-RX-28g; C-1523-RX-2871 Across Redwood Road. S. E.. as ah*un on c~py of Plan C-1523-RX-283; D, Across property of the City on the west side of Roanoke River, as sho~n On copy of Plan C=1523=PL-194; l.Across Dale Aven~e, S. E., near Tinker Creek, as shown on copy of Plan C-1523-RX-279; Tinker Creek as shnan on copy of Plan C-1523-PL-187; Tinker Creek as shown on copy of Plan C-1523-PL-1851 Plan C-1523-PL-180A; and M. Ia and along south side of electric power line right o~ way on 138.1 acre "Cooper# property of the City located partly in the City and partly in Roanoke County, as sho~n on Plan 4716~B, prepared by the City £ngioeer; as the aforesaid plans are on file in the office of the City Clerk and on ~hich the pipeline shall be done in n manner satisfactory to the Director of Public ~ork$. and the Manager of the City*s Water Department tn all cases where the pipeline shall or may involve or affect any public mater main or line, shich officials are herein- and specifications as.the direct,is shall approve. The work of construction, 422 reconstruction, repeiro maintenance end removal of the pipeline shall not be conmeoced until the permit therefor bas been issued by the directors In which they shall reserve the right to revoke the sane in the event the mark shall not in nil respects conform to the provisions of this and oil other ordinances relating thereto and the requirements of the directors, 3, That the Licensee will at all tines keep the pipeline in proper repair and shall make such repairs thereto from tine to tine as the directors shall deem necessary for the safety of persons and property using the streets and property of the City. 4, That the Licensee will restore and replace such portion of the streets end property end any public atiUties and property of the City therein disturbed or destroyed by reason of the construction, reconstruction, repair, maintenance, operation or removal of the pipeline in a manner satisfactory to the directors and with materials approved by them, and when because of the maintenance, of persons or property using the streets or property of the City in the opinion of the directors requires that the street or property or any public utility or property replace or repair the street or property or utility when requested by the directors public utility which has been granted a franchise or permit by the City tn use the streets or property of the City for its pvrposes is disturbed or in any way affected a manner satisfactory to and under the supervision of the public utility to nhich th~ franchise or permit has been granted to operate the facility affected, 6, The Licensee will indemnify, reimburse and save the City harmless from all charges, damages or costs that the City may be required to pay or otherwise firm or corporation being injured or damaged in any way ia person or property by removal of the pipeline; and ia the event that suit shall be brought against the City, either independently or jointly with the Licensee on account thereof, the Licensee will defend the City, in any such suit at the cost of the Licensee, and in the event of a final judgment being Obtained against the City, either independently or jointly with the Licensee, then the Licensee will pa~ such judgment with all costs and hold the City harmless therefrom. 7, The Licensee will insure its liability in connection with the removal of the pipeline providing indemnities of not less than $100,000 for bodily injuries to any one person in any one occurrence and of not less than $300,000 for 423 nil bodily injuries resulting from any one occurrence, and $50,000 for property damage. Such insurance sboll elan extend to provide coverage of the Licensee's liability under this ordinance end against the acts of any of the Licensee*s contractors end their subcontractors. Such insurance shall be kept in full force end effect by the Licensee during the construction, reconstruction, repair, maintenance, operation, use, existence and removal of the pipeline. The City shall be named as an additional insured under the insurance contract. The Licensee will provide the City with a certificate of such insurance will shall contain a statement that the Insurance is provided to enable the Licensee to perform Its obligation under paragraph ? of this ordinance, and that it will not lapse or otherwise expire prior to sixty days' written notice thereof given by the Licensee' insurance carrier to the City Manager of the City, anything in the insurance contract to the contrary notwithstanding. 8. The Licensee will furnish the City a bond with corporate surety approved by the City Attorney in the sum Of $25,000 conditioned upon t~e removal of the pipeline, the replacement and restoration of the street and property of the City and any public utility therein damaged, disturbed or destroyed thereby in a manner and with materials to the satisfaction of the directors on order to do so by the Council or upon repeal of this ordinance or upon the failure, refusal or neglect of the Licensee to comply fully and in all respects with the provisions of this and any other ordinance relating thereto. The Licensee will pay all premiums chargeable for the bond and will keep the same in full force and effect at all times durin9 the existence and removal Of the pipeline. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to sixty days after written notice to that effect is given to the City Manager. 9~ That permission granted herein is granted pursuant to the power conferred by law and is subject to all franchises, permits and leases heretofore Or hereafter granted by the Council to use the streets and property of the City. It is not intended by the adoption Of this ordinance to offer or grant a franchise and the Council expressly reserves the right at any time to amend or repeal this ordinance. Upon the amendment or repeal of this ordinance, the Licensee will in all respects, comply with the provisions, terms and conditions of tho amendatory or repealing Ordinance. Upon the dissolution of the Licensee, or its failure, refusal nc neglect to keep the liability insurance contract and bond in full force and effec at all times during the construction and existence Of the pipeline, the Licensee will remove the pipeline and replace and restore the streets and property of the City and any public utility herein damaged, disturbed or destroyed thereby in a manner, with materials and to the satisfaction of the directors. 10. Upon the failure, refusal or neglect of the Licensee to comply with the provisions of this ordinance, the City shall have the right to perform the Licensee*s obligation,under this ordinance at the Licensee's cost and expense without liability to the Licensee for damage sustained on account thereof. '424 lin Fo~ any fail,re, refusal or neglect to conform fully with the provisions of this ordinance or amendment, revocation or repeal thereof, the Licensee shall, upon demand, pay to the City a penalty, in the nature of liquidated damages in an amount of not less than $10,00 nor =ore than $100.00 per day ns is fixed b~ the Co~ecil, each dayts continuance thereof to be treated as a separate breach. 12, The Licensee shall pay to the City annually for the right and privilege 9rnnted by this ordinance and mlthout prior demand therefor, the sum of $2,300.00 uhich said annual payment shall be due and payable to the Treasurer of the City of Roanoke, BE IT FURTHER ORDAINED that this ordinance shall be in force and shall become effective when the Licensee shall file with the City Clerk an acceptance in writing of each and every provision of this ordinance in form satisfactory to the City Attorney which shall constitute an agreement on the part of the Licensee to be hound thereby and to comply herewith, The Licensee shall not exercise the privilege granted in this ordinance until it shall furnish the liability insurance contract and bond provided for in this ordinance and shall have paid to the City the first annual payment provided for in paragraph, 12, supra, The motion was seconded by Mr. Wheeler and adopted by the folloming vote: AYES: Messrs. Garland, Pollard, Stoller, Wheeler and Mayor Dillard .... WAYS: Wone ............................................................ O, (WessrSo Jones and Young absent) AIRPORT: Yhe Airport Committee submitted the following report with regard to a request of rent-a-car agencies that Section 22, Chapter 5, Title ¥III, of The Code Of the City of Roanoke, 1956, be amended: "September 3, 1964 The Honorable Members of the City Council Roanohe, Va. Gentlemen: At your regular meeting July 27, 1964 you referred to Airport Committee a request of the three rent-a-car agencies presently serving the Roanoke Municipal (Wocdrum) Airport that the limitations in the City Code governing rent-a-car agencies occupying space at the Airport be amended, Your committee met twice with all parties concerned, including the applicant requesting space for the fourth rent-a-ear agency at ' the Airport. After due deliberation and study it is recommended that Section 22 of the City Code not be amended. The committee in its investigation of this question studied the petition of the applicant operator separately, It is the opinion of the committee that the applicant operator did not prove there is a reasonable need for an additional operator at the Airport at this time. Section 22 gives to the City Manager authority to grant or reject applications by miscellaneous ba$1flesses, after determining whether or not the proposed service is reasonably necessary, Respectfully, S/ Roy L. Webber Roy L, Webber, Chairman" After a discussion of the matter, Hr. George R, hllace, representing D2dget Rent-A-Cur, handing the City Manager n mrltten application for counter and parking space at. Roanoke Municipal (M,,drum)Airport, Mr, Pollard moved that Council concur In the recommendation of the Airport Committee and that tho request that the City Code be amended be denied, The motion was seconded by Mr. 5toiler and unanimously adopted. AIRPORT: Council having referred tc the Airport Committee for study, report and recommendation an offer of the Roanoke Council of Garden Clubs to contribute $500 toward the cost of landscaping around the parking area at Roanoke Municipal (M,,dram) Airport at a total estimated cost of $?50, the Airport Commltte( snbmltted a written report, recommendingthat the offer be accepted and suggesting that consideration be given to the planting Of red azaleas on each side of the entrance to the parkin9 lot. Mt. Pollard moved that Council concur in the recommendation of the Airport Committee and offered the following Resolution: (~16Oi?) A RESOLOYION expressing the appreciation of this Council unto the Roanoke Council of Garden Clubs for its offer to donate $S00 to partially defray the cost of a progFam of landscaping around the parking area at M,,drum Airport; and agreeing to appropriate $250 to supplement the cost of the project. (For full text of Resolution. see Resolution Book No. 2?. page 327.) Mr. Pollard moved the adoption Of the Resolution. Yhe motion was Seconded by Mr. St,lieF and adopted by the following vote: AYES: Messra. Garland. Pollard. St,lief. Wheeler and Mayor Dillard ....5. NAYS: None ............................................................O. (Messrs. Jones and Young absent) Mr. St,lief then offered the following emergency Ordinance appropriatin9 the $750 for the purchase of the plants and $830 for the furnishing of facilities to water the planting: (~16018) AN ORDINANCE to amend and reordain Section ~89, 'Airport,~ of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 328.) Mr. St,lieF moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: ~essrs, Garland, Pollard, St,liar, ~heeler and ~ayor Dillard ....5. NAYS: None .......................................................... (¥essrs. Jones and Young absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-PAy PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in vartou: municipal departments since they are of an emergency nature, he presented same; mhereupon. Mr. St,lief offered the following Resolution: 425 426 (s16019) A RESOLUTION authorizing the City Manager to employ certain personnel, (For full text of Resolution, see Resolution Book No. 27, page 328,) Mr, Stoller moved the adoption of the Resolution, The motion was seconded by Mr, Mheeler and adopted by the follomln9 vote: AYF~5: Messrs, Garland, Pollard, 5toller, Rheeler and. Mayor Dillard .... NAYS: None ............................................................O. (MeSSrS. Jones and Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: GARBAGE REMOVAL: Mr, Stoller called attention to a recent letter from citizen to the Editor of the Roanoke Times, stating that. she observed children playing in a dempster dumpster cootainer at Je[fersoo High School, and moved that the matter he referred to the City Manager for study and report to Gouncil as to whether or not any hazard Is involved, The motion nas seconded by Mr,.Pollard end unanimously adopted, On motion of Mr, Stoller, seconded by Mr. Garland and unanimously adopted, the meeting was adjourned, APPROVED ATTEST: City Clerk Mayor COUNCIL, REGULAR MEETING, Monday, September 14, 1964. The Council of the City of Rom oke met in regular meeting in the Council Cbumber la the Municipal Building. Monday, SepteMber 14. lgb4, at 2 p.M., the regular meeting hour, with Mayor Dillard. presiding. PRESENT: Councilmen Robert A. Garland, James £. Jones, Roy E. Pollard. Sr Murray A. Stoller, Vincent S. dheeler nad Mayor Benton O. Dillard .............. ABSENT: Councilman MaiLer L. Young ..................~ ............... 1. OFFICERS pRESENT: Mr. Arthur S. Owens, City Manager Mr. James Klocsnon, Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend A. Byron Rolderby, Jr,, Pastor, St. John Lutheran Church. MINUYES: Copies of the minutes o[ the regular =eetlng of August 31, 1964, and Organization meeting of September 1, 1964, having been furnished each member of Council, on motion Of Mr. Rheeler, seconded by Mr. Stoller and unanimously adopte, BEARING OF CITIZENS UPON PUBLIC MATTERS: BRIDGE~: Purauant to notice of advertisement for bid~ on furnishing all materials (except concrete) necessary for replacing wooden floor and stringer~ on said proposals to be received by the City Clerk until 1:30 p.m., Monday, September 14, 19~4, and to be opened at 2:00 p.m., before Council, Mayor Dillard asked if anyone had any questi~ about the advertisement, 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: American Bridge, Division, Baited States Steel Corproation - $10,455.00 Structural Steel Company, Incorporated - 21,048.00 Roanoke Iron ~ Bridge Works. Incorporated 21.995.00 Mr. Stoller moved that the bids be referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Arthur S. Owens 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. The motion was seconded by Mr. Wheeler and unanimously adopted. ZONING: Council at its last regula'r meeting having continued until 2 p.m, Monday, September 14, 1964, the public hearing on the request of Mrs. Susie C. Hortn that the easterly portion of a 35.325-acre tract of land adjoining Melrose Avenue, Twenty-fourth Street and Salem Turnpike, N. M., Official Tax No. 2420203, be rezoned from General Residence District to Business District, in order that further co.sid- eration might be given to the questlo~ of widening Twenty-fourth Street and Melrose Avenue to a width of 80 feet at this point, the matter was again before the body. petitioner, appeared before Council, advising that his client is sailing to give 427 4~8 con,id*ration to conveying 10 feat of lnnd for the uldening of Tmenty-fourth Street, but does not feel she. should be required to donate nil of the land for the entire street widening project. It~. R. Cie*us Broyles, Director of Public ¥orhs, advising that he has not bad un opportunity to prepare a schematic dramlag of street mid*ming requirements in the area, Mr. Stoller moved that the public hearing be continued until 2 p.m., Monday September 28, 1964. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Council at its last regular meeting having mntiqued until 2 Mooday, September 14, 1964, the public hearing on the request of Rrs. Ola Gish Dart, et al., that property located on the south side of Rershberger Rondo N.W., west of Grnndvlew Avenue. described us Acreage. Barrens Map. Official Tax No. 2270208, be rescued from General Residence District to Special Residence District, pending receipt of additional information from the City Manager as to whether or not the Federal Aviation Agency would have any objection to the coostruction of an apartme.t project on the laud in questioo from the standpoint of interfering with the operation of the instrument landing system at Roanoke Municipal (Woodrum) Airport, the matter was again before the body. The City Manager advising that he has been unable to obtain the additional information, Mr. Stoller moved that the public hearing be continued until 2 p.m., Monday, Sept~ber 20, 1q64. The motion was seconded by Mr. Wheeler and unanimously adopted. SEMERS AND STORM DRAINS: A group of property owners and residents of the 3700 and 3000 blocks of Salem Turnpike, N.W., appeared before Council, with Mrs. Cleopa M. Goode acting as spokesman, Mrs. Goode presenting a petition signed by 14 persons, requesting that drainage conditions in the area brought about by the day*lc meat of the Mllmont Farms Subdivisio~ be corrected. In a discussion of the matter, Mr. H. Cletus Broyles, Director of Public iWorks, estimated that it would cost from $5,000 to $0,O00 to install a storm drain to solve the situation. Mr. Stoller moved that the request be referred to the City Manager for study, report and recommendation, said report to include an estimate of the cost of correcting the situation. The motion was seconded by Mr. Wheeler and unanimonsly adopted. Mr. Pollard then moved that, in the meantime, the City Manager be requested to clean out an existing storm drain in the area if the deems it advisable to do so. The motion was seconded by Mr. Wheeler and unaqimously adopted. PETITIONS AND COMMUNICATIONS: STREET LIGBTS: A communication from the Appalachian Power Company, trans- mitting a list of street lights which were installed and/or removed during the month of August, 1964, was before Council. On motio~ of Mr. Stoller, seconded by Mr. Wheele~ and unanimously adopted, the commnnication wo~ filed. '429 Z~IWG: A communication from Mr. Ralph A. Glasgow, Attorney, requesting that his property located on the north side of Restport Avenue. S.~.. east of Seventeenth Street. described as Lots 3 and 4, Dloch 2, Rorer Reirs Map. Official Tax Nos. 1210628 ned 1210629. be rezoned from General Residence District to Rosiness District, was before Council. On motion of Hr. Jones. seconded by Mr. Stoller and unanimously adopted, t request mas referred to the City Planning Commission for study, report and recommend tJon to Council. ZOninG: A communication from #r. Claude Do Carter, Attorney, representing Mr. Rufus C. Hurt, et ux., requesting that property located on the ~orth side of Drambleton Avenue. ~. W..between Red Rock Road and Ashby Street. described as Lots 8. 9, and the southern portion of Lot 10. Olock 5, Evergreen Development Company, Official Tax Nos. 1650528, 165052? and 1650526, be rezoned from General Manger and offered the follusing emergency Ordinance: Dillard ........................................ 43O BUDGET-PLANNINO~ The City Manager submitted a uritteu report, recommend- lng that $800 be approprioted to Printing sad Office Supplies under Section si30, *Planning Commission,* of the 1964 budget. Mr. Stoller moved that Council concur In the recommendation of the City Manager and offered the folloming emergency Ordinance: (s16021) AN ORDINANCE to amend and reordain Section slSO, *Planning Commission, # of the 1964 Appropriation Ordiu~ce, and providing for an emergency. (For full text of Ordlgunce, see Ordinance Book No. 27, page 333.) Mr. Stoller moved the adoption Of the Ordinance. The motion was seconded by Mr. MheeJer and adopted by the following vote: AYES: Messrs. Garland, Joqes, Pollard, Stoller, Wheeler and Mayor Dillard ................................ NAYS: None ......r .......... O. (Mr, Young absent) BUDGET-PAY PLAN: The City Manager submitted a written report, recommend- ing that the vacancies for a Junior Meter Reader,.Grade 15, in the Water Department and a Chainman, Group 17, in the Engineering Division of the Department of Public Works, be filled since they are of an emergency nature. Mr. 5toiler moved that Council concur in the recommendations 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 Mr. Wheeler and unanimously adopted. DELINQUENT TAXES: The City manager submitted a written report, recommend- ing that the City Attorney be authorized and directed to institute and conduct suits in equity for the purpose of enforcing the city*s lien for delinquent taxes and other assessments against four parcels of land. Mr. Stoller 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. VIRGINIA MUNICIPAL LEAGUE: The City Manager submitted a written report, :transmitting a request of the Virginia Recreation Society that the Mayor appoint a committee to attend the program on Outdoor Recreation at the Virginia Municipal League meeting on Monday, September 2t, 1964, at 2 p,m, Mr. ~toller moved that the report be filed with the understanding that those members of Council attending the Annual Convention of the Virginia Municipal League in Arlington, Virginia, will try to attend the recreation program if prior commitments do not prevent their doing $o. The motion was seconded by Mr. Pollard and unanimously adopted. CITY GOVERNMENT-MUNICIpAL BUILDING: Council having previously referred ibm matter of providing office space for various municipal departments to the City Manager for study, report and recommendation, he submitted the following report: "Roanoke, Virginia September 14, 1964 ~o the City Cooucil Roanoke, Virginia Gentlemen: Earlier this year, you directed that I attempt to find space for the Flanning Commission to move Its office from the Health Department. I am also cognizant of the fact that me have certain obligations to the Retarded Children's Clinic mhich necessitates the need of the space at the Bealth Center. Further, provisions must be made for the Roard of Assessors and the Personnel office both of mhich should be in operation at au early date. Mr. Sensboch znd X in the post two years have searched dozens of empty boildings in the dountown and other sections of the City and me mould like to present to you mhat we consider the most practical and best solution to the problem. The Southmest Virginia Savi~& Loan Association has 2000 feet of area on its second floor, which is mell constructed, air conditioned, adequately lighted, Janitorial services, all utilities and adjacent to the Municipal Building mhere in the erent of public hearings, adequate space most of the time mould be available. I suggest that you authorize the renting of this space at $6000 per year on on annual basis, providing for a 60 days notice of termination to either party at anytime. Respectfully submitted, S/ Arthur S. Owens City Manager" After a discussion of the matter, the City Manager verbally reporting that the owner of the property has indicated a willingness to lease the building to the city for a period Of three years and undertake alterations to suit the needs of the tenant, the cost Of which would be prorated over a period of time and included in the rent. Mr. Pollard moved that the matter be referred to a committee to be appointed by Mayor Dillard for study, report and rem mmendation to Council. The motion mas seconded by Mr. Stoller and unanimously adopted. Mayor Dillard appointed Messrs. Murray A. Stoiler, Chairman, Roy R. Pollard, Sr., Vincent S. Wheeler and Arthur $. Owens as members of the committee. SIGNS: The City Manager having previously recommended that the request Of Mr. Mack Aheron, t/a Mack Aheron Advertising, for permission to continue'the encroachment of a sign on city property at 2515 Franklin Road, S. W., until such time as Franklin Road is widened, be granted, and Council having referred the matte back to the City Manager to negotiate with Mr. Aheron for a rental fee on the property on which the sign is located, he submitted a mritten report, advising that he does not believe the city should permit the sig~ to e~croach on city property, but rather require that it be removed. In this connection, the City Manager having previously reported to Council that Mr. Aheron has removed a sign at the melt end of the Thirteenth Street Bridge, he submitted a written report, transmitting an offer of Mr. Aheron to lease ~he property on which the sign formerly stood for the ~urpose of again erecting a sign thereon, and recommended that the request be denied. 