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HomeMy WebLinkAboutReel 27 (10/19/1964 - 12/13/65)COUNCIL, REGULAR I~ETING, Monday, October 19, 1964. The Council of the City of Roanoke met In regular meeting In the Council Chamber in the Municipal Building, Monday, October 19, 1964, ut 2 p.m** the regular meeting hour, uith Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, James E. Jones, Roy R. Pollard, Sr., Murray A. Broiler, Vincent $. Nheeler end Mayor Benton O. Dillard ........... 6. ABSENT: Councilman Malter L. Young ....................................1. OFFICERS PEESENT: Rt. Arthur $. Omens. City Manager. Mr. Rundolpk G. Mhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting nas opened ufth a prayer by the Reverend J. G. Vusiliou, Pastor. Holy Trinity Greek Orthodox Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, October 5, 1964, having been furnished each member of Council, on motion of Mr. Broiler, seconded by Mr. Nheeler and unanimously adopted, the reading thereof eom dispensed with end the minutes approved ua recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: NONE. PETITIONS AHD COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Compaoy, trans- mitting a list of street lights mhich mere installed and/or removed during the month of September, 1964, was before Council. On motion of Mr. Stoller, seconded by Mr. Mheele~ and unanimously adopted, the communication was filed. BUDGET-SCHOOLS: A communication from Mr. A. F. Fisher. Business Manager and Clerk Of the Roanoke City School Board, requesting that $445 be transferred from Personal Services to Travel Expense - State Aided Employees under Section ~2000, *Schools-Instruction;# that $200 be transferred from Transportation by Contract to Supplies (Gas. Oil and Greasing) under Section 35000. #Schools-Pupil Transportation;~ and that $1,500 be transferred from Replacement of Furniture to Maintenance of Instructional and Office Equipment under Section ~7000, *Schools- Maintenance of Plant and Equipment.* of the 1964 budget, to cover necessary expenditurea in these accounts, mas before Council. After a discussion of the matter, Mr. Fisher, who nas present at the meeting, explaining that $1,500 is available in the Replacement of Furniture account because certain pupil and teacher desks are not being replaced, Mr. Stoller moved that Council concur in the request Of the School Board and offered the follomJng emergency Ordinance: (u16070) AN ORDINANCE to amend and reordatn certain sections Of the 1964 Appropriation Ordinance, and providing for an emergency. (Par full text of Ordinance. see Ordinance Book No. 27~ page 365.) Hr. Stoller u,Bed the od,phial or the Ordinance, The u,tine nos seconded by Br. Vheeler end sd,pied by the' f,Il,ming vote: AYES: Hessrs.* Gsrlsnde Jones, Pollard, St,liar, Uheeler nad Molar Dillard ................................... 6. NAYS: None .....................O. (Br. Young absent) BUDGET-SCHOOLS: A communication from Mr, ROy L. Mebber, Chairman. of the Ronnoke City School Board, requesting that $67,300 be appropriated to Section Ul6~O, 'Soho,la-#nap,met Development ned Training.* of the 1964 budget, to provide for three additional occupational training courses under the Manpouer Development end Training Pr,gram uhlch amount will be reimbursed to the City or Roanoke by the Federal Government os disbursements ore made, was before Council. In this connection, Mr. Nebber appeared before Council and advised that the State of Virginia, the Virginia Euployment Commission and the Roanoke City School Hoard ore collaborating in on occupational training program, that a course for machine operators is already being conducted and that sufficient applications have been received to Organize additional courses in bricklaying, nurses aid nad melding, but that funds appropriated by the Federal Government to cover the cost of the program are not available until the disbursements have been made. Mr. Jones stated it is his understanding · representative Of the Virginia Employment Commission is under the impression that the Federal Government has not formally approved the three additional occupational training courses os yet and voiced the opinion that there should be closer liaison betneen the agencies involved so that proper plans con be made as to mbich categories will be needed. Mr. Webber assuring Council that the School Board nJll approve only those categories mhich the Hoard feels are needed and pointing out that the city mill be reimbursed by the Federal Government on a monthly basis instead of at the end of each course, Mr. St,liar moved that Council concur in the request of the School Board and offered the following emergency Ordinance: (316071) AN ORDINANCE to amend and r,ordain Section ~lbO00~ *Schools- Manpower Development and Training** of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 366.) Mr. St,lief moved the adoption Of the Ordinance. The motion ubs seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. St,lief, #heeler and Mayor Dillard ................................... 6. NAYS: None .....................O. (Mr. Young absent) PURCHASE OF PROPERTY: A communication from Mr. Leonard F. Anglin, representing Allen Hudgins and Company, Real Estate Agents, addressed to the City Planning Commission, offering to sell property located on the east side of Wllliamson Road, N. E., south of Fagot. Road, described as Lot lB, Naaman Map, Offlclll Tax No. 3100923, to the City of Roanoke for the sam of $37,500, end odJoimlmg lot om the southeast corner of Willilms~n Road sad Fugste Raid, described as Lot IA, Newman Mop, Official Tax No. 3100924° for the sum or mos before Council. OB motion of Mr. Stoller,. seconded by Hr. Wheeler and nnanimously adopted, the offer men referred to a committee composed of Messrs. Arthur 5. Omems, Chairman, Randolph G. Rhittle, J. Robert Thomas end Roy R. Pollard, Sr., for study, report and recommendation to Council. PENSIONS: A communication tram Mr. William F. Griggs, Secretary of the Employees* Retirement System of the Cie? of Roanoke. Virginia, transmitting u report of Mr. George D. Rack, Consulting Actuary, on the seventeenth valuation of the system as of December 31, 1963, mss before Council. On motion of Mr. Wheeler, seconded by Mr. Stoller and unanimously adopted, the commonicution and report mere filed. REPORTS OF OFFICERS: BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted · written report, recommending that $286,91 be appropriated to Rockledge Inn Improvement under Section =ITO, *Capital," of the 1964 budget, to cover the cost of piping material for plumbing fixtures for nam toilets at Rockledge Inn. Mr, Pollard moved that Council concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (=l&O?2) AN ORDINANCE to amend and reordain Section =ITO, "Capital." of the 19~4 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 27, page Mr. Pollard moved the adoption Of the Ordinance. The motion was seconded by Mr. Stoller and adopted by the folloming vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, Wheeler and Mayor Dillard ................................... NAYS: None .....................O. (Mr. Young absent) RURGET-PAT 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 October 19, 1964 TO the City Council Roanoke, Virginia Gentlemen: In order for the Municipal Government to maintain reasonable efficiency, I recommend the following employees: AUDITOR - Secretary III DEPARTMENT OF PUBLIC wORKs -'One Maintenance Laborer, Group 9 Five Disposal Laborers, Group 10 One Dump Trucker Il, Group 7 Respectfully submitted, S/ Arthur S. Owens City Manager* Mr. Stoller'moved that Council concur in the recommendutionl of the Cio7 Xunnger und that the matter be re~erred to the City Attorney ~ar prepernlinn of the proper meusure. The motion mos seconded by Mr. Rheeler and unnni~ously udopted. STATE DIGflgAYs-GRIDGES: The City #lnuger hiring recouwended thut the City of Roanoke ugree to beur one-heir of the cost of constructing u bridge aver Mud Lick Creek in order to extend Edgeuood Street, S. W,, to Mud Lick Rood, in Roanoke County, in 8 totul estimated amount of $20.000, and Council having referred the Bitter buck to him to ascertain whether or not 85~ of the totul cost will be borne by the state with the remulnJng 15~ to be paid by the city, in vJeu of the fact that the purpose of thin extension is to creete a neb inter- section with D. S. Route 11, the CitT Hnnager submitted n written report, udvising thut at a conference math officials of the Virginia Deportment of Highwuys he was informed this project is not eligible for the usual 85-15 per cent state-city fuads since the construction in on n secondary road. Mr. atelier moved that Council concur in the original reconuendation of the City Manager and that the matter be referred to the City Attorney for prepara- tion of the proper measure. The motion ubs seconded by Mr. #heeler and unanimously adopted. WATER DEPARTMENT: Council having directed the City Manager to determine the pressure in areas of the Mllliamson Road section which have complained of low water pressure, and to ascertain from Mr. Malcolm Pirnie, Consulting Engineer. the cost of a study to determine ff anything can be added to the treatment of the water to prevent clogging of galvanized pipes in the homes in said areas, the City Ranager submitted n urJtten report, advising that the firm Of Malcolm Pirnie Engineers has recommended tbnt the soda ash-Calgon treatment method be used at the Carvina Cove plant for a period of at least six months and that additional laboratory atndy by the firm be deferred pending results of the treatment: also, that the Plumbing Code be amended to require the use of copper or red brass plumbing and corrosion resistant hot water tanks la all new construction, and that the Acting Manager of the Water Department concurs in the recommendation that the Plumbing Code be amended, but that the Water Department has tried the soda ash-Calgon treatment and the results obtained were disappointing, the City Manager expressing the opinion that the addition of very hard water from Tinker Creek to the soft Carvins Cove water will result in n stable, non-corrosive water and he would lf~e to delay any change tn chemical feed untli after the Tinker Creek diversion has been completed, therefore, he does not suggest or recommend any change at this time. On motion of Mr. Stoller. seconded by Mr. Wheeler and unanimously adopted. action on the matter was deferred until the next regular meeting of Council. MATER DEPARTMENT: Council having directed the City Manager to proceed uith the preparation of plans for modernizing the Foiling Creek plant and to advertise for bids on the project, the City Manager submitted · uritten report, transmitting s report of Alvord, Burdick and Bousoo, Consulting Engineers, on iron and manganese removal iud plant modifications of the Folllog Creek Mater Supply. On motion of Mr. Stoller, seconded by Br. Mheeler and unanimously adopted, motion on the matter mss deferred until the next regular meeting of Council. In this connection, nra Stoller moved that o copy of the report of Alvord, BurdJck and Hozson be referred to · committee composed Of messrs. Vincent S. Mheeler. Chairman, Arthur S. Omens, Randolph Go Mhittle, J. Robert Thomas and J. A. Brogan for its Information in connection eith its study of the question of increasing water rates for large consumers outside of the corporate limits. The motion was seconded by Mr. ~heeler and unanimously adopted. TRAFFIC-STATE HIGHNAYS: The City Manager submitted a written report, suggesting that consideration be given touard having public hearings on the Roanoke Valley Regional Area Transportation Study os soon as practical due to the fact that after July 1, 1965, the city will he unable to avail itself of federal and state matching funds. Mr. Stoller moved that a public hearing on the proposed plan be held at 2 p.m., January 11, 196§. The motion was seconded by Mr. Pollard and unanimously adopted. STATE HIGHWAYS: Mr. Jones having requested the City Manager to investigate the possibility of the city proceeding with the construction of the new portion of Elm Avenue. S. E.. betueen Jefferson Street and First Street. without delay, and receiving reimbursement from the Federal and State Governments after the Route 24 project has been completed, the City Manager submitted a written report, advising that in o conference with representatives Of the Virginia Department Of Highways he has been informed that this cannot be accomplished unless the city desires to pay the entire cost of the project, the City Manager pointing out that 2lans have not been completed for the bridge or Elm Avenue; however, state officials have assured him that every effort mill be made to advertise for bids for the project by March 1, 1965. On motion of Mr. Mheeler, seconded by Mr. Stoller and unanimously adopted the report was filed. STATE BXGBWAYS: The City Manager submitted a written report, advising that Mr. Julian H. Martin mod Mr. Mercer W. Simmons have been approved as appraisers, that Mr. F. Rodney Fitzpatrick has been approved as attorney and that Mr. T. Howard Bayer has been approved as negotiator for the Route 24 project. Mr. Mheeler moved that the City Attorney be directed to prepare the proper measure appointing the appraisers, attorne~ and negotiator for the Route 24 project as approved by the state. The motion zas seconded by Mr. Stoller and unanimously adopted, EASEMENTS-PARES AND PLAYGROONDS-SPECIAL PERMITS: .Council ct its meeting on September 14, 1964, having adopted Ordinance No, 16016, permitting Plamtstlon Pipeline Company to construct, mulntolm and operate on 8 S/8-inch steel petroleum products pipeline at certaim locutions in the City of Roanoke upon certain terms and conditions, and at its meeting on September 28, 1964, having,adopted Resolution No. 16036, providing for the acquisition of a 104.8-ucre tract of land rrna Mrs. Clara E. Buck rot the Mill Mountain - Blue Ridge Parhuay Spur and Recreational Area Project, the City Manager submitted a uritten report, transmitting a request of the Plantation Pipeline Company for permission to construct, maintain and operate un 8 S/8-1nch steel petroleum products pipeline under, along and across the southerly portion of the tract Of land acquired from ,Mrs. Buck for a distance of 1,022 feet at an annual charge of $255.50, and recommended that the permission be granted. Hr. Stoller moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~16073) AN ORDINANCE to permit Plantation Pipe Line Company to construct maintain and operate an 8 S/B-inch steel petroleum products pipeline on certain property of the City located in Roanoke County. Virginia. upon certain terms and conditions. MOEREAS, by Ordinance No. 16016 heretofore adopted by the Council On ~he 14th day of September. 1964, permit mas provided Plantation Pipe Line Company to construct, maintain and operate u petroleum products pipellne across certain streets, roads and properties of the City set OUt and ~escrihed in detail in said ordinance, said ordinance, further, expressly providing the terms and conditions upon which the permit mas granted; and MHEREAS, application has been made to the City by said permittee for additional permit to construct, operate and maintain a segment of its aforesaid pipeline for a distance of approximately 1022 feet over certain other property Of the City in Roanoke County, recently acquired by the City from one Clara E. Buck, the permit, if granted, to be subject to all Of, the terns, conditions and provisions contained in aforesaid Ordinance No. 16016. except for the additional annual charge hereinafter provided; and WHEREAS, the City Planning Commission has approved the location of the pipeline hereinafter authorized to be constructed. THEREFORE, BE XT ORDAINED by the Council of the City Of Roanoke that Plantation Pipe Line Company is permitted to construct, reconstruct, repair, maintain, operate and use a certain B 5/8 inch steel underground petroleum pipeline approximately 1022 feet under, along and across the southerly portion of a ce~tn~n 104.0 acre tract Of land situate in Roanoke County, Virginia, recentlyacquired by the City from one Clara Eo Buck, the location of which said pipeline shall be as Is shomn On Plan No. d716-9-D, a copy of mbich.has been filed by said permittee in the office of the City Clerk, the construction, reconstruction, maintenance and operation of sold pipeline to be subject to oil of the conditions smd requirements set out end contained In Ordinance No. 16016o aforesaid, and mhich ore expressly Incorporated herein by reference, except that the permlttee shall pay to the City annually for the additional right and privilege grouted bi this ordinance, uitbout prior demand therefor and nt the time of making annual payment of the sue specified in Ordinance No. 16016. the additional sum of $255,50, ehlch said additional annual payment shall, likewise, be due smd payable to the Treasurer of the City of Rosnohe. BE IT FURTHER OROAINEH thntthis ordinance shall be in force and shall become effective when the permittee shall file with the City Clerk an acceptance writing of the provisions hereof in form satisfactory to'the City Attorney, which shall constitute on agreement on the part of Plantation Pipe Line Company to be bound thereby and to comply heremith, shall furnish n liability insurnnce contract and bond relative to the additional pipeline authorized herein which may, In the discretion.of the permittee, consist of adequate endorsements added to the assurances heretofore furnished pursuant to Ordinance Ho. 16016, aforesaid; and shall have paid to the City the first $255.50 annual payment hereinabove provided. The motion nas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stoller. Wheelernnd Mayor Dillard ................................... NAYS: None .....................O. (Mr. Yuan9 absent) SCHOOLS-SIDEWALK, CURB AND GUTTER-TRAFFIC: Council having received a report from the City Manager. estimating that it mould cost $3.500 to construct a sidewalk along the east side of Grandam Road, S. W., from Galliard Avenue to a point approximately 170 feet east of Carter Road, thence from Grandam Road to the Raleigh Court Elementary School. the City Manager submitted a subsequent report, pointin9 out that this mark cannot be accomplished in the immediate future unless other committed mark is forsaken. Council having also directed the.City Manager to take necessary safety precautions to safeguard the students attendingthe Raleigh Court Elementary School with regard to traffic hazards in the area, he reported that he is taking necessary safety precautions in this area consistent with the manpower available. Council having referred the question of constructing the sidewalk to the Roanoke City School Board for study~report ~nd recommendation, Hr. Roy L. Webber, Chairman of the School Board, appeared before the body and advised that the Board has referred the matter to a committee and that n recommendation mill be submitted to Con~cil in the near future. , Mr~ Pollard moved that the report of the City Manager be filed, pending receipt of the recommendation of the School Hoard. The motion mas seconded by Mr. Stoller and unanimously adopted. In n further discussion of the construction of the sidewalk, Mr. Stoller pointed out that since the matter was referred to the School Board the City 8 Hunnger.has.preseoted to. Council a nap prepared by Suithey nod Boyotoo,'Archltects nad Engineers, shoeing the proposed development of Shrloo Bill, end that the map indicates a future primary unit to the Raleigh Court Eleteutary School in the path of the proposed sidemulk, Br. Stoller voicing the opinion that the School floord should be apprised of this fact.. Br. Wheeler stated that the School Board already has n copy of the mop, but Hr. Stoller expressed the opioionthat Council should officially notify the School Board or the nap and eared that the City Clerh write the Chairman of the School Board to the erYect that Council's inspection of the map prepared by Smithey and Boynton shows a proposed future addition in the path of the proposed sidemalk. The notion was seconded by Hr. Pollard and adopted, Mr. Wheeler voting no. In a further discussion of the reportof the City Wauager that the conair tJon of the sideualk at Raleigh Court Elementary School cannot be accouplished in the immediate future unless, other committed work is forsaken, Mr. Stoller voiced the opinion that Council should directthe City Manager to proceed with the sidewalk project at Raleigh Court Elementary School OS saunas the recoumendation of the School Board is received and moved to reconsider the motion that the report of the City Manager be filed. The motion nas seconded by Mr. Garland. Upon a voice vote, Mayor Dillard declared the motion lost. SCHOOLS-SIDEWALK, CURB AND UU~TER: The City Manager submitted the follouingreport math regardto.street improvements in the vicinity of the Wasena School; . 'Roanoke, Virginia October 19, 1964 To the City Council Roanoke, Virginia At our meeting of October 5, 1964, you received a petition , from several residents in the Wasena School area and a spokes- man presented further information to me requesting improvements needed in the school area. The cemetery has agreed to provide the City with the maces- -mary land at no cost for the widening, where Bindsoreaters Brighton. This mill be accomplished as soon as we can relieve city forces from other committed and urgent demands. The neces- sary curb and gutter on the west side of Brighton Road between Windsor and Sherwood would be approximately $1600 and other street improvements about $500. Should you authorize this to be accomplished, unless you direct it be done now. I can only advise you that it will be placed in sequence and accomplished just as soon os possible. Respectfully submitted, S~ Arthur S. Owens City Manager? Mr. Stoller moved that the City Manager be directed to proceed with the street improvements in the vicinity of Wasena School forthmith. The motion mas seconded by Mr. Garland and unanimously adopted. ZOalNG-JUNK YARDS: Council having referred · st·tement or Mr. G. N, Srlsseu, 3112 Snle~,TurBpi~eo N, W.o that he mould rather have On automobile the City Nsnnger for his information Jn connection uith his s.tudy of screening automobile graveyards, the City Msnnger submitted n mritten report, explaining that o fence mould be uithin font feet of the uJndous on the bach of #r. Grissou*s home nnd that Hr. Grlssou has been advised be mill be give· an opportunity to roice his objections uhen public hearings are held on the proposed new Zoning Ordinance. On notion of NF, Stoller, seconded by Mr. Wheeler nad unanimously adopted, the report mss filed. AUDITS-SCHOOLS: The City Auditor submitted a uritten report on the examination of the records of Belmont Elementary School for the school year ended June 30, 1964, advising that all records mere in order. On motion of Mr, Nheelero seconded by Mr. Stoller and unanimously · dopted, the report mos filed. £ASERENTS-SPECIAL PERMITS-GASOLINE AND OIL: Council having adopted Resolution No. 15937, 9routing Rumble Oil and Refinin9 Company a permit to install one 4~inch and one 6-inch pipeline and one 6-inch electrical conduit under Ninth Street, N. R,, ia order to connect with its terminal facilities at 907 Seventh Street, N. R., nod having directed the City Attorney to ~repare the proper measure requiring the Bumble Oil nnd Refining Company to uahe a~ anna21 payment to the City of Roonohe for the t~o pipelines and the conduit on the bails of charges established in Ordinance No. 16016, permitting Plantation Pipeline Company to construct, maintain and operate a pipeline at certain locations in the city, the Assistant City Attorney submitted a uritten report, advisin9 that the Humble 011 nnd Refining Company has not exercised the permit granted by Resolution No. 15937 and nam desires to install only a 6-inch gasoline pipeline across Ninth Stree. t, N. E., at an annual charge of $15; Mhereopon, Rr. Pollard moved that the follouing Ordinance be placed upon its first reading: (~16074) AN ORDINANCE to permit Rumble Oil ~ Refinin9 Company to con- stract, maintain and operate one (1) ~-inch underground gasoline pipeline under and agross 9th Street, N. E., upon certain terms and conditions; and repealing Resolution No. 15937 relating to the installation of three (3) certain underground facilities under said street. NBERRAS, Resolution No. 15937 of this Council heretofore adopted on July 27, 19~4, made certain provisions for the installation by Humble Oil ~ Refining Company of tau (2) pipelines and one (1) electrical conduit under qth Street, N. E., but the authority granted by said resolution has not been exercised by said permittee, who has notified the City that it desires non to install, maintain and operate only one (1) b-inch underground gasoline pipeline, approximately 6O feet long, across said street, and ~ho has indicated its uillJngness that Resolution No. 15937, aforesaid, be repealed and that this ordinance embody the terms under mhich said pipeline shall be installed, maintained sad operated: and '~HEREAS, the City Planning Commission ham approved the location of the pipeline hereinafter authorized to be installed across and under said street. THEREFORE, BE IT ORDAINED by ~h~ Council'of the City ~fRoono~e as folloas: 1o That Humble Oil ~'~efiniag C~epany. hereinafter referred to as *Licensee* be and is permitted to construct, reconstruct, repair, maintain, operate and uae a certain 6-inch steel undergr'ound pipeline approximately 60 feet in length under and across 9th Street. N. E.. south of Rhodes' Avenue, N. E.. in order to connect ulth said company*s terminal facilit'les at No. 907 Tab Street. N. E., os said pipeline is located and shown on said company*s plan of *Proposed Pipeline Crossing = 9t~ Street,'H. £.,* d~ted June 10. 1964, as revised to provide for one (1) 6-inch gasoline pipeline only, u copyof which said plan i~'on file in the office of the City Clerk. 2. That the construction, reconstruction, maintenance and operation Of the pipeline shall be do~e in a manner satisfactory to the Director of Public Porks. and the Manager of the City*s Water Department in case t~e pipeline shall may involve or affect any public mater main' Or line, which officials are herein= after referred to as "DJrecterS", at such dept~ and in accordance math such plans and specifications OS the Directors shall approve. The work of construction, reconstruction, repair, maintena~ce on'd removal Of the pi'palina shall not be commenced until the permit therefor bas ~een i'ssued by the Directors in which they shall reserve the right to revoke the same in the event the work shall not in oil respects conform to the provisions of this and ill other ordinances relating thereto and the requirements of the Directors. 3. That the Licensee will at all ~imes keep the p~peline in proper repair and shall ~ake such r~pairs thereto from time to time as the Directors shall deem necessary for the safety of persons and property using the streets and propert] of the City. 4. That the Licensee mill restor~ and 'replsc~ such portions of the street and any public utilities and property of the City therein disturbed or destroyed by reason of'the c~nstrnction, reconstruction, re~ir, maintenance; operation or removal of the pipeline in a manner satlsfa~t~ry ~o age Directors and with materials approved by them, and when because of the ~ai~tenance,'oPeration, .... trocti ..... pal .... i~t ..... ~ removal'of'the:pipeline ~he safety of p ........ property using the street in the O~inion ofth~ Di~e~t ..... quires that the street .... y public utility or Property of the Cl~ytherein be replaced; reitoredor repaired, the Licensee shall restore, re'lace or repair the streei or utility when requested by the Directors and in a manner and with materials satisfactory to them. · §. Mhene because of the cuss*ruction, ret,ns*run*lox, repair. maintenance, operation, existence or rem,vol q! the pipeline, the facilities of · public utility which his bee· grunted · freechise or permit by the Git7 to ese the streets or property of the City for its purposes is disturbed or in any way urfecte( thereby, the Lice·see will construct, recommit·ct, repair or replace such facility l· · ma··er satisfactory to end under the supe?isioe of the public eLJlIW to which the franchise or permit hum been granted to operate the facility effected. 6. The Liceesee mill indemnify, reimburse and save the City harmless from nil charges, damages or costs that the City way be required to pay or otherwise sustain by rems,· of the construction, venoms*run*ion, repair, malntenenne, operatic use. existence and removal of the pipeline and by yeas,· of any person, firm OF corporation being injured or damaged in any way in person or property b! the con- siren*i,·, reconstruction, repair, meintenance~ operation, asa. existence oF removal of the ~ipeline; and In the event that suit shall be brought against the City. either independently or jointly with the Licensee on account thereof, the Lice·see mill defend the City in any such suit at the cost of the Licensee. and in the event of a fi·al judgme·t bei·g obtained agal·st the City. either i·dependently or Join*Il with the Licensee. then the Licensee will pay such ~udgment with all costs and hold the City harmless therefrom, 7. The Licensee will insure its Ii.ability in connection with the construction, reconstruction, repair, maintenance, operation, use, existence or removal of the pipeline, provldingindemnities 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 all bodily injuries resulting from any one Occurrence, and $50,000 for property damage, Such insurance shall also extend to provide coverage of the Llcensee°s liability under this ordinance and against the acts of ~ny of the Li~ensee*s con- tractors and their subcontractors, Such insurance shall be hep* in full force and effect by the Licensee during the construction, reconstruction, repair, maintenance operation, use, existence end removal of the pipeline. The City shall be named as an additional insured under the insurance contract. The Licensee will pr,ride the City with a certificate of such insurance which shall contain a statement that the insurance is provided to enable the Licensee to perform its obligation under paragraph 7 of this ordinance, and that it will not lapse or othermise expire prior to sixty days* written notice thereof given by the Licenseees insurance carrier to the City Manager of the City, anything in the insurance contract to the contrary nowlthstanding, 8, The Licensee mill furnish the.City a bond with corporate surety approved by the City Attorney in the sum of $250000 conditioned upon the removal of the pipeline, the replacement and restoration of the street and property of the CUt and any public utility therein ~amaged~ disturbed or destroyed tberebyia 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 ~ailer~, refusal or neglect of the Licensee to.comply fully and in oil respects with the provisions or this Bad any other ordinance relating thereto. The Licensee alii pey nil premiums chargenbl~ for the bond nnd will keep the soue in fell force end effect at all tines during the existence and removal of the pip,liRe. The bond shall contain a provision that it shall not be terninsted or otherwise allomed to expire prior to sixty (60) days after written notice to that effect, given to the City #manger. 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 hereinafter 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 n rrnnchlse nnd the Council expressly reserves the right at any time to amend or repeal this ordinance. Upon the amendment or repeal or this ordinance, the Licensee will in all respects comply with the.provisions; terms end conditions of the agenda*cry or ~repealing ordinance. Upon the dissolution of the Licensee. or its failure, refusal or neglect to keep the liability insurance contract and bond in fuji force and effect at all times during the construction and existence or the pipeline, the Licensee will remove the pipeline and replace and restore the streets and any public utility therein danagedo distFubed OF destroyed thereby ia n manner, with materials and to the satisfaction of the directors. IO. Cpon the failure, refusal or neglect of the Licensee tn comply with the provisions or. this ordinance, the City shall have the right to perform the Llcenseees obligation under this ordinance at the Llcensee°s cost and expense without liability to the Licensee for damage sustained on account thereof. 11. FaF any failure, refusal or neglect to conform fully with the prnvisiens of this ordinance or amendment, revocation or repeal thereof, the' Licensee shall, upon demand, pay to the CIW'a penalty, in the nature of liquidated damages in an amount of not less than $10o00 nor more than $100.00 per day as is fix by the Council 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 granted by this ordinance and without prior demand therefor, the sum of $1~.00. which said annual payment shall be due and payable to the Treasurer of the City of Roanohe. BE IT FaRThER 0RDAINED that this ordinance shall he in force and shall becoue 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 bound thereby and to comply herewith. The Licensee shall not exercise the privlleg~ 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. BE IT FINALLY ORDAINED that Resolution No. 15937, adopted by the Council on the 27th day of July, 1964, relating to the installation of three (3) certain underground facilities under 9th Street, N. E., be and it is hereby REPEALED. 13 The,motion mas seconded by Mr. Stoller and adopted by the following voter AYES: Messrs. Gurlendt Jones, Pollard, SCuller, Mheel~r and Mayor Dillerd ............................ NAYS: None ................. O, (Mr, Yonag absent) SEMERS AND SYORM'DRAINS: CounCil having held a public hearing on the question Of constructing on 8-1nc~ salitsry, semer muir to serve · portion of the Jcchson Path and Lilyv~em Subdivisions south of Orange Avenue and east of Tinker Creek, and having awarded the contract for the project, the Assistant City Att*me: submitted c written report, pointing out that 6o express action has bee* taken by Council ~lth regard to the appointment of c committee mbo mould, after other public hearings, proceed wi~h the mechanics of ascertaining and reporting the individual assessments on abutting p~operty owners in the area, and presented an Ordinance by which Council would formally order the construction of the sewer line ns ac assessment project.. Council being of the opinion that it shguld act as a committee of the mb*lc to proceed with the mechanics of ascertaining and reporting theindivldnal assessments, Mr. Stoller offered the following emergency Ordinance: (#16075) AN ORDINANCE authorizing the construction of certain public sanitary sewer mains and laterals to serve the properties abutting the Same on Eastern Avenue, N. E., and a portion of Mallace Avenue, N. E., in the Jackson park ar~at one-half of the total co~t of which is proposed to be wssessed upon the landowners when the cost shall,have been ascertained and.the other proceedings held as provided by law; creating a committee to ascertain the cost of such improvement and to assess and apportion th~ same eqnnlly between the City and abutting land- owners who may be served by said sewer and before whom said landowners may appear with reference to such assessment or apportionment; providing for notice to such abutting landowners of the hearing or hearings before.said committee; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 27, page Mr. Stoller moved the adoption of the Ordinance. The motion mas seconded by Mr. Mheeler and,adopted by the following vote: AYES: Me?srs. Garland* Jones, Pollard, St*lief, Nheeler and Mayor D~llerd ........................... NAYS: ,None-----: ............. Oo ~Mro Young absent) .ZONING: Council having referred to the City Planning Commission,for study, report and recommendation a ~equest of Mr. Ralph A. Glasgow that property located on the southeast corner of Chapman Avenue and Thirteenth Street, S. Mo, ~qs~ribed as the northern part of Lots ? and 8, Block ~l, F. Rorer Map, Official .Tax No. 1220301, be fez*ned from.Special Residence District to Busines~ District, the City Planning Commission submitted the following report, recommending that the request be denied: 'October 15, 1964 The Boa*robie Benton O. Dillcrd. Mayor : and Hembers Of'City COeBCll Roanoke. Virginia : Gentlewee~ The above reconlng request wes considered by the Clty Planning Conlssion during its October 4. 1964 meeting. This request hsd been tabled In order to await the coepletlon of n neighborhood development plea for the Rest End oreo. This pine which uas presented during the wee,lng, indicates that this particular lot should not be used for outright bnsicess~ however, the development plum indicates the possibility for office or institutional use. In the absence or a none classification permitting this type of restricted ccwwercial use. the Planning Commission recommends to City Council that the above rea*ming request to Ruslness District be denied and the lot be retained as Special Residence District. Very truly yours. S! Namer R. Sensbuch for Henry ~ Boynton In this connection, a communication from Hr. Clnsgow.