431 4.32 Mr. Aheroa appeared before Council, advising that ~e his been plying the owners of the property at 2515 Franklin Road, S. W., a rental fee of $21.20 e year for the space occupied by the sign on Franklin Road which mas thought to be privately owned property within a setback area, but which turned out to be property already conveyed to the city for street purposes, and that he is willing to pay this same amount to the city as a rental fee for the sign. mr. Stoller moved that Council .lease the property on Franklin Road to Mr. Aheron at an annual rental fee of $21.20, that it lease the property at the Thirteenth 3treat Bridge to Mr. Aheron at a rental fee to be determined and that the City Attorney be directed to prepare the proper measures providing for the leasing of the two parcels of land. The motion failed for lack of a second. Rfp Wheeler pointed out that Council has been granting operators of businesses permission to encroach on city property for the purpose of erecting signs to advertise their respective businesses, but that the two signs in question adver- tise a business which has no relation to the site on which they are located, and maned that Council concur in the recommendation of the City Manager that the sign on Franklin Road be removed and that the request to lease property at the Thirteenth Street Bridge be denied. The motion failed for lack of a second. Mr. Jones then moved that the request of Mack Ah*rom Adertising for ~ermission to lease city property at the west end of Thirteenth Street Bridge for the purpose of erecting a sign thereon be denied. The motion was seconded by Mr. Garland and adopted, Hr. St,lief voting no. Mr. Jones then moved that the City Attorney be directed to prepare the proper measure permitting Mack Ah*rom Advertising to continue the encroachment of ia sign on city property at 2515 Franklin Road, S. W., until such time as the city requires that the sign be removed. The motion was seconded by Mr. Garland and adopted, Messrs. Stoller and Wheeler voting no. EASEMENT-GASOLInE-SPECIAL PERMITS: Council having instructed the City Manager to inform the Humble Oil 'and Refining Company that permission granted the Company ~o install one 4-inch and one 6-inch pipeline and one b-inch electrical conduit under Ninth Street, N. E.,' in order to connect wi~ its terminal facilities at 90? Seventh Street, N.E., was inadvertently granted withoutcharge for same and that the Company will be requested to pay the same ~har§e for the permitas Council shall fix in connection with a similar request of Ford, Bacon ~ Davis Construction Corporation, Agent for'the Plantation'Pipeline Company, he submitted a written report, advising that the Humble Oil and Refining Company has assured him it will pay comparable'charges to those paid by any other corporation to the City of Roanoke Mr. ~t~ller moved that the City Attorney be directed to prepare the proper measure requiring the Humble Oil and Refining Company to make an annual ipayment to the City of Roanoke on a comparable basis with charges made against the '433 Plantation Pipeline Company, The motion Mas seconded by Mr. Mheeler and unanimously adopted, SEMERS AND STORM DRAIdS; The City Manager'submitted the follouing report mitb regard to mhy no bids were'received on the ConStruction of an G-inch sanitary main to serve Robyn Road, Nright Road and a portion*of Colonial Avenue and Creston Avenue, S, I~anoke~ Virginia September 14, 1964 TO the City Council Roanoke, Virginia At our meeting of September G, 1964, you directed that I find the reasons why no bidders Mere interested in the Robyn Road, bright Road a~d a portion of Colonial Avenue and Creston Avenue, S. N., G-inch saqitary sewer main. I have conferred by telephone with six tentative bidders; and in each case, the facts related to me were Jfl each case nearly the same. The contractors are reluctant to attempt to construct a sewer along a lO-foot easement to the back of the properties due to their inability to have working room in the easement. It is obvious that the slopes, trees, grass, walks, etc., may have to be disturbed by this construction and the property owners are reticent to permit damages to their prop- erties. The property owners have expressed the desire to have sewers and it is my recommendation that yon authorize new bids to be secured, carrying out this alternate plan that I have proposed and I have been assured by the bidders that they would be interested in providing a bid. Respectfully submitted, S/ Arthur S. O~e~s z~34 Om motion of Mr. Nheeler. secoded by Hr. Stoller and unanimously adopted, the reports mere filed. REPORTS OF CORRITTRES: PERSONNEL DEPARTMENT-PAY PLA~: Council having appointed a committee to ~repare the proper measure creating a Department of Personnel for the City of Roanoke and having referred to the committee for study mitb the City Manager recommendations of the City Manager and Councilman Roy R. Pollard, Sr.. mitb reRard to a Personnel Department and a survey of the Pay Plan, the committee submitted the follouing preliminary report: *September 14, 1964 TO: Roanoke City Council Roanoke. Virginia Gentlemen: Your Personnel Committee, appointed by Council, makes the following preliminary report: (I) Your Committee unanimously agrees that a personnel plan is needed. (2) The Committee is in the process of preparing a personnel ordiqance and requests that the Committee be given two ueeks to submit a proposed ordinance. (September 2B, 1964). (3) If an ordinance is adopted, settin9 up a Personnel Department. your Committee recommend~ that a director be employed as soon as practicable. i4) The Committee took under adrisement the adrisability of securing Outside professional assistance. Respectfully. S/ Arthpr S, Owens ~L Benton O. Dillard amount of $17.00. Mr. Wheeler moved that action on the avording of the contract be deferred, pending the outcome or.the public hearing oa October S, 1964. The motion vas seconded by Hr. Stoller and unanimously adopted. PURCHASE AND SALK OF pROpERTY: The Real Estate Comeittee submitted the folloulng report concerning the purchase and sale of various properties: #Roanoke, Virginia September 14, 1964 To the City Council Roanoke, Virginia Centlemen: On Friday. September 4. the Real Estate Coomlttee visited various propertiea which the City of Roanoke had been requested to either purchase or sell a,d we would like to make the follow- ing report and recommend that you concur in our decision. I am in receipt of a letter from Rro Ceorge W. Reed. Jr.. represe,ting the owners of property at 520 Gainer Avenue. which is across from the incinerator, in which they wish to sell to the City their property for $3.000. The committee does not feel that the City would need this property, therefore, does not recommend its purchase. I am in receipt of an offer of $250 for Lot 25-Block Il-Map of gornlngside-Appraisal 34131725, located on Morgan Avenue, S. E.; and after visiting the property, we recommend that it be sold for Mr. Ralph Glasgow has petitioned to the Committee to purchase a lot at the corner of Seventeen%b ~treet ~ ~bapman Avenue, We are of the opinion tbat Mr. 51a~go~ i~ confu~ed ~lth another lot and if a request is made for the proper property we will make a further investigation. The H. H. Mackenzie, Chapter ~3, Disabled American Veterans of Roanoke has made an offer to the City in the amount of for two lots described as ~ox Map No. il4~llS-Lot 5-Rlock 4, Janette Land and Tax Map No. ll4011?-Lot 4, Section 4, Janette Land, located On ~lng George Avenue west of Sixth Street~ The committee visited the property and after much delibera- tion does not feel that this is a reasonable offer for the property and, therefore, could not recommend its sale. Respectfully submitted, S/ Arthur S. Owens Arthur S, O~ens, Chairman S/ Randolph C. ~hlttle SI J. Robert ~homas J.Robert Thomas Roy R. Pollard, Sr." Mr. Stoller moved that Council concur in the recommendation of the committee with regard to the purchase of property located at 520 Oiimer Avenue, N. ~., and that the offer be rejected. The motion ~as seconded by Mr. Pollard and unanimously adopted. Mr. Stoller moved that Council concur in the recommendation of the committee with regard to the property located on Morgan Avenue, S. E.. and that the 435 436 prospective.purchaser be advised the,city mill sell the lot in question for $365. The motion mas seconded by Mr~ Pollard and unanimously adopted. Hr. St*lief moved that Council concur in the recommendation of the committee mith regard to the offer of Hr. Ralph A. Glasgom and that Mr. Glasgou be advised the city does .ot *mn property design*ted as Official Tax No. 1213000~ however, if he will clarify his offer as to uhlch piece of property he bas in mind further consideration mill be given to the offer. The motion mas seconded by Mr. Pollard and unanimously adopted. Mr. St*lief then moved that Council concur in the recommendation of the committee with regard to the offer,of the Disabled American,Veterans of Roanoke and that the offer be rejected. The motion was seconded by Mr. Rheoler and unanimously adopted. U~FI~ISH£D BUSINESS: STREETS A~D ALLEYS: Council at its last regular meeting having deferred action on the request of Mrs. Harriet M. Waldrop and Mrs. Carolyn H. Maldrop for !permission to encroach on an alley at the rear of their property at 3922 Melrose Avenue, N. W., for the purpose of constructing a retaining wall, with a view of the petitioners and the property owners in the area working out a mutually satisfactory plan for the retaining wall, the matter was again before the body. In this connection, Mr. Michael K. Smeltzer, Attorney, representi.g the )etitJoaers, appeared before Council and displayed a rough sketch of a plan for the retaining mall. Messrs. Lewis M. Wills and M.B. Newman, owners of adjacent property, indicated they would not be opposed to the encroachment of the prop;smd retaining wall on the alley if the wall is constructed in a satisfactory manner. After a discussion of the matter, Mr. Garland moved that the petitioners be requested to work out a mutually satisfactory plan for the retaining wall with the City Manager and property owners in the area in order that the City Manager might submit the plan to Council for its approval. The motion was seconded by Mr. Stoller and unanimously adopted. laws. its second reading and final adoption: 437 (~16016) .AN OgOI~ANCE to permit. Plantation Pipe Line Coopany to construct maintain iud operate~aa 8 518 inch steel petroleum products pipeline at certain locations In the City upon certain terms iud pondttions. (For full text of Ordinance, see Ordinance Rook No. 27. page 329.) Mr, Wheeler moved the adoption or the Ordinance. The motion was secoaded by Mr. Pollard and adopted by the foil*BUng vote: . AYES: Nessrs. Garland, Jones, Pollard, St*lief, Wheeler and Mayor Dillard ............................... NAYS: None .................O. (Mr. Young absent) ARMORIES: Council having directed the.City Attorney to prepare the proper measure authorizing the employment of Mr. J. Garry Clay, Architect. to prepare the plans and speciificatiofls rot additions a~d betterments to the Roanoke Aruy National Guard Armory, he presented samel whereupon, Rr.,Mheeler offered the following Resolution: (#16022) A RESOLUTION authorizing the employment of an architect to prepare requisite plans and specifications for additions and betterments to the Roanoke Army National Guard Armory. prior to advertising for bids on said project and, also, stating the fee to be paid for the performance of such architectural services. (rot full text of Resolution, see Resolution Rook No. 27, page 333.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. St*lieF and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, St*lieF, Wheeler and Mayor Dillard ............................... b. NAYS: None .................O. (Mr. Young absent) Mr. St,lief then offered the following emergency Ordinance appropriatln9 $5,000 for payment of the architect: (=16023) AN ORDINANCE to amend and reordain Section #170o 'Capital,# of the 1964 Appropriation Ordinavce, and pr,riding for an emergency. (For full text of Ordinance, see Ordioance Rook No. 27, page 334°) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Nr. Rheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, St*lieF, Wheeler and Mayor Dillard ............................... NAYS: done .................O. (Mr. Young absent) ZONING-STREETS A~D ALLEYS: Council having directed the City Attorney to prepare the proper measure accepting an offer of Mr. Mo Lo Strauss to donate a lO-foot strip of land from Lots I and 2, Block 4, and Lots ColonlalNeights, for the widening of Colonial Avenue, S. W., he presented sa~e; ~hereopon, Mr. ~eeler offered the foil*wi,ag emergency Ordinance: (~16024) A~ ORDINANCE accepting the offer of M. L. Strauss to donate a lO-foot strip of land from the front of certain lots on Colonial Avenue, S. N., for 438 the uidenleg of said avenue° in consideration of the City agreeing to construct curb and gutter at the ace street line; and providing for an emergency, IFor full text of Ordinance, see Ordinance Eook No, 2?, page 334.) Mr. Mheeler moved the adoption or the Ordinance. The motion mas seconded by Mr. Stoller and adopted by the follouing vote: AYES: Messrs. Garland, Jones. Pollard, Stolier, Wheeler and Mayor Dillard ................................ 6, NAYS: ~ane .................O. (Mr. Young abseat) BUDGET-PAY pLAN: Couacil having directed the City Attorney to prepare the proper measure authorizing tbe City hanager to fill certain racancies ia rarious municipal departments since they are of an emergency nature, he presented same; whereupon, Mr. 5toiler offered the following Resolution: (#16025) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 27, page 335.) Mr. Stoller moved the adoption of the Resolution. The motion was seconde by Mr. Pollard and adopted by the lollowlng il£S: Messrs. Garland. Jones, Pollard, Stoller, Wheeler and Mayor Gillard ................................ NAYS: ,Wone ................. O. (Mr. Young absent) SPECIAL PERMITS-STREETS AND ALLEYS: Council having directed the City Attorney to prepare the proper measure permitting the Belmont Baptist Church to encroach On city property to a maximum of fifteen inches in order to hare sufficient space for a landing at the top Of a new pair of steps it proposes to construct on the Stewart Avenue side of its building, he presented same; whereupon, Mr. Stoller offered the following Resolution: i~16026) A RESOLUTION conditionally granting a permit to the Board of Trustees Of Belmont Baptist Church to encroach On City property. (For full text of Resolution, see Resolution Book No. 27, page 336. l Mr. Stoller moved the adoption of the Resolutio~ . The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, Wheeler and Mayor . Dillard ................................ 6. ' NAYS: ~one .................O. (Mr. Young absent) MOTIONS A~D MISCELLANEOUS BUSINESS: SCHOOLS-SIDEWALE, CURB AND GUTTER: A group of patrons of the Raleigh Court Elementary School appeared before Council, with Mr. Andrew H. Thompson acting us spokesman, and presented a petition signed by 294 residents of the Raleigh Court section, advising that because there is no sidewalk on the east side of Orandin Road S. W., between Avenel and Guilford Avenue, students attending Raleigh Court Elemen- tary School and Patrick Henry High School needlessly cross such extremely busy streets as Crandin Road and Carter Road and malh a considerable extra distance to reach a sidemalh entrance to these schools, this being especially dangerous and burdensome in inclement ueather, the petitioners requesting that the city construct · sidemalh along this portion of Grandin Road and from the Raleigh Court Elementary School to the proposed sJdeuaik at · point approximately half way between Avenel and Guilford Avenue. In this connection, Mrs. Mllllam A. Tingle, President of the Raleigh Court Elementary Parent-Teacher Association, appeared before Council and presented a communication endorsing the request of the petitioners. After a discussion of the matter, Hr. Rheeler moved that the request be referred to the City Manager for an estimate of the cost of the project and to the Roanoke City School Board for study, report and recommendation to Council. The motion was seconded by Mr. St*lieF and unanimously adopted. Mr. Stoller then moved that the City Manager be directed to take necessary safety precautions to safeguard the students attending the Raleigh Court Elementary School with regard to traffic hazards in the area. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Mr. F. Rodney Fitzpatrick, Attorney, representing Mr. Warren L. Baker, appeared before Council and presented a communication, requesting that property located o~ the south side of Georgia Avenue. ~. E.. east of Sixth Street, described as Lots 1-5, inclusive. Block 19. Deanwood Terrace, Official Tax Nos. 3042501-3042505, inclusive, be Fez*ned from General Residence District to Business District. Mr. Stoiler moved that the request be referred to the City Plannivg Commission for study, report and recommendation to Council. The motion was seconded by Mr. Pollard and unanimously adopted. On motion of Mr. St*lief, seconded by Mr. Pollard and unanimously adopted, the meeting was adjourned. APPROVED 439 '4'40 COUNCIL, REGULAR MEETING, Houday, September 21, 1964. The Council of the City of R,an,he met in regular meeting in the Council Chamber in the Ifuulcipol Ifuilding, Nondny, September 2i. 1964. at 2 p.m.. the regular meeting hour. PRESENT: None .................O. ABSENT: Councilmen Robert A. Garland. James E. Jones, Roy R. Pollard. SI NurFay A. Stoller. Vincent S. Mheeler, Nalter L. Young. and Ifayor Bento~ O. Dillard ................................... 7. OFFICERS PRESENT: Miss Dorsie If, Graham. Deputy City Clerk. A quorum failing to appear, the meetiq9 was not held. APPROVED ATYEST: , ,. . ./ / / /_ ~,.~z..z.~.,, ,~J. ,,~ , -~..~. ~,~ ~ . City Clerk Mayor COGNCIL,'REGULAR MEETING, Monday, September 2fl, 1964, The Council of the City of Roanoke met in regular meeting ia the Council Chamber in the Municipal Building, Monday, September 26. 1964, at 2 p,m., the regular meeting hour, with Mayor Dillard presiding, PRESENT: Councilmen Robert A, Carland, James E, Jones, Roy R. Pollard, Sro, Murray A, Stall*r, Vincent S, Wheeler and Mayor Benton O, Dillard ........... ABSENT: Councilman Molter L, Young ....................................1, OFFICERS PRESENT; Mr. Jo Robert Thomas, City Auditor and Acting City Manager, and Mr, Randolph Go Rhittle, City Attorney, INVOCATION: The meeting was opened with a prayer by the Reverend Wells, Pastor, Green Ridge Presbyterian Church, MINUT[S: Copies of the minutes of the regular meeting held on Monday, September 8, 1964. and the regular meeting held on Monday, September 14, 1964, having been furnished each member of Council, on motion of Mr. Stoller, seconded by Mr, Wheeler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PCBLIC MATTERS: COAL: Pursuant to notice of adrertisement for bids for furnishing the City of Roanoke ~00 tons, more or less, of pocahontas Oil Treated Washed Furnace Nut Coal, and 800 tons, ~ore or less, of ~ocahonta~ Oil Treated Washed broker Pea Coal, for the period from October 1, 1964, through September ~0, 1965, said proposa to be received by the City Clerk until 1:30 pom., Monday, September 28, be opened at 2:60 p.m., before Council. Mayor Dillard asked if anyone had any questions about the advertisement, 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: Bidder Furnace Coal Stoker Coal Blair Pi~zer Coal and Fuel Oil Company, Incorporated - $6.60 per ton $6000 per ton Sove~tgn Pocahontas Company - $6,b4 per ton $6.29 per ton Mr, Stoller moved that the bids be referred to a committee composed of Wessrs. Boy g, Pollard, Sr., Chairman, Arthur S. Owens and Bueford B. Thompson for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal Of the lowest ~onsible bidder. The motion was seconded by Mr. Wheeler and unanimously adopted, ZONING: Council at its last regular meeting have continued until 2 p.m** Monday. September 26, 1964, the public hearing on the request of Mrs. Susie Hutton that the easterly portion of a 3S,~2S-acre tract Of land adjoining Melrose Avenue, Twenty-fourth Street and Salem Turnpike, N, M,, Official Tax No. 2420203, be rezoned from General Residence District to Bus'ness District, in order that further consideration might be given to the question of widening Twenty-fourth Street and Melrose Avenue to a width of 80 feet at this point, the matter was again before the body, '441 442 In this connection, the Acting City Manager submitted the following report o~ the City Manager with reference to the donation of land for street uldening #Roanoke, Virginia September 25, 1964 .To the City Council Roanoke. Virginia Gentlemen: I hare reviewed the request of HFs, Susan 6, Horton for rezoning of a 35-acre tract of land adjoining 24th Street, Reit*se Avenue and Salem Turnpike, and I agree with the recom- mendation of the Planning Commission that the best use of the land would be for commercial purposes. However, the commercial development of this property will undoubtedly generate additional traffic, which will adversely effect the carrying capacity of the existing streets; therefore, I recommend that the petitioner enter into the following agreement with the City: 1. On the east side of 24th Street, a 10-foot strip of land of the property of Rrs. Horton, Tax No. 2322213, should be dedicated to the City for street widening purposes. A width of 70 fi, Is proposed by the Major Highway Plan, 2, The petitioner should dedicatn on Salem Turnpike from 24th to 29th Street adjacent land to permit the widening of this street to SO feet. The exact width of this strip of land should be determined by survey bat should not exceed 30 feet at any one point, Respectfully submitted, S/ Arthur S. Owens City Manager" Mr. D. Cletus Broyles, Director of Public Works, explained a schematic drawing of the street widening requirements in the area, pointing out that it is not feasible to widen the west side of Twenty-fourth Street or the south side of Melrose Avenue because of existing buildings. Mr. John D. Copenhaver, Attorney, representing the petitioner, advised tha his client would prefer to donate a S-foot strip of land from both sides of Twenty= fourth Street and from only that portion of the land on Salem Turnpike proposed to be Fez*ned. After a discussion of the matter, Mr. Walter S. Foster, Ranager of the Horton Estate. stated that the petitioner will donate to the city a lO-foot strip of land on the east side of Twenty-fourth Street and sufficient land on the north side of Salem Tornpike all the way from Twenty-fourth Street to Twenty-ninth Street to provide for an 80-foot street, provided the setback line on the west side of Twenty-fourth Street is abolished, Mr. Stoller then moved that the following Ordinance providing for the rezoning be placed upon its first reading: (m16027) 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 the easterly portion of a 35.325 acre tract of land adjoining Melrose Avenue, Twenty-fourth Street and Salem Turnpike, N, W,, Official Tax No. 2420203, rezoned from General Residence District to Business District; and REEREAS, 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 XVo Chapter 4, Section 43, of. The Code of the City of Roanoke, 1956, relating to Zoning, has been published in "The Roanoke World-Nems,# a nemspaper published in the City or 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 September. 1964, at 7:30 p.m., before the Council of the City of Roanoke, at mbicb hearing all parties Jn interest and citizens were given an opportunity to be heard both for and against the proposed rezoning; and WHEREAS, this Conncll, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title X¥, Chapter 4,'Section 1, of The Code of the City of Moanoke, 1956, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located on Melrose Avenue, Twenty-fourth Street and Salem Turnpike, N. ~** described as the easterly portion of a 35.325 acre tract of land omned bySusie G, Dar*on, bounded on the northeasterly side by the southerly boundar line of Melrose Avenue, on the easterly side by R4th Street, N. W., on the southerly side by the northerly boundary line of ~alem Turnpike approximately 1200 feet in length, on the westerly side by the extension of the westerly boundary line of the Forest Park School property owned by the City of Moanoke extended to Salem Turnpike, and on the northerly side by the southerly line of the Forest Park School property nod the easterly line of the Forest Park School property to its intersection with Melrose Avenue, designated on Sheet 242 of the Zoning Map as Official Tax No. 2420203° be, and is hereby,'changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. The motion Mas seconded by Mr, Wheeler and adopted by the following vote: AYES: Mesas. Garland, Jo~s, Polhrd, Stall*r, Wheeler and Mayor Dillard ...... 6. NAYS: ~one ............................................................ O. (Mr. Young absent) Mr. Stoller moved that the City Attorney be directed to prepare the proper measure accepting the verbal Offer to donateto the City Of Roanoke for street widening purposes a 10-foot strip of land on the east side of Twenty-foUrth Street, N. Wa, north of Salem Turnpike, as well as sufficient land on the north'side of Salem T~rnpike, N. W., between Twenty-fourth Street and Twenty-ninth Street, to provide for an 80-foot street, and expressing the appreciation of Council for the donation. The motion was seconded by Mr. ~ones and ~nanimously adopted. With further reference to the matter, Mr. Stoller moved that the question of abolishing the existing setback line on *be west side of Twenty-fourth Street, N. W., between Salem Turnpike and Melrose Avenue, be referred to the City Planning Commission for study, report and recommendation to Council as expeditiously as possible, The motion mas seconded by Mr, Jones and unanimously adopted, 448 444 ZONING: Council at its last regular meeting baying continued until 2 p.m., Monday, September 20, 1964, the public hearing on the request of Mrs, ale Gish DufF0 et, el,, that p~operty loc,stud on the south side of Dershberger Road, W. Wa, west of Grandview Avenue, described us Acreage,.Burre~s Map, Official Tax No. 2~?O208, be resorted from ~eneral Residence District to Special Residence. District, pending receipt of additional information from the City Manager as to whether or not the Federal Aviation Agency would have any objection to the construction of an apartment project on thc land in question from the standpoint of interfering with the operation of the instrument landing system at Roanoke Municipal (Moodrum) Airpor the matter was again be[ore the body. In this connection, the acting City Manager submitted the following report of the City Manager: WRoanoke, ¥irgiuia September 28, 1964 To the City Council Roanoke, ¥irginia Gentlemen: At our meeting of September 14, 1964, you referred to me for investigation and report the request of Mrs, Ola Gish Durr, et al,, that property located on the south side of Hershberger Road, N, M,, west of Crondriew Avenue, be rezoned from General Residence District to Special Residence District, Mr. Broyles, Mr. liarris, Mr, Carter, representing the owner, and the City Manager met with representatives of the Federal Aviation Administration in Washington on Mednesday, September 160 . studied in detail what effect the construction of this complex would have on the operations of the airport. At the present time, there is no final answer. Mr. Carter has agreed that he will not place any structure within the trapezoid range of the approach to the airport, but would reserve the right that after the construction of the airport runway is completed that in the event the City did not purchase the land that he be permitted to use the land, other than for physical structural purposes. I am of the opinion that the spirit o[ cooperation exemplified by Mr, Carter certainly justifies the rezoning of the property under the aforegoing conditions, and I would recommend that it be accomplished, Respectfully submitted, S/A~hur S. Owens City Manager~ Council having also requested the City Manager to submit a report on what effect, if any, the rezoning would have on water, sewage and drainage condition in the area, Mr. Stoller stated that it is bis understanding these matters will be worked Out administratively between the City Manager and the petitioners, {ut that he would like to have a written memorial to that effect. Mr. Tom Stockton Fox, Attorney, representing the petitioners, appeared before Council in support of the request of his clients. Mr. Stollcr moved that Council concur in the request of the petitioners and that the following Ordinance be placed upon its first reading: (~16028) 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, RDEREAS, application has been made to the Conncil of the City of Roanoke to have a portion of that approximately 26-acre parcel fronting on the southerly side ~f Hershberger Road, in the City of Roanoke, designated as Acreage, Barrens ~ap, Official Tax No, 22YOROfl, resumed from Oeneral Residence District to Special Residence District; and WHEREAS, the City Planning Commission has recommended that the hereinaftel described land be resumed from General Residence District to Special Residence DJstrict;,and RD£REAS. notice required by Title IV, Chapter 4. Section 43. of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in *The Roanok~ 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 Otb day of September, 1964, 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 resuming; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be resumed, 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, lqS~, vela*In9 to Zoning, be amended and reenacted in the following particular and no other, viz.: That portion of approximately twenty-six acre parcel lying on the southerl slde of ilershberger Road, iff the City of Roanoke, ¥irglnia; westerly of Graadriew Avenue, N, N,; oortherly of D~rham Street, N, W.; easterly of the property of the Peter C, Huff Estate, and designated and described as Acreage, Barrens Map. excepting the following two portions thereof: (17 A strip thereof fronting on the ~esterly side of said Crandview Avenue, 1RO feet deep therefrom, and extending from the southerly side of said .Hersh~erger Road in a southerly direction to the northerly line of Block 24, Sectioi 4, according to the Map of Dorchester Court, (2) i strip thereof adjqining the northerly line of Blocks 24 and 25, Section 4, according to said Rap Of Dorchester Court, and the northerly terminus line of Speedwell Avenue, N. Wu, 120 feet deep, and extending in a westerly directio from the westerly line Of the above described exception (1) to the ,easterly line .of said property of the Peter C. Huff Estate, designated on Sheet 227 of the Zoning Map as Official Tax No. 2270208, 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, Wheeler and adopted by the following vote: 445 .446 AYES: Measrs. Garland, Jones, Pollard, Stoller, Mheeler and Mayor Dillard .............................. 6. NAYS: None ..................O. (Mr, Young absent) STREETS AND ALLEYS: Council having previously granted the request of the Community Hospital of Roanoke Valley that 'the northerly portion of Elm Avenue, S. E.. between Jefferson Street and First Street, be vacated, discontinued and closed upon the completion of construction of Elm Avenue (proposed), Rro Carroll D. Rea, Attorney, and Mr. M, Mo Armistead, III, President, appeared before the body and presented a petition of the Community Hospital of Roanoke Valley, requesting that the portion of Elm Avenue in question be vacated, discontinued and closed, effective November 15, If64, instead of upon completion of construction of Elm Avenue (proposed After a discussion of the matter, the Acting City Manager stating that the City Manager has indicated the rerouting of automobile traffic now using this portion Of Elm Avenue during the period between November 15, 1964. and the date on which Elm Avenue (proposed) is constructed can be accomplished with a minimum of inconvenience to the public, and Mr. H. Cletus Sroyles, Director of Public Works, and Mr. Jo Do Sink, Superintendent of Traffic Engine*Fin9 and Communications. con- curving in the opinion Of the City Manager, Mr. Stoller moved that the following Ordinance be placed upon its first reading: (~16029) AN ORDINANCE advancing to November 15, 1964, the date heretofore fixed by Council,for (1) vacating, discontinuing and closing the remaining northerly portloo of the present Elm Avenue, S. E.. between Jefferson Street and First Street. S. Eot as shown on wParcelBWof Plan No. 4745 and (2) the execution and delivery bT the officials of the City of Roanoke, Virginia, to Community Hospital of Roanoke Valley Of an appropriate deed conveying all the right, title and interest of*the City of Roanoke, Virginia, in and to "Parcel B" as shown on Plan No. 4745 to Com- imunity Hospital of Roanoke Valley in exchange for and upon receipt of a deed from iCommunity Hospital of Roanoke Valley conveying WParcel A" as shown on Plan No. 4745 to the City of Roanoke, Virginia. MHER£AS, the Council of the City of Roanoke, Virginia, on October 8, 1962, by virtue of its ordinance No. 14951, vacated the southerly 25 feet of Elm Avenue' between Jefferson Street and ~/rst Street. S. i., as shown off "Parcel B" of Plan No. 4745 prepared by the Office of the City Engineer effective June 1, 1963; vacated the remaining northerly portion of the said block of Elm Avenue as shown on, ~Parcel Bw of Plan No. 4745, effective upon the completion of the construction of WElm Avenue (proposed)W; and also upon the completion of the construction of *Elm Avenue. (proposed)W; authorized the officials of the City Of Roanoke to execute and deliver o deed conveying all of the remaining right, title and interest of the City of Roanoke, Virginia, in the said "Parcel Dw to Community Hospital of Roanoke Valley in exchange for and upon receipt of a deed from Commuflitl Hospital of Roanoke Valley conveying "Parcel A" as shown on Plan No, 4745 to the City of Roanoke; and WHEREAS, the general hospital mom under construction on the property of Conmueity Hospital of Room,he Valley con be constructed more expeditiously and more econowJcally if the date for the vacation of the remainder of the said bi,ch of Elm Avenne and the exchange or deed be advanced to Hoveuber 15, 1964; and WHEREAS. Council of the City of Roan,he deems an advance of the date previously set for the said taco,Jun of Elm Avenue and exchange of deeds desirable and proper; THEREFORE, DE XT ORDAINED by the Council of the City of Roan,he, Virginia as foil,ms: (1) The remainin9 northerly portion of the present Elm Avenue. $. E., mhich IS included within the bounds of "Parcel B* as shown on Plan No. 4745 of the Office of the City Engineer be, and it is hereby permanently vacated, discontinued and closed, effective November 15, 1964, Instead of upon completion of construction of "Elm Avenue (proposed)' as heretofore provided, (2) 7he Officials of the City of Roanoke, Virginia, be and they are hereby authorized and directed to execute and deliver to Community Hospital Of Roanoke Valley at any time after November 15, 1964, an appropriate deed conveying all of the right, title and interest of the City of Roanoke, Virginia. in and to *Parcel H" as shown on Plan No, 4745 to Community Hospital of Roanoke Valley in exchange for and upon receipt of an appropriate deed from Community Hospital of Roanoke Valley conveying "Parcel A", as shown on Plan No, 4745 to the City of Roanoke. Virginia. instead of upon the completion of the construction of Avenue (proposed)* as heretofore provided, The motion was seconded by Mr. Nheeler and adopted by the following vote: Dillard ................................ property his or her homer with an additional exemption of $600 for the spouse where Arthur V. Swan and J. E. Fogle, 447' 448 to suggest n l~ sales tax in the nest future In order to reduce other forms of taxation and that he is of the opinion the question should be referred to the Hud!et Commission to determine mhet It mill tahe in other revenue to mahe up the difference II the ~300 exemption Is granted, Hr. Pollard voiced the oplnioo that the question is one mhich cannot be handled in one session of Gouncilo that since the decision is a policy matter it should be studied by o conmlttee, and moved that n committee COmposed Of members of Council be appointed to study the request. The motion was seconded by Hr. Jones. Hr. Garland stated that he is symputhetic with the request, but pointed out that the dlfficulW in finding money to pay taxes is not confined to Just the !romp of persons over 65 years of age. that to single out this particular group mould be establishin9 a bad precedent, that he does not feel Council should give false hope to these people by appointing a committee, but should make its decision acm, ned o£[ered a substitute motion that the request be denied. The substitute motion failed for lack of a second. The original motion was then unanimously adopted. Mayor Dillard appointed Messes, Murray A. Stoller, Chairman. James £, Jones and Robert A. Garland as members Of the committee, SEbERS AND STORM DRAINS: Mr. James P. Hart, Jr,. Attorney. representing Mr. Joseph G. Fuller. appeared before Council and presented a communication, advising that ~r. Fuller has been unable to obtain a sewer lateral to his property at 2201 Florida Avenue, No b., because of some question as to whether or not Mr. L. S, [ytcben, former owner of land in the area, has complied with the Land Sub- division Ordinance. and requesting that Council direct thc proper city officials to proceed with thc construction of the sewer lateral without further delay. Mr. Stoller moved that the City AttorneT be directed to prepare the proper measure directing the proper city officials to extend a semer lateral to the propert! lifle of Mr, Fuller at 2201 Florida Aven~e, N. ~., the city, however, reserving its rights under the Land Subdivision Ordinance against Mr. L. S. [ytchen and whoever else might be liable with regard to the development of the area, The motion was seconded by Mr. ~heeler and unanimously adopted. P£TITIONS AND COMMUNICATIONS; STREETS AND ALLEYS: A petition of Mr. Frank [. Sauader~, Attorney, representing the Roanoke Gas Company, requesting that Seventh Street, N. E,, between Patton Aven=e and ~arrison Avenue; also Uarrlsoa Avenue, N. Ed. between Seventh Street and ~ball Avenue, be vacated, discontinued and closed, was before Council. Mr. Stoller offered the following Resolution providing for the appointment of viewers in connection with the reqRest. (=16030) A RESOLUTION providing for the appointment of five viewers in connection with the application of Roanoke Gas Company to permanently vacate, discon- tinue and close ?th Street, N. E., from its intersection with the northe£1y side of Patton Avenue. No Ed, northerIy to the north side of Harrison Avenue, N, E.; and Harrison Avenue, No E,, from the ~est side of ?th Street, N, ~., westerly for a distance of 299,45 feet along the northerly side thereof (ion,t from ?th Street. N, Ko, to Kimbell Avenue. N. £.). and for a distance of 299.39 feet along the southerly side thereof in the City of Roanohee Virginia. end being more partJcularll mb?mn On plat of survey prepared by C. O. Malcolm ~ So~. 5.C.E**s. dated July l, 1964. (For full text of Resolution. see Resolution Book No. 27. page 336.) Mr. it,lieF moved the adoption of the Resolution. The motion mas second,* by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Si.lieF, Mheeler and Mayor Dillard ................................ NAYS: None ..................O. (Mr. young absent) Mr. Si.liar then moved that the request he referred to the City Planning Commission for study, report and recommendation to Council. The motion mas seconded by Mr. Wheeler and nnanimously adopted. DEPARTMENT OF PUBLIC MELFARE: A communication from Mr. Cecil Simmons, Complaining that he has been unable to obtain emergency relief for food from the Department of Public Melfare, was before Council. On motion of Mr. Stall.r, seconded by Mr. Wheeler and unanimously adopted, the communication was filed. SALE OF PROPERTY: Council having previously received an offer from Mr. N. J. Kraige to purchase property located on the north side of Morgan Avenue, S. described as Lot 25, Block 11, Mornlngside Bei~hts, Official Tax No. 4131725, for the sum Of $250, and the Real Estate Committee having recommended that the lot in question be sold for $365. a communication from Mr. Kraige, offering to pay $365 for the lot. was before the body. Mr. 5toiler moved that Council accept the revised offer and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Nheeler and unanimously adopted. BUDGET-SCHOOLS: A communication from the Roanoke City School Board, requesting that SI,BO0 be transferred from Food to Storage under Section 'Schools-Food Servlces,* of the 1964 budget, in order to defray the cost of refrigerated storage of government donated foods, was before Council. Mr. Stoller moved that Council concur in the request of the School Board and offered the following emergency Ordinance: (M16031) AN ORDINANCE to amend and reordain Section MgO00, "Schools-Food Services,~ of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 338.) Mr. Si. Ilar moved the adoption of the Ordinance. The motion Mas seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stall.r, Wheeler and Mayor Dillard .............................. NAYS: ~one ..................O. (Mr. Young absent) 449 '450 SCHOOLS-SIOEMALR. CURB AND CUTTER: A communication from the Roanoke City School Board. expressing the appreciation of the School'Boord rot the In,talin*lan by the city of sldemslk, curb end gutter on the east side of Canterbury Rand. $o Wo. along the Waseno School site. and on the southeast side of Trinkle Avenue. N. E.. along the James Brecklnrldge Junior High School sites was before Council. On motion of Mr. Stoller, seconded, by Mr, Pollard and unanimously adopted, the communication was flied. SEMERS AND STORM DRAINS: Council having concurred in the recommendation of the City Manager that he be authorized to readvertise for bids on the constructio~ of an 8-inch sanitary sewer main to serve Robyn Road. Mright Road and a portion of Colonial Avenue and Creston Avenue. S. M.. on the basis of eliminating the con- struction of the sewer line along the rear of the properties on the east side of Wright Road and installin9 the sewer main at a greater depth in Bright Road instead, n communication from Mr. M. To Matt!ns, requesting that action on read~ertising for bids be deferred until another alternate proposal is suhmitted~ was before the body. Rt. Jones moved that Council concur in the request. The motion was seconded by Hr. Stoller and unanimously adopted, REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUBLIC WELFARE: The Acting City Manager submitted a written report Of the City Manager, advising that the Medical and Housekeeping Supplies account under Section mSl, "Physiciam." of the 1954 budget, is almost exhausted, and recommending that ~10,000 be appropriateo got the purchase Of medicine and medical supplies for the balance of the year. Mr. Garland moved that Council concur in the recommendation of the City NAYS: None ..................Oo (Mr. Young absent) Manager and offered the follomlng emergency Ordinance: (o16033) AN ORHINANCE to amend end reordeln Section #80, #Engineering,' of the 1964 Appropriation Ordinance, and providing for an emergency, (For fall text of Ordinance, see Ordinance Hook No. 270 pege 339,) #r. at.lieF moved the adoption of the Ordinance. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Stoller. Wheeler and Mayor Dillard ................................ 6. , NAYS: None .................. O, (Mr. Yonng absent) BUDGET-MATER DEPARYMENT: The Acting City Manager submitted a ~ritten report of the City Manager. advialn9 that the severe drought of last autumn and winter depleted storage at Uarvins Core and forced the Water Department to use the low-lift pumps Jo the raw water line at the Cervins Cove Filter Plant. and recom- mended that since the cost of electricity far these pumps was not included in the 1964 budget $2.200 be appropriated to Utilities under Section ~2RO. *Purification.* of the 1964 Water Department badger, to corer the cost of utilities for the balance of the year, Manager and offered the following emergency Ordinance: (=16034) AN ORDINANCE to amend and reordain Section =280. 'Purification of the 1964 Mater Fund Appropriation Ordinance. and providing for an emergency. (For full text Of Ordinance. see Ordinance Book No. 27. page 339.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. 5toller. Nheeler and Mayor Dillard ................................ 6. NAYS: None ..................O. (Mr. Young absent) BUDGET-TRAFFIC ENGINEERING AND COMMUNICATIONS: The Acting City Manager submitted a written report of the City Manager. recommending that $25 be transferred from Housekeeping Supplies to Dues~ Memberships and Subscriptions under Section =81 *Traffic Engineering and Co=muflications." of the 1964 budget. Mr. Stoller moved that Council concur in the recommendation Of the City Manager and offered the following emergency Ordinance: (=16035) AN ORDINANCE to amend and reordain Section =81. 'Traffic Engineering and Communications." of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 27. page 340.) Hr. Si,lief moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pallard. Si,lief. Nheeler and Mayor Dillard .............................. NAYS: None ..................O. (Mr. Young absent) 451 BCDGET~PARE$ AND Iq. AYGROUNDS-STATE BIGHRAYS: Council herin9 previously cuthorized the proper city officials to deposit, and pcy into court the amount of $13,100 for the lO~.8-~cre tract of land owne~ by ars. Clare E. Buck, in connection uith the Mill Mountain - Blue Ridge Parkuay Spar and Recreational Area ProJect, the Acting City Manager submitted a written report of the City Manager, advising that th~ commissioners ia condemnation proc~edings b~ought ~OF the acquisition of the tract of land hare fixed the value of said property at $14,500, and recommended that the award made by the commissioners be accepted and the additional cost o! $1,400 for the land oppropriated. Br. Stoller moved that Council concur in the recommendation of the City Manager and offered the following Resolution accepting the award made by the commissioners: (s16036) A RESOLUTION authorizing the acceptance of an award made by commissioners in condemnation proceedings brought for the acquisition of a 104.8 acre tract of land for the Mill Mountain-Blue Ridge Parkway Spur and Recreational Area Project, (For full text of Resolution, see Resolution Book No. 27, page 340°) Mr. Stoller moved the adoption of the Resolution, The motion was seconded by Mr, Rheeler and adopted by the following vote: AYES: Messrs. Garland. Pollard, Stoller. Wheeler and Mayor Dillard ..... 5, WAYS: W~ne ....................... y .................................... (Mr, Jones not voting, Mr. Young absent) Mr. 5toller then offered the follosing emergency Ordinance appropriating the additional $1,400: (=16037) AW ORDINANCE to amend and reordain Section si?O, 'Capital," of the 1964 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book Wo, 27, page 311,) Mr. Stoller moved the adoption oF the Ordinance. The motion was secooded by Mr. Wheeler and adopted by the following vote: AYES: ~essrs, Garland, Pollard. $toller, Wheeler and Mayor Dillard .......5, NAYS: None .............................................................. O. (Mr, Jones not voting, Mr, Young absent) BUDGET-DEPARTMENT OF PUBLIC WELFARE: The Acting City Manager submitted a written report,of the City Manager, pointing out that Council at its meeting on August 3, 1964, approved the additional positions o£ two Social Morkers and one Clerk-Typist B in the Department of Public Re!fare, and recommended that he be authorized to fill these positions retroactive to September 14, 1964. Mr, Stoller moved that Council concur in the recommendation of the City Manager and offered the f~llowJng Resolution: (~16038) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book Wo. R?, page 341,) Yr, St,lieF moved the adoption of the Resolution. The motion was sec,nde* by Hr, Nhneler and adopted by the roll,ming vote: AYES: Hessrs, Garland, Jones, Pollard, St,lief, Mheeler and #ayor Dillard ............................... NAYS: None ..................O, (Mr, Young absent) BUDGET-PAY PLAN: The Actin9 City Manager submitted the folloming report of the City Manager, recommendin9 that certain vacancies in various municipal departments be filled since they are of an emergency nature: ~Roanoke, Virginia September 2B, 1964 To the City Council Roanoke, Virginia Gentlemen: The follomin9 employees are needed for the efficient opera- tion of the City: MELFARE - City Ilome (~54) - Orderly, Group 20. Step AUDITOR - Bookkeeper FIRE DEPARTMENT - One Fireman ENGINEERING DEPARTMENT - One Clerk-Stenographer, Group 15 City Garage: Account =99 One Service Assistant, Group 6 Refuse Disposal: Account a97 Five Disposal Laborers - Group 10 Street Cleaning: Account One Disposal Laborer - Group 10 Street Repair: Account Three Street Crew Helpers, Group 9 S~wer Maintenance: Account ~94 T~o Street Crew Helpers, Group Sewer and Drain Construction: Account =141 Three Street Crew Helpers, Group HEALTH DEPARTMENT - Janitor II, Group lB In addition, I would like to suggest that the classification of Custodian (Municipal Building) Group 12, be reclassified to S/ Arthur S, Owens 453 ~454 AYES: Messrs. Garland. Jones. Pollurd. St.lief. Mheeier iud Mayor Dillard ........................... . ..... NAYS: None ....~ ........ ~ .... 