-requestlng that action on the matter be deferred, was before Council. Hr. Garland no.ed that action on the matter be deferred until the next regular meeting of Council. The motion was seconded by Mr. Rheeler and unanimously adopted, ZONIRO: Council having referred to the City Planning Commission for stud report and recommendation a.reqoest of Hr. Ralph A. Glasgow that his property located on the north side of Hestport Avenue. S. W** east of Seventeenth Street. described as Lots 3 and 4. HI*ch 2. Rorer Heirs Rap. Official Tax Nos. 1210628 and 1210629. be Fez*ned from General Residence District to Business District. the City Planning Commission submitted a uti,ten report, advising that Hr. Glasgow has informed the Commission that he is withdrawing his request in order to permit the development of this area according to a neighborhood development plan prepared by the City Planning Department. Mr. St*liar moved that Mr. Glasgow be permitted to withdraw his request for rezoningo The motion was seconded by Mr. Nheeler and unanimously adopted. ZONING~ Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. Rufus C, Hurt, et ux.. that property located on the north side of Bramhleton Avenue, S~ #,, between Red Rock Road and Ashby Street, described as Lots 8, 9 and the southern portion of Lot 10, Block 5, Evergreen Development Company, Official Tax Nos. 1650528, 1650527 and 1650526, be rea*ned from General Residence District to Business District, the City Planning Commission submitted a written report, recommending that the request be granted. Hr. Statler moved that a public hearing on the matter be held at 2 p.wo, November 23, 1964. The motion was seconded by Mr. Wheeler and unanimously adopted. ZONXRG: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. Warren L. Baker that property Joan*ed on the south side of Georgia Avenue, N, E,, east or Sixth Street, described us Lots 1-5, inclusive, Block 19, Deuuuood Terreuce, Official Tax Hos. 3042501- 3042505, inclusive, be rezoned from General Residence District to Business District, the City Planning Commission submitted o uritten report, recommending thut the request be grunted. Hr. Stoller moved that a public hearing on.the matter be held nt 2 November 23, 1964. The motion was seconded by Hr. Hheeler nad unanimously adopted. STREETS AH~ ALI~YS: Council having referred to the City Planning GOB- mission for study, report and recoumeudation a request or the Roanoke Gas Company that Seventh Street. N. B., betweeq Patton Avenue and Harrison Avenue; also. Harrison Avenue, N. £., between Seventh Street and Kimball Avenue, be vacated, discontinued and closed, the City Planning Commission submitted a written report, recommending that the request be granted. Hro Stoller moved that a public hearing on the matter be held at 2 p.m., November 23, 1964. The motion was seconded by Mr. Hheeler and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning mission for s~udy, report and recommendation an offer of Hr. Milldam #arts and HFS. Jean S. Showalter to donate to the city for street purposes an 80-foot strip of land through the Matts Farm for a distance of 3,750 feet between Twelfth Street and Seventeenth.Street, N. W., north of Hatts Avenue, provided the city will construct the street at n~ expense to the property owners, the City Planning Commission submitted the following report,, recommending that the offer be accepted: 'October 15, 1964 T~e Honorable Benton O. Dillard, Mayor and members of City Council Roanoke, Virginia Gentlemen: The City ~lannin~ Commission considered this proposal at its meeting of October 14. lg64. It mas learned that Hr. Milldam Watts and Mrs. Jean S. Shonalter are offering a strip of land 80 feet midge and 2,750 feet long to permit the development of a residentlil collector road. The need for this road has been identified on the major highway plan. According to the land development plan this street would constitute an essential link to tie together existing, aswell as emerging, residential neighborhoods located in the northwest section Of the. City.. The City Planning Commission, therefore, recommends to City Council that the offer of land for use as a public street in a location more clearly identified, on a topographic map prepared by . David Dick, Surveyor, under date Of August 24, lgS3, be accepted and be made part of the public street system, Very truly yours, S/ HaFner K. Sensbach for Henry H. Hoynton Chairman" Mr. 5toller moved that Council concur in the recommendation of the City 'Planning Commission 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, 16 ,Mr, Sa.lief then moved-that the City Xannger take the construction of the street under considerntioa and,advise Council at the proper,time mhen the project should be included in the capital improvements pr.gram, The motion was seoonded by Hro Mheeler and unanimously adopted, REPORTS OF COMMITTEES: NONE. ., UNFINISHED BUSINESS: CITY GOVERNWENT-LANDMARKS-LZBRARIES: Connoll having deferred action on reconmendation of the City Manager that the bid of the Alan L, Amos Mrecking Company for the demolition and removal of the old library building and flag pole Jo Elmuood Park for the sum of $995 be accepted, in order that,the City Manager and the City Attorney might investigate the conditions on which the flag pole was donated to the city and placed in Elmwood Park. the matter was again before the body, In a discussion of the matter. It was brought out that the former ¥irginl Bridge and Iron Company donated the flag pole to the City of Roanoke on September 7, 1914, in observance of Flag Day, The City Raneger presented a communication from the Alan L. Amos Wrecking Company reducing its bid from $995 to $900 for demolition of the old library building only. Mr. Stoller moved that the revised bid be accepted 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. CONSIDERATION OF CLAIMS: NO~E. INTRODUCTION AND CONSIDERATION OF ORDINANCES A~D RESOLDTIONS: ZONING: Council having deferred action on the adoption of Ordinance No. 16027, rea.hang the easterly portion of a 55-.325-acre tract of land adjoining Melrose Avenue, Twenty-fourth Street and Salem Turnpike. Ne W.. Official Tax No. 2420205. from General Residence District to Business District, and an Ordinance accepting the verbal offer of WFS. Susie C. Norton to donate to the City of Rouuoke for street widening purposes a lO-foot strip of land on the east side of Twenty- fourth Street, N. W., 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 SO-foot street, and expressing the appreciation of Council for the donation, pending c~mpletion of a survey being made of the strips of land to be donated to the city for street widening purposes, the Ordinances were again before the body. It appearing thatthe survey bas not been completed. Mr. Sa.lief moved that action on the adoption of the two Ordinances be deferred until the next regula] meeting of Council. The motion was seconded by Mr, Pollard and unanimously adopted, WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure extending the contract of Lambeth Construction Company for furnishing and installing 20-inch cast iron feeder main and 24-inch cast iron uaotJoa pipe nad appurtenances for the Niter Departs,mt. for the sum of $241.291.50 in the amount o( $4.008.68, he presented same; abet.upon, Mr. Stoller offered the following emergency Ordinance: (m16076) AN ORDINANCE increasing the estimated sum to be paid Lambeth Construction Coupany by the City pursuant to the ~ontrsct between the parties of April 4, 1964, from $241.291.50 to the exact sum of $245,300.10; nnd providing for nn emergency. (For full text of Ordinance, see Ordinance Dook RD. 2?, page 368.) ara Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Follard and adopted by the following vote: AYES: Hessr~. Garland, Jones. Pollard, Stoller, Mheeler and Rayor Dillard ............................... NAYS: None ..................O. (Mr. Young absent) DODC~T-PAY PLAN:, Coun$il having directed the City Attorney to prepare, the proper measure authorizing the City Manager to fill certain vacancies Jn ?arian: municipal departments since they are of an emergency nature, he presented same; whereupon, Mr. Stoller offered the following Resolution: (mlGO??) A RESOLUTION authorizing the City RanageF to employ certain personnel. (For full text of Resolution, see Resolution Dook ~o. 21, page 369.) Hr. Stoller moved the adoption of the Resolution. The motion was seconde~ by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stalled, Rheeler and Mayor · NAYS: None ............... O, (ar. ~oung absent) CITY GOVERNMENT: Council having directed the City Attorney to prepare the proper measure pro'riding for participation by the City of Roanoke in an in-aery: training program for government students at Dollins College, he presented same; whereupon, Hr. Stoller offered the following Resolution: (x16078) A RLSOLUTION conditionally concurring in the request of Rollins College that the GitI share in the Colle'ge's in-service training program. (For full text of Resolution. see Resolution Book No. 21. page 369.) Mr. Stoller moved the adoption of the Resolution. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Ressrso Garland, Jones, Pollard, Stall.r, Rheeler and Rayor Dillard .............................. NAYS: None ..................O. (Mr. Young absent) SERERS AND STORM DRAINS: Council havin9 directed the City Attorney to prepare the proper measure unconditionally directing the City Manager to extend a sewer lateral to the property line of Mr. Joseph G. Fuller at 2201 Florida Avenue N. W., he presented same; whereupon, gr. Pollard offered the following Resolution: (s16079) A RESOLUTION emending Resolution No, 16051, (For fall text of Resolutioe, see Resolution Uook Ho, 2T, page 370,) Hr, Pollard moved the adoption of the Resolution, The motion was secoade~ by Ir, Stoller ned adopted by the following vote: AYRS: Yessrs, Gsrlnnd, Jones, Pollard, Stoller, Jheeler ned Mayor Dillard ...............................6. NAYS: None ................. Oo (Mr, ¥oeng absent) · COUNCIL: Mro Jones offered the follnming emergency Ordinnnce amending and reordnining Rule I of Section 2, Chapter 4, Title II, of The Code of the City of Roanoke, 1956, to provide that.the regular night meetings of Conneil shall be automatically adjourned at 11 pomo, nnless,n motion be made, seconded nnd unani- mously carried that said meetings continee: (mlGOBO) AN ORDINANCE amending.and reordaining Rule I of Section 2, Chap 4, of Titl~ II of The Code of the City of Roanoke, 1956,-as amended, relating to regular meetings of the City Cenncil; and providing for an emergency, RHEgEAS, for ,the usual daily operation Of the mnnicipnl government, nn emergency is set forth and~declnred to exist. THEREFORE, DE IT ORDAINED by the Council of the City of Roanoke that Rule I of Section 2, Chapter 4, of Title II of The Code of the City of Roanoke, as amended, relating to regular meetings of ,the City Council, be, and said rule Rule 1. Requlnr meetlnos~ The coeucil shall hold its regular meetings on Monday of each week except during the months of June, July and August, when two regnla~ meetings each month may be held. The first regular meeting each month shall be held at ?:30 o'clock, P.M** and shall be automatically adjourned at 11:00 o'clock, P° anlea~ a motion be made, seconded and unanimously carried that said meeting continue; all other regular meetings shall be held at 2:00 BE IT FURTHER ORDAINED that. an emergency existing, this ordinance shall be in full force and effect from its passage. Hr. Jones moved the adoption of the Ordinance. The motion mas seconded by Mr° Pollard. In a discussion of the Ordinance, Hr. Jones pointed out that the night meetings were initiated specifically for the purpose of allowing citizens to be heard and that i~ the City Clerk and the Cit'y Manager will keep the agenda for night meetings to n minimum there should be ample time to hear the citizens between ?:~0 and 11:00 p.m. Mr. Garland voiced the opinion that if Council is going to limit night meetings to three and one-half hours it should do the same for day meetings since it is Just as inconvenient in the day time as far ns he is concerned, Mr. Garland stating that he is in favor of having all meetings of Council at night. Mr. ~heeler stated that he does not think Council gains a thing by night meetings and that he is opposed to limiting the length of night Council meetings because he hopes eventually Council will get tired of them and revert to all day meetings. The motion to adopt Ordinance No. 16080 es un emergency measure was lost by the f,Il,ming vote: AYES: Messrs, Jones, Polla~d, St,lieF and Mayor Dillard ...............4, NAYS: Ressrs, Garland and Mheeler .....................................2. (Mr, Young absent) Hr, Jones then moved that the following Ordinance be placed upon its first reading: (m16080) AN ORDINANCE amending end reordaining Rule I of Section 2,. Chapter 4. of Title I! of The Code of the Clty of Roanoke. 1956, as amended, relatin to regular meetings of the City Council, · SE IT O~DAINED by the Council of the City of Roanoke that Rule I of Se:ti, 2, Chapter 4, of Title II of The Code of the City of Roanoke, 1956. as amended, relating to regular meetings of the City Council, be, and said rule is hereby, amended and reordalned to provide as follows, viz,: Rule 1. Reqular meetinus. Yhe council shall hold .its regular meetings on Monday of each week except during the months of June, July and August,. when two regular meetings each month may be held. The first regular meeting each month shall be held at 7:30 ,*clock, P. M.. and shall be automatically adjourned at 11:00 o'clock, ?. #.. unless u notion be made, seconded end unanimously carried that said meeting continue; all other regular meetings shall be held at 2:00 ,*clock P. M. The motion mas seconded by Mr.' Pollu~d and adopted by the following vote: AYES: Messrs. Jones. Pollard. St,lief and Mayor Dillard ................ 4. NAYS: Messrs. Garland and Wheeler-~ .................................... 2. (RFc Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: AIR POLLUTION: Th'e City Clerk reported the qualification of Mr. J. Bamilt n Smithey as a member of the Board of Appeal. Building Code. for a term of five years ending September 30. 1969. On motion of Mr. St,Ilar. seconded by Mr. Rheeler and unanimously adopted. the report was filed. BUSES-AIR POLLUTION: Hr.' St,liar calle~ attention to an article on ~iesel b~s fumes and roof exhaust pipes formarded to th~ members of Council by the City Manager and snggeste~ that the City Manager send a copy of the article to the Air Pollution Control Board for its information in connection with its study of internal combustion engines. PARRS AND PLAYGROUNDS-G~EBAGE REMOVAL: Mr. St,liar called attention to an article reporting that th~ comp,sting system for garbage removal in Phoenix. Arizona. has proven unsatisfactory and has been discontinued. On motion of Mr. Mheeler. seconded by Mr. St,lief and unanimously adopted. the meeting mas adjourned. APPROVED ATTEST: ~20 COUNCIL, REGULAR REETINO, no,day, October 26, 1964, The Council of the City of Roanoke met in regular, meeting :in the Council Chamber In the Municipal Building, Ho,day. October 26, 1964, at 2 p,m,, the regular meeting ho,r, uith Mayor Dillard presiding, PRESENT: Councilmen Robert A. Garlnnd, James E, Jo,est go~ R. Pollurd0 SF., ~urrny-A, Smaller, Vincent S. ,heeler nnd ,aFar Senton O, Dill,rd ASSENT: .Councilman ,niter L. Young ........................ % ....... 1. OFFICERS PRESENT: ~r, Arthur S, Omens, City Manager, JLr, Randolph Nhittle, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION:. The meeting mas opened with a.prayer by the Revmrend G, T,. Turner, Pastor, Maple Street Haptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, October 12, 1964, having been furnished each member of Council. on motion of Hr. MEeeler,' seconded by Hr, Stoller and u,a,ina,sly adopted,, the reading thereof mas dispart'sad with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUDLIC 'HATTERS: HEALTH DEPARTMENT-TRAILERS: Rrm. Sallie' M. Ferguson appeared before Council and requested permission to place a house trailer on the east side of her property at 747 garland Street, N. E,, Mrs.' Ferguson' presenting a petition signed by 11 property owners in the area consenting thereto. On motion of Mr. Stolle~ seconded by Hr. ,heeler and unanimously adop~ed, the request was referred %o the City Manager for study, report end recommendation to Council. SIGNS: Hr. Jam~s L. Chitwood,' Vice President, Stanford ~ Inge, Incor- porated, appeared before Council and presented a communication,' advising that his 'company desires to erect signs a~ Fulton Rotor C~mpnny, Incorporated, 114 Franklin Road, S. W.o and at A, trim Rotors, Incorporated, RIO RcClnnahan Street, S, W., at overall height of 44 feet 6 inches, but that the Department of Buildings classifies the signs as ground signs rather than post signs, consequently, there is a height limit of 28 feet, Mr. Hhltmood pointing out that permitted for roof signs and that he does not feel it was the intention of Council to place a more restrictive limit on ground signs, but that the ~eight limit of 28 feet was meant to apply to Hood ~onstructed billboards, Hr. Chltwood requesting permission to erect the two signs at an overall height of 44 feet 6 inches and also requesting that C~apter 7, Title X¥, of The Code of the City of Roanoke, 1956, 'relating to Signs, Awnings and ,arq,ess, be amended or clarified so that the height limit of 28 ~eet will not apply to ground signs. Hr. Pollard moved that the request be referred to.the City Ranager, the City Attorney and the City Planning Commission for study, report and recomme~dation to Council. The motion was seconded by Mr. Garland and unanimously adopted. PETITIONS AND COBIfUNICATIONS: ZONING: A communication from Hr. Ben H. Richardson, Att*They, Iii, Carl A. HoctgomerYe et ex** requesting that property located between Brnmbleton Avenue end Sweetbr.ier Aveouee Se Block 4, Corbleshaw Map, Ofiicinl 'Tax NO. 1650601,.be rezoned irom General Residence District to Business District, mas belore Council. On notion or Hie Nheeler, seconded by Hr. St*lief and unbnlwously adopted, the request was referred to the City .Planning Commission lot study,' report nnd recommendation to Council. ZONING: A petition oi Hr; N. Courtney King, Jr**.Attorney,.representing Iff. Fred T. Melkel, et el** requesting that certain lots in Block 1. Signal Hill Estates, ironting on the south side.of Shenandoah Avenue end on the north side of Signal Hill Avenue, N. ~., between Juniper ~treet end Luckett Street, be fez*ned iron General Residence District to Susiness District, was before Council. On motion oi NFo Pollard, seconded by Mr. Stoller and unanimously adopted the request was reierred to the City Planning Commission for study, report and recommendation to Council. TsAFFIC-SCHOOLS: Council having relerred to 1965 budget study a recom- mendation oi the City Manager that 22 women school crossing guards and three meter maids be qnployed, a communication irom the Jamison School Parent-Teacher A~socia- tJon. recommending the hiring of t~e traffic guards and further recommending that one of the guards be stationed at Janison School, nas before t~e body. Mr. Mheeler moved that the request be referred to 1965 budget study, and, la the ~meantine, that.the City Manager be directed to make an investigation as to the need for a school crossing guard at Jamison School. The notion was seconded by Mr. Garland and unanimously adopted. BUDGET-ELECTIONS: A connnn$catio~ from Mr. T. Howard B.yet, Chairman of the Roanoke City Electoral Board, advising that the office of the Registrar is running short of funds for,extra,help in preparation of the coming election on November 3, 1964, and suggesting that $1,000 be transferred from Fees for Professiot and Special Services to Personal Services under Section ~13~, #Elqctoral Board** of the 1964 budget, for this purposeo.was before Coun~il. Mr. Po~lard moved that Cooncil concur in the request of the .Electoral Board and offered the follouing emqrgency Ordinance: (~16061) AN ORDINANCE to amend and reorda~n Section ~132, "Electoral Board** of the 1964 Appropriation Ordinance, and providing.for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 377.) Mr. Pollard moved the adoption of the Ordinance. The notio~ was seconded by Mr. Wheeler and adopted by the fol~owing vote: - AYES: Kessrs. Garland, Jones, Pollard, St.lieF, Mheeler and Mayor Dillard .............................. NAYS: None ................ O. ~MF. Young absent). aENEaS AND STORM DRAINS: A Resolution of the Board of Supervisors of Roanoke County, requesting that the contract between the City or Roanoke and the County of Roanoke dated September 20, 1954, dealing.with aha treatment ut domestic and uowmerciol wastes, be amended by adding thereto a,tract of land containing 30,386 square feet located on the north side or.Rershberger Road, west of lnterstut* Spur $81, was before Council. In a discusssion of the matter, the usual procedure of Council in such requests being to refer same to its Sewer Committee for study, report and recom- mendation, it was suggested that Mr. St,lief secve on the committee in the absence of Mr. Young,,Chairwant*wbo Is 111. M~. St,lief stated that he is completely opposed to referring this reques to the Sewer Committee since it costs the city wore to treat the sewage than the county pays and he plans to ask that Council take every step,it.can to get out of the contract at the proper time, Mr. St,lief pointing out that it Was the rezoning of this particular tract of land for business purposes that forced Council to rezone property,on the south side of Hershberger Road for business purposes and that the furnishing of sewage treatment to the tract of land In the county would be helping those who hurt the city residents south of Dershbevgev Road. Mr. Hbeeler moved that the request be referred to a committee composed of Messrs. Arthur S. Owens, Randolph G, #kirtle, Roy L. Rebber and Murray A. St.lieF for study, report and recommendation to Council. The motion Was seconded by Mr. Pollard and adopted, Mr, St,lief voting no. AUDITS-J~NICIPAL COURT: 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. Beverly T, Fitzpatrick, Chief aunicipal Judge of the Municipal Court of the City of Roanoke, for the periods January I - October 10, 1963, and October 11 - December 31. lg63, was before Council, the State Auditor pointing out that the results of the examination for the period January 1 - October 10, 1965. have already been presentet to Council through the City Auditor and that the examination for tee period October 11 - December 31, 1963, disclosed that proper accounting had been made for all fund! of record during that period. Mr. Pollard moved that the report be received and filed. The motion mas seconded by Mr. 5toiler and unanimously adopted. 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. Mheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~16082) A RSSOLHTION 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 377.) Mr. Mheeler moved the nd*pilot of the Res*lotion. The motion mas seconded by Mr. St*lief nnd adopted by the foil*ming vote: AYES: Messrs. GnrJood, Jones, Pollard, St*ilar, Mheeler and Mayor Dlllord ............................. 6. NAYS: None ................. O, (Mr, Yunna absent) BUDGET-PARIS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted t written report, advising that damage to the extent of $1,59B,?O.mns done to n bulldozer in use at the East Gate Sanitary Landfill by sand getting in the final drive, that the only way the sand could have gotten,there was by vandalism, therefore, the warranty on the tractor mas void, and recommended that be appropriated to.cover the cost of the damage, Mr. St*liar moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (m16083) AN ORDINANCE to amend and reordain Section z99, *Garage,# of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 3?8,) Mr, St*liar moved the adoption of the Ordinance. The motion mas seconded by Mr. Nheeler and adopted by the .following vote:· AYES: Messrso Garland, Jones, Pollard, St*liar, Mheeler and Mayor Dillard ................................ NAYS: None ................. Oo (Mr. Youn9 absent) Mr. Stoller then moved that the City Nanager and the City Attorney be directed to ascertain from the Insurance Advisory Committee whether or not the damage is covered by insurance, and, if not, to submit a recommendation as to whether or not the city should take out insurance on damage to its equipment by vandalism. The motion was seconded by Mr. Garland and unanimously adopted. BUDGET-TRAFFIC ENGINEERING AND COMMUNICATIONS: The City Manager submitte~ a written report, advising that the cost of printing in the Traffic Engineering and Communications Division has exceeded the estimate for 1964, leaving insufficient funds for postage and other office suppttes for the balance of the year, and recommended that $75 be transferred from Supplies and Materials - Construction to Printing and Office Supplies under Section c91, *Traffic Engineering and Communica- tions,* of the 1964 budget, Mr. St*lieF moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~16084) AN ORDINANCE to amend and reordain Section xal, *Traffic Engineering and Communications,* of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page. 379.) · Mr. St*Ilar moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Gurlond, Jones, Pollard, Stoller, Wheeler eld Mayor Dillord ...............................6, NAYS: Nooe---~ ........v ..... O, ,(Mr, Young ubsent) BDDGET-STATE HIGHWAYS: Council hiving reqsested the Virginia Depurtmeit of Highways to program n project om Route 460 from the east corporate limits Second Street, N. E., on a cost basis of 85~ state and lS~ city, the City Manager this project through August 31. 1964, amounts to $So661.74, and recommended that $1,299.26. representing the city°s portion of the total cost, be appropriated. Mr. Wheeler moved that Council concur in the recommendation of the City Manager end offered the following emergency Ordinance: (=16085) 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 Hook No. 27. page 379.) Mr. Rheeler moved the adoption of the Ordinance. The motion wis seconded by Mr. Stoller and adopted by the ~ollowing vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, #heeler and Mayor Dillurd ........................ ~ ..... NAYS: None ................ O, (Mr,,Yonug absent) BUDGET-CIVIL DEFENSE: The City Manager submitted a written report, advising that Roanoke is one of 50 cities throughout the United States selected by the Department of Defense of the Federal Government to participate in a community shelter plan program, and recommended that he be authorized to execute a contract and agreement between the City Of Roanoke and the Stanford Research Institute and also a contract and agreement accepting the proposal heretofore made by Hayes, Sony, Mattern and Mattern to conduct the study in Roanoke for the sum of $19,762; further, that $19,762 be appropriated for this purpose with the understanding that said amount will be reimbursed by the state. lfter a discussion of the matter. Mr. Jones objecting to the expenditure of funds for this purpose, Mr. Mheeler moved that Council concur in the recommenda- tion of the City Manager and offered the following emergency Ordinance authorizing the City Manager to enter into the contracts and agreements: (g16086) AN ORDINANCE authorizing the proper City officials to execute the requisite contract and agreement between the City and Stanford Research Institut and, also, a proper contract and agreement accepting the proposal heretofore made by Hayes. Sony. Mattern and Mattern to conduct the necessary local shelter program stud authorized by the Department of Defense of the Federal goverument;.and providing for (For full text of Ordinance, see Ordinance Book No. 27. page 3?9.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Stoller and adopted by the following vote: -25 AYES: Xessrso.Gnrlnnd..Pollardo.Stolle~, iheeler end May~r Dlllord .... 5, HAYS: Hr, Jones ............. ~ .................................... (mr. Young obsent) Mr. Mheeler then offered the following emergency Ordinance appropriating ~19,T62~ (SI6OaT) AN ORDINANCE tq a,end and re,rd,in Section ~6T, 'Civil Defense,' of the 1964 ApprqprietJoo Ordinance, and providing rot tn emergency, (Po~ full text of Ordinance, see Ordinance B,oh Ho, 27, page 380.) Mr, Mheeler moved the adoption of the Ordinance. The ~otion mas seconded by Hr. St,lief and adopted by the following vote: AYES: Messrs, Garland, Pollard, Stiller, Mheel~r and Malor Dillard ....$. NAYS: Mr. Jones ...................................................... 1. (mr. Young absent) AIRPORT: Council having authorized the City Manager to request federal aid for Project No. 15 at Roanoke Municipal (M,,drum) Airport estimated to cost $300,000, the City Manager submitted a written report, advising that the Federal Aviation Agency has allocated $82,750 for the fiscal year lg55 for the following work and that the total sum of $165,500 should be included in the 1955 budget for this purpose: Land Acquisition - Runway 15 clear zone $55,750.00 Tax!way lights and signs, Taxiways 15-33 and 5-23 26,000,00 On motion of Mr. St,lief, seconded by Mr. Garland and unanlmoFsly adopted the matter mas referred to 1955 budget study. SALE OF PROPERTY-WATER DEPARTMENT: The City Manager submitted a written report, transmitting a request of H,ack and Company, Incorporated, fo~ permission to use a 25~foot strip of land east of its property ~t 2013 South Jefferson Street, el(ending from Jefferson Street to Crystal Spring Avenue, for parking purposes, in exchange for paving and curbing the area at an estimated cost Of After a discussion of the matter, it being suggested that Council might c~nslder renting or selling the strip of land, Mr. 5toiler moved that the request be denied. The motion mas seconded by Mr, Jones and unanimously adopted. APPOINTMENTS-NiTER DEPARTMENT: The City Manager submitted a written report, recommendln~ that Mr. Joseph Ao Brogan be appointed as Manager of the M~ter Department. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following E,solution: (~15088) A RESOLUTION confirming ~he appointment of Joseph A. Brogan as Manager of the Mater Department of the City of Roanoke. (For full text of Resol~tion, see Resolution Book Ho. 27, page M~, Wheeler mov'ed the adoption of' the R~solntion.' The mo~ion was sec,nde* by Mr. Pollard and adopted by the following vote: AYES: Me sara. Gorlaad, Jones,,Pollord,'StoIler, Wheeler ged Mayor Dlllord ............................. NAYS: Bose ................. O. iMF, Young absent) BUDCET-SCROOLS-SIDENALK, CURB AND GOTTEn: Council hiring directed the City Mensger to proceed with street improvements in the vicinity of Mesene School, ,the City #nagger submitted the following report: "Roanoke, ¥1rgiulo October 26, 1964 To the City Council Roanoke, Virginia Gentlemen: On Roudav, October 16, you directed that ! make necessary improvements on Brighton Road between Nlndsor and Sherwood, and provide for curb and getter along Brighton Road on the east side of Nasena School. Singe this was part of an over-all improvement program, the work was started on Tuesdayo October 20, and con- ferences were held by our staff with officials of the Evergreen Burial Perk Corporation. I am attaching hereto a letter from the Evergreen Burial Park dated October 22, 1964, a report from the Director of Public Norks, end a map on uhich there is described the necessary land' needed from the Evergreen Burial Park for street widening purposes, There is approximately $9600 left in right of may funds and if in your discretion you authorize this work to be accomplished, I might suggest that you transfer from the right of way funds the sum of $4000 for the completion of the work, Respectfully submitted, 5/ Arthur S. Owens City Man~ger" Mr. ~Fneeler moved that the offer of Evergreen Development Company. Incorporated. to convey to the City of Roanoke n 5-foot strip of land on the north side of Windsor Avenue. S. W.. betw~n ~akefield Road and Brighton Road. and a wider strip of land at the northwest corner of Nindsor Avenue and Brighton Road. S. for street purposes, upon certain terms and conditions, be accepted and that the matter be referred to the City Attorney for preparation of the proper measure accepting the offer and expressing the appreciation of Council for the donation. The motion was seconded by Mr. Stoller and unanimously adopted. Mr. Wheeler then offered the following emergency Ordinance transferring $4.000 from Bights of Way to Supplies and Baterlals-Constructiou under Section al40 *Street Construction** of the 1964 budget: (w16069) AN ORDINANCE to amend and reordain Section al40. *Street Con- struction** of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 391.) Mr. Nh,clef moved the adoption of the Ordinance. The motion was seconded by Mr. Stoller and adopted by the folloming vote: AYES:' Messrs. Garland. Jones. Pollard. Stoller. Mheeler and Mayor Dillard ..............................6, NAYS: None .................O. (Mr. Young absent) AUDITS-SCHOOLS: A communication from the City Auditor. transmitting u report on on examination or the ,cc,nuts uud records of the Patrick Henry High School activities ruud for the yeor ended June 30. 1964. presenting fairly the financial condition of the fond at the end of(the endit period, wes before Council. Hr. Stolle~ moved tho* the communication and report be received and riled The motion wos seconded by Hr. Pollard and uuunimoesly adopted. SCHOOLS-AUDITS: A communication from the City Auditor. transmitting · report on es examination of the accounts end records of the Jefferson Senior High School activities fund for the Tear ended June 30. 1964. presenting fairly the financial condition of the fund ut the end'or the audit period, was before Council. Hr. St*lief moved that the communication and repor~ be received and filed The motion wes seconded by Hr. Pollard and unanimously adopted. STREETS AND ALLEYS: Council having directed the City Attorney to prepare the proper measure accepting the offer of Mr. Mllliam Ua*ts and Mrs. Jean S. ih*welter to donate to the City of Roanoke for street purposes on 00-foot strip of lend through the #otis Farm for u distance of 2.750 feet between Twelfth Street and Seventeenth Street. N. R** north of ~atts Avenue. the City Attorney submitted a written report, advising that it is impossible to prepare an acceptable Ordinance until certain engineering data is available. On motion of Mr. Stoller. seconded bT Hr. Pollard and unanimously adopted the report was filed. REPORTS OF CORHITTEES~ TAXES-LICENSES: The Roanoke Tax Study Committee submitted the following report pertaining to the License Tax Code: · To The Council of the City of Roanoke: On December 5, 1963, and June 25, 1964, respectively, the Roanoke Tax Study Committee submitted interim reports to the Council pertaining to the assessment of real estate in the City. Herewith, the committee submits its third interim report pertaining to the City license tax code. Attached hereto and made u part hereof Is a proposed ordinance which the committee recommends for passage by the Council. This ordinance constitutes a major revision of Title VI, Chapter VIII, of the Code or the City of Roan*he, the license tax code presently in effect in the City. BeCause the revision recommended Ii substantial, affecting not only administrative but also substantive changes, and con- cerning every business and profession in the City, the committee respectfully urges the Council to provide for thorough study of the ordinance, including publication thereof and the holding of a public hearing or hearings to permit discussion by all persons concerned, The committee submits 'that the current local' license tax is generally sound. Its underlying premise of taxing on a gross receipts basis admittedly is imperfect in providing complete equity. But by and large the system is as sound as can be made workable and within the bounds of ~tate statute. , To borrow a tern used by Dr. Mllllam H. Stauffer in .his 1952 report on city license taxes, the tax does out impose a *crushing* burden upon those who fall within its spp.llcation. Nhlle the City license tax is, in the opinion of the con- mit'tee, basically sound, the rates imposed thereby are excessive. This is the critical point, and this is the fact which s,ets Roanoke apart from her neighboring cities; the tax rates are too high. · lt.toheso·ly*o moment or two to compote Re·ri·he with other cities lu order to readily oppreciote this foot, The mb·lassie werchu·ts lu Rust·he nra timed nt · flit SSS plus ,33 per $100 gross pUrchoses, This compotes with Richmond's ISO plus $,2Sper $100tgross purohoses, uitb Huff·ibis $S0 plus $,lS per $100 gross purchases ·nd Lyoehburg!s flit $20 plus $.28~per $100 gross purcb·ses,' TO Illustrate further, the ret·il merchs·t lu Ruin·he pays SSS flat plus $,55 per $100 ~ross receipts, while the ret·il merchont in Richmond - pays $30 plus $,38 per $100 gross receipts tad the retail merch·ut in Lynchburg p·ys $20 plus $,35 per $100 gross receipts. mith the revenJe.aeeds.of the city. The cowmitteebelleves that Its first recommend·ti·n, the details of mhich foil·m, for · modest ·crnss-the-boord reduction will accomplish this desired end. specific class of wholesale merchants. A further redaction In rate for this class is herewith recommended as set forth belows The committee recommends thirdly a number of rate changes and reclassifications of business. The changes so recommended are made with a vlem towards greater equalization of the business tax burden. Four~ and finally, the committee recommends certain admin- istrative changes in the license tam code which will be summarized below. It is estimated that the committee recommendations mill produce a loss In revenue from license taxes of approximately 10.5 per cent, or $1~0,000 - $200,000. This estimate takes into consideration all of the adjustments recommended, including the elimination of the seventy-five cent fee presently charged for issuance of license. The committee notes a steady annual Increase in revenue from business license tax, and,.jad~g from the experience of the past several years, the committee submits that such normal increase mill offset substantially, if not totally, the reduction resulting from the committee adjustments. The detailed recommendations of the committee BOm full·m: fA) Ten Per Cent Across-The-Board License Tax Reduction. In 1956 the business license tax was increased ten per cent across-the-board because of the Cityqs them urgent need for operating funds. By and large the ten per cent increase applied to each business mithin the City. The committee now proposes a general ten per cent reduction in license tax rates. · It has been previously observed that the Roanoke business license tax is excessive. This fact Is so obvious as to require no lengthy discussion. Mention need only be made of the Clty*s retail merchants tax of $.55 per $100 gross receipts as compared mith the average of $.30 per $100 gross receipts in the 20 largest cities in Virginia excluding Roanoke. In ~heir appeal to the committee for relief from the oppressive tax burden, the merchants did not ask for such a reduction as would enable them to pay tax on the same basis as their competitors in the Town of Salem and County of Roanohe, mbo tax the retail merchant at $.13 per $100 gross receipts and $.10 per $100 gross receipts, respectively. They asked only that they be permitted to comp~te on an equitable basis mith their like kind in sister cities of the The ten percent reduction recommended does not meet the request made, · Far from it, the revised rntes still exceed those of other Virginia cities. The reduction recommended, however, is as much as the committe:e can Justify at the present time in view of the City*s current revenue needs. The committee recognizes that a fcrther reduction--to enable ail businesses of the City to compete on equal terms mith their associates In neighboring cities, and to obviate the business tax from impedin~ progress Of the City--is in order, bat such additional reduction cannot be recommended at this time for the reason .stated. It should be noted that the redootlda recommended while hcving geaercl application does Rot apply to-every trnde or bani- heSSe Certain ocoopctions will act enjoy a Ret tea per cent reduction cs such because of adjustment la rate or classification specifically wade ns to then,~ Fartioglor attention Is culled to per,oas engcged Il business, personcl cad professional services who will not enjoy the scwe rate of redaction but who will ns n group benefit from a lowered rate connensurnte with, or loner then, rates imposed by sister cities of the Saute, Etch business- man should review those provisions ia the attcched ordinnace concerned with his pnrticulcr ocoupction, in order to be informed cs to how the oonwltteeSs proposed revision will affect personally. (R) Seeclfic Reduction of Wholesale Herchnnts License The nholesnle nerchnnts license tax Is imposed by the City ct c rnte of a fica $55 plus $,33 on etch $100 of. gross purchases made by the merchant, This rate compares with Rlchmondts $30 plus $.25 per $100 gross purchases, Lynohburg*s $50 plus $,2R per gross purchases, and Norfolhts $50 plns$,15 per $100 gross pur- chases, It also compares with the Town of Salem rate of $,13 per $100 gross purchases and the Roanoke County rate of $010 per $100 gross p~rchases, The wholesale merchant who locates his business in the City of Roanoke is not compelled by business reasons to locate here. Uy the nature of the business, n large percentage. nnd quite often the major percentage, of his business is without the city limits, Testimony at the public hearing held on May R, 1963, made it clear that the wholesale merchant could Just as easily locate in Salem or Roanoke Connty, Testimony presented ut the hearing also made it clear that the City of Roenche is n major distribution center and Its character- istic ns such will become even more'evident if the wholesale merchant is provided a favorable tax climate. The argument of the City wholesale merchant for reduction in his tax is impressive, The committee recommends, in addition to the general t~n per cent reduction, previously proposed, a further adjustment in the wholesale merchants license tax Of fire cents per $100 9ross purchases. The total reduction recommended for the wholesale merchant would result in n flat $50 plus $,25 per $100 gross (C) Adlustments to £oaalize License Tax'Burden, In reviewing the license tax code, the committee has applied the same formula used in its study or the method of assessment of real estate, that is, the obtainment of as much equity and uni- formity in application of the tax burden as can possibly be hid under the circumstances. Unring the course of its stndy of the code the committee has come upon certain areas requiring adjustment. needed, in the opinion of the cowwlttee, to dlstribnte the license tax burden more eqnitnbly. Persons affected by these adjustments may take issue with the' committee action affecting their interests. To this the committee has ac objection, de~irlng only that it be understood clearly, by one and all, that every adjustment pr'opined has been made in light of the committee's prime guideline of equalization of the business tax burden, Included In the commltteets review of the *orions business classifications and rates has been comparison no~ only of businesses within the City bat also of like businesses in other cities of the State. Thus, the license tax levied upon a particular trade in the City has beencnmphred with license taxes levied on other trades in the City and also with license taxes levied on the same irade in other Virginia cities, Study of the license tax codes of other communities has caused the committee realization that several of such ~odes are consider- ably more brief and more simply written thnnis the present Roanoke license tax code, A businessman in Lynchburg, for example, would, In the opinion of the committee, find It mn~h easier to locate his particular occupation and the license tax thereon la his city code than would a like businessman in this City, Unlike the aoanohe code, which contains numerons separate provisions for'various occupations, the less complex codei tend to group, wherever e~itab~e and approprlate~ n number o~ like occupations nicer the same broad classification, To use Lynchburg again~ by way of IlluStration, the occupation of real estate agent isthere grouped and taxed under the general heading *Personal Services** whereas in the Roanoke code the real estate agent is separately classified and taxed. 