0. ,(Mr. Young absent) Mr. St.lief then moved that Coancfl concur lu the recommendations of the City Manager with regard to filling the remaining vacancies 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. BUDGET-DEPARTMENT OF PUBLIC written report Of the City Manager, advising that $190,00 ~as fnclgded in Office Furniture and Equipment - New under Section #80, 'Engineering,# of the 1964 budget, for the purchase of a new desk, that there is an unexpended balance of $299.40 in this account and recommended that sufficient funds be transferred from this unexpended balance to provide for the purchase of the new desk for the sum of $248,10. Mr. St.lief moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=16040) AN ORDINANCE to amend and reordain Section =80, *Engineering,* of the 1964 Appropriation Ordinancet and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 27, page 342°) Mr. St.lief moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: Mr. St,lief moved that Council concur la the recommendation of the City Manager nad offered the f,Il,wing Resolution: (n16041} A RESOLUTION authorizing the acceptance of a deed pursuant to which the City of Roanoke Rederelopmeot and Honslng Authority reconveys unto the City of Roanoke.certain parcels of.real estate. (For foil text of Resolution, see Res,lot/on Rook No. 2~, page 343,) Mr, St,lief moved the adoption of the Resolution. The motlon was sec,nde4 by Mr, Garland Dad adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. St,lieF. Mheeler and Mayor Dillard ................................ 6. II~yS: None .................. O. (Mr. Y,un9 absent) STREETS AND ALLEYS: The Acting City Manager submitted a written report of the City Managers transmitting an offer of Mr, English Showalter, Attorney, representing Mr, William Matts and Mrs, Jean S, Showaltero to donate to the city for street purposes an 80-foot strip of land through the Matts Farm for a distance of 2,750 feet between Twelfth Street and Seventeenth.Street, N, W,, north of Watts Avenue, provided the city will accept and improve the street at no expense to the property owners. On motion of Mr. St,Ilar, seconded by Mr. Mheeler and unanimously adopted the offer was referred to the City Planning Commission for study, report and recommendation to Council, BUDGET-FIRE DEPARTMENT: The Acting City Manager submitted a written report.of the City Manager, transmitting the following communication from the Chief of the Fire Department with regard to type and distribution of fire companies in the City of Roanoke to improve the situation: "August 26, 1964 Mr. A. S. Owens City Manager Roanoke, Virginia Dear Mr. Owens: I am of the opinion that the City of Roanoke has a serious deficiency in the number of manned ladder trnck companies. I wish to recommend the f,Il,sing changes in type and distribution of our fire companies to Improve the situation. Fire Station (55 Noble Ave. N. E.) Our reserve ladder Station (1742 Memorial Ave. 5o W.)o Facilities already Station (323 Highland Ave. S. N.). These 10 men could S/ S° RD Vaughan 455 In his report, the City Nnnoger advised that the National Board of Fire Uodermriters concurs in the three recommendations of Chief Voughan and recommended that Council consider abolishing the No, 4 ~ogine Company located at No. 4 Fire Station, In this connection, Hr. Rex T, Stuart, 916 Franklin Road, S, M,e appeared before Council in opposition to abandoning the No. 4 Fire Station, Mr. Stuart protesting that not only is the fire station needed to serve the area Jn which he lives, but, if anything, it should be improved. Coancil having,previonsly authorised the exchange of a strip of land from the front Of the Beth Israel Syoagogue located at the northeast corner of Franklin Road and Highland Avenue, So M** for street purposes, for a strip of land from the No. 4 Fire Station site at the rear of the Beth Israel property, in connection with the construction of a one-story addition to the original structure occupied by the Synagogue, Mr. Morton Honeyman, Attorney, appeared before the body, advising that the Synagogue has been interested in buying the property Occupied by the No. 4 Fire Station for at least 15 years, but that only recently has the National Board Of Fire Underwriters agreed to the abandonment Of the fire station, Mr. Boneyman statlfl that the Beth Israel Synagogue is willing to purchase the property at a price agreed upon after an appraisal of the land by the Synagogue, the city and possibly a third Hr, Stoller moved that Council concur la the recommendation of the City Hannger that the name of the street be changed and that the matter be referred to the City Attorney for prepnratioe of the proper measure, the hem name of the street to be determined before final action of Council, The motion was seconded by Mr, Wheeler and unanimously adopted. CITY GOV£RNMENT: Council baying referred to a committee composed of Wessrs. Murray A, Stoller, Chairman, Roy R. Follard, Sr. 0 Vincent S. Wheeler and Arthur S, Omens, for study, report and recommendation, a suggestion of the City Wanager that Council authorize the renting of the second floor of the building at 306 Second Street, S. W., to provide office space for various municipal departments at a rental of $6,000 a year, the Acting City Manager submitted the following report of the City Manager: *Roanoke, Virginia September 20, 1964 To the City Council Roanoke, Virginia Gentlemen; In furtherance of several conferences between representatives of the City of Roanohe and Mr. Darr~ Marley, representing the Southwest Virginia Savings and Loan Association, I mould lihe to recommend the following: 1. That we enter into a lease with the Southwest Virginia Savings and Loan Association for a term of three years, with a three-year renewal option. 2, The City furnish Its own janitorial service. The Southwest Virginia Savings and Loan Association to pain? the interior, 4.The City with its omo staff and personnel do the necessary improvements. 5. The annual rental would be $5,000 per year. I am presenting to yon tentative drawings showing how the necessary improvements can be made. If the foregoing agreement is consummated, then it will be necessary to appropriate the sum of $3500 to prepare the buildln9 for the several departments, which Council plans on transferring to this building. Respectfully submitted, $/ Arthur S, Owens 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. Mr. Wheeler then moved that the City Manager be directed to furnish Council with more detailed information as to the proposed remodeling of the buildin* The motion was seconded by Mr. Stoller and unanimously adopted. SEWERS AND STORM DRAINS: Council having referred to the City Manager for study, report and recommendation the request of property owners and residents of the 3700 and 3800 blochs of Salem Turnpike. Nj W,. that drainage conditions in that area be corrected, the Acting City Manager submitted a written report of the 457 458 City Manager, advising that it is the opinion of the Director of Public Works that this drainage problem is the responsibility of the city nnd not the subdivider of the Foxuood ~o, 3 Subdivision and that this particular problem can be solved nt an estimated cost of $9,500. In this connection, MFS, Cleopa M, Co*de appeared before Council and urge( that the drainage problem be corrected. Mr. St*lief moved that the matter be. referred to the Budget Commission In connection with its consideration of the 1965 budget, The motion was seconded by Mr, Jones. M~. Mbeeler offered a substitote motion that the City Manager be directed to advertise for bida on the project. Yhe motion Was~scconded by Mr. Pollard and adopted by the following vote, Hr. Garland voicing the opinion that all storm drain problems should be considered at one time on the basis of need; AYES: Messrs, Jones, Pollard, ~heeler and Mayor Dillard ................4. ~AYS: Messrs. Garland and Stoller (Mr. Young absent) SCHOOLS-SIDENALK, CURB A~D GUTTER: Council having referred a request of 294 citizens that the city construct a sidewalk along the east side of Grandin the spplicstiou for survey and pl~uuleg funds and extending its cooperation to assure the ccutineed correlation of this project with the compreheusise plan for the City of Roanoke. Mr. Stoller moved that a copy of the Re~luticn be foruarded to the City of Run- neR,development and Mousing Authority for its information. The motion was seconde( by Mr. Mheeler and ununluously adopted° ZONING; Council having referred to the City Planning Commission for study, report and recommendation a request o~ Mr, Ro Price Fields that a 1.39-acre tract of land located on the east side of Core Road. N, N** sooth of Uershberger Road. designated as Official Tax No, 248014~, be rezoned from General Residence District to Business District, the City Plannin9 Commission submitted a written report, recommending that the request be granted. Mr, Stoller moved that a public hearing on the matter be held at 7:30 p,mo, November 2, 1964. The motion was seconded by Mr, Rheeler and unanimously adopted, REPORTS OF COMMITTEES: BRIDGES: Council baring referred to a committee composed of RessFs, Roy Pollard. Sr., Chairman, Arthur S. Owens and H. Cletus Broyles, for tabulation and report, bids received on furnishing all materials (except concrete) necessary for replacin9 wooden floor and stringers on the Ralnut Avenue Bridge with steel stringer and 3-inch metal grating floor, the committee submitted a written report, together with a tabulation of the bids, and recommended that the low alternate proposal of American Bridge, Division. United 5totes Steel Corporation. in the amount of $10,455, based on 4 l/2-inch l-Beam-Lob bridge flooring, be accepted. After a discussion of the mutter, Mr. Jones protesting that he wants to know the entire cost of the project, including the concrete, before acting on the question, Mr. Pollard. moved that Council concur in the recommendation of the committee and offered the following Resolution: (~16042) A RESOLUTION accepting the proposal of American Bridge, Division, United States Steel Corporation, for furnishing certain bridge materials for repairs to Walnut Avenue Bridge; authorizing the Purchasing Agent to issue the requisite purchase order; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 27, page 344.) Mr. Pollard moved the adoption of the Resolution. The motion was secoedec by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Pollard, Stoller, Mheeler and Mayor Dillard ....5. NAYS: Mr. Jones .......................................................1. (Mr. Young absent) UNFINISHED BUSINESS: PERSONNEL DEPART#ENT-PAy PLAN: Council at its last regular meeting havin filed the preliminary report of a committee with regard to the c~eation of u 459 .460 Mr. Wheeler moved that action on the m~tter be deferred until the next regular meeting of Council on October 5. 1964. in order that the members of Council might have an Opportunity to study the draft of Ordinance, The motion Was seconded by Mr. Jones and ununJmnusly adopted. CONSIDERAYIO~ OF CLAIMS: I~TRODUCTIO~ AND CONSID£RATIO~ OF ORDINANCES A~D R£SOLUTIDN$: 8UDG£T-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in various m~niclpal departments SinCe they are of an emergency nature, he presented sa~e; whereupon, Mr. 5toller offered the followin9 Resolution: (#lG04~) A RESOLU~IO~ authorizing the City M~ger to em~lo~ certain personnel. (For full text of Resolution, see Resolution Cook No. 27, page Mr. $toller noted the adoption of the Resolution. The motion was seconded by WF. Wheeler and adopted by the following vote: AYES: Wes~rs. Garland, Jones, Pollard, Stoller, Whee~er and Mayor Dillard ............................... NAYS: No~e ................ 0. (Mr. ~oung absent) $IG~$: Council having directed the City Attorney to prepare the proper measure granting Mr, Yack Aheron, t/a Wack AheFon Advertising, permission to continue the encroachment of a sign on cit~ property at 251~ Franklin Road, 5o W., be presented same; uhere~pon, Wt. Jones moved that the following Ordinance be placed upon its first reading: #A~ ORDINANC£ granting a revokable, conditional permit to Mack Aheron, tF/as Mack Aberon Advertising, to maintain a sign on certain property of the City On Franklin Road, $. W~EREAS, Hack Aheron, tr/as Mack Aberon Advertising, bas requested permission to maintain a sign on certain City-owned prope£ty hereinafter described, In which request this Council, Subject to the provisions hereinafter contained, concurs, ~KER£FORE, ~E IT ORDAINED by the Council of the City of Roanoke that Mack Aberon, tr/as Wack Aheron Advertising, be and is hereby permitted to maintain an existing sign on and over certain propert~ heretofore acquired by the City for the future widening of Franklin Road, S. N., and formerly a part of Lots 2 and ~, Block 1, according to the Map of Fairlaun, known as ~o. 2515 BE IT FURTHER ORDAINED that, by acting pursuant to the author- ization herein contained, the permit*ce covenants and agrees to indemnify sad save harmless the City from any and ail liability that might result to It because of the erection or maintenance of the aforesaid sign. in evidence of mhich agreement said permit*ce shall, before acting hereunder, execute an attested copy of this ordinance, to be kept on file in the office of the City Clerk,' The motion nas seconded by Hr, Pollard, Mr, Smaller moved that the Ordinance be amended to Include a provision for a fair rental for the space occupied by the sign at the discretion of the City Manager, The motion nas seconded by Mr. Pollard and lost by the folloming vote: AYES~ Ressrs. Pollard and Smaller .................................... 2o I~AYS: Messrs. Garland, Jones, Wheeler and Mayor Dillard .............. 4. (Mr, Young absent) After a further discussion of the matter, it being pointed out that the sign mas inadvertently erected on its present site after the strip Of land was conveyed to the city for street purposeae and Mro Jones stating that he offered the AYES: None .................. O. Dillard ................................ 6, (Mro ¥oun9 absent) ,461 462 is made for the mJdoms and children or city employees who are members of the Employees* Retirement System until they reach'their 20 year or 30 year retirement and suggesting that present members of the Employees* Retirement System he given the option of also carrying SOcial Security and that future city employees be placed under Social Security with the option of also Joining the Employees* Retire- ment System, Mr, Stoller moving that the existing committee be discharged and that a new committee composed of Messrs. Murray A. Stoller, Chairman. Benton O. Dillard James E. Jones and J. Robert Thomas be appointed to study the question of placing city employees under Social Security. as nell as the Employees*Retirement System. Thc motion mas seconded by Mr. Pollard and unanimously adopted. MATER DEPARTMENT: Mr. Stoller stated It is his understanding the city receives less than delivery cost for water sold non-resident consumers due to a decline in rate for large consumers and moved that the question of increasing water rates for large consumers outside of the corporate limits be referred to a committe~ composed of Messrs. Vincent S, Wheeler, Chairman, Arthur S. Owens, Randolph O. Whittle, J. Robert Thomas and J. A, Brogan for study, report and recommendation to Council. The motion was seconded by Mr. Garland and unanimously adopted. On motion of Mr. Jones, seconded by Mr. StolJer and unanimously adopted, the meetin9 was adjourned. APPROVED AT~EST: City Clerh ~ayor COUNCIL. EEGULAR MEETING. Monday. October 5. 1964. The Council of the City of Bonnoke met in regular meeting In the Council Chamber in the Municipal Hutlding, Monday, October 5. 1964, at 7:30 p.m., mith Mayor Dillard presiding. PRESENT: Councilmen ~obert A. Gtrlend, James E. Jones, Roy R. Pollard. Sr., Vincent S. Mheeler, Murray Aa Stoller.nud Mayor Benton O, Dillard ........... 6. ABSENT: Councilman Mailer L. Young ....................................!. OFFICERS PRESENT: Mr, Arthur S. Omens, City Manager, Mr. Randolph G. Whittle, City Attorney, amd Mr. J. Robert Thomas, City Auditor, INVOCATION: The meeting was opeoed ~Ith a prayer by the Reverend R. R. Milkiuson, Pastor, Hill Street Baptist Church. ~ARfNG 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, 1q64, to October 15, 1965, said proposals ~o be received by the City Clerk until 5:00 p.m., Monday, October 5, 19bd, and to be opened et 7:30 p.m., before Council, Mayor Dillard asked if anyone had any questions about the advertisement, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; mhereupon, the City Clerk opened and Fend the folloming bids: No. ! No. 2 No. 5 Bidder Net Net Net American Oil Company $.1300 $.llHO Andrems, Pitzer, Butler Fuel Oil Corporation 9.1345 $.1175 $.0ql8 Andrews Trout Company $.1400 $.1230 Fuel Oil and Equipment Company, Incorporated 9.1290 $.1155 $.1015 Gulf Oil Corporation 9.1249 9.1099 Humble Oil and Refining Company $.1370 $.1195 Pure Oil Company 9.1500 9,1350 Sinclair Refining Company 9.1285 9.1169 Yon Mood Oil Corporation 9.1325 $.1175 9.0930 Whiting Oil Company 9.1149 9.1020 Mr. Stoller moved that the bids be referred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Arthur S. Owens and Bueford B, Thompson for tabulation and report to Council. the City Attorney to prepare the proper measures accepting the proposals Of the lowest responsible bidders. 'The motion was seconded by Mr, Wheeler and unanimously adopted. SEWERS AND STORM DRAINS: Council having previously set a public hearing for 7:30 p.m** Monday. October 5, lqbd, on the question of constructing a public sanitary se~er to serve a portion of the Jackson Park and Lilyviem Subdivisions 463 464 No one appearing either for or against the proposed saner proJect, Bad Council having deferred action on the recommendation of a committee composed of Messrs. Roy R. Pollard. St** Chairman, Arthur $. O~ens and H. Cleans Oroyles that the lam bid of the Oraper Construction Company for the project in the amount of $39.260.?$ be accepted and that $39.285.75 be appropriated to cover tbs contract and advertising costs in the amount of SIT, pending the outcome or the public hearing, Mr. Stoller eared abet Council concur in the recommendation or the committee and offered the folloming emergency Ordinance accepting the proposal of the Oraper Construction Company: (~16044) AN ORDINANCE accepting the proposal of Draper Construction Company for the construction of an 8" sanitary saner main to serve properties in the vicinity of Jackson Park; 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. 27, page 34B.) Mr. Stoller moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the follouin9 vote: AYES: Messrs. Garland, Jones, Pollard, Smaller, Mheeler and Mayor Dillard ................................... NAYS: None .....................O. (Mr. Young absent) Mr. Smaller then offered the follo~ing emergency Ordinance appropriating $39,285.75: (~16045) AN ORDINANCE to amend and reordain Section ~170, "Capital," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 348.) Mr. Smaller moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, Wheeler and Mayor Dillard ................................... 6, NAYS: None--~ ..................O. (Mr, Young absent) ZONING: Council having previously set a public hearing for 7:30 Monday, October S, 1964, au the request of the Hartman Land Corporation and Mr. Wllmer B. Crickard. et ax., that three tracts of land located on the south side of Hershberger Road. N. W., east of Ferncliff Avenue, designated as Official Tax Nos. 2480111, 24B0141 and 2480110, respectively, be rezoned from General Residence District to Business District. the matter was before the body. In this connection, the follomiog communication from the City Planning Commission, recommending that the request be denied, mas before Council: "August 27, 1964 The Honorable Murray A. Stoller, Mayor and Members of City Council Roanoke, Virginia Gentlemen: At its regular meeting of August 26, 1964, the City Planning meeting It mas learned that the Hortmon Land Corporation.Is plnnnlng to sell this land to n oil company for the construc- tion of a gasoline service station. Records sham that n request for renaming of the same property mas denied by the Planning Commission on July 17, 1963. Residents of the neighborhood appeared to voice t~eir objections to the requested rezonlng of the above mentioned property. A petition containing 61 names of residents of this neighborhood mas received and added to the records. Reasons rot objections mere the present residential character of the oreo, the traffic hazards created by business development nnd the lowering of real estate values of single family homes. Having duly made field inspection and after careful consideration of all land planning factors, the Planning Commission concluded that the proposed renaming of the property mould not be compat.ible with existing residential character of the area end mould be detrimental to the value of the neighborhood. The Planning Commission therefore recommends to CJtyCouncJl that the above rezoning request be denied, Very truly yours, S! Warner K. Sensbach for Henry H. Boynton Chairman' Mr. Earl A. Fitzpatrick, Attorney, re~esenting the petitioners for Forgoing, appeared before Council, pointing out that the present request covers approximately one-half the depth of the two tracts of land owned by the Hartean Laed Corporation which were not rezoned in 19~3, that since that time Interstate Spur S81 has ~eefl constructed, Hershberger Road has been widened and the runways at Roanoke Municipal (Moodrum) Airport are being lengthened, thereby increasing vehicular traffic In the area and bringing air traffic dozer thereto; that Roanoke County has already zoned a tract of land On the other side of Hershberger Road for a filling station, that the Hartman Land Corporation has a contract for the sale of the northeast corner of the tract of land designated as Official Tax No. 2480111 for the construction of a filling station and that his clients are confident they can get a contract for the sale of the remainder of the land for the construction of a motel if ail three tracts of land are rezoned; that the petitioners will plant thick shrubbery along the western boundary of their property if it is rezoned to create a buffer between the business property and the residential property in Snathmore Place; and that if the land is not rezoned for business it Hill be useless to the petitioners since it is not suitable for residential development. Appearing in opposition to the request for rezoning for the reasons until in the communication from the City Plannin9 Commission was a delegation of resident of Ferncltff Avenue, Swathmore Avenue, Kirhland Avenue end Glenroy Avenue, with Mr. George E. Jones and Mr. W. C. Simmerman acting as spohesmen. After a further discussion of the matter, Mr. Stol/er observed that if Council does not rezone the property it will merely be driving business across Hershberger Road into the county and moved that the followin9 Ordinance be planed upon its first reading: 465 ed '466 (~16046) AN ORDINANCE to amend and reenact Title X¥, Chapter 4. Section 1o of The Code of the City of Roanoke, 1956, in relation to Zoning, WHEREAS~ applicution bas been made to the Council of the City of Roanoke to have three (3) pa,rcela of land fronting oa Hershberger' Road. a.s hereinafter described, b,el~g the nortbsesterly portions of Official Tax Nos. ~480141 and 2480111 and being all of Official Tax ~O, 2480110. rezoned from General Residence District to Business District~ sad WHEREAS° th~ City Planning ~o~miasi~n bas recommended that the hereinaftes described land not be resound from 6eneral Residence District to Business District: WHER£AS, notice required by Tltl~ X¥, Chapter 4, Section 43, Of The Code of the City of Roanoke. 1956, relatin9 to Zoning, has been published in "The Roanoke World-Ness.~ a nesspaper published in the City of Roanoke, for the tim required by said sectlon~ and WHEREAS, the bearing as provided for in said notice sas held on the 5th day of October, 1964, at T:30 p.L, before the Council of the City of Roanoke, at WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, H~ IT ORDAINED by the Council of the City of Roanoke. that Title X¥, Chapter 4, Section 1, of The Code of the City of Roznohe. IV~, relating to Zoning, be amended and reenacted ia the folloxing particular and no other, viz.: That the following described properties, namely: (a) The northsest portions of Official T~x ~os. 2460111 and 2480141, together fronting approximately 380.19 feet on the south side of Hershberger Road, Lot 2480111 extending 454.0 feet aloe9 the southwesterly side of relocated Klrkland Drive fro~ Hershberger Road and Lot 2490141 extending 380.0 feet in a southeaaterl~ direction along the northeast line of Bloch 1, Section 1, Ssarthmore Place, from the southsest corner of Official Tax No. 2480110: and (b) All of Official Tax No. 2480110, bein9 a Oo2-acre lot situated on the south side of Hershberger Road: the properties described as (a) and (b), above, being outlined in red crayon on a certain plot shosing a portion of the property of Havtman Land Corporation. prepared by David Dick and Harry A. Wall, Civil Engineers, under date of January 1Oo 1963, a copy of ~hich plan is on file in the office of the City Clerk, be, and is hereby, changed fro~ General Residence District to Business District, and the Zoning ~ap shall be changed in this respect. gr. Jones offered a substitute motion that the Ordinance be amended to rezone only the northeast Corner of the tract of land designated as Official Tax No. 248Olll on which a filling station Is proposed to be erected. The substitute motion failed for lack of a second. ti The original motion was then adopted by the following vote: AYES: Messrs. Garland, Pollard, Stoller, Mbeeler nnd Mayor ~lllard .....5, NAYS: Mr. Jones ........................................................1. (Mr. Young absent) STEE£~S A~O ALLEYS: Council having previously set a public bearing for 7:30 p.m., Monday,.October 5, 1964, on the request of Nindshleld Glass Distributors iCoapany, Incorporated. that o 12-foot alley running through Block 7, Chamouni Land Company Hap. in a north-south direction between Orange Avenue and HcDowell Avenue, N. E., parallel to hinth Street and Eleventh Street. be vacated, discontinued and closed, the matter was before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be granted, nas before Council: "August 27. 1964 The Honorable Murray A. Stoller. Mayor and Members of City Council Roanoke. Virginia Gentlemen: ~hts request was considered by the Planning Commission during its regular meeting of August 26. 1964. Mr. G. Marshall Mandy, attor- ney, informed the Plannin9 Commission that his clients request closing of the alley in order to consolidate their properties and to permit the construction of an addition to the building pre- sently owned and occupied by Windshield Glass Distributors Com- pany. Inc. After careful consideration of all the factors involved, the Plan- ning Commission found that no need exists for the retention of this alley as part of the City's street system. The Planning Com- mission, therefore, recommends to City Council that this alley be closed for a distance starting from McDowell Avenue, N. E., and extending to the setback line established by Ordinance No. 11447 dated May 26, 1952 of Orange Avenue, the City to retain necessary easements for public utilities, Very truly yours. S/ Warner K. Sensbach for Henry H. Hoynton Chairmanw Council having appointed viewers In connection with the application, the viewers submitted a written report, advising that they have viewed the alley and the adjacent neighborhood and are unanimously of the opinion no Inconvenieoce would result, either to any individual or to the public, from vacating, discontinuing and closing same. Mr. G. Marshall Mundy, Attorney, representing the petitioner, appeared before Council in support of the request of his client. No one appearing in opposition to the closing of the alley. Mr. Stoller moved that Council concur in the recommendation of the City Plan~ing Commission and that the following Ordinance be placed upon its first reading: 467 468 (s16047) AN ORDINANCE permanently vacating, discontinuing and closing that portion of a certain 12-foot.alley rugning through Block To Chamouui Land Con- puny Map, in a north-south direction from Orange Avenue, N. E., to McDowell Avenue. N. E., in the City of Roanoke. Virginia. WHEREAS, Windshield Glass Distributors,Company, Incorporated. has hereto- fore filed its petition before the Council of the City 9f Roanoke, Virginia, in accordance with !aw, requesting the Council to permanently vacate, discontinue and close the above-described certain portion of a 12-foot alley, and due notice of the filing of said petition Mas given to the public as required by laM; and NBEREAS, in accordance With the prayers of said petition, viewers Mere appointed by the Council on the l?th day of August. 1964. to view the property and to report in writing in their opinion any inconvenience Mould result from permanentl vacating, discontinuing and closing portions of said 12-foot alley; and WHEREAS, it appears from the written report of viewers filed with the CitI Clerk on the 1st day of October, 1964, that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing said portions of said alley; and WHEREAS. Council at its meetin9 on August !?. 1964. referred the petition to the City Planning Commission. which Commission in its report before Council on August 31. 1964t recommended that the said portion of the 12=foot alley be'closed; and WIIEREAS. a public hearing wes held on the question before the Council at its meeting on the 5th day of October. 1964. at 7:30 p.m.. after due and timely notice thereof was published in *The Roanoke World-~ews.# at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the question; and WHEREAS. from all of the foregoing, the Council considers that no incon- venience will result to any individual OF to the public from permanently vacating. discontinuing and closing the said portion of the 12-foot alley, as recommended by the City Planning Commission, and that accordingly said portion of said alley should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a certain portion of said IR-foot alley, in the City of Roanoke. ¥irgiflla. described as follows, to-Mit: That portion of a 12-foot alley running through flloch ?, Chamouni Land Company Map, in a north-south direction between Orange Avenue and McDowell Avenue. N. E.. parallel to Ninth Street and Eleventh Street. be and it is hereby permanently vacated, discontinued and closed; and that all right. title and interest of the City Of Roanoke and of the public in and to the same he and it is hereby released insofar as the Council of the City of Roanoke is empowered so to do. the City of Roanoke reserving unto Itself. however, a perpetual easement for sewer lines, drains, water lines and other public utilities which may now be located in and over the aforesaid alley. BE IT FURTHER ORDAINED that the City Engineer be Rod he hereby is directed to Bark "permanently vacated" on the said portion of said alley on all maps and plat! on file in his office go which said alley is shown, referring to the hook and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINEH that the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said court BOy make proper notation on all naps or plats recorded in his office upon mhlch ore shown said portions of the said alley, as provided by law, and record the some in the deed book in his office, indexing the same in the name of the City of Roanoke as grantor and in the name of Mindshleld Glass Distributors Company, Incorporated, as grontee. The motion mos seconded by Mr. Rbeeler and odopted by the following vote: AYES: Messrs. Garland. Jones, Pollard. Stoller, Mbeeler and Mayor Dillard .............................. 6. NAYS: None ................O. (Rro Young absent) STREETS AND ALLEYS: Council having previously set a public hearing for ?:30 p.m., Monday, October 5, 1964, on the request of Mr. Bersey M. Allen, et al.. that 6 1/2 Street, S. E., be vacated, discontinued and closed from Buena Vista Boulevard to the first alley north of Buena Vista Boulevard, the matter was before the body. In this connection, the following communication from the City Planning Commission. recommending that the request be granted, was before Council: "August 27, 1964 The Honorable Murray A. Stoller. Mayor and Members of City Council Roanoke. Virginia Gentlemen: The City Planning Commission considered this request during its regular meeting of August 26, 1964. Mr. J. Glenwood Strickler, attorney For the petitioners, informed the Commission that closing of this street, which has no improvements, is requested in order to consolidate properties owned by Mr. Allen. In studying this request the Planning Commission found that the topography of the land is so steep that it would not permit the construction of a street on the present right-of-way. Therefore, the need for retention of the right-of-way Of 6-1/2 Street does not exist. The closing of this street would not interfere with possible future development nor result in an inconvenience to the general public. The Planning Commission. therefore, recommends that the above described portion of 6-1/2 5trent be vacated, discontinued and closed, the City to retain necessary easements for public utilities. Very truly yours, S/ ~erner K. Sensbach for Henry B. Boynton Chairman" 469 47O Council boring appointed viewers ia connection with the application the viewers subsisted a written report, advising that they have viewed the street and are unsnimousll of the opinion co lnconvenieoce would result, either to any iodlvl- deal or to the public, from vacating, discontinuing and closing same. Yr. J. Glenuood Strickler, Attorney, representing the petitioners, appeare before Council in support of the request of his clients. Ho one appearing in opposition to the closing of the street, #F. Stoller moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (#16048) AH ORDINANCE to vacate, discontinue and close a portion of 6 112 Street, 5. E., in the City of Roanoke. WHEREAS, application bas been made to the Council of the City of Roanoke to have that portion of 6 1/2 Street, S. E,. in the City of Roanoke. Virginia, from Huena Vista Avenue to the first alley north of Buena Vista Avenue, shown on the W. C. Burns Rap, made by Smith, Bradford ~ Company, Engineers, dated June 12, 1916, and recorded in the Clerk*s Office of the Hustings Court of the City of Roanoke, Virginia, in Deed Hook 287, page 368, vacated, discontinued and closed; and WHEREAS, pursuant to Section 15.1-364 of the Code of Virginia (lgSO), as amended, duly appointed viewers have reported in writing that no inconvenience would result from the vacation, discontinuance and closing of the said portion of 6 1/2 Street, S. E.; and WHEREAS, the City Planning Commission has recommended that the said por- tion of 6 1/2 Street, S. E., be vacated, discontinued and closed; and WHEREAS, notice of the hearing relative to the vacation, discontinuance and closing of said portion Of 6 1/2 Street, 5. E., has been published in "The Roanoke World-News*, a newspaper published in the City of Roanoke, for the required time; and WHEREAS, the hearing as provided for in the said notice was held on the 5th day Of October, 1q64, at ?:30 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 vacation, discontinuance and closing of the said portion of 6 1/2 Street, S. E.; and WH£REAS, this Council, after considering the evidence presented, is of the opinion that the said portion of 6 1/2 Street, S. E., should be vacated, discontinued and closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that portion of 6 1/2 Street, S. E,, (30 feet wide) in the City of Roanoke, Virginia, extending from the north line of Hanna Vista Avenue northerly to the south line of the first alley north of Hanna Vista Avenue, be permanently vacated, discontinued and closed, and that all right of the general public in and to said former street be terminated; provided, however, that the City of Roanoke expressly reserves unto II Ltsel[ u perpetuol ensement ~or the operaliou, muletenance and repulr of un exist- ing public sewer line und manhole in said former street within a right-of-may Therefor 15 feet iu width, us said former street and IS tool wide right-of-why are shown ia detail on Plan Ho. 4815, prepared under date of May 6, 1964, in the Office of the CitF Engineer and on file in said Office and in the Office of the City Clerh. HE IT FURTHER ORDAINED that the City Clerk deliver to the attorney for the petitioners an attested copy of this ordinance, together with a copy of Plan No. 4815, abovementioned, the same to be recorded at the expense of the petitioners in the Office of the Clerk of the Hustings Court for the City of Roanoke, who shall make notation of the same on all plats and maps on file in said Cierh*s Office whereon said former street is shown; and that siad City Clerk transmit to the City Engineer an additional copy of this ordinance who shall, likewise, make proper notation Of the closing of said former street and reservation of said sewer easement. The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Stoller, Mheeler and Mayor Dillard .................................. 6. NAYS: None ....................O. iMF. Young absent) SCHOOLS-SIDEWALK, CURD AND CUTTER: Council having previously authorized the installation of sidewalk, curb and gutter on the east side of Canterbury Road, 47i 472 these nress are in favor of annexation, and presented · petition signed by 106 qualified voters of said areas, representing 62.$~, advising that they wish to abide by the decision filed on September 14, 1964, and bec,se part of Roanoke City. Speaking in support of Mr. Paterson were HFs. H. J. Hagan, Jr** nad Mrs. Cyril C. Morgan. Hr. Paterson concluded that the delegation hopes this presentation of new facts and figures, plus this des,narration of solidarity, will enable the residents of the above areas to become citizens of the City of Roanoke os decided by the annexation court. Yr. St,lieF moved that the petition be received and filed, that the resi- dents be thanked for their presentation and that the City Attorney be directed to resist any move by Opponents of the annexation to appeal the decision to the 5tale Supreme Court. The motion was seconded by Mr. Mheeler and unanimously adopted. SCHOOLS: Mr. Melvin H. Grant, President of the Mestwood-Wilmoflt Civic League, appeared before Council as spokesman for a delegation of patrons of the Fairview Elementary School and made the following requests with regard to protection of their children from traffic hazards: l. That a policeman be at Shenandoah Avenue and Meat Side Boulevard every school day to see these children across the street when school is dismissed at 4:0~. Al~o at 36th Street and Trontland Avenue and that he will not abandon this post until the children are safely across. 2. That School Slow Down signs will be placed on 3bah Street at Troutland Avenue. 3.That the blinker light on Shenandoah Avenue will be turned on at 8:00 a.m. and 4:00 p.m. 4. That the crossing guards will be given back-up protection in the morning by a policeman in the area. Mr. St,liar moved that the requests be referred to the City Manager with the recommendation that insofar as possible he carry them out. The motion was seconded by Mr. Pollard. In a discussion of the motion, Mr. Garland called attention to his previou! position that women school crossing guards are needed and voiced the opinion that there is no use recommending that the City Manager carry Out the requests of the patrons of the Patrview Elementary School when he does not have sufficient personnel in the Police Department to do so. Mr. Wheeler concurred in the r~marks made by Mr. Garland. After a further discussion Of the motion, Mayor Dillard stating he can see no reason why the City Manager can*t furnish protection for the children at Fairview Elemeotary School when he is furnishing traffic officers at other schools in the city, and the City Manager assuring Council he will handle the problem as best he can, but may have to request an additional appropriation, the motion of Mr. St,Ilar was unanimously adopted. SCHOOLS: A delegation of residents of the Northwest section appeared beforeCouncll, mlth Mrs, James H. Hlack, President of the Falrriew Parent-Teacher Association, acting as spokesman, HFS. Black advising that it has becoee necessary to put the first and second grades nt Fairvieu Elementary School on double sessions due to overcrowding and that Monroe Junior High School is also overcrowded, as well os being may over the maximum distance recommended for a Junior High School student to travel from some points in the area, and requested that the Fairviem Elementary School be enlarged at once and that a Junior High School be built in the immediate area as soon as possible, Mrs. Black concluding that funds left over from the last school bond issue should be sufficient to cover the cost of the addition to the Fnirview Elementary School. Mr. Stoller pointed out that schools in other sections of the city have empty desks and suggested that children attending overcrowded schools be transporte( tO less crowded schools instead of building new schools. Mrs. Black replied the patrons of Fairview Elementary School might conside] this solution for one session to eliminate double sessions, but not as a permanent thing, After a further discussion of the question, Mr. Mheeler moved that the matter be referred to the Roanoke City School Board with the request that it be given urgent study and consideration. The motion was seconded by Mr. Pollard and adopted, Mr. Stoller voting no on the grounds that the only may to get schools built is with a bond issue and the people Of Roanoke are not going to support a school bond issue when there are empty desks In some schools, that he does not wish to delude these people and in his opinion this is aeatter for the School Board to decide. PETITIONS AND COMMUNICATIONS: ELECTIONS: A communication from Mr. T. Howard Boyer, Chairman of the Electoral Board, requesting that Cooflcfl authorize the payment of a $10 bonus to each of the 180 clerks and judges serving in the election On November 3, 1964, due to the fact that they will serve from 15 to lB hours, was before the body. Mr. Stoller moved that Council authorize the payment of a $5 bonus to each of the clerks and judges, provided they attend a briefing meeting to be held by the Electoral Hoard, and that the matter be referred to the City Attorney for prepara- tion of the proper measure. The motion was seconded by Mr. Jones and unanimously adopted. REPORTS OF OFFICERS: BUDGET-MUNICIPAL BUILDInG-CITY JAIL: The City Manager submitted a written report, advising that materials were purchased in 19b3 for the construction of two storage rooms On the Municipal Building roof to be used by the City Jail, but that city forces do not have time to construct these rooms, and recommended that $1,900 be appropriated to cover the cost of labor for the construction of the rooms, the 473 474 City #manger also recommending that $650 be opproprloted to Muteriols, Supplies oud Contractual Services under Section s88, "Maintenance or City Property," of the 1964 budget, to cover the cost of labor and materials for the construction of.a wire mesh partition with door on the third floor landing of the Jail elevator. ,Mr. Mheeler moved that Council concur in the recommendation of the City Manager and offered the folloming emergency Ordinance appropriating a total of $2.550: (~16049) AN ORDINANCE to amend and reordain Section a88, "Maintenance of City Property." of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 349.) Mr. lheeler moved the adoption Of the Ordinance. The motion uas seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, 5toller, Mheeler and Mayor Dillard ......................... b. NAYS: None ...........O. (Mr. Young absent} STATE HICHWAYS-BRID~ES: The City Manager submitted a written report, advlsin9 that the present intersection of State Route 681 with U. S. Route ll Just outside of the west corporate limits is considered an accident prone location and the Virginia Department of Bighways is very interested in correcting the matter; therefore, a plan has been worked out whereby £dgewood Street, 5. W., in Roanoke City, and Mud Lick Road, in Roanoke County, would be connected in the City of Roanoke thereby creating a new intersection with Brandon Avenue, the portion of the road in the city to be handled by city forces and the portion in the county to be handled by state forces, with the city and the state sharing the cost of a new structure required over Mud Lick Creek off a 50-50 basis, the City ganager advising that the total estimated cost of the project is $17,000, but suggesting that $10,000 be included in the 1q65 budget for the city*s share of the cost of the bridge. Mr. Jones moved that in view of the fact that the purpose of the proposed extension is to create a new intersection with D. S. Route 11 the matter be referred back to the City Manager to ascertain whether or not 85% of the total cost will be borne by the state with the remaining 15% to be paid by the city. The motion was seconded by Mr. Stoller and unanimously adopted. PARKS AND PLAYGROUNDS: Council baring pregiously deferred action on a, recommendation of the City Manager that the body consider employin9 experts to pre- pare a program and preliminary designs for the development of Mill Mountain at a cost not to exceed $10,000, the City Manager submitted a written report, transmittin a proposal of Mr. Stanley W. Abbott, Landscape Architect, to produce a Master Site Plan for Mill Mountain Park at au estimated cost which woold total not less than $4,000 nor more than Sb,O00, upon certain terms and conditions, and recommended that the proposal be accepted. 475 Mr. Jones moved that Council concur in the recommendation of the City Manager nnd that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Mheeler and unanimously adopted. AUDITS-SCHOOLS: A communication from the City Auditor, ~ransmltting a report of an examination of the Millinm Fleming High School Activities Fund for the year ended June 30, 1964, made by Keonett and Kenneth, Certified Public Accountants, under the direction of the office of the City Auditor, was before Council, the City Auditor advising that the report states it presents fairly the financial condition of the fund at the end of the audit period. The City Auditor also submitted the folloming communication, transmitting a report of an examination of the Lucy Addison High School Activities Fund for the year ended June 30, 1964: 'September 29, 1964 Roanoke City School Hoard Roanoke. Virginia Gentlemen: I am forwarding a report of an examination of the Lucy Addison High School activities fund for the year ended June 30, 1964. made by Kennett and Kennett, Certified Public Accountants, under the direction.of this office. The report states that it presents fairly the financial condition of the fund at the end of the audit period. You will note that the shortage disclosed in the prior report. dated March 17. 1964, in the amount of $525.51, has been adjusted to a net shortage in this account of $439.51. After the close of the fiscal period covered by this audit, the bonding company paid to the school $525.51 covering the initial reported shortage. It is therefore recommended that the amount of $87.00 representing the amount paid by the bonding company in excess Of the actual shortage be refunded to the said company. Respectfully submitted. S/ J. Robert Thomas City Auditor* On motion of Mr. Wheeler, seconded by Mr. Stoller and unanimously adopted, the communications and reports were filed. CITY AUDITOR: The City Auditor submitted a financial report of the City of Roanoke for the month of Aogust, 1964. On motion of Mr. Wheeler. seconded by Mr. Stoller and unanimously adopted, the report was filed. REPORTS OF COMMITTEES: COAL: Council having referred bids on furnishing the coal requirements of the City of Roanoke for the period from October 1. 1964, through September 30, 1965, to a committee for tabulation and report, the committee submitted the follosing report: 476 "October 1, 1964 To the City Council Rosnoke, Virginia Gentlemen: On September 28, 1964, bids mere opened and read before City Council for supplying Coal to the City of Roanohe for the period beginning October 1, 1964 and ending September 30, 196S. As can be seen from the tobalotion, tug bids mere submitted. Since bidders mere directed to quite f.o.bo Coal #ineo fllair Pltzer Coal and Fuel Oil Company, Inc. quoted F.o.b. Buchanan County, Virginia; Sovereign Pocahontas Company quoted f.o.b. North Fork, Nest Virginia. The freight charges for shipping the coal from either of these locations to Roanoke mould be the same. The committee recommends acceptance of the lo~est bid, uhich bid was submitted by Blair Pltzer Cool and Fuel Oil Company, Inc., at the follouing prices: Furnace Nut Coal - $6.60 per Ton Stoker Pea Coal = $6.00 per Ton Above prices are net, f.o.b. Keen Mountain Mine, Buchanan County, Virginia. The cool mill be shipped in carlood lots to the City Tipple at 3 1/2 Street and Albemarle Avenue, S. £.. Roanoke, Virginia, as and mhen ordered by the City of Roanoke Purchosing Department. Respectfully submitted, SL R~? R, P01~grd. Sr~ Roy R. Pollard, Sr., Chairman S/ ~rth~r S, Owens Arthur S. Owens ~l. Bueford Dr Thompson Bueford B. Thompson" Mr. Stoller moved that Council concur in the recommendotion of the com- mittee and offered the following Resolution accepting the low bid of Bloir Pitzer Cool and Fuel Oil Company, Incorporated: (#16050) A RESOLUTION accepting the proposal of Blair Pitzer Coal and Fuel Oil Company, Incorporated, for supplying the City's coal requirements for the 1964-1965 season; and rejecting the other bid. (For full text of Resolution, see Resolution Book No. 2?, page 349.) Rt. Stoller moved the adoption of the Resolution. The motion mas seconded by Rr. Rheeler and adopted by the folloming vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, Wheeler and Mayor Dillard ......................... 