3O Believing u briefer, simpler license tax code to be iu the best interest of kke businessman, the committee his la the ordinance attacked attempted to abbreviate and simplify tko present code by eliminating separate'claSsificatiOn'of pa~tic~lor occupations mherever suck occupations could equitably end appropriately be groeped and taxed.with like occupations, The discussion mhich follows does mot purport to take up all adJastment~ proposed in the committee revision, Certain adjust- wests are so'minor ns not to warrant dlscasslouo Major adjustments hove been made in several occupations to discourage their practice in the Gl.y, These a~e obvious on their face etd no express comment is made ulth regard thereto, Beouase the following.paragraphs do omit, for aha.ever reason, certain adjustments, it is particularly important that each businessman rerieu carefully the provisions 'in the ordinance pertaining to his particular occupation, The discussion proceeds by alphabetical order as to occupation adjusted, with reference being Jade to section numbers of both the present code and the proposed ordineece, It is noted that comparison purposes the license ~ax rates of Richmond, Lynchbarg and Norfolk, have be~n selected amd are quoted'in the p~ragraphs which follow, except in one or two situations where exact comparls6n cannot be had Jn one of the cities mentioned. No particular reason exists for the selectio~ of the three cities named, although the committee does consider them to be repre- sentative and affording valid comparison. (Il AdJdsters: claim and collection ~geneies (Old §30; new §31 ) These'uccup~tions are presently given separate classification and taxed at $30, plus $1,10 on each $100 gr~ss receipts, The committee proposes to reclassify each occupation under the broad group of JBu$1ues$t personal and professional servicesu and tax at the rate of $20, plus $090 per $100 gross receipts, The adjusted rate compares with Richmond's $30 plus $1.00 per $100 gross receipts, L~uchburg*s $20 plus $1.o$ per $100 gross receipts, and Norfolkes $35 plus $,70 per $100 gross receipts in excess of $3,000. (2) Advertisino aoent~ or aoencies (Old §3~ new §31 -) Advertising agencies in general are presently t~xed at $55 plus $.83 per $100 g'ross receipts and advertising limited to mabile means is taxed at $55 plus $.17 per $100 gross receipts. The co~mltte proposes to leave the limited mobile 'advertising separately classified as it now is and apply the general ten per cent reduction, providing a new rate of $50 plus $.15 per $100 gross receipts. Advertising agencies in general, however, are reclassified under the broad tBusiness, personal and' profession services' group and taxed at $20 plus $.90 per $1.00 gross receipts. The adjusted rate compares ~lth Richmond's $30 plus $1.00 pe~ $100 gross receipts. Lynchburg's $20 plus ~1.05 gross receipts and Norfolkts $35 plus $,?0 per $100 gross receipts in excess of $~.ooo. (3) A~ents for labor (01d §33~ new §31 ) Labor agencies are presently taxed at $55 plus $,$5 per $100 gross receipts. The committee proposes to reclosslfy this occupation under *Business, personal and professional services* st ~ rate ~f $20 plus $.90 per $100 gross receipts, The adjusted rate compares with Lynchburg*s $20 plus $1,05 per $100 gross.receipts and Norfolk*s $35 plus $,70 per $100 gross receipts in excess of $3,000, (4) Agents, manufactured Implements or machines (Old §34; new §31 Ranufacturers' agents are presently taxed.at $$5 plus $.55 per $100,gross receipts. The committee proposesto reclassify this occupation under 'Business, personal and professional servicest at a rate of $20 plus $.90 per $100 gross receipts. The adjusted rate compare~ ~ith Rlchmondts $30 plus $1.00 per $100 gross receipts, ~ynchburg~s $20 plus $1.05 per $100 gross receipts, and Norfolke~ $35 plus $,?0 per ,$100 gross receipts in ~xcess of $3.000. (5) ~g~nts. reelestate end rental (Old ~35; new §31 ) Reel estete agents nre~presently taxed nt S55 plus $,55 per Ir,ss cowwlssionv, end real estate salesmen ere taxed et t flat The committee proposes to eliminate the category end tax thereon of real estate salesmen and to reclassify real estate agents under the broad *Bus'hesse personal and professional services** to be taxed et $20 plus $,90 per $100 gross receipts. The adjusted rate cowperes with RlnhwondOs $30 plus'S1,00 per $100 gross receipts, Lynchburg*s $20 plus $1,05 per $100 gross receipts, and Norfolk's $35 plus $,?0 per $100 gross receipts in excess of $3,000. (6) ~lerm or detector.service (Old §36~ new §31 ) Every person furnishing alarm or detector service now pays an annual license tax of $110, The committee proposes to reclassify this occupation under tBusJneest personal and professional services* and tax et $20 plus $.90 per $100 gross receipts, The adjusted rate coupares with Richnondts $30 plus $1.00 per $100 gross receipts. LynchburgOs $40, and Norfolk's $35 plus $.70 per $100 gross receipts in excess of $3.000, · (T) Alcoholic beverages (Old §37{ new ~22 ) In revising the code section pertaining to alcoholic beverages the committee has eliminated the subsections relating to beer end wine wholesalers, who are already covered under the general *Nholesale merchant* classification, and the subsection relating to wholesale druggists. The committee was asked to prorate the $150 base tax imposed upon retailers of beer and wine, specifically to provide for refund of tax paid by those who, for one reason or another, go out of business during the tax year. The committee carefully considered this request, concisely presented by the representative of the beer and ulna retailers, but determined not to recommend proration of the $150 base tax. (8) ~mase~ents--Movinq pictures, shows, exhibitionstetc, (Old S38; new ~23 ) ' Within the present code provision relating to amusements there are a number of separate categories for the particular amusements described therein. The.committee revision eliminates the majority of these separate categories in view of their inclusion under the paragraph coveeing all public performances or exhibitions of any kind. The committee revision also eliminates public dancing from the provision, a new separate section being devoted to public dancing. (9) Antiquet food or rummage shows and sales sponsored by nonprofit oroanisations (New ~24 The committee proposes to add a new. separate provision to the license tax code to cover antique, food or rnmmage shows and sales sponsored by nonprofit organizations. The provision is modeled upon §55-$81.1 of the Code of ¥1vginiat enacted in 1964, with the committee pFovlsi0n adding *food' and 'rummage* sales to the 'antique' sales provided for in the State provision, It is noted that conduct of the show and sale is narrowly confined, to last for no more than oneweek, and to be held by the particular local nonprofit organization only once during any one calendar year. The tax imposed under this section is twenty dollarS. (10) Auctioneers: common criers (Old §39; new §31 ) General auctioneers are presently taxed at $55 plus $.55 per $100 gross receipts, Jewelry auctioneers at $500 plus $°55 per $100 gross receipts, and common criers at $15. The committee propose~ to reclassify general auctioneers and common criers under the general *Business, personal and professional servicest and tax at $20 plus $.90 per $100 gross receipts. The adjusted rate compares ~ith RJchmond*s $30 plus $1.00 per $100 gross receipts, Lynchburg*s $20 plus $1.05 per $100 gross receipts and Norfolk*s $35 plus $,?0 per $100 gross receipts in excess of $3,000. ,;~32 An*ti*seers of Jewelry will continue to be separately clossified un~ taxed, being required to paF a license tax of iS00.1n addition.to their merchuatts.uud/or general uuotioneer°s license taxo whichever be upplloeble. (11) Automobile reamingt eec. (Old §40; new §26 The business of renting nat*mobiles for periods or less than six months Is presently taxed et $55 plus $2,20 per $100 gross'receipts and for periods exceeding s~x mouths et $55 plus , $°$5 per $100 gross receipts. The colmlttee proposes to upply t~e ten per cent general redu~tIo~ to each category and to further reduce the rnte on the less-than-six-months category to $1.00 per $100 gross receipts. The present rate of $2.20 per $100 gross receipts Is entirely out of line mith rates levied by other cities. The adjusted rate of $$0 plus $1.00 per $100 gross receipts compares with Rlchmond*s $300 per vehicle less thin ten and $20 per vehicle in excess of ten, Lynchburgts $20 plus $.35 per $100 gross receipts, and Norfolk*s $35 plus $°35 per $1OO gross,receipts. (12) Ant*mobile washino and ~olisblnq (Old §41; hem §62 The committee rerlsloa elJmJaotes the separate category for automobile washing and polishing inasmuch as this occupation is already covered under the general *Repair businesses, miscellaneous.* (13) Auninq and tent makers (Old §42; new §39 Persons engaged in the business cf contracting for the manu- facture of awnings and ten~s are presently taxed at $55 plus 11 cents per $100 gross receipts, and those mbo erect, repair and ta~e domn amnings for others presently pay a license tax of $55 plus $$ cents per $100 gross receipts. Those persons not located in the City but soliciting orders herein for the sale. manufacture and,repair of awnings and tent~ presently pay license tax of The committee propose~ to eliminate Section 42 as a separate category. As to those persons who manufacture awnings and tents. no tax will be imposed under the committee provision. Those mbo under the broad group of *Contractors and taxed at ~50 plus 15 cents per $100 gro~s receipts. Those mbo solicit orders for the sale of awnings and tents mill fall mithin other categories of the license ordinance as merchants or itinerants, as the case may be. (14) Barberinq schools, heaat~ culture schools (Old §44; new §2? Barbering and beauty culture schools ore presently taxed at $110. The committee proposes {o reclassify each trade under the broad *Schools* group and tax at $30 plus $,75 per $100 gross receipts, ~he adjusted rate compares with Richmoad*s $~0 plus $1.00 per $100 gross receipts, Lynehburgts $20 plus $.56 per'il00 gross receipts, and ~orfolkts flat $150. (15) BoardinghouSe directories or aqents (Old §49; ne~ §34 ) The separate category as to persons furnishing boardinghouse directories has been eliminated in the committee revision, all business directories of any type being combined under new section *Business direct,ri,st. (16) Book salesment magazine salesment aqents, etc. (Old §50; new ~66 ') Solicitors for sale of magazines and books are presently taxed ut $~.50 per month OF $12 if a license for the entire year is taken. The committee proposes to increase the rates of $7.50 and $50.00, respectively, tn order to cover administrative costs incurred In I.ssuing such licenses and collecting the tax therefrom. (17) Brokers, commission merchants, et'c, (Old §51; new §31 ) Stockbrokers and brokers dealing in options or futures are presently taxed at $55 plus $°55 per $100 gross receipts. Nholesale merchandise brokers, 'commission merchants, and grain dealers are presently taxed, at $55 plus $2.20 per $1,000 (($.22 per $100) gross commissions. The committee proposes to reclassify each occupation under the brand Canniness, personal ood professional services* group nnd tax ut,S20 pius,$.90 per $100 gross receipts. The adjusted rate compares with Richmond's $30 plus $1,00 per $100 gross receipts, Lynchburg's $20 plus $1,05 per $100 gross receipts. and Norfolh*s S35 plus S.TO per $100 gross receipts in excess or $3.000.. The committee ts nmnre,that the adjustment proposed means to these occupations of commission business n substantial meats will menu increase in tax to those trades concerned. But the committee has attempted tO mshe mbntever adjustment might application o! the business tax burden. The committee considers the present rites of 5,55 end $,22 per $1OO gross commissions to he low not only as coupnred with rates levied on commission ' businesses in other cities but also as compared with rates levied on other trades in this City, Because of this consideration the committee has made the adjustment proposed. (lO) Cleaning. dv~ina or ore~inq (Old §56; new §35 ) There has been no adjustment in tax rate (other than applica- tion of the general ten per cent reduction) on the trade of cleaning, dyeing or pressing, bat attention Is called to the fact that the provisions relatiqg hereto have hem been combined mlth the license tax provisions relating to laundries. (19) Cleaninq walls, windows, housest carpets, etc~ (Old §5?; new g36 ) The operation of a carpet cleaning establishment has been transferred from this section to the new laundry and dry cleaning section. The business of cleaning walls, utc** will be taxed under the committee revision at $50 plus 5.$0 per $100 gross receipts in excess of 55,000, (20) Contractors, builders, superintendents, etc. (Old §60; new 939 ) 'In ~he committee revision the occupation of tree surgeon has been transferred from the old 'Professional services' section to this section, The committee reviewed carefully the license tax rate imposed upon contract*Fi, Nith application of the general ten percent reduction, the rate has been reduced from $$5 plus 5,17 per 5100 gross receipts to 550 plus $.15 per $100 gross receipts. This adjusted rate compares math Richmond"a $30 plus $1.00 per 5100 gross amount of fees received from contracts accepted on a fee basis, and 5,15 per 5100'gross receipts from all contracts accepted on a basis other than a fee basis; LynchburgOs $20 plus 5,35 per 5100 up to 5200,000, plus $.14 per 5100 gross receipts of next 5800,000, plus $.07 per $100 9ross receipts over 51.0000000; and Norfolkts $35 pies $1.15 per 5100 gross ameant of fees received from contracts accepted on a fee basis, and 5.18 per $1OO gross rece,ipts f:om all contracts accepted on a basis other than fee basis up to 5500,000. math en additional $.01 per $100 gross receipts on such contracts in excess of $500.000, The committee considers the adjusted rate, as compared with the rates imposed upon the same occupation in other cities of the State and with the rates imposed on other businesses within the City, to do Justice and equity to the City contractor. (21) Dancing Schools (Old §65; new §41 , ) Persons conducting dancing soho*In are presently taxed at 525 plus 5.55 per ~100 gross receipts. The committee proposes to reclassify this occupation under the new *Schools* heading and tax at $30 plus 5,75 per 5100 gross receipts, The adjusted rate compares with Bichmondts 530 plus 51.OO per $100'gross receipts, Lycchburg*s 520 plus 5.$6, per 5100 gross receipts, and Norfolh*s 535 plus 5,?O per 5100 gross receipts in excess of 53,000. (22) Detective aq~ncies and watchmen (Old §67; new §31 ) Detective agencies are presently taxed at $55 plus $.55 per $100 gross r~ceip~s. . The committee proposes to reclassify this occupation under the broad 'Business, personal and professional services* and tax at $20 plus $.90 per $100 gross receipts, The adjusted rate compares with Richmond's $1OO, Lycnbarg*s $40, and Norfolkts 560 to 5125. The committee Is amere.that the adjusted rate proposed represents on increase end is in excess or,the rotes imposed by the other cities compared. It is believed, homevero that classification of the detective **capetian cnder the business° p~rsoaal and professional services, mlth its substantial rate cf license tax, alii serve to maintain the higkquollW of persons practicing this trade uhlcb Room*he nam enjoys. (23) £naravino. llthoarsDhino, etc. (Old §69~ neu Section 69 of the present license,tax code ls · broad pro- vision covering persons engaged in the business of engraving, embossing, printing, bookbinding, etc. and imposes · license t*x of $55 plus 55 cents per $100:gress receipts., In addition to this brosd~sectinn,.there ere several other sections relating to allied trades imposing n gross receipts tax on the some basis above mentioned, The committee proposal eliminates the other separate classifications in view of the broad terms of the present sectS*no The proposal also eliminates separate classification of Job printing, nhich is now taxed at 11 cents per $100 gross receipts. The comoittee is seehing tn promote equity end uniformity by eliminating the various classi- fications of these like businesses and providing for a single Under the committee revision, a printer, lithographer, engraver, etc., mill be taxed at $50 plus 25 cents per $100 gross receipts. 124) G~rages an~ parhin~ lots (O~d §?2; new §44 ) Operators of parking lots and garages presently pay a license tax of $30 plus $1.10 for each stall or space in excess of five. The commit~e'e proposes to adjust the rate o£ tax by placing this trade on a gross receipts basis and taxing aL $1.00 per space plus $.50 per $100 gross receipts. The adjusted rate compares with Richmond*s $30 plus $.38 per $100 gross receipts, Lynchburg"s $20 plus $.35 per $100 gross receipts, and Norfolk!s $35 plus $.35 per $100 gross receipts in excess of $3,000. It is noted that the adjusted rate exceeds that imposed by the cities compared. Xt is further noted, however, that in the case of each city compared, the rate is the same as that imposed upon retail merchants in the city. Similar results are here attained and the committee considers the proposed rate to be equitable ~nder the circumstances. (2~) Hotels, motels, motor courts, boardinq houses, lodqinq houses and tourist homes (Old 9?4; new 946 ) At present operators of hotels, utc.; pay a base tax mhich varies according to the number of rooms, plus $.55 per $100 gross receipt, s. The committee proposes to have a single base of $50, regard- less of number of rooms, plus $.50 per $100 gross receipts, but exempting nay establishment having less than ten rental rooms. ~stablishmeots (New 961 ) The ~ommittee proposes this new provision which mill levy a license tax for the privilege of engaging in the business of renting of houses, apartments or commercial property in the city. The committee is aware of the impact ~hich this provision sill have upon those renting commercial and residential buildings. The provision is recommended because of the committee*s con- sideration that all businesses of the City should pay tax for the privilege of doing business ~ithin the City. Under the present license tax code, those persons operating.hotels, motels motor courts, boarding houses, lodging houses and tourist homes are required to pay license tax; those who rent,apartment and com- mercial properties are not. This inequity is no~ Justified and hence the proposal is made to include rental of houses, apartments Under the committee proposal° any person, who, as principal engages in the business of renting houses, apartments or commercial establishments and who receives gross receipts from such business :35 in excess of $2,000 shell pay u Tlnlmum annual license*tax of $20,plns 50 cents per $100 gross receipts in excess er $2,000. The committne recommends the $2,000 exemption in.order to exclude from the operation of the provision those persona mbo do ,not eagsge In any substantial business. Thus the retired person, or the mldoT, Tko rents dTelling lints for limited supplemental income mill be exeupled from operntioa of this pr*vision. (27) Ice dealers (Old §?5; net §$1 ) The committee proposes to eliminate this separate classi- fication la vlem of the fact that the occupation of selling -ice falls mlthln the broad classification of *Retail merchantst (28) Interior decorators (Old §76; hem Interior decorators are nam taxed at $55 plus $.55 per $100 gross receipts. Under the committeets revision, this occupation is eliminated as a separate category nnd reclassified according to the nature of operation of the particular interior decorator. If he prac- tices his trade as, or through the employ of, a merchant, the gross receipts received from this trade will be included among and taxed together with other receipts received by him ns a merchant. If. on the other hand, he Is not licensed as a merchant, he will fall into end be taxed under *Business, personal and professional services** The merchant*s tax will be at $50 plus $.50 per $100 gross receipts and the business, personal and professional service tax at $20 plus $.90 per $100 gross receipts. (29) Laundries~ linen and towel supply companies (Old §80; new ~35 ) The only major adjustment here made is to place laundry and dry cleaning establishments under the same classification. (30) Letter mritlno and ohotouranhic convinq (Old §81; nam 958 ) This classification bas been eliminated and lnclnded in the broad group of those persons engaged In the business of engraving, printing, photostating, etc. See page 16 of this report above. (31)'~eddlerst vendors (retail) (Old ~92; new §55 ) Street salesmen are presently taxed at $6.00 per Meek. provided that faf religions and charitable causes the privilege of street sales shall be granted by the city manager without tax. The committee revision eliminates the exception provided for religious and charitable causes. (32) Photostatinu establishments, etc. (Old §93; new §58 ) This classification has been eliminated and included in the broad group of those persons engaged in the business of engraving, printing, photostating, etc.-See page 16 of this report above. (33) Printinq, Job (01d §94; new §58 ) This classification has been eliminated and included in the broad group of those persons engaged in the business of engraving. printing, photostating, etc. See page 16 of this report above. (34) Professional services (Old §gS; new §31) Major adjustments have been made in this classification of persons engaged in business, personal and professional services. being specifically: (al Broad*ainu of classification. The title of the nam section has been changed from *Professional services* to *Business, personal and professional services~* The purpose of the change has been to include all allied service-type occupations under one broad heading. There have been added to the section the occupations of adjusters, claim and collection agencies, advertising agencies, labor agents, manufacturers~ agents, real estate agencies, alarm or detector service, auctioneers and common criers, stock brokers. commission merchants, options or futures brokers, merchandise brokers, grain dealers, homepathists, metallurgists, efficiency experts, anesthetists, interior dec,raters oat.,thermate licensed, title plants, real estate cpproisers not otherwise licensed, marriage couotelors,.fornishiog dementia, clerical, etc,; labor or employmento ticket sellers, end truvel agencies, Certain of the above services alii be oemly licensed oad taxed, others have been Jailed au the basis of reclassification from forme~, seperote seetlous, Those services sealy licensed and taxed should pay their fair share of the business tax burden, Just as their like kind do In other cities and their fellom occupations In this City, As to those services who have been Joined au the basis of reclassification, the committee dis- cussed each reclassification made under the heading or the particular business, personal or professional service effected, The reclassification compares mJtk similar classification of services aeder · single or several broad headings made in license tax codes in other cities, The reclassification results in the case of each occupation affected, us shams in the dis- cussion of the specific occupation, in Imposition of a license tax rate that compares favorably with the Fates imposed on the same occupation in other cities of the State, (b) Ad.lustment In rate. At present, professional services are taxed at $20 plus 91,la per $100 gross receipts in excess or 94,000, The committee proposes to eliminate the 94,000 exemption end tax at 920 plus $.90 per 9100 gross receipts. The committee considers the 94,000 exemp(lon to be a source of inequity in the present license tam code. The exemption is given to'service occupations, and to no otherso It permits larger professional firms to allocate the exemption in a manner unfair to smaller concerns. The committee is aware that certain beginning practitioners will not, or barely, make 94,000; on these persons the adjustment mill impose a severe burden, The burden, however, mill be no more severe than that imposed, say, on the particular filling statics operator, who pays.his tax on total gross receipts, without exemption, but finds himself going out of business. The adjusted rate of $20 plus $.90 per $100 gross receipts will not give the professiunal person the same ten per cent reduction in tax which the committee revision grants to most of the other occupations of the City. In some cases the adjusted rate mill mean a slight decrease, ia some approxl= mately the same tax, and in others a slight increase, depending upon the particular profession and the amount of gross receipts, The committee has not extended the general ten per cent reduction to the business, personal and professional service group because of its opinion that the professional person is equitably taxed under present rates, This is so whether comparison be made of the rates Imposed on other occupations in the City or of the rates imposed upon professionals in other cities. Unlike the merchant in Roanoke, the professional has not been exorbitantl~ taxed. The adjusted rate proposed by the committee will place the business, personal and professional service man on par with his competitors throughout the State, The adJasted rate of $20 plus 9.90 per 9100 gross receipts compares with Richmond*s $90 plus $1.00 per 91OO gross receipts, Lynchburges 920 plus 91.05 per $1OO, and Norfolk's 935 plus 9,?0 pe~ 9100 gross receipts in excess of $3,000. (c) Elimination of individual licenses when business or ~ro£essfon conducted on firm basis. Under the provisions of 96 of the present license tax code, when the business or~pro- russian is conducted by a corporation, firm or partnership, the officers or members of which derive their entire income through the gross receipts of such corporation, firm or partnership, a single City license may be issued to the corporation, firm or partnership, or. at their election, the practitioners within the corporation, firm or partnership may take out Individual City The committee proposes to eliminate the election as to indlvJdoal. City licenses where the business or profession is conducted on an entity basis, The proposal is made in order to permit simpler administration of this section by the commissioner of the revenue, It is difficult to verify gross receipts reported under the present method whereby Individuals within the entity may obtain separate'licenses. Also~ there is apparently a difference of opinion as to what must be included in the grOSS receipts so reported, g~quirement of the license to be'issued to the entity, to be based.up6n the gross.receipts of t~e entity, should serve to 37¸ remove eny doubt that the section Intends the term tgross receipts° to Include nil income mhutsoever gromlng oat or the eotityet trode, business or professloo, T~e ~ommittee' desires to emphosize its erfurt'to impose on those etgoged in business, personol and professloosl service · shore of the business tax thom is fair and Just In every respect, The committee has been impressed with the appeal for relief made to it by earnest representatives of professional occupations. The oppeol has not only urged the existence of on excessive rate on the professional but attached the underlying basis of .the tax Os being unfair and invalid, The figures cited in a preceding paragraph reflect that the Roanoke rate Of aox.is not excessive mhen compared with those imposed on professionals in other .cities, nor is it excessive mhen compared with the rate.of ~ox levied on merchants and other occupations within the City. Rhlle the rate on professionals may be substantially higher than that on merchants, the proresslonol does not have the great portion of his gross receipts expended for merchandise for resale, as does the merchant, and his percentage of net profit to gross receipt is much higher. Rore disturbing is the objection, raised only by repre- sentatives of professional occupations, that the underlying basis of the tax--using gross receipts as a measure--is invalid and unjust. The committee is satisfied as lo the validity of · gross receipts license tax. Not only is its validity well established, but the method itself is employed by other cities throughout the State. In 1963, of the thirty-four cities surveyed mbo impose license tax on the professional, all but three--Bristol, Franklin and Radford--based their taxes on the gross receipts principle. The committee also believes the gross receipts tax to be as equitable as any license tax con be under the circumstances. This is not to soy that the tax is perfect. Far from being completely equitable, it is nevertheless the most Just measure under the circumstances. Certainly there is no equity in the flat. equal charge imposed alike upon the small individual barely making livelihood and the large firm with livelihood many times over. A license tax based on net receipts would, of COUrSe, be the most equitable tax possible, but enactment of such a tax at city level is clearly prohibited by sta4e law. The gross receiptb tax Is indeed imperfect but until and unless a more equitable method of imposing license tax can be found, the committee sees no choice but to continue use of gross receipts as the measure of tax. (35) Public dancing (Old '§39j uaw §41 )' The committee proposes to withdraw public dancing from the present license tax code provision relating to amusements and to devote a nam, separate section to public dancing. The new section requires the applicant for license to obtain a permit from the superintendent of police. Other cities, Such as Richmond and Lynchburg, similarly require a permit os a pre- requisite to conducting public dancing. If, after issue of license, the place of public dancing is thereafter operated in a disorderly manner, the permit shall be revohed and the license cancelled. It is noted that a license shall be required whenever compensation is derived, regardless of the form which it might take. The rate for conducting public dancing shall be $150 plus $.75 per $100 gross receipts, on annual basis, and $50 per day, if the license be taken on a daily basis. (35) Reoair businesses, miscellaneous (Old §99; new §62 ) To the repair businesses, miscellaneous, have been added automobile washing or polishing and shoe repairing, with no adjustment In rate (except for application Of the general ten pa( cent reduction). (37) Schools, utc, (Old §101; new §63 ) In the committee revision, schools of all type have been gathered together under a single heading, to be taxed at $30 plus $.75 per $100 gross receipts. 38 It is noted that lnsofor ns business schools are concerned the adjusted rate represents npplicotion o! the general tel per cent reduction iL the rate or. tan Imposed per $100 gross receipts, eonstituticg n reduction from $,83 to $.?$, The couittee hms been obly nnd eorcestly urged by business school representatives to reduce the rntc further, to the equivalency of the rate Imposed ua merchants of the City. The committee bus higher rate. em the basis that schools should be taxed at the services. Other members inclined tomard the lower rate requested, After thorough study, the committee onnninodsly determined upon the adjusted rate of $30 plus S.75 per. S100 ross receipts, The adjusted rate compares math Richmond's 30 plus $1.00 per $100 gross receipts, Lynchburgts $20 plus $.S6 per $100 gross receipts, and Norfolits $35 plus $.?0 per $100 gross receipts in execs? of $30000. (38) Shoe repnlrlnm (Old §102~ hem §62 ) The special classification of shoe,repairing has been eliminated and this occupation transferred to °Repair businesses, miscellaneous' with no major adjustment in rate (other than applicntioo of the general ten per cent reduction), (39) Coin machines: coin machine operators (Old §104; nam §38 In addition to certain minor adjustments made in rates, the committee has revised the provision pertaining to coin machines so that it mill expressly provide that the merchant who Includes fn his license tax base receipts from a vending machine owned by him and located on his premises will not be required to take oat a specific coin machine license to cover such vendin9 machine. (40) Storaqe (Old §116; new §67 ) Into the section relating to storage business have been added the provisions of present Section 5g relating to cold storage and the business of packing, processing, butchering, eta., commodities, there being no major adjustment in rate except for the application of the general ten per cent reduction. (41).Tailors (Old §107; new §62 ) · The separate category for tailors has been eliminated in the committee revision. Tailors who sell clothing goods will fall within *Retail merchants* and those who repair garments within 'Repair basin.sst miscellaneous'. ~o adjustment in rate has been made except to apply the general ten per cent reduction. (42) .Ticket sellers (and travel agencies) (Old §ILO; new §31 Tichet sellers and travel agencies are presently taxed at plus $.55 per $100 gross receipts. The committee proposes to reclassify both occupations under the broad *Business. personal and professional metric,s* sad to tax at $20 plus $.90 per. $100 gross receipts. The adjusted rate compares math Richmond's $30 plus $1.00 per $100 gross receipts and Norfolhts $35 plus $.35 per $100 gross receipts in excess of $3,000. (43) Tobacco, snuff or ciqar dealers (retailers) (Old §112) Under the present license tax code retailer dealers in tobacco, snuff or cigars are required to pay a specific tax of $10 In addition to the regular merchant's license tax required to be paid bY them. The committee sees no regulartory need now existing for the additional $10 tax burden and recommends its elimination. (44) Tradin~ stamos, coupons, utc? (Old §liS;shew §71) Persons engaged in the business o£ furnishing trading stamps are presently taxed at $55 plus $.83 per $100 gross receipts, The Committee proposes to increase the rate levied on this occupation to $20 plus*$.90 per $100 gross receipts, being the services* by the proposed ordinance. The adjusted rate of $20 plus ~.90 per $100 gross receipts compares with Sorfolk!s $300 plus~.35 per $100 gross receipts in excess of $50.000. (D) Adm~aistrative Changes The committee has.reviewed, and made substantlel changes in sentlols I to 29, inclusive, or the present license rex code, being the administrative provisions thereof, This report mill not here attempt to cover every edmlnlstretive ehsnge so made In the committee revision, Sections I to 20 of the uttsched ordinance may be consulted for details as to revision, Suffice it here to summarize the revisions made, (1) Rilmluetion or ~eveutv-five cents city fee Section 21 of the present license tax code requires the commis'slonev of the revenue to assess for each license issued by him u fee or seventy-five cents, to be paid by the person to whom the license is issued, The committee recommends the elimination of this charge, The fee was Initially imposed in order to defray the adminis- trative cost incurred In the issuance of a license, Ia practice, however, assessment or the fee has not defrayed administrative cost and has tended to create an administrative burden, In January each year a good many businessmen prefer to mail their applications for state and city licenses, The seventy-five cent city fee is commonly omitted from the payment which accompanies the application, The commissioner's office must hold the deficient application and payment and contact the applicant, Only after the fee has been recovered may the commissioner complete his processing of the application and Issuance of the license. The fee once collected does not Justify the time and effort expended for collection nor the resulting delay in processing, More important, however, in the opinion Of the committee, is the need to eliminate the fee as being au unjust charge to the applicant for license tax. The applicant pays in full for the privilege of his license mhen he pays the tax assessed therefoF, NO additional charge is required, noF can it be Justified, The committee estimates the loss in revenue from elimination of the fee to be approximately $3,000, This loss is taken into con- sideration in the comnitteets estimate of net revenue adjustment resulting from the committee revision, set forth on page 3 above, (2) TransfeF of license . Section 16 of the present license tax code provides for transfeFablllty of license upon complying with certain conditions, including the requirement that the business for which the license was issued has had a full yeaF of operation, The committee re~ision permits broader transfer privileges, including elimination of the one-year opera~ion prerequisite. (3) Clarification of duties and powers SectiPn 12 of thepresent license tax code leaves some question as to the respective duties of the assessing and collecting officers. Revision has been made to clarify and separate the duties ~f these officials. Similarly, present Sections 10 and 16 have been revised in order to clarify the commissioneres power to make corrections of incorrectly reported volume and to correct and adjust estimates made with regard to beginners' licenses. (4) Penalty provisions Penalty provision~ are scattered among several separate administrative sections of the present license tax code. There provisions hare now been gathered together in the committee revision under new Section ? (5) Simplification The committee has made a number of changes for. purposes of simplification, R~petitlon has been eliminated, Provisions of no present application or need have been omitted, Related pro- visions have been consolidated. In short, the same action to abbreviate and simplify taken in revision of the substantive provisions has been taken with regard to the administrative provisions, Additional Matters Considered The herein interim report.concludes the committeefs atedy of the City license tax code, The.report weald not be complete without the following comments which are made with regard to areas considered by the committee bet es to which the committee has tahen no or only partial action, (1) Proration ~Y ~ioeuse tex It has been strongly urged epo~ the committee that.a general provision for proration o! license tax be reoostueeded by the committee, Such a provision mould be designed to afford tion or such a proration provision but ultimately decided against it. The committee is entirely sympathetic and is aware of the hardship that results to the individual involved, But the con- and in this situation feels that propratlon will create such administrative complexity as to do Injury to the public need, (2) Beqinnerts license . very profitable for the businessman, and once again the com- businessman based his 1964 license on the receipts of 1963. twice on his 1963 receipts, described were required by section 18 of the license tax code, his actual receipt, receipts for 1963. And be was required, as are all other of the entire preceding calender year (19&$), Just as he will a persmalbardshlp la the instant situation, apparently because of the busioessman*s profitable 1963, by and large they serve the taxpayer equitably, nad this the committee makes no recom- mendation for revision. (3) Charitable 'oraunizutions To the committee were referred requests made by n nnmber of,citizens for relief from license tax as to rummagq sales carried on by religious and charitable organizations. As a result, the committee has drafted section 24 in its proposed revision of the license tax code exempting such sales from the license provisions othermise applicable and imposing in lieu thereof a nominal tax of twenty dollars. It should be observed, however, th~ th~ exempting ~ec~lon Is limited in scope, restricting the rummage, antique or food sale sponsored by the local charitable organization to a period of one neck and providing for no note than one such sale during u single tax yeur. The limitations are necessary to prevent competition with business persons who engage In similar activities for livelihood and mbo pay the normal City license tax for that privilege. Rhile recognizing the need for the exemption the committee has not lost sight of this latter group, and thus recommends the limitations specified. (4) Continued study of business tax The initial recommendation of the committee has been the general ten per cent reduction in bosiness tax described in item A above. The reduction mas described as modest and the comment made that further reduction would be in order if per- mi*ted by the revenue needs of the City. The burden Imposed by the business tax bears continued study in the future. The study must relate not only to the revenue needs of the City but also to the fair and proper share of the total tax base to be borne by the license tax. The committee Is satisfied that its recommendations herein will in no way provide the license tax a sha~e of the total tax base that is less than fair and proper. Nor will a similar and further modest reduction ia the near future, when revenue needs persist. Rut emphasis is made that no study can be complete without consideration of the share of the business tax in the overall City t~x base and to this basic fact the committee respectfully calls attention for future studies, CONCLUSION This report is submitted October 22, 1964. The committee respectfully requests early consideration of the report to the end that enactment of revision, if any, may be made so as to be effective with the .license tax year commencing January 1, The committee recommends the adoption of the attached ordinance. Respectfully submitted, S~ Rv Vernon Hicks W. Vernon Hicks .. 5/ James £, Carr Janes £. CuFF S~ J, Robert Thomas J. Robert Thomas S! Charles R. Lescure Charles R. Lescure S/ Frank W, Rogers, Jr, Frank W. Rogers, Jr** Chairman Roanoke Tax Study Committee* Mr. Frank W. Rogers, Jr., Chairman'of the Roanoke Tax Study Committee, appeared before Council, 'along sith other members of the committee, to discuss the report. Mr. John #. Boswell spoie in appOsition'to the proposed revision of the license tax on real estate agents. '42 Mr, John M, Miller spohe in opposition to the proposal to levy a license ten on those engaging in the business of retting houses, epsrtments or mummer&lei estubllshments~ MFo Hiller pointing out that u number of businesses in the section own the belldings in mhich they operate mhile other businesses rent'their quarters, therefore, he fells to see hum the two cum be tsxed equally, It being his suggestion the* action on this tax be deferred until the reappraisal of reel estate bas been completed. Mr, Co #. Francis, Jr.~ called attention to the increase in the real estate tam rate n leu years~ago end Urged Council to.think a long time before it taxes real estate omners any farther. MFo Mheeler moved the* n public hearing on the report of the Tax Study Committee be held at 2 p.mee November 9, 1964. The motion nas seconded by Pollard and unnnimousl~ adopted. BUDGET-CITY AUDITOR: The Audit Committee submitted the folloulng report, recommending that Council authorize the City Auditor to employ an additional Senior Auditor at · salary of $6,000 per year: "October 26. 1964 The Council of the City of Roanohe Roanoke, Virginia Gentlemen: During the past year. your Audit Committee in working uith the City Anditor in the performance of audits of the various . city departments has concluded that the salary range for . auditors under the Gityes pay plan is inadequate to permit the Auditor to hire competent personnel and that his staff is also inadequate to permit proper auditing of the various city departments. Pending establishment of a Personnel Department and a re-survey of the Clty*s pay plan, your committee recom- mends that the Council authorize the City Auditor to employ an additional Senior Auditor at a salary of $6,000 per year. Respectfully submitted, S! Benton O. Dillard Benton Oo Dillard S/ Murray A. Stoller Murray Au Stoller $/ Roy R. Pollard. Ur.. Chairman' Mr. Pollard moved that Council concur in the recommendation of the committee and offered the £ollowing emergency Ordinance appropriating $1,000 to cover the salary of the additional Senior Auditor for the balance of the year: (ml~090) AN ORDINANCE to amend and reordain Section nlO, #Auditor** of the 1964 Appropriatiun Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Oook No. 27, page 382°) Mr. Pollard moved the adoption of the 'Ordinance. {he motion mas seconded by Mr. Stoller ~nd adopted by the follo~ieg votel AYES: Messrs. Garland, Jones, Pollard, Stoller, Hheeler and Mayor Dillard ......................... NAYS: None ................. Oo (Mr, Y~ung absent) UNFINISHED BUSIRESS: RATER DEPARTRF~IT: Council nt Its lust regular meetlnghaving deferred notion on t report of the City #annger advising that every erfurt is being made at the preseet time to heap the Inconvenience of .red mater to n minimum nnd that he does not suggest or recommend any change et this rise, the mutter mas again before the body. In,this connection, Hr. Joseph A. Brogan, Manager of the Rater Department appeared before Council for a discussion of the matter. After a discussion of the matter, Hr. Rheeler moved that the report of the City Haneger be filed. The motion mas seconded by Hr. Outland and unanimously adopted. In ansuer to n question from Hr. Jones math regard to determining the pressure in areas of the Rilliemson Road section which have complained of low water pressure, the City Hanager replied he has.not received any further complaints. RATER DEPARTMENT: Council at its last regular meeting having deferred action on a report of the City Manager transmitting recommendations of Alvord, Derdlck and Dons*n, Consulting Engineers, on iron and manganese removal and plant modifications of the Falling Creek Rater~Supply, the matter was again before the body. ~n this connection. Mr. Joseph A. Brogan, Manager of the Rater Department appeared before Council for a discussion of the matter. After a discussion of the matte~, Mr. Rheeler moved that the report of the City Manager be filed. The motion mas seconded by Mr. Pollard,and unanimously adopted. Mr. St*liar then moved that the question of increasing the Town of Vinton water rates to cover one-third of the annual increase in the cost of chemicals and additional equipment which will be required when the Falling Creek Plant is modtfie~ ia viem of the fact that Vinton receives approximately one-third of the Palling Creek Mater Supply, be referred to a committee composed of Ressrs. Vincent 5. Rheeler, Chairman, Arthur S. Owens, Randolph G. Rhittle, J. Robert Zhomas and J. A. Brogan in connection mith its study of the question of increasing water rates for large consumers outside of the corporate limits. The motion was seconded by Mr. Jones and unanimously adopted~ ZONXNG: Council at its last regular meeting having deferred action on a recommendation of the City Planning Commission that the request of Mr. Ralph A. Glasgow that property located on the southeast cur*er of Chapman Avenue and Thirteenth Street, S. #., described as the northern part of Lots 7 and 6, Block 31, Fo Rorer Map, Official Tax No. 1220301. be fez*ned from Special Residence District to Business District. be denied, the matter wes again before the body. It appearing that ir.. Glasgom has not indicated a desire to hold a public hearing on the matter, Mr. Pollard moved that the request for rezoning be denied. The motion was seconded by Mr. Garland and unanimously adopted. ¸-44 SENRRS AND STOR# DRAINS: Coancii having referred the drainnge problem connection mlth its consideration or the 1965 badger. Hr. Stoller moved that nc,ion mously adopted. In n discussion of the matter. Hr. Stoller explained that the Budget Commission hms omitted this Item from Its recommended.budget for 1965, that members of Council hove visited the aves and found that the condition is undermining the foundation of n house there. Mr. Stollev then moved that the City Manager be authorized to advertise for bids on the extension or the storm drain in Ninth Street. So E** to an existing storm drain between RoreR,ad Avenue and Morgan Avenue. The motion was seconded by Hr. Wheeler and unanimously adopted. CONSID£RATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No, 16027. rezonJng the easterly portion of a 35.325- acre tract of laod adjoining Melrose Avenue, Twenty-fourth Street and Salem Turnpike. N. W.. Official Tax No. 2420203. from General Residence District to Business District, having previously been before Council for its first reading, rea~ and laid over, pending completion of a survey being made of the strips of land to be donated to the city for street widening purposes, was again before the body. In this connection. Nv. John Q, Copenhaver. Attorney. representing Mrs. Susie G. Horton, appeared before Council and presented Plan No. 4878 and Plan No. 4878-A as prepared by the office of the City Engineer, showing the strips of land to be donated to the city for street widening purposes. Mr. RRm,let then offered the following Ordinance for its second reading and final adoption: (~16027) 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 371.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Stoller. Wheeler and Mayor Dillard ............................. NAYS: None ................. O. (Mr. Young absent) With further reference to the matter. Mr. Wheeler offered the following emergency Ordinance accepting the verbal offer of Mrs. Susie G. HDv,on to donate to the City of Roanoke for street widening purposes a 10-foot strip of land on the east side. of Twenty-fourth Street. N. W.. nortk of Salem Turnpike. as well as sufficient land on the north side of Salem Turnpike. N. #.. between Twenty-fourth Street and Twenty-ninth Street. to provide for an 80-foot street: 4¸5 (~16091) AN OgDINANCB ecceptlxg the uarbal offer of (Mrso).Sesie Dortoc to d,acta to tho City of Roanoke certain reel estate; directing the Director of Pablic Dorks to cause.necessary aarvcys.to be madel directing the City Att,racy to prepare the proper deeds of conveyance; expressing this Coaacll*s appreciation unto Mrs. H,Eton for her generoslty~ and providing for an emergency. ,(For rail text of Ordinance, see,Ordinance Book No, 2Y, page 3B2.) Hr. Wheeler moved the adoption of the Ordinance. .The motion mas seconded by Hr, St,lief and adopted by the following vote: AYES: Bessrs,.Oarlcad, Jones, F, linEd, Stoller,~heeler and Dillard .............................. NAYS: None ................. 0o. (Ry. Y,aug absent) EASERENTS-GASOLINE-SP£CIAL PERMITS: Ordinance No. 16073, permitting Plcntation Pipeline Company to constrnct, maiotain and operate an O 5/8 inch steel petrolenw products pipeline under, along and across the southerly portico of a tract of land recently acquired by the City of Roanoke frou Mrs. Clara £o Buck for the Bill Rountain - Bloc Ridge Par~may Spar and Recreational Area ~ro~ect, upon certain terns and conditions, having previousl~ been before Council for its first reading, read and laid over, was again before the body~ ~r. St,Ilar offering.t~e .following for its second reading and final.adoption: (u16073) AN ORDINA~C£ to permit Plantation ~lpe Line Company to construc wuintoin and operate an 8 5/0 inch steel petroleum products pipeline on certain property of the Glty located in Roanoke Connty. ¥1rginia, upon certain terms and conditions, (For.full text of Ordinance, see Ordinance Book No. 27, page ~72.) RE. St,lieF moved the adoption of the Ordinance, The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Ressrs, Garland, Jones, F, Il,rd, St,lieF, Nheeler and Bayor Di~la£d ............................ 6. NATS: None ................. O. (Br. Young absent) EASER~NTS-BASOLINE-SPECIAL P£RRITS: Ordinance ~o, 16074, permitting Bumble Oil ~ Refining Company to construct, maintain and operate one 6-inch under- ground gasollne~pipeline under and across Ninth Street, N. E,, upon certain terms and conditions, having previously been before Council for its first reading, read and laid over, was again before the body, RE. St,lieF offering the following.fOr its second reading and final adoption: (u16074) AN ORDINANCE to permit Humble Oil ~ Refining Company to construct, maintain and operate one (1) 6-inch underground gasoline.pipeline under and across 9th Street, NDE,, upon certain terms and conditions; and repealing Resolution No, 15937 relating to the installation of three (3) certain underground facilities under said street. (For full text of Ordinance. see Ordinance Book No. 27, page 3?3,) #to Stoller moved the edoption or the Ordieence, The motion wes secoeded by Hr, Rheeler end edopted by the folloming vote: AYES: Messrs, Carload, Jones, Pollard, Stolle£, Wheeler end Mayor Dillard .............................. 6, NAYS: None ................. O. (Mr. Young absent) COUNCIL; Ordinance No, 16080, amending and reordainJng Role 1, Section 2, Chapter 4, Title II, of The Code of the City of Roanoke, 1956, to provide tkat the regular night meetings of Council shall he automatically adjourned at 11 unless n motion be made,.seconded.and unanimonsly.cerried,.that said meetings continue, having previously been before Council for its first reading, read and laid over, mas again before the body. Rr. Jones offering the following for its second reading end final adoption: (#16080) AN ORDINANCE amending.and reordainJng Rule I of Section 2. Chapter 4, of Title IX of The Code of the City of Roanoke, 1956, as emended, relating to regular meetings of the City Council. . (For foil text of Ordinance, see Ordinance Book No. 27. page Hr. Jones moved the adoption of the Ordinance. The motion wes seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs, Jones. Pollard, Stoller and Mayor Dillard ...............4, NAYS: Messrs. Garland and Wheeler .....................................2, (Mr. Young absent) BUDGET-PAT PLAN; Council having directed the City Attorney to prepare the proper measure aothorizing the City Manager to fill certain vacancies in vorio~smunicipal,departments since they are,of an emergency nature, he presented same. Mr. Nheeler moved that the draft of Resolution be amended to include one Senior Auditor as approved by Council earlier during the meeting. The motion was seconded by Mr. Stoller and unanimously adopted. Mr. Pollard then offered the follouing Resolution as amended: (n16092) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full textof.Resolutlon, see Resolution Book Ho, 27, page Mr. Pollard moved the odoption of the Resolution. The motion was second, by Hr. Stoller and sdopted by the following vote: AYES: Messrs. Garland. Jones, Pollard. Stoller. #heeler and Rayor Dillard .............................. NAYS: None ................. O. (Rr. Young absent) STATE HIGHWAYS-BRIDGES: Council having directed the City Attorney to prepare the proper measure agreeing to bear one-half of the cost of constructing a bridge over Mud Lick Creek in order to extend Edgemood Streett S. R., to Mud Lick Road, in Roanoke.County. in a total estimated amount of $20.000, he presented same; ,hereupon. Hr, Wheeler offered the following Resolution: ¸47 (~16093) A RESOLUTION ·dvlsing the Department of Xlghmays of the Cemmonmeelth of ¥1rglnl· of the City% willingness to skate the cost at · structure over Ned Lick Greek oaa 50-50 (For full text of Eesolatiou, see gem*IntRon Doth No, 2?, page 384°) Mr, Rheeler moved the ·doption of thc EesolntiOOo Thc motion mas secosde~ by Hr, Pollard ned a~opted by the follemieg vote: AYES: Messrs. Garland, Jones, Pollard, St*lief, Nheeler and N·yor Dill·rd ............................. NATS: None ..................O. (Hr, Young absent) STATE HIDNRATS: Council h·ving directed the City Attorney to prep·re the proper measure authorizing the employment of the appraisers, the negotiator and the attorney to assist'in the acquisition of right of way for the Route 24 project, he presented same; whereupon. Hr, Nheeler offered the following Resolution: (m16094) A RESOLUTION concurring in the approval by the Commonwealth of Virginia of the employment of the appraisers, the negotiator and the attorney to assist In the acquisition of the right of way on Route 24, Project 0024-126-101, R~-201. (For full text of Resolution, see Resolution Book No, 2T, page Hr. ~heeler moved the adoption of the Resolution, The motion was seconde~ by Hr. St*lieF and adopted by the following vote: AYES: Nessrs. Garland, Jones, Pollard, St*Ilar, Wheeler and Mayor Dillard ............................... NAYS: None ................. O, (Mr. Young absent) LANDMARKS-LXRRARIES-CITY COVERNMENT: Council having directed the City Attorney to prepare the pre;er measure accepting the revised bid of the Alan L. Amos Wrecking Company for the demolition and removal of the old library building in Elmwood Park for the sum of SgO0, he presented same; whereupon. Mr. Pollard offered the following Eesolution: (~16095) A EESOLUTION accepting the bid of Alan L. Amos Wrecking Company for the demolition and removal of the old library building in Elmwood Park for the sum of ~900. (For full text of Resolution, see ResoXntion. Book No. 27, page 385.} Mr. Poilard moved the adoption of the Resolution. The motion was secondec by Hr. Jones and adopted by the following vote: AYES: Hessrs. Garland, Jones, PolXard, Stoller, Wheeler and Mayor Dillard ........... ~ .................. NAYS: None ................ O. (Mr. Young absent) . Mr. Rheeler then offered the following emergency Ordinance appropriating $900: (n16096) AN ORDINANCE to amend and reordaln Section n88, *Maintenance of City Property** of the 1964 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Dook No. 27, page 385,) Mr. Mheeler moved the adoption of the Ordinance. The m,rio, wes seconded by Hr. Jones and adopted by the following vote: AYES: Messrs. Carl,nd, J~nes. Pollard, St,lief, Nheeler and Mayor Dillard .......~ ...................... NAYS: None--~ .............. O. (Mr. Young absent) ACTS OF ACENO~iLEDGMENT-STATE HIGHWAYS: Mr. Jones pointed nut that Mr. J. £. Johnson has recently retire~ as Urbe~ Engineer for the ¥irgln~o Departuent of Highways and offered the following Resolution expressing the appreciation of Council for the valuable assistance rendered the City of R,mn,he by Mr. Johnson regarding its highway problems: (~16097) A RESOLUTION expressing appreciation to J. E. Johnson for the .assistance he rendered this City while State Urban Engineer. (For fell text of Resolution. see Resolution Book No. 27, page 386.) Mr. Jones n,red the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs..Garland. Jones. Pollard. Stoller. Wheeler and Mayor Dillard ................................ NAYS:. None .................. O. (Mr. Y,an9 absent) MOTIONS AND MISCELLANEOUS BUSINESS: NONE. Oa motion of Mr. Pollard. seconded bi Mr. Jones and onaoimoesly adopted. the meeting was adjourned. APPROVED ATYEST: / City Clerk Mayor ;49 COUNCIL, REGULAR BEETINO, Bondey, November 2, 1964, The Council of the City of Roanoke wet in regular meeting in the Council Chamber ia the Municipal Building, Monday, November 2, 1964, at 7:30 p.w** ~lth Huyor Dillard presiding, PRESENT: Councllwen Robert A, Garland, Roy R. Pollard, Sr, o Murray A. Stoller, Vincent S, Mheeler and Mayor Benton O, Bill~rd ......................... ABSENT: Councilmen Janes E, Jones and Mai*er L. Young .................2. OFFICERS PRESENT: Mr, Arthur S, Owens, City Manager, Mr. James N, Kiuconnn, Assistant City Attorney, and Mr. J, Robert Thomas, City Auditor. INVOCATIOH: The meeting was opened wi*ha prayer by the Reverend A. Byron Bolderby. Jro, Pastor, St. John Lutheran Church. HINUTES: Copy of the minutes of the regular meeting held on Monday, October lg. 1964, having been furnished each member of Council, on motion of Mr. Stoller, seconded by Hr. ~heeler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded, BEARING OF CITIZENS UPON PUBLIC HATTERS: ZONING: Council having previously set a public hearin9 for 7:30 Bonday, November 2, 1964, on the request of Mr. N, Price Fields. that a 1.39-acre tract of land located on the east side of Cove Road, N. N., south of Bershberger Road, designated as Official Tax No, 2480143, 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: 'September 17. 1964 Th~ Honorable ~enton O, Dillard, Bayor, and Members of City Council, Roanoke, Virginia In its regular meeting of September 16, 1964,the City Planning Commission considered this fez*ming request. It was learned that Br. Fields is planning to develop this property for commercial After study of the problems involved, the Planning Commission arrived at the opinion that it would be feasible to rezone this property since it is located adjacent to a business zone on one side and is fur enough removed from the residential subdivision of Swarthmore Place. It is, therefore, assumed that business development would not adversely affect the residential character of the area, The Planning Commission, therefore, recommends to City Council that the above cited property be rezoced from General Residence Very truly yours, S/ #erner £. Sensbach for Henry B. Boynton Chairman# Mr~ John H. Eennett~ Jr~ Attorney, r~presenting the'petitioner, appeare¢ before Council In support of the request of his client, Mr. Kennett explaining that 5O 'the only way. Mr** Fields can develop the lind he owns ia the area for business 'purpoSes is to ha~e sufficient land rezoaed for additional parking space, Hr, Carl H, Kessler, owner of property surrounding the land owned by ]ir, Fields, appeared before Council end stated that it depends upon the type of bnslness'~o be operote~ on the trnct or ~und as to whether or not he would be opposed to the rezoning, Mr~ Har~ey L. Gross, 3214 Cove Road, N, W** contorted Math Mr, Kessler, Hr, Roy C, #axey, 3226 Cove Road. N, M,, advised that he ls not ~ppesed to the proposed rezoning, After a discussion of the matter, Hr. Po~lard voicing the opinion that Mr, Kessler is due consideration because his property completely surrounds the land owned by Mr, Fields, but since Mr, Kessler will not state definitely whether he is opposed to or la fayor of the proposed rezonieg be is prepared to'vote for the ~equest for rezoning, Wro Stoller moved that Council concur in the recommenda- tion of the City Planning Commission and that the following Ordinance be placed upon its first reading: (a16098) AN ORDINANCE to amend and reenact Title X¥, Chapter 4, Section 1, of The Code of the City of Roanoke, lg$6, in relation to Zoning, RREREAS, application has been made to the Council of the City of Roanoke to have 1.39 acre tract of land located on the east side of Core Road, Northwest, and the south side of R~rshberger Road, Northwest, and designated as Official Tax No. 2480143 on the tax maps in the office of the City Engineer of the City of' Roanoke, rezoned from General Residence District to ~usiness District; and WHEREAS, the City Planning Commission has recommended that the hereinafte] described land be rezoned from General Residence District to Business District; and WHEREAS, notice required by Title XV, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating t~ Zoning, has been published in 'The Roanok~ ~orld-News,' a newspaper published in the City of Roanoke, for tie time required by said section; and WHEREAS, the hearing as proyided for In said notice was held on the 2nd day of November, 1964, at ?:30 p.m., before the Council of the City o~ 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 ~DEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be renamed. THEREFORE, BE IT ORGAXNED by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1. of The Code of the City-of Roanoke, lg56, relating to Zoning, be amended and reenacted in the following partic~lar and no other, viz.: Property located on Cove Road, Northwest, and Bershberger Road, Northwest described as 1.39 acre, designated on Sheet No. 248 of the Zoning Map as Official Tax No. 2480143, be, and is hereby, changed from 6eneral Residence District to ~nsiness District and the Zoning Map shall be changed in this respect. The wotJol un, seconded by Er, Pollard end cdopted by the foil*ming vote: AYES: Ne,mrs, Gnrlcnd,.Pollsrd, St*lief, gheeler and Nsyor Dillard .... NAYS: Nose ........................................... ' ............. O, (Messrs. Jones end Young ob,eat) PETITIONS AND COMMUNICATIONS: PLUMUIN6 CODE: A communication from the Tyler Pipe & Foundry Company, reqnestlag that Section 12o, Chapter 3, Title Er, of The Code or the City of Roan,he, 1956, providing that cast iron Joints used in plumbing shall be either caulked or screwed Jbints, be amended to permit the Ty-Seal Gasket os equal to lead and oakum caulking for Joining cast iron soil.pipe and fittings, was.before Council. It appearing that a previous request of the Western Virginia Plumbing and Heating Contractors Association that the City Code be amended to permit the No Hub Joint for cast Iron soil pipe' and fittings has been referred to the Board~of Plumber Examiners composed of Messrs. J. O. Waddle. Sr.o Chairman, R. T. Pittnan and D. M. Simpson for study, report and recommendation, Mr. St*liar moved that the request of the Tyler Pipe and Foundry Company be referred to the Board of Plumber Examiners for study, report and recommendation in connection with its study of the previous request Of the Western Virginia Plumbing.and Beating Contractors Association. The motion was seconded by Br. ~Wheeler and unanimously adopted. SIDEWALK. CURB AND GBTTEB: A communication from Br~. Frances B. Bock. complaining of a fall on the brick sidewalk on the east side of First Street, between Luck Avenue and Franklin Road, and requesting that .this section be replaced with a concrete sidewalk before someone is seriously hurt, was before Council. Council having referred the matter of replacing brick sidewalks in the downtown area with concrete sidewalks to the Budget Commission In connection with its consideration of the 1965,budget, and the City Banager advising that the Budget Commission has omitted this item from its proposed budget for 1965, Mr. Pollard moved that the complaint of Mrs. Bock be referred to the City Banager for study and report to Council. The motion was seconded by Mr. Garland and unani- mously adopted. REPORTS OF OFFICERS: BUDGET-PLANNING: The City Manager submitted a written report, recommendil that $75 be appropriated to Printing and Office Supplies under Section ~130, *Planning Commission,* of the 1964 budget, to cover the cost of publishing a notice of a public bearing, as well as anticipated expenses for the remainder cf the year. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~16099) AN ORDINANCE to amend and reordain Section alSO, WPlanning Commission,* of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 386.) 52 Mr, Pollard moved the od,priori o! the Ordiocece, The motion mas seconded by Mr. Mheeler nnd od,pied by t~e follom~ng vote:. AYES: Messrs, Garland, Pollcrde St,lief, Mheeler nnd Mayor Dillcrd ....5, MAIS: None ........................................................... O, (iessrs, Jones tad Young cbsemt) BUDGET-CITY MARKETS The City Homager submitted · uti*tam report, advisinl that due to the meighlng of more l,ads on the city sc,les than hud been nnticipoted nn appropriation of $100 Is needed to assure full reimbursement of t~e Welghmuster for money collected ond turned In to the City Treasurer during the months of October, November and December, 1964, the City Manager recommending that $100 be ~ppropricted for this purpose. After a discussion of the matter, Mr, St,lieF stating that he cannot understand mby it Js uecessary to appropriate additional funds since this is an offsetting account, but that be would vote for the appropriation in order that It might be passed as an emergeccymeasure, Mr, Wheeler moved that Council concur in the recommendation of the City Manager and offered the f.Il,ming emergency Ordinance: (nlGlO0) AN ODDINA~CE to amend and reordain Section #90, 'Market," of the 1964 Appropriation Ordinance. and providing for an emergency. (Pot full text of Ordinance, see Ordinance Book No. R?, page .387.) Mr. Nheelcr moved the adoption of the Ordinance. Yhemotlon mas seconded by Mr. Pollard and adopted by the following rote: AYES: Messr$. Garland. Pollard. S~oller, Wheeler and Mayor Dillard .... NAYS: None---~ ...................................................... O. (Messrs. Jones and Young absent) BUDGET-MUNICIPAL BUILDING: The City Manager submitted a written report, recommendifl9 that $100 be transferred from Materials, Supplies and Contractual Services ,to Dentals under Section #88, *Maintenance of City Property,' of the 1964 budget, to cover rental of equipment. Mr. St.lief moved that Conncil concur in the recommendation of the City Manager and offered the following emergency Ordinance: (alGlOl) AN ORDINANCE to amend and reordaln Section ~88, "Maintenance of City Prope~ty,* of the 1964 Appropriation Ordinance, and providing far an emergency. (For full text of Ordinance, see Ordinance D.oh No. 27. page 387.) Mr. St.lief moved the adoption ,of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland. Pollard, Stoller, Wheeler and Mayor Dlllard-~-5. NAYS: None .......~ .............................................. O. (Messrs. Jones ,and Young absent) BUDGET-AUOITORIUM-COLISEUM: The City Manager submitted a written report, advising that the Civic Center Project Commit. tee has requested that a sign be erected on the tract of land in the Commonwealth Dedevelopment Project recently purchased by the City of Roanoke indicating it ls.the~site of the proposed Civic Center, the City Huuuger recomwe~diag that $250 he appropriated to Materials- Building and ~roperty under Section zBa, 'Street Signs and Mnrkings,# of the i96d budget, to cover the purchase or materials rot the sign. Mr. Stoller moved that Council concur in the recommendation of the City lanager and offered the following emergency Ordinance: (w16102) AN OROINANCE to amend and reorduin Section nOS, 'Street Signs and Markings,m of the 1964 Appropriation Ordinance, and providing rot an emergency. (POP full text of Ordinance. see Ordinance Book No. 27, page 388.) MPg Stoller moved the adoption of the Ordinance. The motion was seconded by Mro Pollard and adopted by the following vote: AYES: Messrs. Garland, Pollard, Stoller, Mheeler and Mayor Dillard ....5. NAYS: None ..............~ ............................................O. (Messrs. Jones and Young 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 November 2, 1964 Yo the City Council Roanoke, Virginia Gentlemen: The following employees are needed for the operation of the City 6overnment. Yhere are no new employees. AIRPORT - Secretary II - 400-14 ~UBLIC WORKS - Custodial Foreman, Group 11, Step 1 Respectfully submitted, S/ Arthur S. Owens City Manager' Mr. Stoller moved that Council concur in the recommendntions of the City Manager end that the matter be referred to the City Attorney for preparation of the~ proper measure, Yhe mot ion was seconded by Mr, Wheeler and unanimously adopted CITY AUDITOR: The City Auditor submitted a financial report of the City of Roanoke for the month of September, 1964. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the report wa~ filed. At this point, Mr. Jones arrived at the me'ting. REPORTS OF COMMITTEES: PERSONNEL DEPARTMENT: Council having referred the draft of ~n Ordinance creating a Department of Personnel fo~ the City of Roanoke to a committee composed of Mayor Benton Oo Dillard, Chairm~n, Mr. J~mes E. Jones' an~ Mr. Murray A. 5toller to put into final form in accordance with ~hanges agreed upon at its meeting on October 5, 1964, the committee submitted a'wrttten report, transmitting the Ordinance as redrafted. 54 of the Budget Commission, appeared before Council, advising that funds are included la the proposed 1965 budget for the establishment of a Personnel Department, that the Budget ComtissJoe does eot believe it is qualified nor does Jt kava the.time to make a study or reclassification of the Pay Plea nad salary rnn~e changes nad that tke Commission is of the opinion this is a matter of such magnitude as to require the attention of a professioual, In m discussion of tho draft of Ordinance, Mr, Jones moved that Section 3 (b) be amended to read as follows: (b) To maintain eligible lists based on such examinations for each class of position in the classified service to which original appointments ave to be made and whenever n vacancy in such a position is to be filled to certify to the appointing official the names of.the six pertons standing highest on the eligible list applicable to the position to be filled in the order of their standing on such list, provided that if there are fewer than six names on any sach list he shall before certifying any names conduct an examination for tuch position of which at least ten days* notice shall be given by publication in a daily newspaper of general circulation published in the city and/or in other public places and if after such notice and examination there remain fewer than six names on such eligible list he shall certify all such names in the order of their standing, The motion was seconded by Mr. SCuller and unanimously adopted. Mr, Jones also moved thee Section 5 (b) be amended to read as follows: (b} To hear appeals from any action pertaining to classification, reclassification and allocation of positions and from any disciplinary action suspending for more than thirty days, reducing in rank or pay or removing any officer or employee in the classified service, as hereinafter provided, and to report in writing its findings and decisions on sech appeal onll to the city manager. The motion was seconded by Mr. Stoller and unanimously adopted. Mr. Jones then offered the following emergency Ordinance: (~16103~ AN ORDINANCE amending Title II of The Code of the City of goon*he, 1956, by the addition of a new chapter, to be numbered 13. providing for the creation of a department of personnel for the City of Roanoke; providing for a director thereof; setting forth his responsibilities and dotes; providing for the appointment of a personneX hoard; setting forth its responsibilities and duties; designating the unclassified and classified service; providing for the preparation of a classification plan and a pay plan; providing for the pay stotus of present employees following the effective date of the ordinance; prohibiting certain practices in connection therewith; granting veterans certain preferences thereunder and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 388.) Hr. Jones moved the adoption of the Ordinance. lhe motion mas seconded b Mr. St*liar and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, Nheeler and Mayor Dillard ............................. NAYS: None ................. O, (Rro Young absent) 55 BUDGET: The Budget Commission submitted the following report trnnsmittin the proposed budget for 1965: "October 29° 1964 The Council or the City of Ronnoke ionnoke, Virginia Gentlemen~ Submitted herewith is the proposed budget for the year 1965. ns recommended by your Budget Commission, Revenue The revenue'estimated to be received by the City for 1965 is: From Miscellaneous - General From Miscellaneous - Schools From 1965 Tax Levy (Rate $3.45) Appropriations The appropriations recommended are: For General Operations For School Operations For Capital Improvements $10,139,762,00 3.251,090,00 7.597.590.00 $20.988.442.00 $10,468,224.00 9,285,118.00 1.235~100700 $~0.98B,442~00 Items referred by City Council Reduction of hours of firemen from 68 to 62 per week: Me have included in the proposed b'udget 16 men for this purpose. Abolishing Bo, 4 Fire Station ~rovision for abolition of No, 4 Fire Station and transfer of personnel to a reserve company mith the addition of 4 additional men is provided in the proposed budget. Full-time Pharmacist in City PhvsicianOs Deoartment: A full-time pharmacist is provided in the proposed budget. Additional air-conditioninq equipment for Monicipal Build'hq: Funds are included in the proposed budget for completion of air- conditioning in the Municipal Building. Connection of Industrial Access Road with Airport Road: Funds are included in the proposed budget for connection of the Industrial Access Road from Hershberger Road to Associated Transport with the Airport Road. City Membership in Virqinia Travel Council: The proposed budget includes a $50.00 membership for the City in the Virginia Travel Council. Storm Drain - 9th Street ~ Norman Ave.. S. This project authorized by the Council in 1964. Repair of Van Buren St** Vermont Avenue, and Virqinia Ave.. N. Included in the 1965 budget ere funds for street repairs 'to be used on basis of n'eed and priority established by' administration. Park Shelters - Thrasher Park: Funds not available. Replacement of brick sidewalk and curb & qutter in dountown area: Funds not available. This proposal contemplated City bearing total cost of the replacement. Attention is invited to Title 17, Chapter 3, Section 5 of the City Code which provides for replace- ment of sidewalhs in business section. 56 Pay Plon Reclassification and salary ranae cbonnes~ Funds were provided In the 1964 budget for establishment of u Personnel Department gad nra included in the proposed 1965 budget, We do mot believe we ore qualified nor do me have time to make u study of thio matter, Personnel services account for obout 50~ or the geoerul operoting budget ned more than two thirds or the school operating budget. Ne believe,that this is n metier of such magnitude to require the ettention~f n professional. Generol Ooeration AopropFintions The general operating section of the proposed 1965 budget is substantially the same us for 1964 in total. The major changes la individual accounts are as folloms: AccO, 6 - Assessment of Real Estate Provlsionrfor appraisal of taxable real estate by State Tax Department ndd 52,500 ACCto 52 - Public Assistance Increase previously authorized by the City Council add 98.500 Acct. 60 - Police Department Six additional Police Officers add 25,000 Acct, 61 - Fire Department Twenty-two additional Fireman and one pumper add 123,000 Acct. 82 - Street Repair Reduction of blacktop program deduct 100,000 Acct. 88 - Maintenance of City Property Two additional employees and additional materials add 30,000 Acct. 89 - Airport One additional employee and addition to motor fuel for resale (Jet fuel) add 16,000 Acct. 97 - Refuse Collection Additional personnel previously authorized by the Council add 30,000 Acct. 165 Overtime pay deduct 28,000 Capital Imorovement Requests for capitol improvements totaled $2,737,969.50. ~e have included in the proposed budget for 1965 capital projects totaling $1.235.100.00. The projects aggregating this amount have been previously committed and the Commission had little choice. Re are of the opinion that all the projects deleted from the budget by us are desirable and should be accomplished when funds are available.~ The Commission believes that current revenues should be used within reasonable limits for capital improvements. Until a complete capital improvement program Is prepared and approved by the Council, it is not possible to -- propose a financial plan to support the City's capital require- ments. Re recommend that the Council require the preparation of such a plan at the earliest practicable date, and that thereafter a financial plan to implement the program be formulated so that future Budget Commissions may have an established guide of the priority of needed projects on which to make bodget recommenda- tions. School Aoorooriations The budget request of the School Board amounted to $9,377,696.90. ge have eliminated from the request the provision .57 for payment of pupS% scholarships by the local School Board. but have provided $22,146,60 for payment or the Cityes share of such scholarships graeted by the State Board of Education, The request for #anpomer Development Training has beer reduced from $99,200,50 to $50,400,00 beonuse or appropriations made by th~ Council for 1964,i This program is supported by the . State and expenditures reimbursed fully, The school badger is $435,559 more than 1964, Nm]or changes are increased personnel costs of approximately $290,000, Educational TV costs of $46,000. Pupil Transportation $14,O00, aem self-supporting  rograms and improvements and betterments of approximately 65,000, and a reduction of°$15,000 in school debt cost, The increased personnel cost is primarily based on lncrenses authorized by the Council in 1964, The appropriations in the school budget as recommended, by the Commission is balanced with income using the present tax rate, Iewaqe Treatment Budqet The appropriations In this budget are $3,2T4,~0 in excess of estimated revenues, We are advised by the City Auditor that there is a sufficient cash reserve to provide for this excess, The Increases in appropriations are primarily for additional personnel and supplies for operation of chlorination of effluent of the plant, Equipment for this purpose has been authorized by the Council, Water Department Budqet Estimated Income is $1,459,315 and appropriations total $2,178,244. Appropriations for operations are substantially the same as for 1964, Appropriations in excess of revenue is for capital improvements, incloding $639,000 for Tinker Creek Diversion and $98,700 for improvement to the Falling Creek filter plant. Both these improvements were initiated by action of the City Council. Respectfully submitted, $/ Denton O. Dillard Benton O. Dillard, Chairman $/ Julian H, Rutherfoord, Jr, Julian H, Rutherfoord, Jr. S/ Byron A. Hicks Dyron A. Hicks S/ Hamilton H, Redman Hamilton M. Redman $/ Jonas G. Eller Jonas G. Eller S/ Arthur S. Owens Arthur S. Owens S/ Jo Robert Thomas J, Robert Thomasw After a discussion of the matter, Hessrs, Garland and Stellar questioning the holding of a series of budget study sessions by Council as a duplication of effort in view of the fact that the body only changes about 1~ of the budget submitted by the Dudget Commission, and other members of Council being of the opin'ion that It is the responsibility of the body to go over every item in the budget before it Is' finally ad~pted, Hr. Stoller moved that the first budget study session be held at 7:30 pom,, November 170 1964, The motion was seconded by Hr, Jones and unanimously adopted, §8 Hr, Stoller thai moved that the City Attorney be directed to prepore the proper measure expressing the opprecintlon of CounCil to the citizen members cf the Budget Conission for their ontstnnding worh Il preparing the proposed budget for 1965, The motion was seconded by Mr. Nheeler and unanimously odopted, UNFINISHED BUSINESS: RONE. CONSIDERATION OF CLAIMS:' NONE. INTRODUCTION AND CONSIDF~ATION'OF ORDINANCES AND RE$0L~TIONS: SIDEWALK, CURB AND GUTTER-SCHOOLS: Council having directed the City Attorney to prepare the proper ueasure occepting the offer of Evergreen Developzent Cowpany. Incorporated, to convey to the City of Boanohe a 5-foot strip of land on the north side of Windsor Avenue, S. M** between Wakefield Road and Brighton Road, and a wider strip of land at the northwest corner of WIndsor Avenue and Brighton Road, S. Wot for street purposes, in connection with street.improvements in the vicinity of the Masena School. he presented same; whereupon. Mr. Stoller offered the following emergency Ordinance: (~lhlO4) AN ORDINANCE accepting the conditional offer of Evergreen Development Company, Inc., to donut9 to the City ~f,Rosnahe certain real estate; expressing the appreciation of this Council for the donation; and providing for an emergency. (For Iull text of Ordinance, see Ordinance Boob No. 2?, page 395.) Hr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and ~dopted by the following vote: AY£S: Messrs. Garland, Jones, Pollard, Stoller, Wheeler and Mayor Dillard .... =---1 ............ ~ ......... 6. NAYS: None .....~ ............ O. (Mr. Young absent) STATE HIGHWAYS: Mr. Stoller moved that the following Ordinance providing for the conveyance Of certain real property owned by the City of Roanoke, located on the northerly side of O~ange Avenue, N. E., in the City of Roanoke, Virginia, to the Commonwealth of Virginia, for a consideration of $30,000, and authorizing ' the execution and delivery of 'an Agreement After Certificate of Deposit therefor, be placed upon its first reading: (z16105) AN ORDINANCE providing for the conveyance of certain real property owned by the City of Roanoke, located on the northerly side of Orange Avenue. N. E., in the City of Roanoke, Virginia, to the Commonwealth of Virginia, for n consideration of $30,000; ~nd authorizing the execution and delivery of au Agreement After Certificate of Deposit therefor. WHEREAS, the State Highway Commissioner of Virginia has filed with the Clerk of the Hustings Court' of the City of Roanoke a Certificate of Deposit No. C ~621 dated April 4, 1962, as provided by Article V, Chapter 1, Title 33, Code of Virginia, 1950, as amended, relating to theacq~lsition of the hereinafter describe( real property for highway ~urposes ~n the* construction' Of Bout~ 581 in the City of ~oanohe, Virginia, said ~ertJficate of Deposit being recorded in Deed Book 1114, page 103, in said Clerhts office; and MOEREAS, said Certificate of Deposit lists the owner of said real property es sClty of Roanoke and Party or Parties Unknown* and, whereas, ,the City Attorney has advised this Council that the City of Roanoke has exercised open, notorious and adverse possession over said land since the granting or Its Charter in the yeor 1882, and no other party bas asserted say claim to or against said laud, and, whereas, this Council has heretofore agreed by Ordinance No. 14814,. adopted on the 4th day of June, 1962, that the sum of $30,O00,is the fair value of the subject property. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke tknt, in order to vest the fee simple title in the subject property in the Commonwealth of Virginia and to accept the said sun of $30,000 as compensation for said land, the Mayor and City Clerk of the City of Roanoke are hereby authorized and directed, for and on behalf of the City of Roanoke, to execute, affix thereto the official seal, attest the same and deliver to the State Highway Commissioner of Virginia an agreement that the compensation for the hereinafter described land in the soosnt of $30.000 is agreed upon and in which the City of Roanoke does by general warranty covenant that it is seized of said hereinafter described land as described in the aforesaid Certificate of Deposit, and with the usual modern english language covenants Of title, said land being generally known and described ss Lots 56 and 57 according to the Map of Gainsborough. and further described in said Certificate of Deposit as follows: H~ING as shown on Sheets No. 19, 1gA', 34 and 46 of the plans for Route 581. State Highway Project 0581-128-070, RM-201, and lying on the east (left) side of the survey center line and adjacent to the lands of the landowner, from other lands of the landowner opposite approximate Station 297~30. to the north'right of way line of Orange Avenue opposite approxi- mate Station 29977fl; and containing 1.05 acres, more or less, land. ~he motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Stoller, Wheeler and Mayor Dillard .............................. 6, NAYS: None .......~ .......... O. (Mr, Young absent) BUDGET: Mayor Dillard brought to the attention of Council draft of an Ordinange amending and reordainlng Section 1, Chapter 2, Title II, of The Code of the City of Roanoke. 1956, providing that the fiscal year of the City of Roanoke shall begin on the first day of July and end on the 30th day of June, as required by an Act passed at the 1964 session of the General Assembly. In a discussion of the matter, Mr. Stoller objected to the state requirin, c~tles to change the fiscal year of their budgets, voicing the opinion that it is more practical for the City Of Roanoke to adopt its budget on a calendar year basis. Messrs. Hamilton Mo Redman and Dyron An Dicks, members of the Budget Commission, expressed the opinion that there would be less confusion, particularly with regard to the school budget, if the city conformedto the state fiscal year. After a further dlscossion, Mr. Pollard moved that the.matter be referred to 1965 budget study. The motion was seconded by Mr. Garland and unanimously' adopted. hOTIONS AND RISCELLAHSOUS SID£hALE, CBRR AND GOTTEB-SCBOOLS~ Coeacll hiving referred to the Roanoke City Sckool Board for seedy, report end recommendation · reqeeot of 294 citizens that the city coos,rte, u sidewalk oloeg the east side of 6rendlo Road, S, from Aveoel. Aveeae to Galliard Arcane, ned from the Roliegh Court Elementary School to Greodie Road, for the beeefit of school children, Bt, Roy Lo hobber, Chairman of the School Boerde appeared before the body and preseeted a communication, advising that the School Board has approved the report of a committee headed by hr. Duncan C, Kennedy as Chairman. hr, Duncan C. Kennedy then advised that the recommendations of the committee as approved by the School Board are as follows: l, That the existing crossing on Grandin Road be relocated from Guilford Avenue to Garter Road, This will place the crossing within the existing blinker school light, end it would be possible to provide flags for the patrol boys to use at the cross walk. he believe this would be a safer crossing for the students. 2. Re recommend that the City install a gravel-type walk, approximately 470 ft. along Graodln Road from the existing alley, as shown in oranee on the print #Baster Development Plan - Shrine Hill Path.m It Is proposed to widen Grandee Road in the future Baster Plan. Since the location and time are indefinite, the recommendation is for a gravel- type walk, adjacent to the existing curb. 3. Be recommend that the City install ~pproximately g'40 ft. of permanent sidewalk from Grandin Road to the Raleigh Court School, as shomn in red on the above-mentioned print. The location of this walk is the most practical at the present time. It folloms a break in the terrain where the difference Jn elevation is 4 to 5 ft. for the , future, tennis courts. The suggested location of the play shelter and the future 4-room addition to this school can be relocated** if these are constructed in the future. Vt. Sto~ler mated that Counctl co'car in the recommendations of the School Ro~rd and that t~e City Manager be directed to proceed on the project forthwith out of available funds. The motion was seconded by Mr. Garland and unanl- adopted. TRAFFIC: A delegation of members of the Roanoke Woman*s Club being present at the meeting as spectators, Mrs..F.B. Grail. Chairman of the Safety Department, called attention to the following haaardous intersections in the city: Edgemood Street and Maiden Lane, 5. R.. Ross Lane and Persinger Road. S. Hunter Viaduct at South Jefferson Street and Salem Avenue. Mayor Dillard also called attention to the intersection of Shirley Avenue and Belleville Road, Se W, Mr. Garland moved that the matter,of correcting the traffic hazards at these intersections be referred to the City Managerfor action, and, if necessary, report back to Council. The motion mas seconded by Mr. Jones and unanimously adopte A ~roap of members of the Mew,wood - hllmont Farms ClvicLeague also being present at the meeting as spectatorst Mr. Melvin R. Grant, President, called attention to the hazardous condition at the intersection of O~d Salem Turnpike and · estmood ~oulevard, N. tlr, #heeler moved thot the mutter be referred to the City Manager for study and report to Councll, The motion mum seoond~d by Hr. St*lief ned ununluonal adopted, SERERS AnD STORH DRAINS: Hr, Smolder presented the foil*ming c~mmunicuti asking that u committee be appointed to meet mith the officials of Roanoke County and the Tomn of Salem end request that they consent to renegotiate the contract between the City of Roanoke and the Tomn of Salem dated October 16, 19530 tad the nontruct between the' City of Roanoke ned the County of Roanoke dated September 1954, dealing math the treatment of domestic and commercial masteso respectively: 'October 30, 1964. Honorable Mayor and Fellom Rushers of Roanoke City Council. Regard: A Committee To Reel Mlth Roanoke County And Town of Salem To Amend The Sewage Contract Under Mhlch Me Are Treating County And Town Sewage FaF FaF Less Than Cost. Gentlemen: 1. You should know that the citizens mbo have talked to me recently on the subjects of amending our water and sewage rates for non-residents are so many and so unanimous that, in my opinion, we would be making a serious error of omission if we did not make every effort to correct this inequitable situation. 2. Accordingly, there is submitted for your considerate'on the appointment of a committee to meet with the officials of Roanoke County and tho. se of the Town of Salem -- separately because we have here two different contracts with two different groups -- and request that they consent to re-negotiate the said contracts. If they do not consent, it is my intention to urge that we sue them in a Court of Equity to modify the contracts or rescind them. .3. T~e basis of the re-negotiation would ,be that t~e operating figures presented to us whom clearly that He are making an annual gift of at least $22,000 to the County of Roanoke and at least $50,000 to the Town of Salem by treating their sewage that much below the actual cost of treatment. Nhlle a private individual may inadvertently make a poor co,marmot and have to live with it, this same principle does not and should not apply to a public body. 4.' The' figures* presented to us under date of August Ho 1963, showed the sewage situation for the year 1962. Total Sewage input 5,552 M. O. (million gallons) Operating Cost $301,570 $50,53 per M. O. Nonoperating Cost 150,828 Total Cost $452,398 $75.80 per 'M. G. 5. Me are informed that by contract dated October 16, 19~3, the City contracted with the Town to treat its wastes. By contract dated September 28, 10S4, a simllar contract was agreed to with the County. In each contract 'the initial charge for transporting and treating the wastes mas $30 per M. G, Each five years the charge is readjusted. 7. The treatment cost per M. G. for the preceding five years is averaged and 20~ is added, giving the charge for the ensuing period. 8. Only the actual cost of operating and maintaining the Roanoke sewage treatment plant is considered. ~. No capital outlay, interestt depreciation, replacement of existing semage facilities, additions to existing facilities, or any amortization of the indebtedness incurred for the construction of the plant or interceptor lines is to be considered. 10. Neither Salem nor Roanoke County is pay~g the actu~ cost ~ transporting and treatin! its sewage. From 1~$8 to 1~63 ~he contract rate was $34.05 per M. C. The City having accepted new areas, an increase of 38.~ in volume and 22.2~ in cost was to be taken into account in the 1~63 recompntation, reducing the contract rate to $31,42 per M, G. The 1~62 figures: Contract Operating Cost ~otal Cost Loss to S34.05 Only. $50.53 ~,80 City County 494 M.G. $16,820 $24,961 $37,445 $20e625 Tow~ 1,101M.G. 37,989 55,663 83,455 45,466 /62 11. The 1964 extensions: At $31.43 Cooaty 494 H.G. $15,511 $21,934 Town 1,101 H.G. 34,593 48,862 12. He all know costs hate increased, so the loss is doubtless even greuter than $70,796 (the annual loss total.) Sincerely, S/ Hurray A. Stoller Js Hurray A. Stoller** Hr. Pollard moved that the matter be referred to a committee composed of H~SSFS. Arthur S. Owens, Randolph G. Hhittle, Roy L. Hebber and Hurray A. Stol'lev in co'nec,ion with its consideration of various requests by Roanoke County and the Tomn of Salem for inclusion of additional areas in the contracts. The motion was seconded by Hr. Hheeler and unanimously adopted. CBB~CIL: The City Clerk reported that Mr. HalteF L. Young has qualified as a Councilman for a term of fOUF years ending August 31, 1968. On motion of Rt. HheeleT, seconded by Hr. Pollard and unanimously adopted the report was filed. WATER B~PARTH~NT: Council at its last meeting hating filed the report of the City Hanager, advising that every effort is being made by the City of Roanoke ut the present time to heap the inconvenience of red water to a minimum and that he does not suggest or recommend any change at this time, Hr. Stoller~ raised the question of amending Chapter 3. Title XV, of The Code of the City of Roanoke, 1956, to require~ use of corrosion resistant material such us glass-lined water heaters and copper water lines in all new construction, and noted that the matter be referred to the Board of Plumber Examiners composed of Ressrs. J. O. Heddle, Chairman, R. T. Pit,nan and 0. W. Simpson, for study, report and recommendation to Council. The motion was seconded by Hr. Garland and unanimously adopted. On motion of Mr. Jones, seconded by Mr. Pollard and unanimously adopted, the meeting was adjourned. ATTEST: . ~ City Clerk APPROVED Mayor (! COUNCIL, REGULAR MELTING, Mondal, November 9, 1964, The Council of tbe City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, November 9, 1964, at 2 p,m,o the regular meeting hour, mith Mayor Dillard presiding. . PRESENT: Councilmen Robert A. Garland, Roy R. Pollard, Sr., Rnrray~A. Stoller, Maimer L. Young end Mayor Benton O. Dillard ............................. ABSENT: Councilmen James E. Jones and Vincent $. Mheeler ............... OFFICERS PR~$£NT: Mr. Arthur $. Owens, City Manager, Mr. Randolph Mhlttle, City Attorney, and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting mas opened with a prayer by the Reverend R. MarvJ Mhite, Pastor, Thrasher Memorial Methodist Church. HINBTE$: Copy of the minutes of the regular meeting held on Monday. October 26, 1964, having been furnished each member of Council. on motion of Stoller, seconded by Mr. Garland and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. COUNCIL: Mayor Dillard melcomed Mr. Young who has been absent from Council due to an extended illness. Mr. Young stated that he will be unable to remain at the meeting on order! of bis doctor, but that since he is moving from the city he wanted to be present to tendev, his resignation from Council in person, and presented the following com- munication: '2~10 Longviem Avenue, 5. Roanoke, Virginia November 9, 1964 Honorable Mayor and Members of City Council It is with regret that I tender to you my resignation as a member of Roanoke City Council. I have served with this group for fourteen years, since 1950, and can truthfully say ! have enjoyed it. I have served with many different members during this time and, while I have disagreed with some of them on many matters, it Is my opinion that each one has, always done what he thought best for the city, although such a vote has not always been popular with all of the citizens. The remaining membership of the present council constitutes a good group and I look for much in the way of continued improvements for our city and mill follow its future progress with continued interest. My reason for resigning is that I have been offered a better position In Norfolk by my employer, the Norfolk and Mestern Railway Company, and feel that I can render a better service there. Mrs. Young and I will move to Norfolk soon but will retain ownership of our home here and return after my retirement to live in the only home we have ever had. X am returning to yon my two salary chechs for the month of October. I do not feel I should accept them after I started giving consideration to resigning. They mere not earned. It is my request that yom accept this resignation as of* November l.in order that I will not be offered any salary check for any part of the first half of November; but if this is not agreeable, please instruct the Auditor to issue no pay check for this pay period. I cannot conclude without thanking all the city employees for their splendid cooperation, or my associates on council for their tolerance and friendship, and the representatives of all the news media for their fair and friendly treatment. I uish for the city and all of oar citizens eh* hare continued to support me the best of everything under the able leadership of Nnyor Dill*rd and the present council members, Sincerely yours S/ Walter L, Young ,. . Walter L, Young" Hr, St*liar moved that Council accept the resignation mith rmgret erfectlv os of midnight Hoveuber 9, 1964t and that the City Attorney be directed to prepare the proper measure expressing the appreciation of the body for the long nnd~ .on*standing service rendered by Hr. Young. The motion mas seconded by Hr, Pollard and adopted. Hr. Young then left the meeting, HEARING OF CITIZENS UPOH PUBLIC MATTERS: TAXES-LICENSES: Council having previously set a public hearing fo~ 2 p.m, Ronday, November 9. 1964, on proposed changes in the License Tax Code as recommended by the Roanoke Tax Study Committee. the matter mas before the body. Nr. Charles P. Alexander, Jr., Attorney, representing several property owners, appeared before Council in opposition to the proposed creation of Section 61. providing that any person mbo engages in the business of renting houses, apart- ments or commercial establishments and who receives gross receipts from such busfnes in excess of $2,000 shall pay a minimum annual license tax of $20, plus $.S0 per $100 gross receipts in excess of $2,000, Hr. Alexander pointing out that the proposed tax is higher than any other, city In Virginia now having such a aox, that the other cities having the tax have a transient population where renting Is big business, that the property oHners in Roanoke afc already paying a reasonable real estate tax and the proposed ~ental tax mill add to the burden of those owning rental property, Mr. Alexander concluding with the opinion that the tax as mom proposed ts not a proper tax for Roanoke and that it would be bettor if $20 is made the maximum instead of the minimum, or · $20 base tax plus $.25 per $100 gross receipts, mith no tax on two units or less~ is established. Dr. R. Earle Clendy, Chairman, Committee on License Tax, Roanoke Academy of Medicine, read a prepared statement, pr*test'lng that elimination of the $4,000 exemption for professional men makes the tax even greater for some than before. that fa the opinion of the Academy of Nedfclne the proposed professJonul license tax is purely and slaply an unfair, exorbitant third income tax imposed on a select* group of individuals in an arbitrary and discriminatory way. Rt. Harvey S. Lutlns, Attorney. appeared before Council in opposition to the proposed rental tax, advising that he con~urs with the statements made by Hr. Alexander. Mr. L. P. Roberts, President of the Roanoke Food Brokers* Association, read a prepared statement citing reasons why food products brokers should not be classified for license tax purposes as professional men. Hr. Roberts pointing out that a food broker now paying $165 would pay $470 under the proposed revision of the '65 License Tax Code lu the City of Roanoke, mhile a food broker in Roanoke County pays $119, that only four carles ant of 67 cities surveyed have food brokers licens taxes ns high as the present city rnte nnd only Rlchmond and Lyuchburg are hlgker thai the proposed Roanoke rate. that when the very suall'percentnge of business sold by Roanoke brokers to customers In the City of Roanoke is considered the proposed hem license tax is out of line, RFc Roberts recommending that n special section be included in the proposed License Tax Code imposing a license tax of $50, plus $2~20 per $1,000 or gross commissions, on food products brokers, pointing out that several food brokers are prepared to move to the County of Roanoke or Salem ir the proposed license tax increase goes through. Hr. Douglas R. Dorman, President of the Civic Reading Club of Roanoke, appeared before Council in opposition to increasing the license tax of commission merchaKts from $55 plus $.22 per $100 gross receipts to $20 plus $.90 per $100 gross receipts, Hr. Dorman objecting to reducing the Ticense tax of the retail merchant and increasing the license tax of the commission merchant, voicing the opinion that the $200,000 loss Jn revenue expected by the reduction in the retail merchants license t~x will not be made up next year by an Increase in business; therefore, he does not think Council can give a gift to the retail merchants at the expense of others. NFo Joseph NySOF Smith, Attorney. representing the retail merchants, pointed out that the Tax Study Committee has summarized the situation of the retail merchants In its report and advised that the Roanoke Herchants Association is in favor of reducing the retail merchants license tax from $55 plus $.55 per $100 gros~ receipts by, 10~. Hr. Nllliam R. Hill, Executive Director. Downtown Roanoke, Incorporated, read a prepared statement, strongly urging enactment of the 10~ reduction in the retail merchants license tax and reduction of the mholesalers license tax as long overdue and badly needed adjustments of business license taxes,'opposingenactment of a tax on rental income because such a tax would result in the landlord*s increa$~ operating cost being passed along to the tenant in the form of higher rent, oSJecting to the proposed hem rate for garage and parking lot operhtors, and expressing the hope that the City of Roanohe will not let its need for more revenue uoM obscure the major advantage Of a tax structure more favorable to business which will encourage future growth and development leading to a broader tax base. Mr. JamesL. Zrlnklet representing the Roanohe Valley Real Estate Board, read a prepared statement in opposition to the proposed rental tax, Mr. Trinkle estimating that in excess of 90~ of the owners of commercial and apartment property own only one apartment or commercial building and are not engaged in the business of renting houses, apartments or commercial balldings, pointing out that owners of these properties are now paying real estate, state income and federal income taxes and that the proposed rental tax will add a fourth tax on their lac.omc, that real estate cannot bear the burden of an additional tax on the income derived therefrom. that the proposed rental tax mill discourage modernization and improvement of older properties which is vital to a progressive communftTo that nm additional real estate mill pet another road block ia the may of efforts to preserve n strong central business district, and the answer, in his opinion is to moth hard for help from the ri*ate and to spread the tax base ia every way possible. Hr. Francis S, Hal~ers. repr~sen?ng printing companies, appeared la opposition to the proposal to increase the license tax of Job printers from $55 plus $.11 per,S100 gross receipts to $50 plus $.25 per $100 gros~ receipts, Molters contending that Job printers are manufacturers. Hr. James W. Elliott, representing parking lot operators, spohe in apposition to the proposal to change the license tax of operators of parhing lots and garages for $30 plus $1.10 for each stall or space in excess of five to $1 per space plus $.50 per $100 gross receipts mhich, in his opinion, will be the greatest blow to down*nwa Roanohe in history. Hr. R. R. Oulch, representing the Roanohe Valley Real Estate Hoard. spoke in opposition to the rental tax as being unfair and inequita~le mith the proposed Mr. John D. Copenhaver. Attorney. advised that his clients are opposed to the rental tax, pointing out that under this tax another burden would be added to the Patrick Henry Hotel. Mr. John ko Roswell spohe in opposition to the rental tax, stating that it is practically impossible for any property owner to pass the tax on to the Hr. S. Albert Trompeter spohe in opposition to the rental tax, claiming will drive business from the City. of Roanoke, Mr, N, M, Schlossberg stated thatt in his opinion, for any group to come before Council and cry for a reduction in license taxes is not in a spirit of civic Hr. Janes P. Hart, Jr,, Attorney, expressed the fear that the proposed rental tax will lead to the deterioration of property which will result in a net loss to the city. Mr. Herbert E. 6111iam spoke in opposition to the rental tax and asked that consideration be given to the small apartment owner. Mr, John H. Nindel spoke in opposition to the proposed rental tax. Mr. T. T. Iooret President of the Chamber of Commerce. read a prepared statement, advising that the Legislative Subcommittee of the State and Local Affairs Committee of the Chamber of Commerce requests that Council give every consideration to the recommendations contained in the report of the Tax Study Committee, making whatever adjustments are necessary to assure that the various bus,ness t~x license rates are competitive with similar license taxes in other cities of the state in order that the City of Roanoke m~ght better.compete for new industrial, commercial end business enterprises which will lead to accelerated economic growth, If~, Foster G, Sheets spoke in opposition to the proposal to increase the license tax of general auctioneers ~rom $55 plus $.55 per $100 gross receipts to $20 plus $,90 per $100 gross recelptst Mr. Sheets pointing out that most of the 'business or his firm is out of the city and he is already'paying heavy taxes on this business to other cities, The public hearing having lusted for'over amc hours, and everyone present having been given un opportunity to be heard/Hr. Stoller moved abut Council take the report of the Tax Study Committee under consideration. The motion was seconded by Hr, Garland and unanimously'adopted~ SCHOOLS: The Advisory Hoard of the Roanoke Center of the University of Virginia appeared before Council, with Mr. Henry E. Thomas, Chairman, acting as spokesman, Hr. Thomas advising that continued growth of enrollment has caused the Roanoke Center at 1731Grandin Road, S, #., to become overcrowded and that severe traffic congestion exists in the area of the Center because of a lack of off-street parking, that approximately 300 applicants had to be turned away this year because of limited space for the day program and evening classes are being conducted in a number of places throughout the city mhich makes it obvious that administrative and educational difficulties are causing this procedure to be less productive than it should be, therefore, the University program needs seriously to be brought together in adequate facilities of its OWn, Mr. Thomas pointing oat that this school in an expanded form is needed for Roanohe*s economic growth and requesting that the city agree to convey a'35-acre tract of land on the west side of Colonial Avenue~ S. N.. to the University of Virginia so that the University can proceed immediately mith plans to secure state financing for the erection of buildings on ti site which must be included by the President'of the University of Virginia in his capital outlay projections to be submitted to the Governor of Virginia by December 1, 1964. Mr. So Lewis Llonberger, a member of the'Advisory Hoard, pointed out that preliminary estimates for the first building and equipment show thatit will cost in excess of $750,000. Mr. Warner M. Sensbsch. director of City Planning, displayed a model of the development of educational facilities in the area and advised that the City Planning Commission is in favor of same. After a further discussion, Mr° Pollard voiced the opinion that the ,entire membership of Council should be present to act on the question and moved thai action on the matter be deferred until, the regular meeting of Council on November 23, 1964. The motion was seconded by Mr. Stoller and unanimously:adopted. ZONING: Hr. M. H. Grant, President of the Westwood - Wilmont Farms Civic League, appeared before Council and presented a petition signed by 41S residents of the immediate area, requesting that land known as the *Old Trout Place' borderin .on Shenandoah Avenue to the north, Lnckett Street to the meat, Thirtieth Street to the east and the Norfolk and Rester~ Railway Company property to the south, be rezoned from Heavy Industrial District to Light Industrial District. ~68 In this co·laotian, · communication from Joe Grlssom and #alva Puff Grlttomt obJecting to the request lad ·sking that the land In question remain zoned as Henry Industrial Dlttrint, was before Council. On motion of Or. Garlando seconded bytXr. Pollard and nnanimously adopted, the request rot rezoaiog was referred to the City Planning Commission for study, report and recommendation to Council. ROUSIHG-SLO# CLEARANCE: Hr. Russell R. Henley, Executive Director of the City of Ro·noke Redevelopment and Housing Authority. appe·red b~fore Council Old presented · communication from Mr. Hllliam So Hnbard, Chairman of the AuthorlW, advising th·t it is necessary to make changes in the Redevelopmen~ Plan for the Commonuealth ProJect to Indic·tm the auditorium-coliseum Sand use in the ·re·, the construction of Hells Avenue from Route 581 to Fourth Street, N. E.o and other minor revlaioUSo and requesting that Council ·pprove Amendment Ho. 3 to the Redevelopment Plan. Hr. Henley also presented copy or · communication from Hr. Rerner Sensbach, Director of City Pl·nnlng, advising that after careful study of all pl·nning factors involved the City Planning Commission found and determined th·t Amendment No. 3 conforms to the proposals of the L·nd Development Pl·n of the City of Roanoke, Mr. Stoller moved that Council conour ia the request of the City of Roanoke Redevelopment and Housing Authority and offered the following Resolution: (n16105) A RESOLUTION amending 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 Hook No. 27t page 399.) Mr. Stoller moved the adoption of the Resolution. The motion was seconde~ by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Pollard, Stoller and Mayor Dillard .............. 4, NAYS: None ......................................................... O. (Messrs. Jones, Mbeeler and Young ·bsent) PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company° transmitting a list showing that one street.light was Instal]ed during the month of October, 1964. mas before Council. On motion of Mr, 5toller, seconded by Mr, Pollard and unanimously adopted, the communication was filed, BRIDGES: I Resolution of the Town of Vlnton, requestin9 that a low-water bridge be constructed across Tinker Creek at the.easterly end of Hise Avenue, S, E,, at an estimated cost of $180000, on a 50-50 basis by the City of Roanoke and the Town of Vinton, was before Council, On motion of Mr, Stoller° seconded by Mr. Garland and unanimously adopted, the matter mas referred to 1955 budget study, AIR POLLUTION CONTROL: Council having referred the question of requiring buses to elevate exhaust systems to the Advisory tad Appeal Board, Air Pollution Control, ia connection mlth Its sandy of strengthening the provisions or Chapter . 5, Title IV, of The Code of the City of Roanoke, 1956, relating to Air Pollution Control, particularly uith reference to internal combustion engines, u communicatJo~ from Mr, F. K, Prosier. Chairman of the Hoard, advising that the local bus coupsnJe* hove been requested to cooperate in aa effort to lessen smoke and fumes; hum*vet, i~ does not appear practical to require elevated exhaust systems on buses at this time, uaw before the body, Mr. St*lief moved that the communication be filed and that the Hoard be thanked for information transmitted mith its communication, The motion mas seconded by Mr. Pollard and unanimously adopted, CENSUS: A communication from Hr. Robert T, Horham, President, Roanoke Junior Chamber of Commerce, Incorporated, requesting that a special census of the Clty of Roanoke be taken and offering to furnish the manpower and mhateve~ other facilities might be necessary to help defray the costs of this census, mas before NFo St*lieF moved that action on the matter be deferred until the next regular meeting of Council. The motion was seconded by Mr, Garland and unanimously adopted. BUDGEToLIFE SAVING CREWS: A communication from Mr, Julian S. Wise, President, Roanoke Life Saving and First Aid Crew, Incorporated, advising that a requisition for painting the interior of its building and repairing the roof out of the $S00 included in the 1964 budget for normal maintenance has not been approved by the City manager since the building is not owned by the city and requesting approval of Council of the expenditure or'funds for this purpose, was before Council. Mr. St*lieF moved that the City Manager be authorized to approve the requisition for the painting of the interior of the building and repairing the roof. The motion was seconded by Mr. Garland and unanimously adopted. BUDGET-CITY SERGEANT: A communication from Mr. Kermit E. Allman, City Sergeant, requesting that $1,$89,66 be appropriated for the purchase of a range and refrigerator for the city jail, tmo-thirds of which amount mill be reimbursed by the state, mas before Council. Gouncil lndicat'ing its approval of the request, but it appearing that there is an insufficient number of Councilmen present to adopt the necessary Ordinance as an emergency measure, Mr, St*liar moved that action on the matter be deferred until the next regular meeting of the body. The motion was seconded by Mr. Garland and unanimously adopted. ELECTXONS: A communication from Mr, T. Howard Buyer, Chairman of the Electoral Hoard, requesting that Council reconsider its action in authorizing the 7O payment of n bonus of $5 to the Judges and clerks serving ia the election os November 3, 1964. nad approve a $10 bonus us orlginnlly requested by the Electoral fl,etd, was before Council. On motion of Hr, St,lief, seconded by Hr, Garland and unanimously adopted, the communication was filed. REPORTS OF OFFICERS: BUDGET-PAY PLAN-POLICE DEPARTMENT: The City Manager submitted a written report, recommending that two vacancies for Clerk=Stenographers and two vacancies for Police Officers in the Police Department be filled since they are 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 mas seconded by Mr. St*liar and unanimously adopted, STREETS AND ALLEYS: Council having previously been advised by the City Attorney, Jn connection with a request of the Garden City Civic League that it be determined whether the road through the Roan,he Industrial Center is a public or private street, that no street within said property has been formally dedicated, the City Manager submitted a written report, transmittin9 on offer of the Roanoke Industrial Center to dedicate to the City of Roanoke certain streets, roads and bridges within the property formerly occupied by the American Viscose Corporation for use as public thoroughfares. In a discussion of the matter, the City Manager and Mr, E, To Morris, Jr.. displayed a map indicating the streets mutually agreed upon to be dedicated at this time. On motion of Nro St. Il,r, seconded by Mr. Pollard and unanimously adopted, the matter mas referred back to the City Manager to make a detailed study of the streets to be dedicated and to prepare a map showing the metes and bounds of said streets. APPOINTMENTS-HEALTH DEPARTMENT: The City Manager submitted a written report, advising that Mr. Richard F. Dunlap has resigned as a member of the Board of Health due to the fact that he is moving away from the city and that Mr. Ge Frank Clement has been appointed by the City Manager to fill the unexpired term of Mr. Dunlap ending June 30. 1q66. On motion of Mr. St,liar. seconded by Mr. Garland and unanimously ad,pt,dr the report was filed. POLICE DEPARTMENT-FIRE DEPARTMENT: The City Manager submitted the following report on changes in personnel of the ~oiice Department and the Fire Department during the month of October. 1964: "Roanoke, Virginia November 9, 1964 TO the City Council Roanoke. Virginia Gentlemen: I am listing below the reports of the superintendent of police and the fire deportment chief with reference to personnel changes during .the month of October: 71' FOLICE . 'Ere A~vin teals Houcbins mBS re-instated as petrolmeo October 16, 1964. Be uaw on military leave. qo appolatment~ during the month, or Octobert There,thine*re the above.' 1964 other FlEE 'During the,mouth.or October, 1964, the following personnel Eesigned~ Robert E. Collins - October 1, 1964 Employed: Lloyd R. Rolfield - October 16, 1964' Respectfully submitted, $! Arthur S. Omens City Rauager' On motion of Mr. Pollard, seconded by Hr. Stoller and unanimously adopted the report was riled. fl£ALTH DEPART~NT-TBAILERS: Council having referred to the City Ranager for study, report and recommendation a request or Ers. Sallie #o Perguson rot permission to place a house trailer on the east side of her property at 747 #hyland Street, N. Eot the City Hanager submitted a written report, pointing out that Council by its own action has frozen any further use of trailers within the city and referred the various requests to the Board or Investigators, that the Board or Investigators. realizing that t~e proposed new Zoning Ordinance under Section 140-05 'Mobile Home Parksu provides rot the use of trailers, has held up its report, and that it would appear to him, in fairness to all concerned, that the request should be denied. Er. Garland moved that Council concur in the report of the City Manager and that the request or Rrso Ferguson be denied. The motion was seconded by 5toiler and unanimously adopted. POLICE DEPARTMENT-SCHOOLS: Council having r~ferred to 1965 budget study guards he employed and that one of these guards be stationed at Jamisoo School, and, in the meantime, having directed the City Manager to make an investigation as to the need for a school crossing guard at Jamison School, he submitted a written re~ort, advising ~hat it is his belief o cros~ing guard is needed at Jamison School, in addition to the many oth~r schools in the city. On motion of Mr° Pollard, seconded by Mr. Btoller ~nd unanimously adopted, the report of the City Manager was referred to 1965 budget study in connection with consideration of the request of the Jamison School Parent-Teacher Association. PLANNING-MASTER PLAN: The City Planning Commission submitted a written report, advising that the Planning Commission has now prepared a Land Use Plan and a Parks and Open Space Plan as part of the comprehensive plan'of the City of Roanoke, tha~ the~se *plans were adopted after n public hearing on November 4, 1964, by the Commission, and that Section 16, Chapter ~, Title XVI, of The Code of the City of Roanoke, 1956,' requires' that Council also approve the Raster Plan or portions thereof; th~ Commission is transmitting to Council an attested copy of the Land Use Plan en~ the Parks and Open Space Plan for its review and adoption. Dr, St*lief then moved that action on the matter be'deferred until the regular meeting of Council oK November 23, 1964~ The m~tioa ~as ~econded by ~r, Garland and onaulmoesll adopted, Mro St*lief also moved that the Director of City Plenning be requested to be present at the meeting of Council on.Jenuury 18, 1965, for n discussion of a Matter Capitol Improvemeat Pr*gram for the Cltl of Roan*he, The motion was sec*nde( by Hr, Pollard tad unanimously adopted, ZONING: Council having referred to the City Planning Coauission rot study, report and recommendation a request of Dr. Fred T. Weikelo et al** that certain propertF located an the south side of Shenandoah Avenue and the north side or signal Dill Avenue, M. D** betueen Juniper Street and Luckett Street, be fez*ned from General Residence District to Business District, the City Planning Commission submitted the following report, recommending that the request be denied: mMovember 5, 1964 The Ran*ruble Benton O. Dillard, Mayor and Yemhers of City Council Roanoke, Virginia Gentlemen: The City,Planning Commission considered this rezanlng request during its regular meeting of Dovember 4, 1964, The Commission was informed by Mr, #eikel, the owner of the property, that he is contemplating to use this land for the erection of a restaurant. Several residents of the general area appeared to object to the ~ezoning request, claiming that commercial use, particularly the operation of a restanrnnt, would be detrimental to the value of the residential neighborhood. A spokesman for the Dilmont Farms- Mildwood Civic League also appeared to voice the objection of bis organization to this Fez*ming attempt. Having duly made field inspection and after careful consideration of all factors involved, the Planning Commission concluded that the proposed fez*nlm9 would be detrimental to the existing residential development, and. therefore, proposes to City Council that this Fez,ming request be denied. Very truly yours, S/ ~erner K. Sensbach Henry B. Boynton Chairmanw In this con'action, a communication from DF. ~. Courtney King. Jr.. Attorney* representing the petitioners, requesting permission to withdraw the petition for fez*ming, was before Council. Mr. St*lief moved that Council concur in the request and that the petltiol for fez*nan9 be withdrawn. The motion was seconded by Mr. Garland and unanimously adopted. ZONING-SETBACK LINES: Council having referred to the City Planning Commission for study, report and recommendation the m~tter of abolishing the existing setbac~ line on the ~est side of Twenty-fourth Street, N. W,, between ~alem ~urnpihe and Melrose Avenue, in connection with the fez*ming of the easterly portion of a 35.325-acre tract of land owne~ by Bra. Susie G. Barton adjoining Belt*se Avenue, Twenty-fourth Street and Salem Turnpike, N, ~.. Off'icial Tax Do, 2420203, from General Residence District to Business District~ the City Planning Commission submitted the following report, recommending that the setback line be abolished: #Horember,5, 1964 ~he Honorable Beetoe O, Dillard, Mayor uud Numbers or City Council Roanoke, Virginia · The Planning Commission studied this request during the regular meeting or Xovember 4,'1V64, Ail pertinent factors were studied carefully nad the following finding mas made, A sehbocR line his been established along Twenty-roerth Street to permit future widening o! this road. The major highmay plan proposes u right- or-may width or ?0 feet rot this location, This condition will he satisfied through the donation or a In-root strip or land on the east side of Twenty-fourth Street by the estate or Mrs. Herren, as shown mare clearly on o plan No. 4878-A prepared by she office or the City Engineer under date or Ocsober'lg, 1964. Since the purpose of a setback line on Twenty-fourth Street can be considered accomplished, the City Planning Commission rinds no continued need:rot a setback line on the mest~side or Tmenty-fourth 5trent and recoemends that it be abolished, Very truly yOUrS, 5/ Rerner K, Sensbach rot Henry B. Roynton Chairmanw Mr. 5toiler moved that Council COnCUr in the recommendation o! the City Planning Commission and that the matter be referred to the City'Attorney rot proper procedure. The motion was seconded by NF, Garland and unaniuousiy adopted, REPORTS OF COMMITTEES: 5AL£ OF PROPERT¥-STRE£T5 AND ALLEYS: Council having received a recom- mendation Of the City Planning Commission that the request or All 5tar 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 Melrose Avenue, No No, for street and municipal purposes, be conveyed to All 5tar Lanes and The Roanoke Country Club, Incorporated. as abutting property owners, be granted with possible compensation to the city to be determined by Council, and having referred the matter tn a committee to determine the value or the land in question, the committee submitted the following report: *Roanoke, Virginia November 9, To the City Council Roanoke, Virginia Gentlemen: At our meeting of September 6; 1~64, you referred to the below committee n report of the City Planning Commission in which they reported to you that' it would be Council*s discretion on how the property to the bach Of Ail Star Lanes should be disposed and on mhat conditions. The Real Estate Committee studied the plans and discussed the various proposals concerning this property. Ne delved into the history and are or theopinion that the land mould be of little use to the City end we recommend the following: That appraisals be made of the property and advise the Roanoke Country Club of the Ctty*s millingness to dispose of the property, consistent with the appropriate value. Respectfully submitted, 5/ Arthur S° Owens S/ Ran 6. Whittle Randolph G. Whlttle 5/ Jo Robert Thomas J. Robert Thomas 5/ Roy R. Pollard, Sr. 74 lu thi~ connection, a communication from Mr, B, Parnell Eggleston, Attorney, representing the petitioners, IdvisSng that mhile the petitioners hsd hoped in view of the donation of this laud to the city, and the fact that the city will not need this laud in the foreseeable future, it would he;given bach to the donor, A~l~Sta? L~nes, and lt~ successor in title, The Roanoke Country Club, Incorporated* the petit~one~s Tll! .certainly want ~o ~o~der.th~.purchase of the land at its appraised value shem the appraisal is iode, was her*re Council. Mr. Pollard moved that Council ~o~cur in. th~ r~port of the committee, The motion was seconded by?fr. St*lief and unanimously ~dopted, PURCHASE OF PROPERTY: Council havi~g referred ~o a committee composed of Messrso Arthur S, Owenst Chairman, Randolph G: Nba*tie, J, Robert Thomas and Roy R. Pollard,'Sr,, for study, report and recommendation, an offer of Mr, Leonard Angling Real Estate Agent, to sell to the City of Roanoke property located on the east side of ~illianson Road, H. E,, south of Fugate Road, described as Lot Newman Mop, Official Tax No. 3100923, for the sow of $37,500, and an adjoining lot on the southeast corner of MJlliamson Road and F~gate Road, N, E** described as Lot lA, Newman Map, Official Tax Sos, 3100924, for the sum of $3~,500, the com- mittee submitted a ~ritten report, advising that it visited the p~operty and is most appreciative of the offer to sell same to the.city, but does not believe the city needs the lots at this time. In this connection, Mr. Anglin appeared before Council and warned that if the lots are sold to someone else the existing water drainage problem in this area might be increased, Mr. St*lief moved that Council concur in the repor~?f the committee and that the offer be rejected. The motion was seconded by Hr. Pollard and unani- mously adopted. TAXES: Council having referred to a committee composed of Messrs. Murray A. St*liar, Chairman, James E. Jones and Hobart A, Garland, for study, repo] and recommendation, a request of the Roanoke Chapter of the American Association of Retired Persons'and the Roanoke District of the Association of Retired Railroad Employees for an exemption of $600 from the assessed taxable value of real estate occupied by persons over 65 years of aget Messrs. Stoller and Jones submitted a majority written report, recommending% in substance, that the City of Roanoke, effective January 1, 1965, give an exemption of $450 on the assessed value Of real estate to owners over 65 with a gross income less than $2,000 per year, and Garland submitted a written minority report, recommending that the request for an exemption be denied, setting forth his reasons for so recommending. In a discussion of the matter, Mr. Pollard stated that the majority report *is a little more in line with what he is in favor Of, but that he feels if Council is going to do anything it shomld make it worthwhile end that he would like to see the amount of the exemption changed to 75 After a discussion of the matter, Wv, Pollard moved that the majority nad minority reports be received cad placed on the cgeudc for further consideration ct the next regular meeting of Council mbeu c full membership is expected to he preseote The motion wis seconded by Mr, Stoller and unanimously adopted. UNFINISHED BUSINESS: MUNICIPAL CODRT: Council at its meeting on October 12, 1964, having vote~ to appoint two additional substitute municipal Judges as soon ns expedient at a compensation of $200 per month to handle the issuance of all warrants after hours and on weekends and holidays, the matter mas again before the body, . Mr. Stoller moved that the City Attorney be directed to prepare the propel measure providing for the appointment of the two additional substitute municipal Judges for terms expiring September 30, 1965. The motion was seconded by Mr, Garland and unanimously adopted, CONSIDERATION OF CLAIMS* NONE. IBTRODUCTION AmD CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZOBING: Ordinance No. 16098, rezoaing a 1.39-acre tract of land located on the east side Of Cove Road, B. W., south of Dershberger Road, de~ignated as Official Tax Wu. 2480143, 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. Stoller offering the folloming for its second reading and final adoption: (a16098) 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 39To) Mr. St.oller moved the adoption of ,the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Pollard, Stoller and Mayor Dillard .............4. BAYS: None ................ ~ ........ ~ ...... ~ .......~ ............. O. (Messrs. Jones, Wheeler and Young absent) STATE HIGHWAYS: Ordinance Bo. 16105, providing for the conveyance of 1.05 acres, more or less, formerly coos*itu*lng the cityes free burial ground on city-owned real. estate on the northwest corner of Second Street and Dart Avenue, N. E., and other city-owned real estate in the immediate vicinity thereof, to the Commonwealth of Virginia, for a consideration of $300000* and authorizing the execution and delivery of an Agree~ment After Certificate of Deposit therefor, 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 readin and final adoption: (x1610§) AN ORDINABCE providing for the conveyance of certain real property owned by the City of Roano,ke, located on the, northerly side of Orange Avenue, N. E., In the City of Roanoke, Virginia, to the Commonwealth of Virginia. for a consideration of $30,0002 and authorizing the execution and delivery of an Agreement After Certificate Of Deposit therefor. (For full text of Ordinance, see Ordinance Boor No. 27, page 397°) Mr, Stoller moved the adoption o£ the Ordinnace, The motion mss seconded by Mr, Follsrd and ndopted by the followla9 vote: AYES: Messrs, Garland, Pollard, Grolier and Mayor Dillard .............4, NAYS: None ......................................................... O. (Messrs. Junes, Wheeler and Young absent) BUDGET-FAY PLAN: Council having directed the City Attorney to prepcre the proper mensure authorizing the City Manager to fill certain vacancies in various municipal departments since they are of an emergency natureo he presented same; whereupon, NFo Grolier offered the following ResolotJon: (ml610?) A RESOLUTION authorizing the City Manager to employ certain persounele (For full text of Eesolution, see Eesolution Rook No° 270 page 40o,) Mr, Stoller moved the adoption of the Resolution, The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs. Garland, Pollard, Grolier and Mayor Dillard ............ 40 NA~S: None ......................................................... O. (Messrs. Jones, Mheeler and Young absent) BUDGET: Council having directed the City Attorney to prepare the proper measure expressing its appreciation to the citizen members of the Budget Commission for their outstanding work in preparing the proposed budget for 19&5, he presented same; whereupon, Hr. Stoller offered the following Resolution: · (=16108) A RE$OLUYION expressing the appreciation of this Council to the four freehold citizen members of' the Budget Commission for the valuable assistance they rendered in the preparation of the proposed annual budget for the ensuing year. (For full text of Eesolution, see Eesolution Book No. 27, page 400,) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs, Garland, Pollard, Grolier and Mayor Dillard .............4, NAYS: None ....................................... ~ ................ O. [Messrs. Janes, Wheeler nnd Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: COUNCIL: Mr. A. E. (Bert) Snyder appeared before Council, pointing oot that the body recently adopted an Ordinance providing that regular night meetings shall be antomatically adjourned after three and one-half hoars unless a motion is onnnlmoosly adopted to continue said meetings, and suggested that the same rnle apply to regular day meetings. No action was taken on the matter. SEWERS AND STORM DRAINS-WATER DEPARTMENT: Mayor Dillard pointed out that Council prevlonsly appointed a committee composed of Messrs. Arthur S. Owens, Chairman, Randolph G. Whittle, J. Robert Yhomas, Raymond Eo Pillow, B. S. Zlmmerman and Vincent S. Nheeler to report to Council on a confidential basis with reference tO the policy or the cit7 in respect to mater end sewage charges to areas outside or the corporate limits, also. al analysis of the cost structure and an examination of the contract and lams. and that recently it appointed a COmmittee composed of lessrs. Vincent B. Rheelert Chairman. Arthur S. Omens. Randolph G. Rhittle. J. Robez Thomas ted J. A. Brogan to study the question of increasing water rates for large coesumers outside of the corporate limits. Mayor Dillard voicing the opinion that u ~oumittee composed of members of. Council should be appointed to supersede these tm* coati,tees for the purpose of studying the water and sewer rates presently . imposedby the city on nonresident users and reporting to Council what. if any. changes it concludes should be Bade in rates, procedure, etc. Hr. St*lief moved that the matter be referred to the City Attorney for preparation of the proper measure appointing such a committee. The motion was seconded by Mr. Garland and unanimously adopted. On motion of Hr. Pollard. seconded by Hr. St*lief and unanimously adopted the meeting was adjourned. APPROVED ATTEST: 78 COUNCIL, BEGULAR MEETING, Xondn7. November 16, 1964. , The Council of the City of. Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, November 16, 1964. at 2 p.m., the regular meeting hoar, mith Mayor Dillard presiding. PRRSENY~ Councilmen Robert A. Garland. James B. Jones, Roy Ro Follnrd, Sr., Hurray A. Stoller, Vincent $. #heeler and Mayor Benton O. Dillard ............ ABSENT: Noae .......................................................... O, OFFICERS PR~ENT:. Hr. Arthur S. Owens, City Manager, Mr. Randolph G. Rhittle, City Attorney. and Mr. A. N, Gibson, Assistant City Auditor. INVOCATION:. The meeting was opened mith a prayer by the Reverend F. Swartst Pastor, Snmmerdean Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on Monday. November 2, 1964, having been furnished each member of Council, on motion of Mr. St*lief, seconded by Mr. Rheeler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. COUNCIL: Hr. Malter L. Young having tendered his resignation as a member of Council effective November 9, 1964, because he is moving from the city, and Council having directed the City Attorney to prepare the proper measure expressing its appreciation for the long, loyal and capable service rendered by Mr. Young, the City Attorney presented same; whereupon. Mr. ~heeler offered the following Resolution: (m16109) A RESOLUTION expressing unto Walter L. Young the appreciation of this Council and that of the people of the City of Roanoke for the long, loyal and capable service he has rendered the City of Roanoke as a member of this Council and as Mayor. (For full text of Resolution, see Resolution Book No. 27, page 401.) Mr. Wheeler moved the adoption of the Resolution. The motion was secondefl by Mr. Pollard and adopted by the following rote: AYES: Messrs, Garland, Jones, Pollard, Stoller. Nheeler and Mayor Dillard ...............................6. NAYS: None ................. O. Mayor Dillard then presented Mr. Young with a framed copy of the Resolutio Mayor Dillard also presented Mr. Young with a silver tray from his colleagues on Council. Mr. Young expressed his appreciation for the Resolution and assured Council that the tray will become one of his most treasured possessions. BEARING OF CITIZENS UPON PUBLIC MATTERS: 5EMERS AND STORM DRAINS: Pursuant to notice of advertisement for bids on the Construction of a storm drain on Salem Turnpike, N. M., west of Red Fox Drive. said proposals to be received by the City Clerk until 1:00 p.m., Monday, Movember 16. 1964, end to be opened nt 2:00 p.m., bet*re Council, Mayor Dillard asked if anyone hud uny questions about the advertisement, and no representative present raising uny question, the Mayor lnstrncted the City Clerk to proceed mlth the opening of the bids; uhereapon, the City Glerh opened and read the foil*ming bids: Draper Construction Company $18,600.00 Hudgins ~ Pace 29,650.00 J. M. Turner & Company. Incorporated '- 34,355.00 Mr. St*lief moved that the bids be referred to a committee composed of Messrs. Vincent S. Mheeler, Chairman, Arthur S. Owens end B. Cletus 9royles rot tabulation end report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder. The motlon~was seconded by Mr. Pollard end unanimously adopted. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. William Lo Martini Attorney, representlt Mr. J. E. Fogle, et al** advising that there is~some question as to whether OF not a portion of a tract of land located on the east side of Colonial Avenue, S. M., In the vicinity of Clenrfleld Road, designated as Official Tax No. 1290301, has been properly fez*ned from General Residence District to Light Industrial District. and that his clients feel if through any mistake said portion of the tract of land has been zoned for industrial purposes it should be fez*ned lemediately for resi- dential purposes, mas before Council. In this connection, n delegation of approximately 50 residents of the appeared before Council, with Mr. Martin acting as spokesman, Mr. Martin advising that it has come to his attention that Mr. Joseph A. Mullins, owner of the property, has granted an option to the Humble Oil & Refining Company for the purchase of his Xund for the purpose of erecting a filling station thereon, that the 9uilding Commissioner issued a permit for the construction of the service station on the sit~ but when a controversy arose as to the zoning of this propertyt the permit was rev*had, that a new permit was issued on November 11. 1964, that when the property mas annexed by the city on January 1, 1943, it was zoned for residential purposes; however, apparently after it came into the city a part thereof appears to have been fez*ned for industrial use although there is some question as to whether the part claimed to be zoned for industrial use was properly fez*ned', that regardless of whether a part of the property was rezoned for industrial purposes a triangular strip from a tract of land designated ns Official Tax No. 1590201 deeded by the City of Roanoke to Mr. Mullahs as a part of the tract of land designated as Official Tax No. 1290301 Is still zoned as General ResidenceDlstrict, that if a service station is erected on the site a traffic hazard will be created for children attending Fishburn Park Elementary School, that there are other schools in the area and a number of. residences, Mr. Martin concluding that his clients believe that if througt any mistake a small portion of, this property has been zoned for industrial purposes 8O it should be lmne~iatel! rezoned ~r residential purposes and the Rull~lug Con- missioner should he requ?ed to rescind Uny permit issued for the construction o! u service station until it cum be deternined If even a part of the property Is zoned industrial the contemplated use uill violate the Zoning Ordinance or that part designated residential, Mr. David R. LISa appeared before Council and presented a petition sigue~ by 213 resldenti of the area, opposiog use of the~property for commercial purposes because it would be eoutrary to the true intent of the Zoning Ordinance and uould create a hazard to children attending Flshburn Park Elementary School end requestla~ that the Rullding Commissioner be required to revoke the building pernit, Mro Lisk pointing oat that the Flshburn Park Parent-Teacher Association has not held a meeting and adopted a Resolution opposing the construction of the filling station, but that its Safety Committee has met and is of the opinion the service station would create a traffic hazard. Mr. Robert ~. £agan, Jr** District Heoager, Humble Oil ~ Refining Company, advised that It was determined some months age his company had a need for a service station in the southwest section of Roanoke to round out its distribution in this gromin9 area, that after much study it was decided to construct a Williamsburg - Colonial style station on the Mullins Fire, that the land has been zoned for Light Industrial purposes since 1943 and anything from a steel fabricating plant to a 24 hour drive-in }estaurant could be developed on this property, that even though~ his firm has every legal right it has purposely delayed stnrtin9 construction because it is a good citizen and wante~ the members of Council to have the benefit of knowing its plans and of Its interest to work with the community, Mr. Hagan asking Council to consider the effect a decision to revoke the building permit would have on the future of Roanoke, raising the question as to what developer or company would invest dollars in good faith to purchase land at commercial prices only to find that he had lost his rights to develop his land. Mr. Jones questioned whether or not the erection of a service station on this site would be good public relations on the part of the Humble Oil ~ Refining Company in view of the strong opposition to the filling station. Mr. Hagan replied that his company is interested in working with the people in the commnnlty; however, If they wish to hault the construction of the service station it is a matter for the courts - not Council, ar. Hagan asking if Council is going to be governed by its laws or the voice of the people. Mayor Dillard asked Mr. Lewis G. Leftnich, Ruildiug Commissioner, why the first building permit was rescinded. Mr, Leftwich replied that either the owner or the agent for the Owner apply for a building permit and that at the tine the first application was made he had'no proof the Humble Oil & Refining Company was acting as agent for Mr. Mulllns, The matter having been discussed at length, Mr, Stoller moved that, in view of the question whether the tract of land designated as Official Tax No. 12803C is actually zoned ns General Residence District or Light Industrial District, the City Hanager be instructed to suspend temporarily the building permit issued on November 11, 1964, and, In the meanwhile, that the question be referred to the City Planning Commission for study, report end recommendation to Council us to the best use or the property. The motion was seconded by Hr. Garland and unanimously adopted. Hr. Jones then moved that the City Attorney be directed to examine pertinent maps and Ordinances for the purpose or,determining whether or not the tract of land designated as Official Tax Ho. 1290301 mas properly res*ned from General Residence District to Light Industrial District. The motion was seconded by Mr. Wheeler and unanimously adopted. STATH CORPORATION CORRISSION: A notice from the 5tame Corporation wission,.advising that Fuller flus Line, Incorporated, has made application to the State Corporation Commission for a Certificate of Pcblic Convenience and Necessity ns a special or charter party carrier by motor vehicle for the handling of passengers from Bristol, Roanoke, audi*rd and Lynchbur9; also, Washington. Smyth, Scott, Russell, Wythe, Grays*n, Pulaski, Montgomery, Roanoke. Campbell and Appomattox Counties, pursuant to incorporation of .the Fuller Bus Line, and that the Commission will hold a hearing on the application in Richmond, Virginia, at 10 a.m., December 3, lg64, was before Council. Council having no objection to the application, Mr. Stoller moved that the notice be filed. The motion was seconded by Mr. Wheeler and unanimously adopted. SCHOOLS: A communication from Mrs. R. L. Uoulton. President of the Wasena Parent-Teacher Association, expressing appreciation for street improvements in the vicinity of Wasena School, was before Council. Mr. Garland moved that the communication be received and filed. The motion was seconded by Mr. Rheeler and unanimously adopted. HEALTH DEPARTMENT: A communication from Mr. G. Frank Clement, tendering his resignation as a member of the Board of Housing and Hygiene since he has accepted appointment as a member of the Hoard of Health, was before Council. Mr. Pollard moved that the resignation be accepted. The motion was seoonded by Mr. Nheel~r and unanimously adopted. REPORTS OF OFFICERS: BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written report. recommending that $400 be transferred from Medical and Housekeeping Supplies to Personal Services under Section ~40, *Health Department** of the 1964 budget, for extra help. Mr. St*lief moved that Council concur in the recommendation of the City Manager and offered the following*emergency Ordinance: (~16110) AN ORDINANCE to amend and reordain Section #40, *Health Departmentt' of the lg64,Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 402.) .82 Mr, Stoller moved the adoption of the Ordllonce, The motion mos seconded by Mr, Wheeler nnd adopted by the foliomlng vote: AYES~ Messrs, Garland, Jonese Follurd, Stoller, Nheeler and Mayor Oillerd ...............................6. NAYS: None ................. O. BUDGET-CITY CLERK: The City Wannger submitted u mritten reportt traos- mltting a request of the City Clerh that $200 be appropriated to Printing and Offic! Supplies ander Section a2, #Clerh,# of the 1964 budget, to corer necessary expendi- tures for the remainder of the year, the City Manager verbally recommending that the request be granted, Hr. Stoller moved that Council concur ia the recommendation of the City Haoager and offered the following emergency Ordinance~ (mi6111) AN O~DINANCR to aneod nod reordaJn Section #2° #Clerk,' o! the 1964 Appropriation Ordinance, and providing for au emergency, (For full text of Ordinance, see Ordinance Dooh No. 27, page 402.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded b~ Mr. Nheeler add adopted by the following vote: AYES: Messrs. Carload, Jones, Pollard, Stoller, Nheeler and Mayor Dillard ............................... 6. NAYS: None .................OD BUDGET-DEPARTMENT OF PUBLIC NELFARE: The City Manager submitted a written report, transmitting a request of the Director of Public Welfare that $1,100 be transferred from Vehicular Equipment - Nem and that $900 be transferred from Office Furniture and Equipment - New to Office Furniture and Equipment - Replacement under Section =52, "Public Assistance,' of the 1964 budget, to replace 14 obsolete desks. Mr. Jones raised the question as to whether or not Council included funds in the 1964 budget for the purchase of several new desks for the Department of Public Melfare and moved that action on the request be.deferred until the next regular meeting of Council tn order ~bat the City Auditor might furnish this information. The motion was seconded bi Rr. Nheeler and adopted, Nr. Stoller votin no. BUDGET-WATER DEPARTWENT:. The City Manager submitted a written report. advising that funds for the installation of curbing around the driveway and a sidewalk at the Crystal Sprin9 Pumping Station were erroneously included in Main- tenance of Buildings and Property under Section ~260, #Pumping Stations and Tanks,' of the 1964 Water Department budget, and recommended that $758.05 be transferred from this account to Capital Outlay from Revenue under 'Non-Operating Expense~ of the 1964 Mater Department budget, to provide for the installation of sidewalk, curb and gutter at the Crystal Spring Pumping Station. After,a discussion of the matter, Hr. Jones protesting that the sidewalk, curb and gutter would serve only a small number of people, and the Clty. Nanager replying that it would enhance the appearance of public property, Mr, Stoller moved tha~ Council concur in t~e recommendation of the City Wanager and offered the following emergency Ordinance: "AN ORDINANCE to amend and reordain Section n260, Stations and TatRs** and eNou-0peratleg E~peuse,8 of the 1964 Water Fnad Appropriation Ordiunnce, and providing for an' ewergeacyo NDERSAS, for the usual dally operation or the M~niclpul Govern- melt or the City o~ Roanohe, an emergency Is declared to exist. THEREFORE, DE IT ORDAINED by the Council o! the Olay or Roanohe that Section n260, °Pimping Stations and Tanks,e and *Non- Operating Expense,t of the 1964 Water Fund Appropriation Ordinnnceo be, and the same are hereby, amended and reordained to read as follows, in part: PU#PIRG STATIONS ARD TARKS n260 Ralutenauce or Buildings and Property ......... $ 240. O0 NON-OPERATING EIPERSE Capital Outlay from Revenue (1) .........; .....$257,001.68 (1)Curb, gutter and sidewalk at Crystal Spring Pumping Station BE IT FURTHER ORDAINED that, an emergency existing, this O=dinance shall be in effect from its passage. Hr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and lost by the following vote: AYES: Messrs. Garland, Pollard and Stoller ............................ NAYS: Messrs. Jones, Wheeler and Mayor Dillard ........................ BUDGET-STREETS AND ALLEYS: The City Manager submitted a written ~eport, transmitting the following request of the Director of Public Murks for the oppro= priatlon of funds to purchase materials in connection with street repair and street construction: 'INTERDEPARTMENT COMMUNICATION DATEr November 4, 1964 TO: Mr. Arthur S. Owens, City Manager FROM: Mr. H. Cletus Broyles, Director of Public Works Request is made to have City Council appropriate the amounts as indicated to the two following accounts: Account 82, Object Code 40, Street Repair Materials,' buildingsand property $3,000.00 Account 140. Object Code 43, Street Construction Supplies and material $7,~00.00 If you recall about two months ago request was made of City Council for e total appropriation between these two accounts for $30,000.00. Council reduced the account appropriation to $15,000.00. Sloce that time we have had several major improvement projects imposed upon us which will require considerable materials to accomplish. Some of these include: 1. Road paving on Trinkle Avenue, Hillious~n Road and Fleming Avenue. around Breckenrtdge Jr** High School. 2. New paving on Edgewood Extension, section around Yorktown Apartments. 3. Xmprovement$ on Brighton Road and Windsor Avenue neaF Wasena School. 40Meadow Street Extension. (Connected with Bowman Park, accepted by City Council.) · 5. NJdening of Colonial Avenue adjacent to Strauss property donated to the City in exchange for curb and guttering. ~84 There ore olio several other projects that should be done before bad weather sets lno adJacent to our regular curb nnd gutter Decewber $/ H. Cletus Broyles Director of Public ~orks" following emergency Ordinance: (w16112) A~ ORDINANCE to amend and reordnin Section ~f12, "Street Repair,' (For full text of Ordinance, see Ordinance Book Noo 27, page 403.) by Hr. Garland and adopted by the following rote: Dillard ................................ 6. NAYS: None ..................O. (~16113) AN OBDINANCE to amend and r,ordain Section ~170, "Capital,' of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2?, page 403°) Dillard .............................. NAYB:'None ................. BBDGET-GRABE CROSSINGS; Council having previously appropriated $3,T00.00 (#16114) AN ORDINANCE to emend and reordalu Section u85, #Maintenance of City Property.' of thc 1964 Appropriation OrdJnnoce, and providing for an emergency, (For full text of Ordinance. see Ordinance Rook No. 27, page 404,) Mr, St,lief moved the adoption or the Ordinance, The motion mas seconded by Mr. Pollard and adopted by the f,Il,ming vote: AYES: Messrs, Garland, Jones, Pollard, St,lief, Nheeler and Mayor Dillard ...............................6. NAYS: None ................. O, , STREET LIGHTS: The City Manager submitted a written report, recommending that street lights be installed at Lilac Avenue and Trout Street0 N, M** and in the lO0 block of Trout Street, N, #,, respectively. Mr. Garland moved that Council concur in the recommendation of the City Manager and offered the f,Il,ming Resolution: (#16115) 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 404.) Hr, Garland moved the adoption of the Resolution. The motion mas seconde~ by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, St,lief, Nh,cleF and Mayor Dillard ................................ NAy~: None ................ O. BUDGET-WATER DEPARTMENT-AIRPORT: The City Manager submitted the f,Il,win report with regard to extending u water main from Hershberger Road to the Airport property: =Roanoke, Virginia November 9, 1964 To the City Council Roanoke, Virginia Gentlemen: We hare been working with the State of Virginia toward the construction of a new airport access road to the Associated Terminal property and by Ordinance No. 15870 dated July 22, 1964, you authorized the Nater Department to construct a water main from Rershberger Road north to their property. The estimated cost is $25,000° From the end of this line, the distance to the existing 6-inch feeder main to #o,drum Field is about l,S50 feet. Me believe it is appropriate while this construction is being accomplished that the main ah,old be extended from the Associated Transport Terminal property to connect with this main at an estimated cost of $12,000. It would Improve our water and fire services to the airport. I recommend that you authorize extension of the main as outlined in Mr. Brogan*s letter of October 30, 1964. Respectfully submitted, $/ Arthur S. Owens City Manager' Mr. St,lieF moved that Council concur in the recommendation of the City Manager and offered the f,Il,ming Resolution: (s16116) A RESOLUTION directing the City Manager to cause the 12-inch water main from Hershberger Road to the Associated Trnnsporte Inc,o property to be extended to connect nlth the City*s present Rain at Roanoke Municipal (WoodruR) Airport. (For rail text of Resolution, see Resolution G,ok No, 2To page 405,) Hr. St,lief moved the adoption of the Resolution, The notion nas sec,nde( by Hr. Garland and adopted by the f,Il,Ring vote: AYES: Messrs. Garland, Jones, Pollard, St,lief, Rheeler and Hayor Dillard ..... NAYS: ~one ................. O, RF, St,liar then offered the following emergency Ordinance appropriating $37,000 for the project: (m16117) AN ORDINANCE to amend and reordain "Non-Operating Expense" of the 1964 Rater Fund Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance O,ok No, 27, page 405,) Hr. St,lief moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, Rheeler and Mayor Dillard ................................ 6. NAYS: None ..................O. APPOINTKENTS-DEPARTKENT OF PUBLIC MORKS: The Gity Manager snbmitted a written report, advising that he has appointed Mr. Milliam Engineer effective November 16. 1964, subject to the approval of Goun¢il, end recommending that Mr. Glark be reimbursed for personal travel expenses and moving expenses incident to this appointment, Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (n16110) A RESOLUTION confirming the appointment of Clark as City Engineer; fixing the salary of said appointee; and authorizing reimbursement of certain travel and moving expenses incident to said appointment, (For full text of Resolution, see Resolution Book No. 27, page 406.). Rr. #heeler moved the adoption of the Resolution. The motion was sec.nde by Mr. Stoller and adopted by the followl~g vote: AYES: Ressrs. Garland, Jones, Pollard, Stoller, Nheeler and Mayor Dillard ............................. 6. NAYS: None ................. O. Mr. Stoller then offered the following emergency. Ordinance appropriating $620 to cover t.he travel and moving expenses: (n16119) AN ORDINANCE to amend and reordaiu Section ~80, 'Engineering,' of the 1964 Appropriation Ordinance, and providing for an emergency. (For fell text of Ordinance, see Ordinance Book No. 27, page 406,) Mr. Stoller moved the odoptlol of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following v~te:,~ AYES: Messrs. Gurlondt Jones, Pollard, Stoller, Mheeler and Mayor Dillard ............................... HAYS: Hone ................. O. SIDEMALK, CURB AND GUTTER:' Council having.referred to the City Manager for study nnd report n complaint of Mrs. Frances R. Hock of a fall on the brick sidewalk on the east side of First Stveet, S. M., between Luck Avenue amd Franklin Road, and a request tbnt this section be replaced with a concrete sidewalk before someone else is seriously bott, the City Manager subwltted a written report, advising tb~t should the owner of the property abutting said sidewalk desire to pay one-half of the cost of replacing same the city will also pay one-half and have it nccowplished, but that the request would be placed In sequence behind those already on record, that, In the mea~time, he has caused a survey to be m~de of the area and issued a work order for necessary improvements in order that the area shall be Bade safer. After n discussion of the matter, Mro Jones contending that brick side- walks are dangerous when they have snow and ice on them and should be replaced, Pollard moved that the report of the City Ranager be filed and that he he directed to contact the owner of the property located on the east side of First Street, S. betmeen Luck Avenue and Franklin Road, for the purpose of deternining whether or not said owner is willing to pay one-half of the cost of replacing the brick sidewalk with concrete sidewalk. The motion was seconded by Mr. Stoller and unanimously adopted. CRNSU$: Council at its last regular meeting having deferred action on a of the City of Roanoke be taken and offering to furnish the manpower and whatever other facilities might be necessary to help defray the cost of this census, the City Manager submitted the following report: "aoanoke, Virginia November 16, 1~64 To the City Council Roanoke, Virgiaia Gentlemen: The Junior Chamber of Commerce presented to you a letter at your last meeting, wherein, they requested that a new census be taken of the population of the City of Roanoke. I was instructed to secure necessary information for you. X am advised that in order to have a modern census taken, the City Council (the only body that can request this) must adopt a resolution asking that it be initiated and agreeing to pay the total cost of the census. The census w~uld have to be taken under the supervision of the Bureau of Census and they will send to our City a special census supervisor who is one of its qualified employees. The supervisor selects, appoints, and trains the staff, and conducts the enumera- tion. Ali persons employed in connection with the special census are sworn to observe the confidential nature of the returns. '88 Information is.obtained regarding anne, relationship to the head of the household, gan, sex, and race for each person included in the censuso: Ia addition, the ceases may corot other chcracterlstle$ of the population--economic fig*ns aud housing, for eaaaple--lf~the comaunity desires and is willing 'to pay for this lnforaatlba. Mr. Joseph R. Norwood. Regional Director of the Hareau of the Census. Charlotte, north Carolina. advises that ir Council elects to proceed with the proposal, it would be started early January, 1965. The cost would,be cppvoxiaately,$22.000, and could not be under*area by local groups. Due to the cost lerol~ed and the'debatable benefits tbot might redound to the City, lt~aould sppear to me that this should be deferred until there is some sustained Justification, such as: annexation, phenomenal growth by new population or other factors that would be Indicative of a large influx of people. Respectfully submitted, S/ Arthur S. Owens City Manager' In this connection, RCa Bernard Rann, representlog the Roanoke Junior Chamber of Commerce, appeared before Conneil. advising that the Junior Chamber of Commerce, ia making its offer, was merely interested in obtaining information and volunteered help in order to heap the cost down. but ia view of the report of the City Reneger it is obvious a special census would not be Justifled. Mr. Stoller moved that Council concur in the report of the City Reneger and that the offer of the Junior Chamber Of Commerce be rejected. The motion was seconded by Mr. Eheeler and unanimously adopted. AUDITS-SCHOOLS: The City Auditor ~ubmitted written reports on an examination of the records of the Fairvlew Elementary School and the Crystal Spring Elementary School ~or the school year ending June 30, 1964, advising that all the recorded transactions for the period and the financial condition of the fund. Mr. Garland ~oved that the 'reports be received and filed. Yhe notion was seconded by Hr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: SALE OF PROPERTY-STREETS AND ALLEYS: Council having referred to a committee for ~tud~, report and recommendation a request of Mr. Harry G. Johnson, St** that in addition to the sale of property located on the north side of Madison Avenue, N. E., east of Fifth Street, described as Lots I and 2, ~lock B, R. L. Map, Official Tax Nos. 3021001 and 3021002, to the Magic City MOtor Corporation for the sam of $500, the City of Roanoke convey to Mr. Johnson its interest in that portion of Fifth Street which has been closed for the nominal sum of $1, and a recommendation o~ the City Planning Commission that the request of Mr. Johnson that a portion of Madison Avenue, N. Ea, extending easterly from its intersection with the former easterly side of Fifth Street, ~. E. (now closed), for a distance of 75 feet, he vacated, discontinued and closed, be granted, the committee submitted the following report: :89 'Roanoke, Virginia Wovember 12, 1964 The Mo~ornble t~e Council of the City of Roanoke Gentlemen~ The City ~lanalng Commission, at the request of Mr, Merry G. Johnson 'and wife,' has recommended that that portion of Madison Avenue, ff. E., extending easterly from its intersection with Street, N. E., (mom closed) for a distance of 75 feet, be closed. You requested the undersigned Real ~stnte Committee to: (1) Study this recommeadatlo~ and report to Council; and (2) Study. and advise Council, also, If the request of · Johnson that the City convey him its interest in the east one-half nf said vacated Sth Street for the nominal sum of $1.00 should be g~anted. These tm* directives are definitely interwoven. My deeds da~ed February 11, 19S0, the City acquired Lots 1 and 2, Block B, Roan*he Land ~ Improvement Map. from John M. Mllson, Jr** Special Commissioner, as the result of a delinquent tax suit, These lots are each 25 feet wide and are contiguous, Lot 1, a corner lot, is contiguous to both the north side of Madison Avenne and the east side of Sth Street, N, £,, nhich said street, as stated, was closed by OrdinanCe ~o. 15250, adopted on the 3rd day of June, 1963. Mence. the City omned both lots as of the date said Sth Street (SO feet wide) ~as closed and, accordingly. one-half or the adjoining 25 feet thereof reverted to and became the property of the City as of the date of closing. By letter dated January 20, 19~4, tO the City Manager, Johnson offered the City $250.00 for *Lots I ~ 2,.Black B, R. L. ~ X. Map** On February 24, 1964. after inspecting the lots, this committee recommended to Council that it offer to sell the two lots to Johnson for $500.00. Yon approved this recommendation, Johnson accepted and by deed dated April 22, 19~, the two lots were conveyed him for that sum. It seems apparent to this committee that, if Lot I is worth $250.00, the east 25 feet of the former Sth Street. immediately contiguous to it, would a~so be worth $~SO.O0. Mom*var, Johnson maintains that, In discussing the matter with the City Manager, who is also Chairman of this committee, prior to purchasing Lots I and 2, statements were made from whlch he (Johnson] obtained ~he impression that if he purchased the two lots, he would thereby also acquire title to ~he contiguous one-half of said closed street. The City Manager says he discussed the matter several times sith Johnson prior to the sale and, while he may have told klm something to the effect that upon the closing of a street, one-bali of it asnnlly reverts to the adjoining landowners, he had no intention whatsoever of conveying the idea that if Johnson bought Lots I and 2 from the C~ty. he,would auto- matically get title to th~ adjoining one*half of closed 5th Street, The other three members of this committee, of course, believe both gentlemen. And. accordingly, we feel Johnson entertained a misunderstanding in good faith, that he and his corporation have recently improved the section Immensely'and we recommend that the' City quitclaim unto Johnson Its interest in 5th Street for, the nominal consideration Of $1.00. The City Manager, nh*. as stated, is also Chairman of this committee, dissents from this recommenda- tion. Should Council not accept this ~ecommeudation and retain title to its one-half Of said closed street, there would be ~o ingress or egress to said property if it followed the City Planning Commissionts recommendation and closed the 75 feet of Madison Avenue upon which the two lots and the ~ity*s one-half of Sth Street (closed) presently front. Accordingly, if Johnson acquires control of said uae-half of 5th 5treat, your committee recommends that the City Planning CommissJon*s recommendation be approved; otherwise, that It be disapproved. Respectfully submitted, S! Arthur $. Owens Arthur So Owens, Chairman (dissent) S/ Roy R. Pollard, Sr. Roy R. Pollard, S/ J. Robert ih*mas J. Robert Thomas S/ Ran 60 Mhittle Ran G. Mhittle# ~90 ~ Mr, Wheeler moved that Council concur in the recommendation or the majority of the committee. The motion was seconded by Mr. Po~lurd, Mr. Stoller stated *but he does not reel the city should be deprived of receiving the full value or that portion of Firth Street which has been closed on account of alleged statements by the City Manager to Mr. Johnson° particularly in view of the fact that the City Haouger dissents from the report or' the committee and obviously does not feel so either, and offered a substitute motion that the City Manager be instructed to notify Mr. Johnson that Council believes the city receive the value of the closed hair of' Fifth Street; I.e., $250,' and that upon his acceptance of this position, a deed mill be given him for that half of Fifth Street adjoining Lot 1, action on the recommendation cf the City Planning Commission that Madison Avenue he closed to be held in abeyance until Mr, Johnson Indicates whether or not he is willing to pay for the' closed portion of Fifth Street, The motion was seconded by Mr, Jones and lost by the f011oming rote: AYES: Messrs. Garlaod, Jones and Stoller ............................. 