6. ~AYS: ~one ........... O, (Mr. Young absent) B~FINISHED BUSINESS: BUDGET-FIRE DEPARTMENT: Council at its last regular meeting having before Council. Hr. Sidney W. Voughan, Chief of the Fire Department, pinned cutouts of the fire stations in Roanoke to a map of the city demonstrating n heavy overlapping or fire protection in the center of Roanoke with little protection in outlying ureas such as Milliamson Road and Raleigh Court, pointing out that most of the fire stations mere built many years ago mben firerighting equipment mas less advanced, and outlined his plan mhJch, in his opinion, will upgrade the fire.department as · whole. Hr. Rex P. Stuart appeared before Council in opposition to the closing of the fire station and presented communications from the National Business College Dr. Hugh H. Trout, Jr., and the Viand School, as well as a petition signed by 144 residents of the old southwest section, objecting to the closing of No. 4 Fire Station on the 9rounds that the surrounding area consists largely of framed buildings, many of the single-family residences have been converted into three and four apartments, there are many more people per building than formerly, it would take too long to get ftrefighting equipment to the area from other fire stations due to increased traffic, and there are inumerable old apartment houses and dormitories throughout the entire area. Mr. I. Luck Gravett urged that No. 4 Fire Station remain open for pro- tection of the residents of the old southwest section. Mr. Rilliam. M. Krebs voiced the opinion that No. 4 Fire ~tation is the most strategic station in the city. Mr. Morton Boueyman, Attorney, representing the Beth Israel Synagogue, reminded Council that the Synagogue is interested in purchasing the property occupied by No. 4 Fire Station if the city decides to abandon the station and urged the body to make a decision as soon as possible, Mr. Honeyman emphasizing, however, that even though the Synagogue is interested in acquiring this site not under any circumstances is it interested in purchasing the property if Council Or the Fire Chief feels it would endanger the property and lives of residents in the surrounding area to abolish the fire station. Mr. Stoller moved that the matter be referred to 1965 budget study. The motion was seconded by Mr. Jones and unanimously adopted. SCROOLS-SIDERALK, CURB AND CUTTER: Council having referred u request of 294 citizens that the city construct a sidewalk along the east side of Grandin Road, S. W., from Avenel Avenue to Cuilford Avenue, and from the Raleigh Court Elementary School to Crandln Road, for the benefit of school children, to the City Manager for.an estimate of the cost of.the project, and having deferred action on a recommendation of the City Manager that 1200 lineal feet of sidewalk be instulled at a cost of approximately $3,S00, pending receipt of a recommendation from the Roanoke City School Board, the matter was again before the body. On motion of Mr. Stoller, seconded by Mr. Jones and unanimously adopted, action on the matter was deferred until the recommendation of the School Board is received. 477 '478 PERSONNEL DKPARTRENT-PAY PLANt Council having deferred action on the draft of un Ordinance creating a Department of Personnel rot the City of Roanoke until the present meeting, in order that the members of the body might have an opportunity to study same, the matter mas again before the body, After a discussion of the proposed Ordinance, and u number of changes being suggested, DF. Jones moved that the draft of Ordinance be referred back to n committee composed of Mayor Denton O, Dillard, Chairman, #r. James E. Jones and Mr. Marray A. Stoller to put into final form In accordance mith the suggested changes. The motion was seconded by Hr. Stoller end unanimously adopted. CO/~II~NATION OF CLAIMS: NONE. I~RODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 16027. rezoning the easterly portion of a 35.325- acre tract of land adjoining Melrose Avenue, Twenty-fourth Street and Salem Turnpik; N. M., Official Tax No. 2420203, 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. In this connection, the City Attorney hating been directed to prepare the proper measure accepting the verbal offer of Mrs. Susie G. Norton to donate to the City of Roanoke for street widening purposes a In-foot strip of land on the east side of Twenty-fourth 5trent, N. M., north of Salem Turnpike, as well as sufficient land on the north side of Salem Turnpike, N. M., between Twenty-fourth Street and TReaty-ninth Street, to provide for an 00-foot street, and expressing the appreciation of Council for the donation, he presented same. Mr. Stoller moved that action on the adoption of the two Ordinances be deferred until the next ragu.lot meeting of Council, pending completion of a survey being made of the strips of land to be donated to the city for street widening purposes. ZONING: Ordinance No. 1602fl, rezoning property located on the south side of ~ershberger goad, ~. W., rest of GrandyieM Avenue, described as Acreage, Barrens Map, Official Tax No. 2270208, from General Residence District to Special Residence District, having previously been before Council for its first reading, read and laid over, mas again before the body, Nr.Stoller offering the following for its second reading and final adoption: (;1602~) AN ORDINANCK to a~end and reenact Title XVt Chapter 4, Section 1, of The Code of the CUt! of Roanoke, 195~, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 27, page 345.) Mr. Stoller moved the adoption of the Ordinance. ~he motion mas seconded by Mr. Mbeeler and adopted by the follomi~g vote: AYES: ~essrs. Garland, Jones, Pollard, Stoller, gheeler and Mayor Dillard ................................... 6. NAYS: None ..................... O, (Nr. Young absent) SZATE HI~WA~S-STRE£T$ ANO &LL£¥S: Ordinance No. 16029, sdveeciag to Novesber 15,~!964e the dat~ heretofore ~ixed by the Cowecil of the City of Roanoke for ~acetiegm dlscoet~eaieg and closing the northerly port~oe o~ Elm A~enaee S. between Jefferson. Street ~nd. First Streetm end the exohnnge Of deed b~ the City of Roanoke ~ad the Co~wawlty ~ospitel of Roanoke Yelley ia con~eetloa therewith, beving, pre~loasly been before Cnancil for its firs~ read.lng, read and laid orer. gas againbefore ~be body~r. Stellar offering the following for its second r?ad.ing and final adoption: (a16029) AN OR DINA~C£ adr~ncing to Novewber IS. 1964, the date heretofore fixed by Cooncil for (1) ~acating~ discontinolog and closing the re~aining northerly portion of the present Elm Arenae0 S. E.. between Jefferson Street and Pirst Street S. £.~ as sbo~n on ~P~rcel B# of Plan No. 4T4~ and (2) the execation and delivery by the officials of the City of Roanoheo Yirginia0 to Cowm~aity flospit~l of Roanohe Yelley of an appropriate deed con~eyin9 all the right, title and interest of the City of Roanoke. Yirgiela~ in and to ~Parcel B# as sho~n on Plan No. 4T4S to Com~unlty BoapJta] of Roanoke Yalley lw exchange for and upon receipt of a deed from Community Hospital of Roanoke Valley conveying "Parcel A" as shown on Plan No. 4?45 to the City Of Roanoke, Yirgiwla. (For full text of Ordinance~ see Ordinsnce Book No. 27~ page by Rt. Rheeler and adopted by the folio~lngvote: NAYS: None .....................O. (Rt. Young absent) SE~ERS A~D STORM DRAIES: Council having directed the City Attorney to prepare the proper measure directing the City Manager to extend a se~er lateral to the property line of Nfo Joseph G. Fuller at 2201 Florida Avenue, ~. g., the city, however, reserving its rights under the Land Subdivision Ordinance against Mr. L. 5. Kytchen and whoerer else wight be liable, the City Attorney presented a Resolotion conditionally pro~tdtng for the extension of the sewer lateral; whereupon. Rt. Rheeler offered the following: (~16051) A RESOLUZION directing the City Manager conditionally to extend a se~er lateral to the property line of Joseph Fuller at 2201 Florida Avenue {For f~ll text o~ gesol~tiow, .s~e Resolution Hook No. 27. page 3~0.) Mr. gbeeler moved the adoption of the Resolution. Yhe motion gms second~ by Rt. Pollard and adopted by the £ollo~lng vote: AYES: Ressrs. Garland, Jones, Pollard. Stoller~ gheeler and Mayor Dillard ........................................ 6. NAYS: None ..........................O. (Mr. Young absent) 479 480 Mr. Stoller then moved that the City Attorney be directed to prepare the proper measure directing the City Manager and the City Attorney to enforce the provisions of the Land Subdivision Ordinance against the developers and/or owners of property bounded by Florida Avenue and Andrews Road, H. M, The motion seconded by Mr. Wheeler nnd unanimously adopted. SALE OF PROPERTY: Council having directed the City Attorney to prepare the proper measure accepting the offer of Mr. M. J. Kralge to purchase property located on the north side of Morgan Aveone, S. S., described as Lot 25, Block 11, Morningside Heights, Official Tax Ho. 4131725, for the sum of $365, he presented same; whereupon, Mr. Stoller moved that the following Ordinance be placed upon its first reading: (~16052) AH ORDIHA~CE directing the sale of Lot 25, Block 11. Morning- side Heights, to M. J, Kraige for $365 net cash. WHEREAS, this Council's Real Estate Committee has recommended, #riVing, 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 Attorney bet and be is hereby, directed to prepare a deed of bargain and sale pursuant to which the City of Roanoke conveys', with special warranty of title. Lot 25, Block 11, Morningside Heights, Official Tax No. 4131725, unto W, J, Kraige in consideration of $355 net cash; and the Mayor and the City Clerk ave hereby authorized, respectively, to execute and attest the aforesaid deed after the same shall have been prepared and approved by the City Attorney and, upon the execution of such deed, the City Attorney is directed to deliver the same to the said b. J. Eraige in exchange for $365 net cash, The motion was seconded by Mr, Hheeler and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard. Stoller. Mheeler and Mayor Dillard ................................... HAYS: Hone .....................On (Mr. Young absent) HUDGET-PA¥ PLAH: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in various municipal departments since they are of an emergency nature and amending the Pay Plan to reclassify the classification of Custodian (Municipal Building), Group 12, to Custodian Foreman, Croup 11~ he presented same; whereupon, Mr. Stoller offered the following Resolution antborlzing the City Manager to fill the vacancies: (m16053) A RESOLUTION authorizing the City Manager to employ certain personnel, (For full text of Resolution. see Resolution Hook Ho. 27. page 350.) Mr, Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stollev, Wheeler and Mayor Dillard ................................... NAYS: Hone .....................O. (Mr. Young absent) i Hr.,Stoller then offered the following emergency Ordinance reclassifying the Custodian of the #unicipal Building: (e16054) AN ORDINANCE amending Ordinance No. 14300; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 351.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, Mheeler and Mayor Dillard ................................... 6. NAYS: None .....................O. (Mr. Young absent) STATE HIGHWAYS: Council at its last regular meeting having deferred action on a Resolution offering relocation advisory assistance to all displaced families in connection with the acquisition of right Of way for the proposed construction of a portion of State Route 24 between Seventh Street, S. E., and Jefferson Street, in order that the members Of the body might have an opportunity to study same, the matter was again before Council: whereupon, Mr. Stoller offered the following Resolution: (~16055) A RESOLUTION agreeing to perform requisite phases of the right Of way acquisition program in regards to the proposed construction of a portion of State Route 24 between ?th Street and Jefferson Street, S. E. (For full text of Resolution, see Resolution Book No. 27, page 352.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrso Garland, Jones, Pollard, Stoller, Nheeler and Mayor Dillard ..... NAYS: None .....................O. (Mr. Young absent) SYREEZ NAMES: Council having directed the City Attorney to prepare the proper me,sure changing the name of Nineteenth Street, $. E., between Edgerton Avenue and Dundee Road, the new name Of the street to be determined before final action by the body, he presented same. In this connection, Council was advised that the residents of the street have suggested the. name of Vance, Niagara or Fair Street. After a discussion of the matter, Mr. Stoller offered the following Resolution changing the name of Nineteenth Street, to Vance Street, $. £.: (~160$6) A RESOLUTION changing the name of lqth Street, S. E., between Edgerton Avenue and Dundee Road. (For full text of Resolution, see Resolution Hook No. 27, page 352.) Mr. Stoller moved the adoption Of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, Rheeler and Mayor Dillard ................................... 6. NAYS: None .....................O. {Mr. Young absent) 481 482 CITY 60VRRNMK~: Council baying directed the City Attorney to prepare the proper measure providing for the rental of the second floor of the building at 306 Second Street, S. #., to provide office space for various municipal departments upon certain terms nnd conditions, he presented same; whereupon, Mr. Stoller offered the fatiguing emergency Ordinance: (#16057) AN GeDINAWCE authorizing the City of Roanoke to lease from the Southwest Virginia Savings and Loan Association the second floor of its bnJldlng at 306 2ad Street, $. M.; and providing ~or an emergency. (For full text of Ordinance, see Ordinance Book So, 27, page 353.) Mr. Stoller moved the adoption of the Ordinance, The motion was seconded by Mr. Pollard and adopted by tbe following vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, Wheeler-and Mayor Dillard ................................... NAYS: None .....................Oo (Mr. Young absent) In this connection, the City Manager having also recommended that $3,500 be appropriated for remodeling of the building, and Council having requested more detailed information as to the proposed remodeling, he presented the followicg commonication from the Director of City Planning: "I~ERDEPARTMEW~ COMMUNICATIO~ UATE: October 2, 1964 TO: Mr. Arthur S. Owens, C}ty Manager FROM: Werner K. Sensbach, Director of City Planning SUBJECT: Space Utilization Study, Second Floor of Southwest Virginia Savin~ and Loan Association. The following additional information is supplied for the pro- posed remodeling of office space on the second floor of the South- west Virginia Savings and Loan Association building. The study indicates that the proposed layout would provide the following areas: City Planning Department ........... 1,112 sq. ft. Board of Assessors ............. 384 sqo ft. Personnel Department ............ TB! sq. ft. Meeting room available to all departments and City Council ............ 236 sq. ft. It is proposed to erect partition walls with steel studs on a module basist including 8 doors, hollow core complete with hardware. The outside surface of the wall shall consist of sheet rock base with metal batten strip at each joint. The installation cost is estimated at $3,264. This price does not include painting; the sum of $236 would provide for painting and trimming work. Therefore, a total of $3,500 would permit for the structural alterations needed to create this office space. It is also anticipated that the removal and rearrangement of four light fixtures can be done by the City's maintenance department. The 'utilization of steel studs for partition walls has been recommend- ed by the maintenance department, becanse Of ease of erection and possibility to remove the partitions after termination of lease. As a general rule, the percent of salvage material in case of removal does bat exceed 25~ for wooden 2 i 4 studs, while the percentage for steel studs is usually 75 to S! Warner K. Sensbach" Mr. Stoller then offered the following ~mergency Ordinance appropriating $3,500 for the remodeling: ,(m16058) AN ORDINANCE to amend and reordain Section ~fl~, ~Naintenance of.~ity Property,# of the 1964 Appropriation Ordinance, and providing for an emergency. . (For full text of Ordinance, see Ordinance kook No. 27, page 354.) Mr. Stoller moved the adoption of the Ordinance. The motion nas seconded by Hr. Rheeler and adopted by the following vote: AYES: ,Messrs. Garland, Jones, Pollard, Stoller, Rheeler and Halor Oillard ......................................... NAYS: None ...........................O. (Mr, Young absent) RECREATION DEPARTMENt-PARKS AND PLAYGROUNDS: Council having concurred in the verbal recommendation of a committee appointed to study the plans for and the location of a Civic Center in the northwest section of the City of Roanoke that an architect he employed for preparation of the plans for the Civic Center ~ith the understanding that the City Attorney mould prepare the proper measure authorizing the employment Of the architect when selected by the committee, the City Attorney Dillard~ ........................................ hidden from public view, Mr. 0, W. Orissom, 3112 Salem Turnpike, N. W,, appeared 483 484 Pollution'Control, particularly mitb referenCe*:to internal combustion engines, has been referred to the'Advisory end Appeal Hoard, Air Pollution Control, for study, report and recommendation to Council, Hr. SCalier mowed that the question.of requiring buses to,elevate their exhaust systems be referred to the Hoard for investigation. The motion mas seconded by Mr. Hheele~ and unanimonsly.ad~pted. BHILDIHG CODE: Mayor Dillard brought to the attention of Council that th, term of Hr. J. Hamilton Smithey as.a memberof the.Hoard of. Appeal, Hullding Code, expired September 30, 1964, and called for nominations to fill the vacancy. Mr. SCalier placed in nomination the name of J. Hamilton Smithey. *There being no further nominations, Mr. J. Hamilton Smithey mas reelected as a member of the Hoard of Appeal, Huilding Code, for a term of five years ending September 30, 1969, by the following vote: FOR I~. SMITHEY: Messrs. Garland, Jones, Pollard, Stoiler, Wheeler and Mayor Dillard .............................. 6. (Mr. Young absent) CITY ATTORNEY: Mayor Dillard brought to the attention of Council that abe termof Mr. Randolph G. Mhittle asCtty Attorney expired September 30, 1964, and called for nomiffatiofls to fill the Vacancy. Hr. Jones placed innomJnatlon the name of Randolph G. Whittle. reelected ns City Attorney for a term of two years ending September 30, 1966, by th! following vote: , FOR ER. WHIYTLE: Messrs. Garland, Jones, Pollard, Stoller, Wheeler and Mayor Dillard .............................. 6. (Mr. Young absent) CITY AUDITOR: Mayor Dillard brought' to the attention of Council that the term of Mr. J. Robert Thomas as City Auditor expired September 30, 1964, and called for nominations to fill abe vacancy. Mr. Wheeler placed in nomination the name of J. Robert Thomas. There being no further nominations, Mr. Jo Robert Thomas mas reelected as City Auditor for a term of two years ending September 30, 1966, by the following vote: FOR MR. THOMAS: Messrs~ Garland, Jones, Pollard, Stoller, Wheeler and Hayor Dillard .............................. 6. (Mr. Young absent) CITY CLERK: Mayor Dillard brought to the attention of Council that the term of Hiss Virginia L. Sham as City Clerk expired September 30, 1964, and called for nominations to fill the vacancy. Mr. Garland placed in nomination the name of Virginia L. Shaw. There being no further nominations, Miss Virginia L. Shaw mas reelected as City Clerk for a term of two years ending September 30, 1966, by the follomlng vote: FOR MISS SHAW: Messrs. Garlandt Jones, Pollard, Stoller, Wheeler and Mayor Dillard .............................6. (Mr. Young absent) i MUNICIPAL COURT: Mayor Dillard brought to the attention of Council that the term of Mr. Robert L. Qnarles as a Judge of the Municipal Court expired September 300 19640 amd called for nominations to fill the vacancy. Mr. Pollard placed ia nomination the name of Robert L. Quarles. There being no further nominations, Mr. Robert L, 9uarles mas reelected as a Judge Of the Municipal Court for a term Of four years ending September 30, lgD§, by the foiloming vote: FOR MR. ~UARLES: Messrs. Garland, Jones, Pollard, Stoller, ~heeler and Mayor Dillard ................................... 6. (Mr. Young absent) Mayor Ulllard also brought to the attention of Council that the term of Mr. Carroll D. Rea as a Substitute Judge of the Municipal Court expired September 30, 1964, and called for ~omloatlons to fill the vacancy. Mr. Wheeler placed in nomination the name of Carroll D. Rea. There being no further nominations, Mr. Carroll D. Rea was reelected as a Substitute Judge of the Municipal Court for a term of four years ending September 30, 1969, by the following vote: FOR MR. REA: Messrs. Darland, Jones. Pollard, Stoller, ~heeler and Mayor Dillard ................................... 6. (Mr. Young absent) p£WSIONS: Mayor ~iilard called attention to a vacancy on the Board of Trustees, Employeest Retirement System of the City Of Roanoke, due to the resignation of Mr. Raymond E. Pillow, and called for nominations to fill the unexpired term. Mr. Stoller placed in nomination the name of Joseph A. Brogan. There being no further nominations, Mr. Joseph A. Brogan was elected as a member of the Board of Trustees, Employees' Retirement System of the City of Roanoke, to fill the unexpired term of Mr. Raymond E. Pillow, resigned, ending Jane 30, 1968, by the following vote: FOR MR. BROGAN: Messrs. Garland, Jones, Pollard, Stoller, Wheeler and Mayor Dillard ................................... 6. (Mr. Young absent) On motion of Mr. Jones, seconded by Mr. Stoller and unanimously adopted, the meeting was adjourned. APPROVED ATTEST 485 486 COUNCIL, REGULAR MEETING, Monday; October 12, 1964, The Council of the City of Roanoke met in regular meetlngin the Council Chamber in the Municipal. Building, Monday~ October 12, 1964,'st 2 p.m., the regular meeting honr, uitb~Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, James E; Jones. Roy R. Pollard. Sr Murray A. Stoller, Vincent S. Rheeler and Mayor Benton O.-Dillard ................ ABSENT: Councilman Rolter L. Young ....................................1. · , OFFICERS PRESENT: ' Mr~Arthur S. Owens. City Manager. Mr, Randolph G, Rhittleo City Attorney, and Mr2 J. Robert Thomas. City Auditor. INVOCATION: The meeting was opened with n prayer by the Reverend Ricker. Pastor. Mlndsor Hills Methodist Church. MINUT£S: Copy of the minutes of the regular meeting held on Monday, September 2B, 1964. having been furnished each member of Council. on motion of Mr. Mheeler, seconded by Mr. Stoller and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ALCOHOLIC BEVERAGES-TRAFFIC-MUNICIPAL COURT: Council having referred the question of appointinv committing magistrates under Implied Consent La~s to the Roanoke Dar Association for study, report and recommendation, Mr. Earl Fitzpatrick. President of the Roanoke Bar Association, appeared before the body, advising that a study of the matter has been made by the Courts Committee of the Association and introduced Mr. D. Parnell Eggleston, Chairman of the Courts Committee. Mr. Eggleston them read the following report of the committee setting forth four alternatives for issuing criminal warrants of all kinds and also recommending that a study be made of the number and salary of judges and staff for the Municipal Court and Juvenile and Domestic Relations Court, as well as the physical facilities of these courts: · October 7, 196~ REPORT OF THE COURTS COMMITTEE OF THE ROANOKE BAR ASSOCIATION Dy resolution of the Council of the City of Roanoke adopted May 16, 1964, the question of designation of committing magistrates to act under the so-called "implied consent law" of Virginia mas referred to the Roanoke Bar Association for study, report and recommendation to Council. The matter mas referred to the Courts Committee of the Association consisting of Martin P. Barks. C. E. Caddy, E. Grlffith Dodson, Jr,, Richard C. Rakes. English Shomalter and fl. Parnell Eggleston, Chairman, whose report is ns follows: The inquiry of the City Council, nhich mss progpted by n recent ruling of the Hustings Court to be hereafter discussed, MBS limited to the oreo of committing magistrates under the so-culled #implied consent lie.' but for reasons ehich mill become apparent proper consideration of that question by the Uur Association necessitates examination or Ronnoke°a system of issuing criminal currants of oil kinds. The system presently in effect in Roanoke Js in some respects unusual, if not unique, in the State of Virginia. Until 1945, most, ir not nil, currants, civil and criminal. germ issued by an Issuing Juotice, abuse office uuu distinct from the Municipal Court. In the year lndicutedo the office of Issuing Justice UBS abolished and since then our charter has made no provision for its re-institution nor for the appoint- gent of nay magistrates other than Municipal Judges and their substitutes. The garter of the issuing of uurrnnts, therefore, became, and has since remained, a function of the Yunicipol Judges and the clerks and deputy clerks of the Municipal Court. Ne are advised that in practice the clerks of the Court have issued issued by the Judges. because the Judge issuing the warrant uae likely to turn OUt to is issued us the result of a complaint. The complaining party issuing authority, gho thereby hears one side Of tbs case before to City Council Jn 1957. regardless Of ho~ conscientious and implicit confidence in the integrity of the present incumbents). cases to be pre-Judged to Some extent. The Judge obtains aurar- City Council took a step toward correction of this undesirable feature of the system by the appointment of a third Municipal Judge in 1956, whose duties have been largely confined he does substitute on the bench for the other Judges from time Judge. The alleviation of the problem which resulted from the ap- pointment of the third Municipal Judge did not, houever, effect were subject to call on a 24-hour basis for a duty which in reality nas extrinsic to their judicial functions. The imposition became so acute that the Chief Judge finally felt compelled several years ago to designate police officers as deputy clerks of the for the function of this important step In our system of Justice. authority of police officers designated as deputy clerks to act under Section 16.1-55 of the Code of Virginia, sometimes referred operating a vehicle on the highways of the State of Virginia is he is arrested for driving under the influence of alcohol. At the 487 488 time of the decision the section provided further that 'if the person arrested refuses to permit the taking of blood for such test, then the er~estiog officer forthwith shall take the person arrested before e committing magistrate,' who shell advise him lhal refoeoi lo leke the test ~omstJtntes grounds for the revo- cation of bis privilege to operete o motor vehicle in this state. In the cone in question, the person so~erreated refused to toke the lest and uss brought before n police lieuten- ant, duly designated o deputy clerk of Ihe Municipal Court, uith authority to issue criminal warrants, who in that capacity acted aa · 'cowmittfog magistrele# under the slolole. The ~ostJmgs Court held. in brief, that such · police officer mos not a 'committing magistrate' within the meaning of the statute and thus the statute had not been complied with. The immediate effect of the ruling mas the dismissal of the charges in several cases pending in which the sane practice uss follnmed, that is. cases involving persons uho, mhen charged with driving under the influence of alcohol, refused to take blood tests and mere taken before police officers as "committing magistrates.' These cases are now dismissed and the defendants cannot be egain charged uith the same offense. Al the 1964 session, the General Assembly repealed Section 10.1-55 but substituted in its place a ne~ section, designated as Section 16.1-55.1, which has not yet been judicially construed, but uhicb appears to repeat the old requirement that the person arrested be taken before a "committing magistrate,' although there are later references in the same statute to the issuing ~arrant$ receive salaries of $?,$00 eech. i d Hare*vet, me think it appropriate to say that even If the establishment of such a system were within the power of City Council at the present tine, we should be most hesitant to recommend it, Ma kaom of no effective program for the proper training of Justices or the Peace and ue are dubious of the propriety of entrusting warrant authority to part-time, fee basis officials ukase competence cannot accurately be gauged in advance. 