3, NAYS: Messrs. Pollardo Wheeler and Mayor Dillard ....................... 3. The original motion was then adopted by the following vote: AYES: Messrs, Garland, Pollard, Wheeler and Mayor Dillard .............. 4. -NAYS:, Messrs. Jones and Stoller ........................................ 2. Mr.= Pollard moved that the City Attorney be directed to prepare the proper measure qu~tclaiming unto Mr. Johnson the interest of the city in that portion of Fifth Street in question for the nominal consideration of $1. Yhe motion was seconded by Mr. Wheeler and' unanimously adopted. Mr. Stonier then moved that a public hearing be held at 7:30 p.m., Januar} 4, 1965, on the question of clostog a portion of Madison Avenue, N, E., extending easterly from i~s intersection with the former easterly side of Fifth Street for a distance of 75 feet. The motion was seconded by Mr. Pollard and unanimously adopted SEMERS AND STORM DRAINS: Council having referred to a committee composed of Messrs, Arthur S, Owens, Randolph G, Whittle, Roy L. Mebber and Murray A. Stoller 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 ~reatment of domestic and com- mercial wastes, be amended by adding thereto a tract Of land containing 90,396 sqnar feet lo~ated on th~ north side of Rershberger Road, west of Interstate Spur Sill, the committee submitted a written report, recomneeding that the request be rejected, the committee calling to Counc~lrs attention that provisions for this and similar requests have been made in Section 220 Chapter 7, Title XVII. of The Code of the City of Roanoke, 1956, authorizing the City Manager to enter into written contracts with the owners or occupants of properties located outside the corporate limits, within arabs at the time served with sewage treatment services by the city under any existing contract with Roanoke County, for the transmission and treatment Of said owner's or occupant*s sewage,or other wastes, at a charge of $100 for each unit connection. Mr, Stoller moved thnt Council concur, In the recommendution of the committee and thut the request of the Bourd of Supervisors be denied. The motion mas seconded by Mr° Mheeler and unanimously adopted, Mr, Stoller then moved tbnt the City Monoger be instructed to reject any application ~r t~e owner or occupnnt of said property for permission to connect to the city public sewer system, The City Mnnager, with the concurrence Of the City Attorney, pointed out that unless Section 22 is amended he cannot refuse a proper npplicotion for permission to connect to the cityes public sewer system, Hr. StolleF contended that us long us the city continues to furnish services to county areas annexation Courts will continue to rule that such areas will not benefit from annexation by the city and moved that Section 22, Chapter Title XVII, of The Code of the City of Roanoke, 1956, be repealed, pending the report of a committee appointed to study rutes for sewer and water services to outside of the corporate limits, The motion failed for lack of a second. DNFINISHED BVSINESS: BUDC£T-CITY JAIL: Council at its last regular mn.tin9 having deferred action on a request of Mr. KermJt E. Allman, City Sergeant, that $1,588.66 be appropriated for the purchase of a range and refrigerator for the City Jail, two- thirds of which amount will be reimbursed by the state, the matter was again before the body. In this connection, Mr. Allman appeared before Council to explain the need for the range and refrigerator. Ur. Stoller moved that Council concur in the request and offered the following emergency Ordinance: (z16120) A~ ORDINANCE to amend and recrdain Section #30, 'Jail,# of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2?, page 40?.) Mr. Stoller m~ved the adoption of the Drdinanceo The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Carland, Jones, Pollard, Stoller, Wheeler and Mayor Dillard ...............................6. NAYS: None ........... '-----O. TAIES: Couunil at its ~ast regular meet'lng having deferred action on the majority and minority reports of a committee with regard to granting an exemption on the assessed value of real estate to owners over 65, the matter was again before the body. The following majority report o~ the committee was read: ~Novemher 6, 1964 Roanoke City Council: The undersigned committee appointed September 28. 1964. to con- sider the petition of retired persons seeking a real estate tax exemption submits the following reoommeudation~ Tbet the City or Roaaeke,~effective January 1, 1965e give au ezemption or $450 on the assessed value or real estate to owners over 65 mith o grosslncome leos than ~2eO00. O0 per must be the home o! the omner and have been owned ct least eight years. DBmed on an estlmcted maximum number or cpplicnnts or 2ooooe the maximum cost should be $31,060. OO. (2,000 x $15.53~ 450 x $3.45.) Ir council approves the institution or t~ls recommendation, ue will submit a proposed ordinance and form or ~pplication for th~ credit. Your committee is bi no means certain or the legality or this exemption, but feels that any attack should be made by opponents. Thc basis or our recomuendatioo ls slmpathy mith the petitioners, and a desire to cause then to feel once again · port of u growing progressive City. Respectfully, S/ Robert At Garland (Oissentlnq) Robert A. Garland, (dissenting} S! Janes Et Jones Janes E. Jones S/ Murray A, St,lieF ar, Garland then read the following minority report: ~Committee Report to Mayor Denton O, Dillard and Gentlemen of Council Subject: Dissentin9 Report on real estate tax exemption for the needy over age I have tvie~ to give this matter the most careful thought end consideration at my disposal, It is a question that can easily involve one*s emotions and one not simply resolved, Mhen my friend the Mayor appointed me to this committee he pretty well knew my sentiments in regard to this matter. There were objections voiced when my appointment was made. Even so, ! hope that all of you will believe me mhen i soy that ! went into it mJth an open mind, to weigh the facts as I Sam them and to come to a fair and logical conclusion. By voicing the lone dissenting vote one might the impression that I am against the elderly or the needy or the destitute. Or course, people who know, me. know better. Rhea elected to this office that I now hold, I must necessarily represent all the people, not just one segment of it. A~ a private individual I can allow myself certain flexi- bilities bet as a member of this governing body, sworn to uphold its laws as I see them or interpret them, I must make decisions that many times go against ny conscience or my heart and this Is certainly one of those cases. The committee met~Thursday, night mith representatives of the American Association of Retired Persons and the Railroad Retirement Association, I listened very carefully to the proponents, bat insofar as I can see, no evidence MOS presented that would alter or change my previous position. I shall try to outline my reasoning for this conclusion, 1, ~uestio'n of Legality I~ the opinion Of our own city attorney on direct questioning he s~oted that such a proposal would be illegal. On further investigation of this facet I quote to yon: Constitution of Virginia, Section 183: Property exempt fromtaxatlon, . Only specified types or property are exempt from the power or state and local taxation unless otherwise provided in the Constitution. S~ctionll: Due Process Section 63: The General Assembly of Virginia shall not enact any local special or private laws in the following cases: Exempting property from taxation "95 At best0 such u propotition mould put the city in · - delicate, unsure and questionable position. 2, Adminlstratlon~ Administration costs, red tape, complications nad confusion surrounding such u plan would be numerous. Fortunately people are living longer and the scope or this plan would probably double-in the next five years--hard telling what it, would encompass in the next twenty-fire. 3. Difficulty in estublishmemt of need for exemptions Admittiugly and mnquestlounbly many of our citizens have difficulty in paying their real eatnte taxes, but they also have difficulty in paying other taxes such us income, personal property and others too numerous to mention here. However. this malady is mot Just confined to the elderly or those over sixty-five. The elderly would be the group most adversely affected bat by no means is need or relief confined Just to that one group. I cnn personally cite numerous instances of need, of mama. of destitution among other mushers of our community which I am sure is abvlous to everyone here. Should they nut be included in such a plan? We have many chronically ill and afflicted people living on a limited income; we havepeople with n number of children struggling to mate ends meet. paying their taxes Just ns you and I are, trying to pay for their home. Conversely, hardly any of the retired people are having to support any children; their hones are paid for; their life insurance is usually paid up by this time; their retired income Is virtually free from Federal income.taxation. There are many factors that are in th.iF favor that the rest of our population do not enjoy. #here there is extreme or desperate need, there are several agencies mithin our framework of government to aoccoodate these people. The amount of relief offered by #r. Stoller and Er. Jones would scarcely be enough for those in true need as it would be inconsequential. Horeover, I cannot recall any case, certainly since I hare been un the council, where the city sold a house at auction because of default of payment of taxes and I don't believe they ever Would when a true case of hardship was apparent. 4. Political ramifications: If such a plan Is adopted I visualize every two years during a councilmanic election, candidates using this weapon as a political football, making exaggerated, false and deceitful promises to promote their own elections. It is a question that eau easily become embroiled into local politics. 5. Precedent: AS far as I am able to determine, no municipality in the entire state of Virginia has undergone such a plan. If Roanohe adopts it and should it be held up in the courts, which I seriously doubt, other communities in the,Commonwealth would be pressured Into the adoption of such a plan. It would cost these municipalities many thousands of much needed tax dollars. As far as Roanote is concerned, with budgets increasing every year, many needed capital improvements that have been neglected for so many years, simply cannot afford to lose any of its tax dollars from,any source. However. if this barrier is let down ut this point, other groups will come before this council and future councils begging for certnintax relief. If the council~ should vote to allow this deduction it would then necessarily and abviously have to shift this loss in taxes to another group of our people. Believe me when X tell you that this position that I have taken is a very difficult one as I bare many friends and neighbors in the elderly group and it would have been much easier to have taken the path of least resistance to.go alongwith Br,-Stoller*s and Jones ' proposal but I felt it was basically wrong, Respectfully submitted, S/ Robert A. Garland Robert A. Garland* Mr. Bheeler agreed with Mr. Garland that to grant this request will open the gate to other requests, voicing the opinion that city government should be constant and dependable, not fickle, that when the law says Council cannot do something it should not violate that law, that the body cannot make needed capital improvements and at the same time grant tax exemptions. Mr, A, Au Akers, representing the Roanoke District or the Associatieo of Retired Railroad Employees, ~oiced the opinion that the question of whether or not the tax exemption is legal his not been determined until the court rules on it and urged that Oouncl! conce~ in the m~Jority report of the committee, Mr, atelier then moved that Council concur in the majority report of the committee and that said committee be continued to submit the suggested Ordinance and form of application for credit. The motion Mas seconded by Mr, Jones and adopted by the follomlng vote: AYES: N~sSrSo Jones, Pollard, atelier and Mayor Dillard ............... 4, NAYS: Nessrs, Garland and Wheeler .................................... 2. CONSIDERATION OF CLAIMS: NO~E. INTRODUCTION AND CONSIDERATIO~ OF ORDINANCES AND RESOLUTIONS: BUDGET-PAY PLAN-POLICE DEPARTMENT: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill Certain vacancies in the Police Department since they are of an emergency nature, he presented same; whereupon, Mr. Stellar offered the following Resolution: (o16121) A RESOLUTION authorizing the City Manager to employ certain (For £ull text of Resolution, see Nesolutlon Dook No. 27, page 407.) Mr. Stellar moved the adoption of the Resolution. Zhe motion was seconde* by Mr. Pollard and adopted by the folloming vote: AYES: Messrs, Garland, Jones, Pollard, Stoller, Nheeler and Mayor Dillard ................................ 6. NAYS: None ................. O. ALCOHOLIC BEVERACES-TRAFFIC-~UNICIPAL COURT: Council having directed the City Attorney to prepare the proper measure providing for the appointment of two additional substitute municipal judges at a compensation of $200 per month to handle the issuance of warrants after hours and on weekends and holidays for terms expiring September 30, 1965, he presented same; whereupon, Mr. atelier offered the following emergency Ordinance: (#16122) AN ORDINANCE to amend Chapter 2. *Courts* of Title XI. *Police Force and Courts* of The Code of the City of Roanoke, 1956, by adding a new section thereto, said new section being Sec. l(a); and providing EOF an emergency. (For full text o'f Ordinance, see Ordinance Book No. 27t page 408°) Mr. Stellar moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following rote: AyEs: Messrs. Garland, Jones, Pollard, Stellar, Nheeler and Mayor Dillard ........ ~ .................. G. NAYSi None ................. Oo SEWERS AND STORM DRAINS-MATER DEPARTMENT: Council hating directed the City Attorney to prepare the proper measure appointing a committee of Councilmen to study sewer and Mater rates for areas outside of the corporate limits, he presented same. :95 After ~ discussion of thq matte~o Council being or the opinion t~ut the committee should be coup*ned of Ressrs. Murray A. Stollere Chairman. Robert A. ~arland and James £. Jones. Mro St*lief offered.the following Resolution: (m16123) A RESOLUTION appointing a committee composed entirely of Councilmen to study the mn,er nad semer rates presently imposed by the City on nonresident users; and instructing said committee to report to the Council uhat. if uny. changes it concludes should be made in rates, procedure, etCo (For full text of Resolution. see Resolution Book Ro. 2?. page 409.) Mr. St*lief moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the foil*ming vote: AYES~ Messrs. Garland. Jones. Pollard. Bt*lieF. hheeler nod Mayor Dillard .............................. 6. NAYS: None ..................O, MOYIONS AND MISCELLANEOUS BUSXNESS: MATER DEPARTMENT: Mr. C. F. Kefauver appeared before Council and verball requested that the City of Roanoke furnish mater service to Lot 6. Section 1. Central Park. Mr. St,liar moved that the request be referred to a committee composed of Messrso Roy R. Pollard. SF.. Chairman. Arthur S. Omens. J. Rhlttle for study, report and recommendation to Council. The motion was seconded by Mr. RheeleF and unanimously adopted. ALCOHOLIC BEVERADES-YRAFFXC-MUNXCXPAL COURT: Council having previously voted to appoint two additional substitute municipal Judges for terms expiring September ~0. 1965. Mayor Dillard called for nominations to fill the positions. Mr. St*liar placed in nomination the name of Raymond P. Barnes. There being no further nominations. Mr. Raymond P. Barnes was elected as a Substitute Judge of the Municipal Court for a term ending September 30. 1g$5. by the following vote: FOR MR. BARNES: Messrs. Garland. Jones. Pollard. St*lieF. hheeler and Mayor Dillard ..........~ ............... Mr, Rheeler then placed in nomination the name of Harris S. Blrchfield. There bein9 no further nominations, Mr. Harris S, Btrchfield was elected as a Substitute Judge of the Municipal Court for a term ending September 30. 1965, by the following vote: FOR MR. BIRCHFIELD: Messrs. Garland. Jones. Pollard. St*liar. Rheeler and Mayor Dillard ............................ COUNCIL: Mr. Malter L. Young having resigned as a member of Council effective midnight. November g. 1964. Mayor Dillard called for nominations to fill the vacancy. Mr. Mheeler placed in nomination the name of Clarence E. Pond. There being no further nominations. Mr. Clarence E. Pond mas elected a member of Council for a term ending August 31. 1966. pursuant to provisions of the City Charter. by the following vote: "96 FOR ua, PONO: Ressrs, Garland, Jones, Pollard, Stoller, Wheeler and is/or Dillard ........................... 6, ' On motion or Mr. Pollard, seconded by Hr, 'Jones and aaasimously adopted. the meeting uss adjourned, APPROVED ATYEST: ~ City Glerk Hayor 97 COUNCIL, REGULAR MEETING, Ifooday, Hovember 23, 1964 The Council of the City of Roanoke met la regular meeting ia the Council Chamber ia the Yuuici~sl Building, ¥oudny, November 23, 1964, at 2 p.t** the regain: meeting boar, math Bnyor Dillard presiding. PRESENT: Councilmen Robert A. Garland, James E. Jones, Roy R. Pollard, St** Clarence E. Pond, Murray A. St.lief, Vincent S. Mheeler and Mayor Benton O. Dillard ................................ ABSENTt Noue ................. O, OFFICERS PRESENT: iincanon, Assistant City Attorney, and Mr. J. Robert Th.mum, City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. J. H. Stockman, Pastor, St. Markts Lutheran Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, November 9, 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. COUNCIL: The City Clerk reported that Mr. Clarence H. Fond has qualified n,s a member of Council for a term ending August 31, 1966, to fill a vacancy created by the resignation of Mr. Mai*er L. Young. Mayor Dillard welcomed Mr. Pond on behalf of the other members of Council MILITARY COMPANIES: Mr. James N. Kincanon introduced Lieutenant Command* Richard J. Glannini, Commanding Officer of the U. S. Naval Reserve Training Center. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: Council having previously set a public hearing for 2 .p.m.. Monday, November 23, 1964, on the request of the Roanoke Gas Company that Seventh Street, N. H., between Patton Avenue and Harrison Avenue; also, Harrison Avenue, No E., between Seventh Street and Kimball Avenue, 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 two streets be closed, wash*fore Council: 'October 15, 1964 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above street closing request was considered by the Git! Planning Commission during its regular meeting of October 14, 1964. It was learned that the Roanoke Gas Company desires to have the streets closed in order to develop their properties located on both sides of said streets more feasibly and econm- ically. After comparing this request with the development proposal for this general area prepared by the City Planning Department, it was found that the proposed street closing is in keeping with the proposals of the general plan. It mas also noted that the portions of streets are not needed for general traffic circula- tion in this general area. ~.98 The Flnnning Commission, therefore, recommends to City Council that the above described portions of Harrison Avenue and Seventh Street, more clearly identified on n map prepared under the date of July 1, 1964 by C, B. Malcolm ~ Son, be vacated, discontinued and closede the City retaining easements for public utilities. Very truly yours, '' ' S/ W~rner K, Sensbsch for Henry Ho Roynton · Chairman' The viewers previously appointed, by Council also submitted u written .. report, advising that they have visited end viewed the above described streets and the adjacent neighborhoods and are unanimously of the opinion that no inconvenience would result, either, to any individual or to the public, from vacating, discontinnis and closing said streets. Hr. Frank W. SauedeFs, Attorney, representing the Roanoke Cas Company, appeared before Council In support of the request of his client. No one appearing in opposition to the request. Mr, St*liar moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (=16124) AN ORDINANCE vacating, discontinning and closing ?th Street. N. E.. from its intersection mith the northerly side of Patton Avenue. ~. from the west side of ?th Street. N. £.. westerly for a distance of 299.45 feet along the northerly side thereof (i.e.. from ?th Street. ~. £.t to Kimball Avenue. N. Eo) and for a distance of 299.39 feet along the southerly side thereof, in the City of Roanoke. Virginia. and being more particularly shown on plat of survey prepared by C. B. Malcolm ~ Son. $.C.E*tS. dated dated July 1. 1964. WHEREAS. Roanoke Has Company heretofore made application to the City of Roan*he. Virginia. that the streets hereinafter described be permanently vacated. discontinned and closed after having first posted notice of the intended applicntto as provided by law; and WHEREAS, the Council of the City of Roanoke, Virginia, on the 28thday of September. 1964. adopted Resolution No° 160300 appointing Messrso L. S. Waldrop. Les,er E. St*var. Jr** Mlllinm P. Wallace. J. Harry McBroom and J° Tare McBroom as viewers to view the aforesaid streets and report iff writing, pursuant to the pro- visions of Section 15,1-364 of the Code of Virginia whether in their opinion any, and. if any. what inconvenience would result from discontinuing ,.he same; and WltEHEAS. said viewers did visit and view the aforesaid streets and the adjacent neighborhoods and did report in writing that in their opinion no incon- venience would result either to any individual or to the public from vacating. discontinuln9 and closing said streets; and WHEREAS. this matter has been referred to the Planning Commission of the City of Roanoke. Virginia. which said Commission has approved the permanent vacatin discontinuing and closing of said streets; and '99 NREREA5o a public hearing on the aforesaid application to permanently vacate, discnntfnue and close.said streets was held, after · entice thereof wis duly advertised,in The Roanoke ~orld-Newa ca November 6, 1964. advising the public or the said public hearing before this Council on November 23o 1964, nt 2 p.m., on said day, at which meeting there mos expressed on objection or opposition so vacating, discontlnning and closing said streets; nad RREREAS, in she opinion of this Council, no inconvenience to the public or any owner Mill resuit ir said streets be va:ired, discontinued and closed for abe purposes set forth in the aforesaid application. TflEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginio~ tbnt those certain streets located in the City of Roanoke, Virginia. shown on Sheet No. 301 of the Tax Appraisal Nap of the City of Roanohe, Virginia. and more por- ticularly described as follous, to-wit: ?th Street. N. E** from its intersection with the northerly side of Patton Avenue. N. E** northerly to the north side of side of ?th Street, N. E** mesteFly for a distance of 299.4S feet along the northerly side thereof (i.e.~ from 7th Street, N. to Eimball Ave·ua, N. E.) and for a distance of 299.~9 feet along the southerly side thereof. In the City of Roanoke. Virginia. and being move particulaFly shown on plat of survey prepared by Hal:nlm ~ Son, $.C.Eo*S, dated July 1, 1964. be and the same ave hereby permanently vacated, discontinued and closed and that all right~ tiile and interest of the City of Roanoke, Virginia, and the public in and to the some be and they are hereby released Insofar as the Council is empoaered so to do, the City of Roanoke reserving unto itself, however, · perpetuol easement for sewe~ lines, drains, water lines and other public utilities which may now be located in the aforesaid streets. BE IT FURTHER ORDAINED that the Gity Engineer be and he is hereby directed 'to mark UPermanently Vacated, Discontinued and Closed# said streets on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said streets ore shown, referring'thereon to the hook and page of Ordinanc~ and Resolutions of the Council of t~e City of Roanoke, Virginia, wherein this Ordinance shall be spreld; and the City'Clerk is directed to transmit an attested cop~ hereof to the Clerhof the Uustlngs Court of the City of Roanoke for recordatic in said Clerk*s Office. The motion was seconded by Rr° Nheeler and adopted by the following rote: AVES: Messrs. Garland, Jones, Pollard, ~ond, Stoller, ~heeler and Hayor Dillard .......... ~ ......... NAYS: None ............ ~- .... O. ZONING: Council having previously set a public hearing for 2'p.m., Monday, November 23, 1964, on the request of Mr° Rufus C. Hurt, et ax., that proper! located on the north side of Brambleton Avenue, 5. N., between Red Reck Road and Ashby Street, described as Lots 8, 9 and the southern portion of Lst 10, Block 5, Evergreen Development Company, Official Tax Nos. 1650528, 1650527 and 16505260 be rezoned from General Residence Oistrltt to Onsiness District, the matter was before the body, .loo la this connection the follomlng communication from the City Planning Commission, recommending tbut the request be grunted, wes before Council: *October 15, 1964 .- · The Honorable Denton O, Dillard, Mayor end ~embers of City Council Roanoke, Virginia Gentlemen: The City Planning Commission considered this request iu Its October 14, 1964 meeting. It was learned that Mr. Hurt Is planning to expand his beauty parlor operation end to extend the building beyond adjacent lots. After thorough study of all factors involved and having duly , made field Inspection, the Planning Commission concluded that business use of said properties would constitute a logical extension of au already existing business area amd would not be detrimental to adjacent residential areas. The Planning Commission, therefore, recommends that the above rezonfng request be granted. Very truly,yours, $/ #erner K. Sensbach for Henry fl. Boynton Mr. Claude D, Carter, 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, Stoller moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon Its first reading: (m16125) AN ORDINAhCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have the property described as 2933 Brambletoc Avenue, So w., Roanoke, Virginia, and being all of Lots 8 and 9, and the southern gg. lS feet on the west and 90.89 feet On the east Of Lot 10, said Lots R. g and 10 being in Block 5, Map of the Evergreen Development Company, Incorporated, of record in the Clerk*s Office of the Circuit Court for Roanoke County. Virginia, in Plat Hooh 2, page 88, and further being described as Roanoke City Official Tax Nos. 1650526, 1650527 and 165052~, rezoned from General Residence District to Business District; and RHEHEAS. the City Planning Commission has recommended that the herelnaftel described land be rezoned from General Residence District to Business District; and hHEREAS, notice required by Title XV. Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published tn =The Hannah* Morld-News,# a newspaper published in the City of Roanoke, for the time required by said section; and MHEREAS, the hearing as provided for In said notice was held on the 23rd day of November, 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 he heard both for amd against the proposed rezoning; and 181 BBEREAS, this Council, after considering the, evidence presented, is of the opinion that the hereinafter described lnnd~should be rezoned.. THEREFORE, BE IT ORDAINED bV the Council of the City of Roanoke that Title XV, Chepter 4, Section l,.or The Code or the'City of Roeeoke, 1956, relating to. Zoning, be amended and reennoted in the following particular nad no other, viz.: Property located at 2933 Brnmbleton Avenue, S. M** Roanoke, Virginia, described ns being nil of Lo~8 and 90 end the southern 9g.15 feet on the west and 90.89 feet on the east of Lot 10, said Lots fl, 9 and 10, being in Block S. Hap of the Evergreen Development Company, Incorporated. of record in the Clerk's Office of the Circuit Court for Roanoke County, Virginia, in Plat Book 20 page 88, designated on Sheet 165 of theZonlng Rap as Official Tax Nos. 1650528. 1650527 and 165o526. 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. Pollard and adopted by the following vote: AYES: Bessrs. Garland, Jones, Pollard, Pond. Stoller, Mheeler and Mayor Dillard .........................7. NAYS: None ..................O, ZONING: Council having previously set a public hearing for 2 p.m., Monday, November 25, 1964, on therequest of Mr. Warren L. Baker that property located on the south side of Georgia Avenue, N. E., east of Sixth Street, described as Lots 1-5, inclusive, Block 19, Dean~ood Terrace, Official Tax Nos. 3042501- 3042505, inclusive, 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 15, 1964 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Centl~men: The Planning Commission considered this rezoning request in its October 14, 1964 meeting. Mr. F. Rodney Fitzpatrick, attorney for Br. Baker, informed the Commission that his client is pro- posing to use these lots for commercial purposes. After studying thi~ request, ~he Commission found that the proposed zone change would be in keeping with the land development proposal and that it would not be detrimental to nearby residential uses. The Planning Commission, therefore, recommends that the above described properties be rezoaed from General Residence to Business District. Very truly yours, $/ Werner K. Sensbach for Henry B. Doynton Chairman~ Mr. F. Rodney Fitzpatrick, Attorney, representing the petitioner, appeared before Council in support of the request of his client. 102 , In reply to questioning. Hr. Fitzpatrick. stated that the plans of his client os to the type of besioess to be erected os the property If it is reaDied ore indefinite mt this time, bat that he hopes to erect a smell office building or something mhich,mlll be compatible mith the neighborhood., , No one appearing in opposition to the request for rezoning, Hr. Stolier moved that Council concur in the tacoma*ado*ion of the City Planning Commission and that the following Ordinance be placed upon its first reading~ (w16126) 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. NREREAS. application has been made to the Council of the City of Roanoke to have Lots 1-5, inclusive. Block 19, Mop of Deaamood Terrace, Official Tax Nos. 3042501-3042505, lnclusire, located on the southerly side of Georgia Avenue, N..E.~ west of Sixth Street, N. E., reaoned from General Residence District to Business District; and WHEREAS, the City,Planning Commission has recommended that the her*inDite described land be rezoned from General Residence District to Business District; ~BEREAS, notice required by Title AY. Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in #~he Roanoke World-News,' 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 was held on the 23rd day of November, 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 considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned, YBEREFORE, 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, relatlng to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located on the southerly side of Georgia Avenue, No E., west of Sixth Street, N. E** described as Lots 1=5, inclusive, Block 19, Hap of Deanwood Terrace, designated on Sheet 304 of the Zoning Map as Official Tax Nos. 3042501= 3042505, inclusive, be, and is hereby, changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Pond, Stoller, Wheeler and Rayor Dillard ...................... 7. NAYS: None ................. O. HOUSING-SLUR CLEARANCE: Conneil at its meetieg on Jell I3, 1964, having adopted ~esolation No. 15910, approving the fll'ing of e survey and planning appli- cation by the City of Roanoke Redevelopment and Housing Authority with the Federal 103 Government to defray costs of surveys and planning in the Kimbell Project area, the estimet?d cost being $95,000, Mr. Mllllem S. Hobard, Chairman of the Rousing AptkorJty, appeared before the body, advising that since that date preliminary investigation by consultants end the Urban Reaemal Regional 9ffice in Philadelphia Indicates that the area of detailed study should be reduced with tke northern boundary at Orange Avenue instead of Pocahontas Avenue as originally requested at aa estimated cost of $9805000 Mr. Hubard explaining that the main consideration in this decision is that the topography north of Orapge Avenue, considered with the unusual terrain south or Orange Avenue, may prevent a feasible project, and requesting that Council adopt a Resolution amending Resolution No. 15910. In this connection, a communication from the Director of City Planning, concurring in the request oF the ~ity of Roanohe Redevelopment and Rousing Authority, was before Council. After a discussion of the matter, Mr. Jones questioning the possible loss of federal aid for that portion of a major arterial highway in the area proposed to be eliminated, and Mr. Garland questioning the relatively low reduction in the estimated cost of the survey considering the size of the area proposed to be eliminated, and Hr. Dubard euplaining that the area is being reduced as a matter of expediency with the understanding that various aspects of the project will be considered as they arise, Mr. 5toiler moved that Council concur in the request of the City of Roanohe Redevelopment and Dousing Authority and offered the following Resolution: (~16127) A RESOLUTION amending Resolution No. 15910 as adopted by the Council of the City of Roanohe, Virginia, on July 13, 1964, insofar as it relates to the boundary description therein and reducing the estimated cost from $95,000 to $99,500, all pertaining to Sur~ey and Planning by the City of Roanoke Redevelop- ment and Dousing Authority in such area as authorized by the City Council. (For ful~ text of Resolution, se~ Resoiptton Book No. 27, page 409.) Mr. Stoller moved the adoption Of the Resolution. The motion was seconde¢ by M~. Pollard and adopted by the following vote: AYES: MesSFSo Garland. Jones, Pollard, Pond, 5taller. Rheeler and Msyor Dillard ...................... 7. NAYS: None ................. O. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. Claude D.,Carter. Attorney, representin! Hr. Fred Go Alouf, et nxot requesting that property located at the northeast corner of Meadows Street and Liberty Road. N. N., described as Lots 10. 11 and the .adjoining 10 feet of Lot 1, BlocE 1, Meadow Land. Official Tax Nos. 2071322, 207132: and 2071302, be rezoned from General Residence District to Business District. was before Council. On motion of Rro Jones, seconded by Mr. Stoller and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. 104 REPORTS OF OFFICFiS: BUDG£T-AIRPORT: ,The City Manager submltted*n uritten report, that $50 be transferred from Seas,ut1 Help to Extra Help under Personal Services, Section s89, #Airport,# of the 1964 budget, Mr, St,lieF moved that Council concur in the recommendation of the City Heuuger end offered the following emergency Ordinance: (#1612H) A~ ORDINANCE to amend and reordnin Section ZH9, 'Airport,w of the 1964 Appropriation Ordinance, and providing for un emergency. (For full text of Ordinance, see Ordinance Hook ~o. 27, page 411.) Mr. StoileF moved the adoption of the Ordinance, The motion was sec,nde( by MF, Pollard and adopted by the following vote: AYES: Hessrs. Garland, Jones, Pollard, Pond, Stoller, #heeler and mayor Dillard ......................... 7. NAYS: None ..................O. BUDCET-SNO~ RE~OYAL: The City Manager submitted a written report, trans- mitting a request of the Director of Public Morks that $2,400 be transferred from Operating Supplies and Haterials to Other Equipment - Nem under Section #86, USnom and Ice Removal,' of the 1964 budget, to provide for the purchase of six snom plows. After a discussion of whether the amount should be transferred or appropriated, and Council being of the opinion that the amount should be transferre, Mr. Stoller offered the following emergency Ordinance: (~16129) AN ORDINANCE to a~eud and reordaln Section w86, ~Snow and Ice Removal," of the 1964 Appropriation Ordinance, and providing for an emergency. (For fall text of Ordinance, see Ordinance Hook No. 27, page 412.) Mr. St.lief moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Pollard and adopted by the following vote: AYES:, Messrs. Garland, Jones, Pollard, Pond, Stoller, Bheeler and Halor Dillard .......................... NAYS: None ..................O. BUDGET-DEPARYMENT,OF PUBLIC ~ORKS: The City Manager submitted a written report, transmitting a request of the Director of the Department of Public ~orks that the time clock in the Street and Sewer Division be replaced at an estimated cost of $2?5 and that a new time clock be purchased for the Street Cleaning Divisiol at an estimated cost nf $2?5,-the City Manager recommending that $550 be appropriate for the purchase of two time clocks. Yhe City,Anditor pointing out that-funds are included ia the proposed 1965 bndget for.the pnrchaseof a,time clock tu serve the Street Cleaning Division, ~r. Stoller offered the f. Il.ming emergency Ordinance appropriating $275 to replace the time clock in the Street and Sewer Division: (#16130) AN ORDINANCE to anend and reordain Section a82, ~Street Repair,* of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 412.) "105 Hr, Stoller moved the adoption of the Ordinance, The mo~loo was seconded by ir, Pollard sod adopted by the follomiog vote: AYES: Nessrs, Garland, Jones, Pollard, Pond, Stoller, Nheeler iud lsyor Dlllord ........................