2, The establishment of a distinct office for the Issuance of warrants, manned by salaried magistrates around the clock. As above Indicated, this Js the system In effect in Ariingtoo County and in the City of Richmond, Its virtues include (a) the lmsedlute and convenient availability at ail times of a specially trained and competent issuing authority, and (b) the complete separation of the issuing authority from the trial court. Indeed, we believe this system to be the optimum or ultimate solution for the City of Roanoke, but there are practical objections to its immediate establishment, As hereinbefore indicated, the Charter of the City of Roanoke makes no provision for Issuing Justices and action by the General Assembly would he necessary, Additionally, we believe that despite the desirability of having a trained issuing magistrate always available at a central office, the volume of nighttime and holiday marrant requests in Roanoke has probably not yet reached such proportion as to demand 24-hour service by salaried magistrates. 3, A modification of the second alternative including the establishment cf a distinct office for the issuance of warrants, manned by a full-time Issuing Justice during office hours but manned after office hours by assistant Issuing Justices on the basis of scheduled appearances and subject to call, The assistant Issuing Justices would make themselves available at the issuing office in the courthouse at stated hours and upon reasonable demand during the night and on weekends and holidays. (la one other city where a similar system is in effect, substitute judges visJs the police station each day at 5 p.m. and lO and, additionally, at 10 a.m, on Saturday, Sunday and holidays,) It is believed that many after hours applications for warrants could be delayed until the arrival of the issuing justice at an appointed hour, but it should, of course, be understood that he could be called on for service either at his residence or at the courthouse as needed. (It Mould appear also that such Issuing Justices might be expected to issue warrants returnable in the Juvenile Court as well as in the Municipal Court,) This third alternative Mould likewise require legislation by the General Assembly authorizing the creation of the office of Issuing Justice with provision for assistants. While it is true that a special session of the General Assembly will be held shortly, and that appropriate legislation might be obtained at this session, We feel that the time involved before the special session is not sufficient for us to make specific recommendations to Council as to detailed legislation with appropriate time for study and consideration. Therefore, we recommend on a trial basis a fourth alternative which can be put into effect almost immediately. It is very close to the third alternative, which we believe we should seek bi legislation at the next regular session of the General Assembly. As alii be seen, the third and fourth alternatives are yeti similar and most of the comments under one apply to the other. 4. The continuation on a temporary or experimental basis of the existing Roanoke system, with modifications designed to counter- act its most immediate defects. As heretofore indicated, the system presently in effect for the issuance of warrants during office hours appears to be working with reasonable satisfaction since the appointment of a tbirdMunictpal J~dge, whose duties are largely confined to the issuance of warrants, The only serious Objections to this part of the system are the facts that the issuing function Is not totally separated from the trial function and the Issuing Judge on occasion serves as trial magistrate on warrants Or commission orders which he himself has issued, The immediate problem, therefore, relates to the issuance of warrants after hours and on weekends and holidays, and this is farther complicated by the ruling of the Hustings Court on the 'implied consent law* hereinbefore referred to and by the require- ment that process under some other laws be issued only by judges, We recommend that several additional substitute Municipal Judges be appointed to handle all warrants after hours and on weekends and holidays, thus eliminating the necessity for use of the police lieutenants in this capacity. This could be done on an experimental basis. The Judges so appointed wo~ld rotate their duty on an announced schedule, appropriately publicized. It is difficult to predict how many additional judges will be necessary to carry out effectively these issuing functions. contemplate that the judge now having primary issuing authority 489 4-90 during office hours mould be in charge or the if*er hqurs Judges and their schedules. Experience mould hume to dictate the details, and the future course of ~ct$Ono Homevere it is believed that 3 such Judges could handle the Job oB UA experimental, part- time basis and me believe that 3 competent members of the Bar could be prevailed upon to undertake the Job. On'the score or compensation, we are opposed to the fee system in uny form because of its tendency to encourage frivolous or Improper applications for the issuance of marrants and also because of the difficulty of supervision Bud accounting. Me recommende instead, that u suitable monthly salary be paid to the additional Judges. Obviously the amount o~ compensation must be measured by the time involved and its quasi-Judicial nature, hhile accurate figures are not available, as nearly as me can determine, the police lieu- tenants issue an average of 10 marrants per week and considero but refuse, at leas*the same number. Ne believe that 3 qualified persons can he found who mill undertake these Jobs on a trial basis at compensation of $200.00 per month. There would be a clear under- standing that both the scope of the Jobs and the compensation would be experimental Jn nature subject to review and evaluation after an appropriate period of perhaps two months. The Roanoke Dar Associa= tJon mould he able and willing to assist in such evaluation and study, AS indicated, the third alternative would be the solo*Soo which should be sought by appropriate legislation at the next regular session of the General Assembly which will be io 1966, Iu the meantime, the fourth alternative is recommended for serious coo- sideratioo by Council on the grounds of expediency, It will be experimental In nature and experience and study while it is in effect may well dictate provisions of the legislation to be sought in the 1966 General Assembly. It can be seen that the third alternative and the fourth alternative differ substantially only in the fact that the issuing function is still carried out by the Municipal Court Judges but it Js hoped and expected that the Judges with the issuing faction will only rarely if ever carry out trial duties. If the third alternative should come into effect in 1966. the ultimate change-over to the second alternative, which we believe to be the optimum, could be put into effect by changing the part-time justices to full-time justices if the demand therefor arises. It is our further recommendation that a study be made looking to the improvement of the efficiency and effectiveness of both the Municipal Court and the Juvenile and Domestic Relations Court, This would include a study of the number and salary of Judges. staff and the physical facil lties of these courts. For example, it is believed that the Juvenile and Domestic Relations Court for the City of Roanoke is poorly located, inadequate in size and accommodations, and undermannedo The Municipal Court should have more than one courtroom. It is frequently the case that while criminal court is not yet ended, civil court has begun in some other courtroom in the Municipal Building, We are told that in some instances three divisions of the Municipal Court are in session at once. This is confusing to members of the public who know only one courtroom and who may sit in one court while their case is called in another. With respect to salaries, we find that of the ten cities who responded to this inquiry on our questionnaire and who have a separate judge of Juvenile and Domestic Relations Court. the salaries were $17.000, $13,000. $12,500, $16,500. $17,520 and $10.126. The salary of the Roanoke Juvenile and Domestic Belations Court judge is $9,100. The salaries of Municipal Court full-time Judges in the cities we contacted range as follows; $15,500, $17.500. $10,560, $12,500. $16,500. $17,520. $12.600 and $10.560. The three judges of Roanoke Municipal Court are paid $9.660. $9.000 and $8,310, respectively, and it must be remembered that the third Judge serves primarily as an issuing justice. ~e think the significance of these discrepancies is not only that we underpay our Judges and have the resulting difficulty in attracting and holding dedicated and qualified persons to these judicial posts, but also that they indicate our evaluation of the importance or'these courts to this community and our system of justice. While me have not had the advantage of a detailed com- parison of staffs, salaries and facilities, we suspect that to some extent the above discrepancies are reflected there also. These are the only courts with which most citizens come in contact. Justice is an imperfect art which must be constantly striven for; failure at this level, compounded as it is hundreds of times over. can have a more serious ill effect On oar community than do the less frequent but more, publicized failures in the higher courts. Me earnestly commend a serious *tad~ of the facilities nnd staffs of these courts to the end that Roanoke shall have the finest available. Respectfully submitted, Martin P, Barks C. E, Caddy E. Grlrfitb Dod~on, Jr, Richard C, Rakes En'glish Sho~alter R, Parnell Eggleston Courts Committee, Roanoke Bar Association By S/ Bt Parnell £qqleston Chairman' In a discussion of the report. Mr. Dillard voiced the opinion that justlc* is getting to be too expensive for the City of Roanoke when it becomes necessary to have six or more municipal Judges, that since the Implied Consent Law has been amended he feels the Commoawealth*s Attorney should carry a case before the Hustings Court and see mhat happens, that in his opinion the committee is making a mountain out of a mole hill, Mr. Stoller pointed out that a great deal of education and tra~lng is required to become a lawyer and stated that to take the position the city should seek cutrate justice is to him incredible, In reply to a q~estion Of Mr. Jones as to the feasibility of holding night court, Mr. Eggleston replied that this would be the optimum, but questioned whether Or not Roanoke has usfficient volume to warrant a night court at this time. Mr, Richard Fo Pence stated that he was a member of the Courts Committee Of the Roanoke Bar Association which recommended the third Municipal Judge back in 19S7 and that part Of the trouble the city is in nos is because the rest Of the recommendations of that committee, particularly with regard to making provision for the issuance of process and supervision of the traffic violations bureau by a qualified substitute judge on duty in the Municipal Building during certain hours of the night, Saturdays. Sundays and holidays, were not carried out. After a further discussion of the matter, Mr. Stoller moved that Council appoint two additional Substitute Municipal Judges as soon as expedient at a compensation of $200 per month to handle the issuance of warrants after hours and on weekends and holidays along the lines recommended b? the Courts Committee of the Roanohe Bar Association, The motion mas seconded by Mr. Pollard and adopted, Mayor Dillard voting no. Mr. Stoller then moved that the report of the committee be referred to th Budget Commission for its information in connection with its consideration of the 1965 budget. Zhe motion was seconded by Mr. Jones and unanimously adopted. With further reference to the matter, Mr, Stoller moved that the report be referred to a committee composed of Messrs. Murray A, Stoller, Chairman, Benton Dillard and James E. Jones for study, report and recommendation to Council. The motion was seconded by Mr. Jones and unanimously adopted. 491 492 As his final motion, Ir, Broiler moved that Council thenk the Roanoke Bar Association and its CoBras Committee for the gte.at amount of work and care exercised in making the report, The motion mas seconded by Ir, Pollard end unani- mously adopted. RUDGET-LIBRARIES: Hrs. Elisabeth #, Orewry, President of the Roanoke Clt Library Board, together with Mr, Evans B, Jessee end Mr. Sidney P, Chockley, members of the Library Board, appeared before Council, advising that the new #llliamson Road Branch Library is expected to be ready for operation in the next few months, and requested that $100000 be oppropriated to purchase new books end periodicals needed for the new library and that $1,455 be appropriated to provide for the immediate employment of a Branch Librarian I! at a salary of $2?2.50 per month and a Library Assistant Z! at a salary of $212,50 per month, in order that training of the two new employees might be started at once. The City Manager verbally recommending that the request be granted, Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance appropriating a total of $11o455: (#16060) AN ORDINANCE to amend and reordain Section ~121, 'Libraries," of the 1964 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 359.) Re. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Ressrs. Garland, Jones, Pollard, Stoller, Wheeler and Mayor Dillard ................................ 6. NAYS: None ..................O. (Mr. Young absent) PETITIONS AND COMMUNICATIONS: BUUUET-SCBOOLS: A communication from the Roanoke ciaI School Board, reqnestin9 that $750 be transferred from Personal Services to Travel and Conference Attendance and that $550 be transferred from Personal Services to In-Service Teaming (Workshops) under Section ~2000, 'Schools-Instruction;' that $250 be transferred from Transportation by Contract to Maintenance of Equipment under Section uSO00, 'Schools-Pupil Transportation;' and that $3,049.21 be transferred from Retirement System Contribution (Not Cafeteria) to Insurance under Section aBO00, 'School-Fixed Charges,~ of the 1964 budget, which transfers are necessary in order tO meet the needed expenditures in the budget details, was before Council. Mr. Stoller moved that Council concur in the request of the School Board and offered the following emergency Ordinance: (=15061) AN ORDINANCE to amend and reordain Section ~2000, "Schools- Instruction," Section =5000, "Schools-Pupil Transportation," and Section =8000, 'Schools-Fixed Charges,# of the 1964Appropriation Ordinance, and providing for an emergency. (For full text of Ordiuance, see Ordiuance Rook No. 2?, page 359.) Mr, Stoller moved the adoption of the Ordinance, The motion mas seconder by Mr, Nheeler and adopted by the follouing vote: AYF.~: Messrs, Garlend,~Jones, Pollard0 Stoller, Rheeler and Mayor Dillard .............................. NAYS: None ..................O, (Mr. Young absent) REPORT5 OF OFFICERS: RECREATION REPARTNENT: Council having accepted the proposal of Rodges Lumber Corporation for the construction of a park shelter la Melrose Park for the sun of $R,335, the City Manager submitted a written report, advising that wiring of the skelter by the Jefferson Electric Company amounted to $2S0, and recommended that this amount be transferred from Materials, Supplies and Contractual Services under Section 389, mMaintenance of City Property," to Fallon and Melrose Park Shelters under Section ~170, 'Cnpital,* of the 1964 budget, to cover this expense. After a discussion of the matter, Mr. Jones voicing the opinion that future bids should be for a turnkey job before they are accepted, Mr. Stoller offer* the folio.in9 emergency Ordinance: (~16062) AN ORDINANCE to amend and reordain Section =88, 'Maintenance of City Property,' and Section ~lTO, *Capital,' of the 1964 Appropriation Ordinance and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 27, page 360.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Stoller, Wheeler and Mayor Dillard ................................ 6. NAYS: None ..................O, (Mr. Young absent) BUDGET-WATER DEPARTMENT: Council havin9 accepted the proposal of the Lambeth Construction Company for furnishing and installing 20-inch cast iron feeder main and 24-inch cast iron suction pipe and appurtenances for the Water Department, for the sum of $241,291.50, the City Manager Submitted a written report, advising that the actual cost of the contract was $245,300.18 due primarily to relocation Of the main to avoid conflict With other underground utilities, and recommended that the contract be extended in the amount of $4,008068 and the difference appropriated. Mr. Stoller 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 extending the contract of Lambeth Construction Company in the amount of $4,008.68o The notion was seconded by Mr. Pollard and unanimously adopted. Mr. Stoller then offered the following emergency Ordinance appropriating $4,008.68: (~16063) AN ORDINANCE to amend and reordain "Non-Operating Expense" of the 1964 Water Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 361.) 493 494 Mr. Stoller mov.ed the adoption of the Ordinance. The motio~ mas seconded by Mr, Mbeeler end adopted by the following vote: AYES: Messrs..Gsrlando,Jones, Ppllard,.Stoller, .Wheeler end Mayor Dillard ................................ 6, NAYS: None ................. Oo (Mr, Young absent) BODGET-PA¥ PLAN: The City Manager submitted the following report, recom- mending that certain vacancies in various municipal departments be filled since they are of an emergency nature: "Roanoke, Virginia October 12, 1964 To the City Council Roanoke. Vlrglnla Gentlemen: In order to maintain efficiency in the City services, I recommend that the following personnel be authorized: FIRE DEPARTMENT - One Fireman SEMAGE TREATMENT PLANT - Assistant Operator, Croup 14, Step 1 LIBRARY - Branch Librarian II, Group 12, Step 1 Library Assistant II, Group 16, Step 1 Respectfully submitte,d, $/ Arthur $. Owens City Manager' Mro Stoller moved that Council concur in the recommendations of the City Manager and that the matter be referred to the City Attorney for preparation of the )roper measure. The motion was seconded b~ Mr. Wheeler and unanimously adopted. CITY GOVERNMENT: The CitI Manager submitted a written report, transmittln a communication from Mrs. W. J. Carter, Coordinator of field work by students taklog a course in political parties at Hollies College, advising that the College hopes to have two students work in each of several offices in Municipal Government for a period of two hours each week and requesting the cooperation of the City of Roanok in the in-service training program, the City Manager recommendi.ng that the city participate in this program. Mr. Stoller 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, said measure to provide that the students are to be placed by the City Manager in various municipal offices and that the City of Roanoke is not to be held liable for any injuries sustained by the students while participating in the training program. The motion was seconded by Mr. Pollard and unanimously adopted. BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a written report, transmitting a communication from the Director of Public Welfare, advising that due to the steady increase in the number Of prescriptions to be filled for welfare patients per day It bas bec.aa impossible for the part-tlme Pbarmicist to )err.tm his mork in the allotted number of hours and requesting that a full-time Pharmacist be employed as of January 1, 1965,, at a salary of $600 per month, the City Manager recommendin9 that the request be granted. On motion of Mr. Stoller, seconded by Mro Wheeler and unanimously adopted the matter was referred to the Budget Commission in connection with its consideratlc of the 1965 budget, POLICE DEPARTMENT-FIRE DEPARTMENT: The City Manager submitted the following report with regard to changes in personnel of the Police Department and the Fire Department for the month of September, 1964: 'Roanoke, Virginia October 12, 1964 To the City Council Roanoke, Virginia Gentlemen: In accordance with Charter provisions, I am presentln9 to you the change in personnel of the police and the fire department for the month of September. *Police Department tMrs, Judith B. Dratton, Clerk-Stenographer resigned September 7, 1964, *Hr, Donald R, Wells, patrolman resigned September 11, 1954. tYhere were no appointments during the month of September. 1964.* *Fire Department *During the month of September 1964 there were no personnel changes within the Fire Department. Present strength is 157 men, with no vacancies,' Respectfully'submitted, S/ Arthur S. Owens City Manager' Mr. Jones moved that the report be received and filed, The motion was seconded by Mr. Stoller and unanimously adopted. PARKS AND PLAYGROUNDS-STATE HIGHWAYS: Council having previously authorized the City Manager, acting for and on behalf of the City of Roanohe, to offer Robert L. Stevens and Vivian J. Stevens $109 for a'O.2fl-acre parcel of land in connection with the development of the Mill Mountain - Blue Ridge Parkway Projec' the City Manager submitted a written report, advising that Mr, and Mrs. Stevens have made a counteroffer of $300, and recommended that the counteroffer be accepted~ Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~16064) A RESOLUTION relating to the acquisition of a certain parcel Of iand'needed for the Mill Mountain-Blue Ridge Parkway project, (For full text of Resolution, see Resolution Book NO, 27, page 361.) Mr. Pollard moved the adoption of the Resolution, The motion was seconded by Mr. Stoller and adopted by the following Vote: AYES: Messrs. Garland, Pollard, Stoller, Nheeler and Mayor Dillard ....S. NAYS: None ............................................. (Mr. Jones not voting, Mr, Young absent) '495 496 LARDMARK$-L~RAIIE$: CauncJl having directed the City Hanuger to~''cuuse the orderly demolition and removal or the old librnry building in ~lmwood Path, the City Hannger submitted a written report, advising that he hms secured bids for the demolition and removal of the old library building mad flag pole fu ~lmmeod Par&, and recommended that the low bid of the Alan L, Amos ~rechiug Company In the amount of $995 be accepted. · After a discussion of the matter, there being some question us to whether or not the removal of the flag pule should be included in the project, Mr, Jones moved that action on the matter be deferred until the next regular meeting of Council on October 19, 1964, in order that the City Manager and the City Attorney might investigate the conditions on which the flag pole mas donated to the city and placed in Elam*od Park. The motion mas seconded by Mr. St*liar and unanimously adopted. ~£~£R5 AND STORM DRAINS: Council having instructed the City Manager to tv*coed to readvertise for bids on the construction Of an 8-inch sanitary sewer main to serve Robyn Road, ~rigbt Road and a portion of Colonial Avenue and Crestnn Avenue, 5. W** on the basis of eliminating the construction of the sewer lioe along the rear of properties fronting on ~right Road and la,tailing the sewer main at a greater depth in ~right Road Instead, the City Manager submitted a written report, advising that the property owners in general have now agreed to a permanent lO-foot easement with approximately 30 feet of working easement at the rear of the propertie! fronting on Wright Road, and recommended that he be authorized to readvertise for bids on the project on the same basis as originally advertised, Mr, St,lief moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Wheeler and unanimously adopted. TRAFFIC-SCHOOLS: Council having directed the City Manager to furnish an estimate of the cost of employing four women school crossing guards for an experi- mental period of slx months and, also, the results of a survey as to how this system has worked in other cities, the City Manager submitted a written report, advising that the total cost of the experiment ~ould be $4,056 and transmitting a brochure )repared by the American Automobile Association with regard to bow the system Is work ing in other cities. The City Manager also submitted information showing the present cost of guarding school crossings b~ policemen as $25,531.20, a proposed increase in the 1965 budget for the Police Department of $25,482.00, and recommended that 22 women school crossing guards and 3 meter maids be employed at a total cost of $30,246,00 which would permit 22,080 additional hours for police services, Mr, Dillard questioned paying women school crossing guards $1,20 per hour as compared with a rate of $1.g? per hour for policemen, it being bis contention that if the women are employed they will be regular police officers and should be paid accordingly. The City Manager replied that a school crossing guard would not be perform- ing other duties performed by a regular police officer. Mr, Garland reiterated his stand on the importance of women school crossing guards and moved that the City Manager be instructed to hire four of those guards on a six monthse basis to be placed, at his discretion, at the various elementary schools throughout the city. Mr. St,lieF offered a substitute motion that the report of the City Manager be filed. The motion was seconded by Mayor Dillard and lost by the follow- lng vote: AYES: Messrs.'Pollard. St,lieF and Mayor Dillard ...................... NAYS: Messrs. Garland. Jones end Mheeler .............................. (Rt. Young absent} Mr. Mheeler then offered a substitute motion that the report of the City Manager be referred to 1965 budget study. The motion was seconded by Mr. Garland and unanimously adopted. TRAFFIC-SCHOOLS: Council having referred to the City Manager various requests of patrons of the Fairview Elementary School with regard to protection of their children from traffic hazards, he presented the following report: "Roanoke, Virginia October 12, 1964 To the City Council Roanoke, Virginia Gentlemen: At our meeting of Monday, October 5, 1964, you received complaints concerning lach Of police protection at 36th Street and Yroutland Avenue and West Side and Shenandoah Avenue, and also a series of other requests and criticism. Math reference to the flashers, the traffic department adjusts these flashers at the request of the school, as me do not knew the various school hours and we had not received any request for changing, The school flashers on Shenandoah Avenue have been retimed and they are now timed as follows: 7:30 a.m. 9:00 a,m. 11:45 a.m. 12:15 p.m. 2:45 p.m. 4:15 p.m. The police superintendent, at my direction, has arranged for permanent police protection at the afar*going corners, which mill~ be paid out of overtime funds which I estimate to be, between now and the end of the year, approximately $300. Intense efforts will be made by the Police Department tO break up speeding on both Shenandoah Avenue and Salem Turnpike. A *Stop* sign will be erected on Tram*land Avenue at 36th Street. I think this completes my assignment. Respectfully submitted, S/ Arthur S. Osens City Manager" On motion Of Mr. Mheeler, seconded by Mr. St,lief and unanimously, adopted the report was filed, REPORTS OF COMMITTEES: FUEL OIL: Council havt}g referred bids on furnishing the fuel oil requirements of the City Of Roanoke for the p,erlod from October 15, 1964, to October 15, 1965, to a committee for tabulation and report, Mr. Pollard moved that 497 495 Council concur In the recommendations of the committee and offered the.foil*ming Resolution accepting the proposal of the #hiring 011Gompnny for furnishing No. and No. 2 fuel oil: (e16055) A RESOLUTION accepting t~e proposal of RhJtin9 Oil Company for supplying the City's Nos. I and 2 fnel oil requirements for the 1964-1965 season; and rejecting all other bids. (FaF full text of Resolution, see Resolution Rook No. 27, page Mr. Pollard moved the adoption of the Resolution. The motion was seconde~ by Mr. St*lieF and adopted by the foil*ming vote: AYES: Messrs. Garland, Jones, Pollard, St*lief, RheeJer and Mayor Dillard ................................ 6. NAYS: None ..................O. (Mr. Young absent) Mr, Stoller then offered the following Resolution accepting the proposal of Andrews, Pltzer, Rntler Fuel 011 Corporation for furnishing No, S fuel o11: (s16066) A RESOLUTION accepting the proposal of Andrews, Pltzer, Butler Fuel Oil Corporation for supplying the City's No. 5 fuel oil requirements for the 964-1965 season; and rejecting the other bids, (For full text of Resolution, see Resolution Book No, 27, page 363,) Rr, Stoller moved the adoption of the Resolution. The potion mas seconded by Mr. Nheeler and adopted by the following vnte: AYES: Messrs, Garland, Jones, Pollard, Stoller.~heeler and Mayor Dillard ................................ NAYS: None ..................O, (Mr. Young absent) UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ~ONING: Council haydn9 deferred action on the adoption of Ordinance No. 16027, rezoning the easterly portion of a35,325-acre tract of land adjoinin9 Melrose Avenue, Twenty-fourth Street and Salem Turnpike, N. N.. Official Tax No. 2420203, from General Residence District to Business District, and an Ordinance accepting the verbal offer of Mrs. Susie O. Horton to donate to the City of Roanoke for street widenin9 purposes a lO-foot strip of land on the east side of Twenty- fourth Street, N, N,, north of Salem Turnpike, as well as sufficient land on the north side of Salem Turnpike, N. W., between Twenty-fourth Street and Twenty-ninth Street, to provide for an 80-foot street, and expressing the appreciation of Council for the donation, pending completion of a survey being made of the strips of land to be donated to the city for street widening purposes, the Ordinances were again beforl the body, It appearing that the survey has not been completed, Mr, Stoller moved that action on the adoption of the two Ordinances be deferred until the next regular meeting of Council, The motion was seconded by Rfc Wheeler and unanimonsIy adopted, ZONING: Ordinance No, 16046, rezoning three tracts of land located on the south side of Rershberger ~oad, N. Wo, east of Ferncliff Avenue, designated as Official Tax ~os. 2480111, 2480141 and 2480110. respectively, from General Residence District to Business District, having previously been before COuncil for Its first reading, read end laid over, was again before the body, Hr. Wheeler offering the folloming for its second reading and final adoption: (s16046) AN ORDINANCE to auend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, In relation to Zoning. (For full text of Ordinance, see Ordinance Rook No. 27, page 355.) Mr. Wheeler moved the adoption of the Ordinance. The motion wes seconded by Mr. Stoller end adopted by the following vote: AYES: aessrs. Garland, Pollard, Stoller, Wheeler and Wayor Dillard ....5. NAYS: Mtn Jones 1 ....................................................... . (Mr. Young absent) STREETS AND ALLEVS: Ordinance No. 16047° vacating, discontinuing and closing a 12-foot alley running through Block 7. Chomouni Land Coupany Rap, in a north-south direction between Orange Aeenue and ¥oDowell Arenue. N. E.. parallel to Ninth Street and Eleventh Street, having previously been before Council for its first reading, read and laid over. was again before the body, Mr. Wheeler offertn9 the following for its second reading and final adoption: (=16047) AN ORDINANCE permanently vacatin9, discontinuing and cio,in9 that portion of a certain 12-foot alley running throw9h Block ?, Chauouni Land Company Rap, in a north-south direction from Orange Avenue, N. E** to NcDowell Avenue, fl. E., in the City of Roanoke, Virginia, (For full text of Ordinance, see Ordinance Book No. 27, page 356.) Hr. Wheeler moved the ad, option of. the O~dinance. The motion was seconded by Mr. Stoller and adopted by the following vote: AYES: Messrso Garland, Jones, Pollard. Stoller, Wheeeler and Mayor Dillard ................................ 6. NAYS: None ..................O. (Mr. Young absent) STREETS AND ALLEYS: Ordinance No. 16046, vacating* discontinuing and closing 6 1/2 Street, S. E., from Buena Vista Boulevard to the first alley north of Buena Vista Boulevard, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Stoller offering the followin9 far its second reading and final adoption: (~16048) AN ORDINANCE to vacate, discontinue and close a portion of 6 1/2 Street, S. E., in the City of Roanoke. (For full text of Ordinance, see Ordinance Rock No. 27, page 357,) Mr. Stoller moved the adoption of the Ordinance. The motipn was seconded by Mr. Wheeler and adopted by the following vote: AVES: Messrs. Garland. Jones, Pollard, Stoller, Mheeler and Mayor Dillard ...............................6. NAYS: Nnne ................. On (Mr. Young absent) SALE OF PROPERTY: Ordinance No. 16052, providing for the sale.of property located on the north side of M?rgan Avenue, S. E., described as Lot 25, Block 11, '499 500 Morningslde Heights~ Official T&m No, 4131725, to #r~ M, Jo Kraige, for the sum of $365. having previously been before Council for Its first reading, read and laid over. was again before the body. Mr. Stoller offering the following for its second reading and final adoption: (n16052) AN ORDINANC£ directing the sale of Lot 25. Block 11. Morningslde Heights. to M. J. Rraige for $365 net cash. · (For full text of Ordinance. see Ordinance Book No. 2?. page Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. NheeleF and adopted By the foil,wing rote:. AYES: Messrs. Garland· Jones. Pollard. Stoller. Wheeler and Mayor Dillard ................................ NAYS: None ..................Oo (Nfo ¥oong absent) . ELECTIONS: Coancil having directed the City Attorney to prepare the prope~ measure authorizing the payment of a bonus of $5 to the Judges and Clerks serving in the election on Noveober 3, 1964, provided they attend a briefing meeting to be held by the Electoral Board. he presented same; whereupon Rt. Stoller offered · the following Resolution: (=16067) A RESOLUTION authorizing the payment of a $5 bonus to certain of the judges and clerks of the approaching presidential election. (For full text of Resolution, see Hesoluttco Book No, 27° page Rr. Stoller noted the adoption of the Resolution. The motion was 'seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollardf Stoller, Wheeler and Mayor Dillard ............................... NAYS: None ..................O° (Mr° Young absent) PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measare authorizing the City Manager to enter into a contract with Rt. Stanley Wa Abbott. Landscape Arnhltent. for the preparation of a Master Site Plan for Mill Moantatn Park at a cost of approximately $4.000.to $6.000. he pr~e ted sage; whereupon. Mr. Stoller offered the follo~ing Resolution: (~1606~) A RESOLUTION authorizing employment of a landscape architeot for the preparation of a Waster Site Plan for Rill Wountain Park. (For full text of Resolution. see He$olution Book No. 27· page Mr. Stoller moved tbe adoption of the Res,Intl,,. The motion was seconded by Mr. ~heeler and. adopted by the following vote: AYES: Re~srs. Garland, Jones. Pollard, Stoller, ~heeler and Mayor Dillard ............................... NAYS: None ................. O. (Mr, Young absent) SERERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure providing that such action be taken as is'deemed necessar against Hr. L, S. Kytchen to enforce the provisions of the Land Subdivision Ordinanc with regard to property in the vicinity of Core Road, N° N°, bounded by Florida Avenue and Andrews Road, he presented same; whereupon, Mr° Stoller offered the following Resolation: (816069) A RESOLUTXON directing the City Manurer and the City Attorney to enforoe the provisions of the Land Subdivision Ordinance against the developers and/or owners of certain real estate bounded by Florida Avenue and Andrews Road, (For full text of Resolution, see Resolutibn 8gob Ho. 270 page 364.) Mr. Stoller moved the adoption of the Resolution. The motion was second~ by Mr. Jones and adopted by the following vote: AYES: Messrso Garland, Jones, Pollard, Stoller, Nheeler and Mayor NAYS: None ..................O. (Mr. Young absent) In this connection. Council at its last regular meeting having adopted Resolution No. 16051, directing the City Manager conditionally to extend a sewer line to the property line of Mr. Joseph G. Fuller at 2201 Florida Avenue, N. provided Mr. Fuller shall have first conveyed unto the City Of Roanoke, by deed containing general warranty of title, a strip of land 25 feet in width across the front Of his aforesaid lot, Mr. James P. Hart, Jr** Attorney, representing Mr. Fuller, appeared before the body and presented a communication, advising that Counci did not include this condition in its directive to the City Attorney to prepare the Resolution and that a deed to the 25-foot strip of land in question previously offered to the City of Roanoke by Mr. Lo S. Kytchen, Subdivider, for street purposes was rejected by city officials because they are not permitted to obligate the city to provide street improvements that ace required by Ordinances Of Council to be provided by Subdivision developers. The City Attorney explained that be included the condition In the Resolotion because he thought the present owner of the lot would hove no objection to conveying the 25-foot strip of land to the city for street purposes since a deed to the strip of land has olready been offered and only Council can authorize the acceptance of a deed. Mr. Hart replied that Mr. Fuller acquired the lot from Mr. £ytchen by a deed containing special ~arranty of title and that even though be would consider conveying the strip of land to the city with this restriction he knows of no authority of the city to require a gift of land as a prerequisite for a sewer lateral. Mr. Pollardmoved that the City Attorney be directed to prepare the proper measure directing the City Manager unconditionally to extend a sewer lateral to the property line of Mr. Joseph G. Fuller at 2201 Florida Avenue, N. N. lhe motion was seconded by Mr. Jones and unanimously adopted. NOTIONS AND MISCELLANEOUS HUSiNESS: STATE HIGHWAYS: Mr. Jones raised the question as to the status of the Route 24 project, particularly with regard to the widening of Elm Avenue between Jefferson Street and First Street, S. E.. and the construction of a new bridge, Mr. Jones stating he cannot understand why such projects take so long. 501 5O2 In a discussion of the matter, the City Manager pointed out that the change in the location of Klm Avenue as a result of the decision of the Roanoke Valley Community Hospital to locate on the Orchard Hill site caused a considerable delby in time, that the declsioo to construct a large size storm drain through Ko*ritz Bottom required addltlonnl field work and that it is normal for a project of this magnitude to take u minimum of three years from the time it is initiated by the municipality until it is advertised for bids, Council having advanced to November 15o 1964, the date heretofore fixed for vacating, discontinuing and closing the northerly portion of Elm Avenue, S, between Jefferson Street and First Street, and the exchange of deeds by the City of Roanoke and the Community Hospital of Roanoke Valley in connection therewith, Xr. ~illlam A, House, Executive Director of Downtown Roanoke, Incorporated, appeared before the body and expressed the concern of downtown busiuess interests over closln Of the street prior to the opening of a new street on the south border Of £1mwood Park, and urged that the new street he opened as soon as possible. Mr. Jones requested the City Manager to investigate the possibility of the city proceeding with the construction of the new portion of Elm Avenue, So between Jefferson Street and First Street., without delay, and receiving reimburse- ment from the Feder~! and State. Governments after the Route 24 project has been completed, In conclusion, Mr. Jones suggested that the City Manager continue to hold briefing sessions on c3pital improvement projects periodically with thc members of Council as initiated by former Mayor St*liar. TAX£$*LICENSE$: Mr, St*lieF presented the following proposal to reduce the real estate and persona! property tax rate from ~3,45 to $3.30, to-reduce licenst taxes 15~, to grant o $300 assessed value exemption to need citizens OVer 65 on their homesteads and to replace the lost revenue with e 1% sales tax with $4,00 maximum tax and no exemptions: "October 12, A Tax Proqram For 1965 and Future Years For a Creater Roanoke To The Honorable Mayor and Fellow Members of the Roanoke Ctt~ Council: This Council can congratulate itself on a record of progress during the past two years. This was attained by hard work, financial prudence, a team spirit and an unfrozen tax rate. By working together and using the resources of our community, we were able to give our citizens harmonious, economical and progressive govern- meat, The people have approved the program by re-electing all four members who submitted themselves. Despite many fine accomplishments, we must acknowledge that ahead of us lies a large and expensive capital improvements program to keep our City first class. This can be financed out of bond issues, one massive one or a £ew at a time. in order to keep the inevitable bond issues to a minimum, we should finance more capital improve- ments out of current revenue. Despite the most valiant economy, local governmental costs are inevitably directed upward. While we might hold the line this year, any real estate tax increase in the near future mould in my opinion be disastrous. I We cannot have sound local government mithout odequste revenue, My program is to reduce the real estate and personal property tax rnte from $3,45 to $3,30, to reduce our license taxes 15~, and to grant m $300 assessed value exemption to our needy citizens over 65 on their homesteads, The effect of these measures would be to reduce our revenues an estimated $703,025, To replace the lost revenue I propose 1~ sales tax mith $4 maximum tax and no exemptions. This could bring in an estimated $1,250,000, perhaps more, (1963 retail sales were The difference, $544,9?5, can be used to immediately begin on oar long-delayed cspital improvements program, the bridges, coliseums, schools, drainage otc, which we need so much and which will in turn prove good investments toward a greater Roanoke. The advantages of a local sales tax are that it gets a measure of revenue from non-residents and taps the broadest tax base, for we all realize that some of us pay little or no taxes under existing systems. Some believe that a local sales tax would be bad for the City and might drive business away. Such a tax is in use in 1,680 American cities; surely they can*t all be wrong, A 2~ tax in Norfolk has not had any negative effect, At least three other Tidewater cities plan to adopt local sales taxes, SO long as Roanohe offers a wide variety of fairly-priced merchandise in attractive surroundings, it will maintain itself as a shopping center, There is absolutely no evidence to the Contrary. Fears of adverse effects of a local sales tax are phantom fears. There is no salvation imminent from the State. Tax Commissioner Morrissett predicts no sales tax in *66. Even if one should be adopted, it would simply be used to mahe a strong central State government Jn Richmond much bigger, with the bulk of the proceeds being used to support the counties, which are not making a fair effort in many cases to pay the costs of government. Unless we are disciplined enough to take distasteful measures, we can expect to revive the drift and dream atmosphere from which we have so recently emerged. If you will give the proposed plan a fair test, you will find it will enable us to go for years with a much sounder fiscal program and to begin a definite and progressive capital improvements program. I attach a schedule of calculations. One year of experience would 9ire us the precise estimates needed to plan in future years. Sincerely, S/ Murray ~. Smaller Murray A. Smaller. October 12, 1964. Calculation Of Program of Tax Reform. 1964 revenue estimates: 1~ yields IS~ reduces Real estate $5,474,490 $18.210 $ 273,160 Personal property 1,181,851 3,425 51,375 Licenses 1,870,000 Reduce 15~ 280,500 Tax credit for needy over 65 100,000 $ 705,025 Additional available for capital improvements 544,975 1~ local sales tax should yidld $1,250t000# (1963 retail sales $158 million) Mr. Stoller moved that his proposed program be forwarded to the Budget Commission in connection with its consideration of the 1965 budget, that it also be sent to the Tax Study Committee and that Council take the program under con- sideration. The motion was seconded by Mr. Pollard. 503 504 In this connection, a comnunJcatlon from Hr. Edmard C, Mo,name Executive Vice President of the Roanoke Merchants Association, strongly opposing the Imp,si,ag of a local sales tax in the City of Roanoke, was before Council, Mr, Pollard stated that he is in hopes the Tax Study Committee will come up with something which will give the city additional revenue, but that he is willing to vote for u study of the pr,gram ~roposed by MPg Stoller with the under- standing it does not bind him to vote for u sales tax. Hayor Dillard concurred with Mr. Pollard. Mr. Garland stated he would be opposed to a sales tax in the City of Roanoke only, but would consider it on u valley=wide basis, citing figures from two tobacco mholesalers mbo sell almost twice as many cartons of cigarettes in the county as in the city and voicing the opinion that this is due to the local sales tax on cigarettes. Mr, Wheeler voiced the opinion that Council should await the report of the Tax Study Committee before taking any action on a sales tax. Mr. Jones expressed the opinion that the sales tax is the most equitable tax. but he does not think it should be considered unless and until it can be applie~ equally, concluding that he does not think Roanoke can be compared with Norfolk in this matter because the situation in the two cities is entirely different, The matter having been discussed at length, the motion of Mr, Stoller mas lost by the i,ll,win9 vote: AYES: Messrs. Pollard, St,lieF and Mayor Dillard ......................3. NAYS: Messrs. Garland, Jones and ~heeler ..............................30 (Mr. Young absent) QUALIFICATIO~ OF OFFICERS: The City Clerk reported that the following officials have qualified for office: Mr, Randolph G. Whittle. City Attorney; Mr. J. Robert Yhomas, City Auditor; Hiss Virginia L. Shaw, City Clerk; Hr. Bnbert L. Quarles, Judge, Municipal Court; Mr. Carroll D. Rea, Substitute Judge, Municipal Court; and Mr. Joseph A. Brogan, Board of Trustees, Employees' Retirement System. On motion of Mr. Wheeler, seconded by Mr. St,Ilar and unanimously adopted, the report was filed. On motion of Mr. Jones, seconded by Mr. ~ollard and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: Mayor