-?. NAYs: None .................. O, BHDGET-PAY PLAN: The City Nunager submitted the following report, mending thin he be authorized to Ylll certain vacancies ia various municipal deportuents since they are of on emergency nature: 'Roanoke, Virginia November 23, 1964 To the City Council Roanoke, Virginia Gentlemen: The following employees are needed for the efficient operation of the City, and I would appreciate your authorizing employment. You will observe that there are ns.new employees requested. HEALTH DEPARTMENT - Dental Assistant - Group 14 Clerk-Stenographer - Group 15 X-roy Technician - Group 16 Clinic Helper ~ GFOUp 21 MAYER DEPARTMENT - Filter Operator l ENGIHEERING - Clerk-Stenographer, Group 15, Step 2 Draftsman, Group 10, Step 2 MAINTENANCE OF CITY PROPERYY - One Maintenance Helper, Group 6, Step 1 One Maintenance Laborer, Group 9, Step 1 MUNICIPAL BUILDING - One Janitor, G~oup 20~ Step 1 STREET REPAIR - One 5treat Crew Helper, Group 9, Step 1 SERER AND DRAIN CONSTRUCTION - One Street Crew Helper, Group 9, Step 1 STREET CONSTRUCTION - One Street Crew Helper, Group 9, Step 1 SE~ER MAINTENANCE - Two Street Crew Helpers, Group 9, Step 1 REFUSE COLLECTION AND DISPOSAL - Two Disposal'Laborers. Group 10, Step 1 Also, it ia requested that three additional incinerator operators be employed in.Group 3, Step 1,. and that three disposal laborers be deleted from the budget, There will be no additional employees added. Respectfully submitted, S/ Arthur S. Owens City Managerw Mr. Stoller moved that Council concur in the recommendations of the City Manager nad 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. DEP~RTMENV OF PUBLIC MELFABE: The City Manager submitted a written report, advising that there ia a shortage of certain,items in the surplus commodity food program totaling $605.70 and that under the contract between the City of Roanoke and the Federal Government the city is required to replace the shortage 106 ia food or cash, the City Huaager stating that he prefers to replace the food rather then make u cash settlement nnd suggesting that he be authorized to obtain bids on the Items so that an appropriation, cna be,made for*the actual cost to the city of replacing the food, Hr. Pollard moved that Council concur in the report of the City Hunuger end that he proceed to advertise for bids on the items of food or mbicb there is n shortage, The motion was seconded by Hr, Jones end unenimously adopted, BUDGET-INSURANCE-PARES*AND PLAYGROUNDS-GARBAGE REMOVAL: Council having appropriated $1.598.78 to cover the cost of repairing damages to a bulldozer used at the East Cate Sanitary Landfill caused by vandalism, and having instructed the City Manager to ascertain from the Insurance Advisory Committee whether or not the damage is covered by present insurance of the city. and, if not, to submit · recommendation as to whether or not damage to city eqoipment by vandalism should be covered by.insurance In the future, the City Manager submitted a written report, advising that the damages to the bulldozer were not covered by insurance, that he has caused a survey to be made of fourteen pieces Of equipment valued at $141,000 which he believes should be insured from vandalism at a cost of approximately $705 annually, and, therefore, he has secured insurance o* said equipment *et of available funds which he trusts it will be the pleasure of Council to concur in. · Mr. St*liar moved that Council concur in the report of the City Manager. The motion was seconded by Mr. Jones. Hr. Iheeler voiced the opinion that the infrequent damage to city equipment by vandalism does not j~stify the cost of $705 per year for coverage and offered a substitute notion that the report of the City Manager be filed and that the City Manager be instructed to cancel the insurance. The motion was seconded by Mr. Garland and adopted, Messrs. Jones and St*lief voting no. Hr. Jones then moved that the question of insuring city equipment from damages caused by vandalism be referred to a committee composed of Messrs. Robert A Garland,.Chairman, Roy R. Pollard, Sr., Benton O. Dillard, Bueford B. Thompson, Hurray A. St'oiler and Jack B. Coulter i* connection with its study of the insurance program Of the City of Roanoke. The motion was seconded by Hr. St*lief and unani- mously adopted, TRAFFIC: Council having referred the matter of correcting traffic hazards at certain intersections to the City Manager for action, and, if necessary, to report back to the body, the: City Manager submitted a written report, trans- mitting the following report of the Superintendent of Traffic ~ngineeriug and Communications: NNovember 16, 1964 Mr, Arthur $, Owe*s, City #snarer City of Roan*he, Va. Dear Mr. Owens: In reference to your memorandum of November 13, 1964, I mash to submit the following information relative to traffic conditions at certain locations as requested by City Council on November 4, 1964: ::J.07 £dgewogd StTcet amd Hiideu LuBe. S. M. Complaints arising'at this location can be attributed tO sobstsutlal vehicular traffic using the Edgewood Street cutoff to by puss congestion OR Braadon nad Grandam Avenues, There is a sight clearance problem at this location existing on private property, TbSs creates anxiety on the port of the residents oR Maiden Lone entering the intersection, They ore afraid of being bit by high speed vehicles travelling north on Edgewood Street, Measures adopted in recognition of the problem include pavement murhlngu, stop slgnse dangerous intersection signs and speed limit signs, Additional improvements mill call for physical changes which mill be expensive, Ho unusual amount of speeding has been noted ut this location as compared to other parts of the city, Accident experience is very good in spite of potential hazard, Bos~ Lane and Perslnoer Road. S. M. This is a dogleg intersection existing in a residential problews in sight clearance and geometrics, The d&sign repre- first place, Coeplalnts arise out of high school students tearing through the intersection presumably at high speed. cutting corners, with tires screaming at oil hours of day and night, Accident experience at this location is good in spite of potential hazard, A stop sign stops north bound traffic on problem here is implied although · thorough surveillance Job will most likely result in few or no arrests. I cannot sub- stun*late the complaints made relative to this intersection as no evidence of improper driving has been observed during study periods, Shirley Avenue and Delleville Road, S A small number of accidents hare OCCUrred at this location the past rem lears which investigation shows can be attributed to speeding and failure to yield in conformance with the right hand rule of driving, There is no problem of sight c. learance at this location. Our meager budget does not permit stop signs to be installed at every intersection but by priorities estab- lished in conformance with good traffic engineering practices, The location has been de, signated a possible for signing in 1965, Salem Turnpike ~ Nestside Hlvdtt St M Plaza Shopping Center. The usual complaint is for a traffic signal at this location. There is no sight clearance problem, Traffic control is exercised by a stop sign on Mestside. There for signalizing this intersection, thus complaints are not valid The City Manager pointing out is impossible to assign a police office Salem Avenue and South Jefferson Street os important service, Hr. Pollard moved that the report be ~iled. seconded by Mr. 5toiler and unanimously adopted. This intersection is in the highly congested Central Business District math congestion paramount most of the day. Conflicts here arise out of timing the traffic signals, and especially splitting time between vehicles and pedestrians. Pedestrian peaks caused by General Office employees around 1:00 PM and at 5:00 PM coincide math vehicular peaks resulting in an impossible situation. Your attention is invited to the 1951 report of Howard, Needles, Tammen and Bergendoff on the Hunter Viaduct pointing out o need for a Salem Ayenue pedestrian subway by 1970. A police officer should be regularly assigned to this intersection to work traffic by hand when the capacity Of the signals to handle, traffic is exceeded. Very truly yours, 'S/ James D. S~nk James D. S'lnk. Superintendent Traffic Engineering ~ Comm.u that due to the limitation of personnel It at the intersection of Hunter Viaduct, without the sacrifice of some other lost The motion mas :!:08 AUDIYS-SCROOLSt The City Asditor sebmitted mrittes reports os the exomlsstloo of the records of Forest Park Elemeotory School, Gsrden City Elementsry School end Flshburn Parh Elementary School for the school year ended Jane 30, 1964. sdvislug that nil the records were in order and the stotements of receipts end disbursements reflect recorded transactions for the period end the finonclol condition or the respective funds. On motion of Mr. Nheeler, seconded by Mr. St*lief and unanimously adopted the reports were filed. ZONING: Council having referred to the City Planning Commission for stud report and recommendation a request o~I Hr. 'Carl A. Hontgomery, et ux., that pr*pert located on the east side of Ashby Street, S. N., between Drambleton Avenue and 5ueetbrier Avenue, described os Lot So Block 4, Corbieshum, Official Tax No. 1650801. he rezoned from General Residence District to B.siness Districte the City Planning Commission submitted a written report, recommending that the request be granted. Mr. St*liar moved that a public hearing on the matter be held at 2 pom. o December 20, 1964. The motion was seconded by Mr. Wheeler and unanimously adopted. REPORTS OF COMMITTEES: SXGNS: Council having referred to the City Manager, the City Attorney and the City Planning Commission for study, report and recommendation a request of 5toni*rd ~ Znge, Incorporated, that permission be granted for the erection of two signs in excess of the height limit of 28 feet on ground signs and that Chapter 7, Title XVo of The Code of the City Of Roanoke, 1956, relating to Signs, Awnings and Marquees, be amended OF clarified so that the height limit Of 28 feet will not apply to ground signs, the City Manager and the City Attorney submitted the following report: #Roanoke, Virginia ~ovember g, 1964 To the City Council Roan*he, Virginia Gentlemen: You referred to the below committee o request from Stanford ~ lnge Advertising Agency to permit the erection of two signs in excess of the height limit of 28 feet, which contravenes Section 11 of Chapter ? of Title XV of The Code of the City of After a conference with the Building Commissioner. your committee sees no objection to these signs being erected as ~requested. However. since their erection would contravene the pr*vlsi*ns of the above chapter of the Code, we feel that such permission should be granted through an emergency amendment of that chapter. Accordingly, the City Attorney, after a conference with the Building Commissioner, has prepared an emergency ordinance which, if adopted, would immediately afford the relief requested. Respectfully submitted, S/ Arthur S. Owens Arthur S. Owens S/ Ran G. #hattie Ran G. Mhittle City Planning Commissionu 109 The. City Planning Cosinlssloa submitted the following reports 'November 19, 1964 The Honorable Benton O, Dillard, Mayor and Ifembers of City Council Hoanoke, Virginia Geatlemen~ During its regulor meeting or November lB, 1964 the City Planning Commission considered the request of Antrim Motors, Xncorporated to erect a 44-foot sign on their premises, as well as the recom- mendation of the Commissioner of Buildings to amend portions of the Sign Ordinonce. The Planning Commission is particularly concerned with the affects or the proposed amendment which would permit outright the erection or post signs ned ground signs to the height of 100 feet above ground, The construction of such large predominant structures may have n very disrupting affect upon the visual appearance of the community, For this reason, the Planning Commission wants to study the present amendment, as well as its affects on the community in more detail, A report on the findings of the Commission will be made available to City Council at a later date. In the meantime, the Planning Commission suggests that the Building Commissioner issue a special permit to permit the erection of a 44-foot sign to Antrim Motors. Incorporated. Sincerely yours, S/ ~erner [. S~sbach/h Henry Be Boynton Chairman" In this connection. Hessrs. Hunter H. Akers. rancher T. Turner and Janes L. Chitwood appeared before Council and urged that the Ordinance amending the City Code be adopted. Mr. Roy.C. Kinsey voiced the opinion that the above section of the City Code should DOt be amended. ~r. ~erner K. Sensbach. Director of City Planning, emphasized that the section in question should not be amended until the City Planning Commission has had the oppartunit~ to study the proposed amendment. After a lengthy discussion of the question, l~r. Stoller moved that Counci concur in the recommendation of the City Planning Commission and that the matter be referred to the City Attorney for preparation of the proper measure authorizing the Building Commissioner to issue a special permit for the erection of the two signs. The motion mas'seconded by Hr. Pond and unanimously adopted, Mr. Hheeler then moved that the proposed Ordinance amending and reordainir Section 13, Chapter 7, Title XV, of The Code of the City of Roanoke, 1956. be referz to the City Planning Commission for its information in connection with its study of post signs and ground signs. The motion was seconded by Hr. Stoller'and unanimousl) adopted, HUDGE~CITY GOVERNMENT: Council having informally appointed a committee to study the question of publishing a newspaper supplement showing the citizens of Bean,he how their tax dollar is being spent, the committee submitted the foil,sSi report: 218 1965, en exemption of $450 on the ·ssessed v·lue of reel estate to owners over 65 mith i gross Inn·ne or less then $2,000 per This ordinance is uaw submitted. It Is modeled o· the Baltimore Decease · new year began before the Baltimore ordinance became available, yoer attention is invited to the effective date of the proposed ordinance; January 1, 1966. Your attention is also called to subsection (b) (4) confining the benefits of this ordinance to those morth less than $5,000 exclusive of their home. If th'e ordinance is adopted, the form of application used in Baltimore is now available here and can be used by us to draft Respectfully submitted,' Robert A. Carland, James E. Jones, Hurray A. Stoller, Chairman," In a discussion of the proposed Ordinance, Mr. Garland reiterated his stand tha~ there ore, other groups who are equally in need of tax exemptions and pointed out that Council has not even consulted the Commissioner of the Revenue or the City Treasurer es to ramifications in the implementation of the Ordinance. Mr. Pond expressed concern that the tax exemption mill establish a precedent for a certoin group. Mr. Jones pointed out that these people are recognized by the State and Federal Covevnaents with tax exemptions for being over 65 years of age and for blind·ess. Mr. Pollard voiced the opinion that these people are the forgotten people and that Council should recognize them by grueling the tax exemption. Mr. Nheeler warned that if the tax exemption is granted other groups mill also request Council for tax exemptions. Mayor Dillard pointed out that other cities are competing for aged people and that he feels ~hese people should be encouraged to remain in Roanoke to con- tribute to tis economy. The matter having been discussed at length, Mr. 5taller moved that the folloming Ordinance be place~ upon.its first reading: (c16225) AN ORDINANCE to provide a certain tax credit as to property taxes imposed upon real property in this City, for certain persons mbo are sixty-fit iyeers of age or ove~, and relating generally to the terms and conditions of any such tax credit and to the time It may be granted and to the manner in which it is applied for and granted. DE IT ORDAINED by the Council of the City of Roanoke as folloms: (a} Beginning for taxable periods from and after January 1, 1966, a tax credit is provided as to property taxes imposed upon real {bat not personal) propert~ by the City of Roanoke. '~ovember 19, 1964. To the Council or the Cit~ of Roanoke. Gentlemen: Several months nog you oppoluted the undersigned committee to investigate the possibilities ut the City or Ronuoke~prepsrlng ur baring prepared u unmspopeF supplement us un educational piece to be inserted in our local paper shoulng the citinens or Ronnoke how their tu~ dollar in the city is being spent. This committee hhs met end otter careful consideration is recommending that Council appropriate o maximum of $5,000 in the 1965 budget to cover the cost of printing said publication. This cost include the photographs to be used along with engravings and copra The publication alii contain lmelve pages ut information on the various departments in the city, their responsibilities end their cost to operate said departments. In checking mith other cities it is learned that this has been very well received by the citinens of each ut the respective cities end it has provided the educational means and a better understanding among the citinens as a result of their being better informed ut the cost of government. It is recommended that this report be adopted and referred to the 1965 budget study committee to be included in the 1965 budget. It is further recommended that Hr. Arthur $. Omens. Hr. J. Robert Thomas and Hr. Namer K. gensbach be appointed as a committee to work with thc writers of this publication with Hr. Owens serving as chairman. Farther it is suggested that every erfurt be made to complete the work on this report in order that Jt might be published on or about March i, 1965. Respectfully, S/ Robert A, Garland nfo Robert A. Garland, S/ Vincent St Rheeler Mr. Vincent S. Rheeler, S! James E. Jones Hr. James £. Jones, Chairman. In this connection, a communication from The Star, proposing to prepare. publish and distribute.3$,000 copies of the supplement for $2.990 and to furnish additional copies of the supplement for $16 per thousand, was before Council. A communication from Ford Stephens and Company, proposing an hour-long television *documentary" on the two local television stations simultaneously at an estimated cost of $2,?00, was also before Council. On motion of Mr. Stoller, seconded by Rt. Rheeler and unanimously adopted the question of appropriating $5,000 to inform the citizens of Roanoke how their tax dollar is being spent was referred to 1955 budget study. The motion was seconde by Mr. Rheeler and unanimously adopted. SEWERS AND STORM DRAINS: The committee appointed to tabulate bids received on the construction Of a storm drain on Salem Turnpike. N. W., west of Red Fox Drive, submitted the following report: *Roanoke, Virginia November 23, 1964 TO the City Council Roanoke, Virginia Gentlemen: Bids were opened before City Council on Monday, November 16, 1964, for the construction of a 30' Storm Drain on Salem Turnpike, west of Red Fox Drive. Three bids mere submitted on this work, and the low bidder was Draper Construction Company in the amount of $19.600. The bids have been tabulated and found to be in order. It is recommended, if Council is inclined to do the work, that the contract be awarded to Draper Construction Company in this amount. 111 If this project IS accomplished, it will require an appro- priation o! $18e615 to cover the Draper Contraot usd the fifteen dollars advertising costs, Respectively submitted, S! Vincent S, Rheeler pc Vlucent $, Mheeler Cheirmcn $! Arthur S. Omens Arthur S, Omens City Manager S! R, Cletus Hroyles B, Cletus Broyles Director of Public Ruths' In this connectiou, Mr. Rheeler pointed out that the original estimate of the cost of the project mas $9.$00, After a discussion of plans and specifications for th~ project, Mr. Mheeler moved that the matter be referred bach to the committee for further study mith a view of reducing the cost of said .project, The motion mas seconded by Mr. Pollard and unanimously adopted. BNFINISHED BUSINESS: ZONING: Council at its last regular meeting, in view of the question mhether a tFaet Of land located on the east side of Colonial Avenue, 5, N** in the vicinity of CleoFfield Road, designated as Official Tax No. 1280301, is actuall: zoned General Residence District or Light Industrial District, having instructed the City Manager to suspend temporarily a building permit issued on November 11, 1964, to Bumble Oil ~ Refining Company for the construction of a service station on the property, and, in the meantime, having referred the matter to the City Planning Commission for study,, report and recommendation as to the best use Of said land. the City Manager submit~ed a written report, transmitting a Resolutlon mhich would carry out the instructions of Council to suspend the building permit temporarily and requested that it be adopted. In this connection, the City Planning Commission also submitted the following report: *November 19, 1964 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: During its regular meeting of November lO, 1964 the City Planning Commission studied this rezoning request in the light of the attempt to establish a commercial use on the above-mentioned lot. After thorough study of all land planning factors involved, the Planning Commission determined that the character of the area is residential throughout. In addition, plans are undermay to establish an educational center on City property located on both sides of Colonial Avenne. Considering the existing land use pattern and the proposed development, The Planning Commission concluded that any use other than residential would be detrimental to the general welfare of the community. 11P The City Planning Commission, therefore, recommends.to City Council that portions or the property identified os Official Tox Ho. 1280301, which is presently zoned Light 1odnstrinle should he zoned for Geoerol Residence District* In addition, the property omned by the City of Roanoke, identified ns Official Tax*Ho. 1~80201. of which t strip of lnnd 200 feet deep extending along the trnchs of the Norfolk and Hestern Railway should also be rezoned from Light Industrial to General Residence District. This proposal is consistent ulth the recommendations of the hem toning map presently in preparation. Sincerely yours, S/ Mermer M. Seesbacb/ h Henry B, Boynton Chairmanw In a discussion of the matter. Hr. Robert M. Eagan. Jr., District Manager of the Humble Oil & Refining Company, appeared before Council, advising that during the past week his company bas legally weighed its *position and its legal advice has been that It is well within Its rights in erecting the service station on the tract of land, therefore, it is the hope of the Humble Oil ~ Refining Company that Council will restore those rights. ~r. ~fllfam L. Xartln, Attorney, representing residents of the area. pointed out that when the area was annexed in 1943 there were few houses Jn the neighborhood, but the picture has changed, that he doubts seriously if a building permit issued to someone as an agent who In reality mas the prfflcfpal is legal, and expressed the hope that Council will see fit to abide by the recommendation of the City Planning Commission. After a lengthy discussion of the matter, Hr. Cruller offered the followln Resolution directing the suspension of the building permit until further action of Council: (~16131) A RESOLUTION directing the suspension of Huilding Permit No, 51772 with reference to the use of property designated as Official No, 128-08-01 on the City's Tax Appraisal Map. (For full text of Resolution, see Resolution Uooh No. 27. page 413,) Hr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the fol]oming vote, Messrs. Jones and Pond indicating they are willing to vote for the temporary suspension of the building permit pending receipt of legal information from the City Attorney: AYES: ~essrs. Garland, Jones, Pond, Stoller and Mayor Dillard ......... HAYS: Hr. Wheeler ............................... ~ .............. 1. (Mr, Pollard not voting) Mr. Stoller then moved that a public hearing be held at 2 p.m., December 2~, 1964, on the recommendation of the City Planning Commission that those portions of the tracts of land designated as Official Tax Nos. 1280301 and 1880201 zoned as Light Industrial District he rezoned to General Residence District. The motion failed for lack of a second. Mr. Jones pointed out that Council has directed the City Attorney to examine pertinent maps and Ordinances for the purpose of determining whether or not 113 J the tract of land designated as Official Tax No. 1280501 was properly.~ezoaed for industrial purposes and moved that the City Attorney be Instructed to submit to Council at its next regular meeting on November 30e 1964, the results of his examinat'ion of the maps and Ordinances, and, also, to advise the body whether or not the building permit Issued on November Il, 1964, to Humble Oil and Refining Company mas properly issued. The motion was seconded by Hr. Nheeler and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, Pond end Rheeler ............... NAYS: Hr. Stoller nad Mayor Dillard ...................................2. SCROOLS: Council at its meeting on November 9, 1964, having deferred action on the request of the Advisory Committee of the University of Virginia Center that the City of Roanoke conditionally indicate its willingness to convey to the University of Virginia a 35-acre tract of land on the west side of Colonial Avenue, S. M.. for use of the Roanoke Center. the matter was again before the body. In this connection, the Advisory Committee appeared before Council for a discussion of the matter, with Mr. S. Lewis Lionberger acting as spokesman. In a discussion of the matter, Hr. Stoller raised the question as to wbether or not Highland Park could be used as the site for the Roanoke Center. Mr. James P. Hart. Jr** a member of the Advisory Committee, pointed out that Jefferson High School uses Highland Park for its athletic program. · rs. Earl D. Blair, 3225 ?asley Avenue, S. ~., questioned the city giving away such valuable property, and whether or not Colonial Avenue will be widened, sidewalks installed and a parking lot constructed at the rear of homes of the residents of the area, Mrs. Blair stating that residents of the area are concerned about having a place for their children to play and sufficient space for future expansion of public schools and suggested that consideration be 9ivan to placing the Center on the east side of Colonial Avenue. Hr. Werner Ko Sensbach, Director of City Planning, advised that if an educational center is established on both sides of Colonial Avenue the street will be widened to BO feet and sidewalks will be installed eventually. Mr. Wheeler voiced the opinion that only 20 or 25 acres should be conveye, to the University of Virginia and moved that a proposed draft of Resolution be amended to read 25 acres. Hr. Robert J. Rogers, a member of the Advisory Committee, explaining that 35 acres is the minimum required by the state, the motion offered by Hr. Rheeler Rt. Pollard then moved that the draft of Resolution be amended to read wCity Farm land' instead of mpest house land'. The motion was seconded by #heeler and unanimously adopted. Hr. St*lieF then offered the following Resolution: (u16132) A R~SOLUTION expressing this Councll*s conditional willingness to convey a site on the west side of Colonial Avenue, S. W., out of what is known as the City Farm land, unto the University of Virginia. (For full text of Resolution, see Resolution Book No. 27, page 414o) ;114 Hr, Stoller moved the mdGptlom of the Resolution, The motion was seconde¢ by Mro Garlnmd nod adopted by the follomlng vote: AYES: Messrs, Garlnnd, Jones, Pollard, Pond, Stoller, Mbeeler and Mayor Dillard ..................~ ....~?* NXYS: None .........~ ..... ~--0, PLANNING-~ASTER PLAN: Council at Its meeting on November 9o i964. having deferred action on n request or the City Planning Commission that It approve and 'adopt n Land Use Plan and a Parks'and Open'Space Plan as part of the Master Plan 'of the City of Roanoke, the matter mar again before the body. Mr, Pond noted that Council concur in the recommendation of the City Planning Commission and that the matter be referred to the City Attorney for preparation of the proper measures, The motion was seconded by NFo Stoller and 'unanimously adopted. EUDGET-DEPARTMENT OF FUBLIC NELFARE~ Council at Its last regular meeting having deferred action on a request of the Director of Public Welfare that $1,100 be transferred from Vehicular Equipment - New'and that $900 be transferred from Office Furniture and Equipment - New to Office Furniture and Equipment - Replacemenl under Section a52, "Public Assistance,' of the 1964 budget, to replace 14 obsolete desks, in order that the City Auditor might furnish the body'with inf~rmatlon as to whether or not funds were included in the 1964 budget for the purchase of several new desks for the Department of Public Melfare, the City Auditor submitted a re~ort, advising that funds were included in the 1964 budget for the purchase of three secretarial desks and chairs and seven executive desks and chairs for the After a discussion of the matter, the City Manager assuring Council that the new desRs are needed and recommending that unexpended funds be transferred for the purchase thereof, Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (m16153) AN ORDINANCE to amend and reordain Section m52, 'Public Assis- tance,' of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 414.) Mr. Stoller moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES:' Me**rs. Carland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ....................... 7o NAYS: None ................. O. CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SALE OF PROpERTY-STREETS AND ALLF. YS: Cou'ncJl having directed the City Attorney to prepare the proper measure qnltclaimiog the interest of the City of Roanoke in the eastern portion of Fifth Street, N. Eo, between Madison Avenue and McDowell Avenue, to Mr. Harry G. Johnson, for anominal consideration of $1, he presented same; whereupon, Wt. Wheeler moved that the following Ordinance be placed upOn its first reading: 115 (s16134) AN ORDINAHCE'dlreetlng that the City quitclaim its right, title and interest, if anyi in and to the one-half portion of 5th Street° No K** contlguom to Lot 1. Bloch Bt Ronnohe Land & Improvement Map, to Harry G. Johnson sad wife for a nominal consideration of $1.00. RHEREAS, a majority of this Council°s'Real Estate Committee has recommende in writing, the adoption of this ordinance, in which recommendation this Council concurs. THEREFORE, HE I! ORDAINED by the Council of the City of Eoaaohe that the City Attorney be, and be la hereby, directed to prepare a quitclaim deed pursuant to which the City of Roanohe quitclaims unto.Harry G. Johnson and wife, for the nowlnal consideration of $1.00, the ¢ity*s right, title and interest, if nny there be, in and to that one-half portion of Sth Street. N. E** which is contiguous to Lot 1, Clock H, Roanoke Land ~ Improvement Hap, said Sth Street, N. E** hating been heretofore permanently vacated, discontinued and closed by Ordinance No. 15250, adopted by this Council on the 3rd day of June, 1963; and that the proper City officials be, and they are hereby, authorized and directed to execute the aforesaid deed after the same has been prepared as herein directed and, thereafter, the City Attorney is directed to deliver,he same to the aforesaid Johnsons mi,hunt receivin the nominal consideration hereinabove mentioned. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrso Garland, Pollard, Pond, Nheeler and Mayor Dillard ........5. lqAYS: Messrs. Jones and Stoller ....................................... BUDGET-PAY PLAN: Mayor Dillard pointed out that Section 9 (d) of the Pay Plan provides for the appointment of a Committee composed of members of Council to review the performance and salary of Council appointees; whereupon, Mr. Garland offered the following Resolution: (n16135) A RE$OLOTION appointing the committee contemplated by Section 9 d of the Pay Plan, (For full text of Resolution, see Resolutisn Hugh No. 27, page 415.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrso Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ........................ 7. NAYS: None ................. O. , MOTIONS AND MISCELLANEOUS BUSINESS: CITY AUDITOR: Mayor Dillard brought to the attention of Council the question of appointing a committee to study equipment for the office of the City Auditor, Mr. Wheeler moved that the City Attorney be directed to prepare the propel measure providing for the appointment of a committee composed of Messrs. Robert A. Darland,.Chairman, Roy R. Pollard, St** Clarence E. Pond and J. Robert Thomas to mahe such a study. The motion was seconded by Mr. Stoller and unanimously adopted, 116 TRAFFIC~ Hsyor Dillard pointed out tbnt numerous traffic fines are bela~ collecte~ by.th~ state rather than tko city because Cbspter l, Title ~VIII, or Tbs Code of the City of Rosnoke, 195~, has not been amended to conform to changes in the state laws On motion of HFs Nheeler, seconded by Mr. Fond and unanimously adopted, the City Attorney mas directed to prepare the proper measures unending ~arlous sections of Chapter 1, Title l¥1Zl, of the City Code, to parallel the state law, TRAFFIC-SCHOOLS: Mr. Stoller stated that he has received a communication from a concerned citizen, complaining that the lack of parking facilities at Jefferson High School is most serious, that both William Fleming High School and Patrick Henry .High School have adequate teacher and student parking space, mhlle teachers at Jefferson High School must rent parking space and students must rush out every hour between classes to more their caf or are tempted to rub off the patrolman's mark to keep from getting a parking ticket* and suggesting that a Joint civic effort be made with CaJTary Baptist Church and the Eazlm Temple for use cf their parking Jot by the teachers and that marking students and those living In areas mithout adequate bus service be Issued stickers faf a small fee which would entitle them to park In a two-hour parking zone during school hours. On motion of ~r. StolleF, seconded by Mr. Pond and unanimously adopted, the matter mas referred to the City Manager to ascertain whether or not parking space can he obtained for these teachers and students at no cost to the city and to report back to Council. FARES A~D PLAYGROUNDS: Council having authorized the Fazing of the old library building In Elmwood Park, but having directed that the flagpole in Elmwood Park be left intact, Mr. Stoller stated that since It has been decided to leave the flagpole at its present location he is of the opinion arrangements should be made to hate a flag fiomn therefrom, and moved that the Batter be re[erred to the City Manager for handling. The motion was seconded by Mr. Pollard and unanimously On motion of Hr. Jones, seconded by Hr. Pollard and unanimously adopted, the meeting was adjourned. APPROVED A~EST: /City Clerk Ma/or 117 COUNCIL, REGGLAR MEETING, Wonder, November 30, 1964. The Council of the City of Roanoke met io regular meeting in the Council Chamber in the Menicipal Building, Moedey, November 30, 1964, at 2 p.m** the regulaz meeting hour, mith Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland. James E. Jones, Roy R. Pollard, St** Clarence E. Pond, Murray A. St*lief, Vincent S. Wheeler end Mayor Benton O. Dillard ................................T. ABSENT: None .............. O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Henager, Mr. James N. Kincanon, Assistant City Attorney, and Mr. Jo Robert Thomas, City Auditor. INVOCATION: The meeting was opened mith a prayer by the Reverend L. C. Dickers*n, In*erin Past*r, Connelly Memorial Baptist Church. BEARING OF CITIZENS UPON PUULIC MATTERS: GASOLINE: *Purauant to notice of advertisement for bids on furnishing the automotive gasoline requirements of the City of Roanoke for the period from January 1, 1965, through December 31, 1965, said proposals to be received by the City Clerk until 1:30 p.m., Monday, November 30, 1964, and to be opened at 2:00 p.m., before Council, Mayor Dillard asked if anyone had any questions about the advertisement, and mo representative present raising any question, the Mayor Instructed thc City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: City Mater Fire Bidder Garage Deut. Deptt Regular Premium Regular Premium net p.g.. net p.g. net. p.g. net p,g. American Oil Company $.1150 $.1600 $.1250 ' $.1940 Crown Central Petroleum Corporation .1220 01500 no bid no bid FRei 011 and EqaJpmeot Company. Incorporated .1490 .1640 .1490 .1840 Golf Oil Corporation .1124 .1449 ,1199 .1521 Humble Oil ~ Refining Company .1140 .1470 .1340 .1670 Salem 011Cnmpany, Incorporated .1300 .1765 .1350 .1765 Sinclair Refining Company .1212 .1388 01212 .1388 Texaco, Incorporated .1136 .1449 .1194 .1457 The Atlantic Refining Company .1217 .1467 no bid no bid The Pore Oil Company .1265 .1565 .1365 .1665 Whiting Oil Company .1239 .1614 .1314 .1614 Mr. St*liar moved that the bids be referred to a committee composed of Messrs. Roy R. Pollard, St** Chairman, Arthu~ S. Owens and Bm*ford 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 notion was seconded by Mr. Wheeler and unanimously adopted. ARMORY-STADIUM: Pursuant to notice of advertisement for bids for operatin the concessions at the National Guard Armory for the period beginning January 1, 196 118 a~d ending Jauusry ,i, 1966, said proposals to be received by the City Clerk until 1:30 p.~., Xoadsy, ~ovember 30, 1964, and to be opened at 2:00 p.w., before Ceeacll, ]syor Dillard asked If anyone hsd any questions about the advertisement, end no representative present raising any question, the Mayor Instructed the City Clerk to )roceed with, the opening of the bids. The City Clerh advised that only one bid has been received and opened and ~ead the bid of Mr.. Samuel A. Garrison in the sum of 33 1/3~ of gross sales. Mr. Stoller moved that. the bid b~ referred to a committee composed of.. Hessrs. Robert A. Garland. Chairman, Arthur S. Gmens and Rex T. Mitchell. jr** for study, report and recommendation to Council and that the City Attorney be directed to prepare the proper me,asure accepting the proposal of.#r. Garrison, if the committee so recommends. The motion mas seconded by Hr. Pond and unanimously adopted. PURCHASE OF PROPERTY-GARBAGE REMOYAL: A delegation of citizens appeared before Council, with Hr. Jo E. Dudley, President of the Southeast Civic League. acting as spohesman, and presented a petition signed by 21 citizens, complaining that sometimes garbage is spilled in their yards and at all times the rubbish placed the garbage cans Is left untouched and requesting that large truck garbage and rubbish service be initiated in the alley between Keewo~Houlevavd and Greenbrier Avenue, S. E., in the 1800 bi*ch, which will necessitate the acquisition of a right of way across Lot 14, el*ch 15, garerly Place, Official Tax No. 4320214, or the purchase of the entire lot, from Mr. Lawrence R. Noell, for the sum of $500, in order that a portion of the alley, might be extended from Kenmood Boulevard to Greenbrier Avenue. Mr. Jones moved that the question be referred to o committee composed of Messrs. Arthur S. Owens, Chairman, Randolph Go NbS*tie, J. Robert Thomas and Roy R. Pollard. St., for s~udy, report and recommendation to Council. The motion was seconded by Mr. Pollard and unanimously adopted. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. Hampton W. Thomas, Attorney, representing Mr. Richard R. Hamlet*, et mx., requesting that a ?.26-acre tract of land located nt the west end of Rest*vet Avenue, S. N., designated as Official Tax No. 1521001, be fez*fled from General Heslden~ District to Special Residence District. was before Council. Oe motion Of Mr. Jonest seconded by Mr. Pollard and unanimously adopted. the request was referred to the City Planning Commission for study, repert and recommendation to Council. TAXES: A communication from Mr. Jack A. Pitman. co,plaShing.that he has been refused a corrected statement of his 1964 personal property taxes and requestin9 that he be furnished such statement, was before Council. On motion of Mr. St*Ilar, seconded by Mr. Pond and unanimously adopted, the matter was referred to the Commissioner of the Revenue with.the request that he furnish Mr. Pitman the corrected statement. 119 REPORTS OF OFFICERS: SDDGET-JUYENILE AND OORESTIC RELATIONS COURT: The City Manager submitted a written report, recommending that $20 be transferred from Food, Redical and Housekeeping Supplies to Travel Expense and Edneatiol under Section m230 'Juvenile and Domestic Relations Court,m of the 1964 budget. Hr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u16136) AN.ORDINANCE to amend and reordain Section s23, "Juvenile and Domestic Relations Court,w of the 1964 Appropriation Ordlnence, and providing for an emergencF, (For full text of Ordinance, see Ordinance Book No. UT, page 420.) Hr. Stoller moved the adoption of the Ordinance. The motion mos seconded by Hr. Rheeler and adopted bi the following vote: AYES: Messrs. Garland, Jones, Pollard. Pond. Stoller, Rheeler and Mayor Dillard .......................... NAYS: Hone ..................O. BUDGET-PAY PLAN: The City Ranager submitted a written report, recom- mending that $10,000 be appropriated to Overtime Pay Under Job Classification under Section =]65, 'Overtime Pay and Salary and Wage Adjustments Under Job ClasslfJcatlol Plan,' of the 1964 budget, to meet the needs for the balance of the year. Hr. Stoller noted that Council concur in the recommendation of the City M~nager and offered the following emergency Ordinance: (nl613T} AN ORDINANCE to amend and reordaln Section Zl6S, ~Overtfme Pay and Salary and Wage Adjustments Under Job Classification Plan.~ of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinaoce Book No. UT, page 420.) Hr. Stoller moved the adoption of the Ordinance. The motion was seconded by Hr. Pollard and adopted by the following vote:. AYES: Ressrs. Garland, Jones, Pqllard. Pond, Stoller, Wheeler and Mayor Dillard .......................... NAYS: None ................ O. BUDGET-PAY PLAN: The City Manager submitted the following report, recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: WRoanoke, Virginia November 30, 1964 To the City Council Roanoke, Virginia Gentlemen: The following employees are needed for the efficient operation of the City Government: WATER DEPARTMENT Delinquent Accoonts Clerk, Group 17, Step 1 Laborer Group 10, Step 1 PURCHASING AGENT Clerk-Steonographer. Group 15 Respectfully submitted, S/ Arthur S. Omens City Menu 1.20 Mr, Jones moved that Council concur it the recommendations or the City Manager end that the matter:be referred to the City Attorney for preparation of the proper measure. The motion mas seconded by Mr, Gorlaud and aUanlmonsl! adopte¢ BUDGET-LIBRARIES: The City Mannger submitted n written report, advising that the Roanoke Public Library Baird has been able tO secure the services or Hr, Eduln Cnstagna, Director or the Enoch Pratt Free Library, Baltimore, Maryland, and President or the Aoericau Library Association, to speak at the dedication or the new Mllliamson Road Branch Library on December 13, 19640 and that the Library Board has requested.an appropriation or $194.20 to cover travel expenses and honorarium of Mr. Castognao In a discussion of the request, Mr. Jones voiced the opinion that a speaker for the dedication can be secured in the Roanoke Vicinity without charge and the money spent for the purchase of new books for the branch library, that to grant this request.may open.the door to similar requests in the future dedication al public buildings. Hr. Stoller voiced the opinion that the dedication shpuld be in conformit with the scope of the new branch library and the library system of Roanoke as a whole. Mayor Dillard questioned the action of the Library Board in .securing the services of Mr. Castagna before Obtaining an appropriation from Council. Mr. ~heeler moved that Council concur in the request of the Library Board and offered the following emergency Ordinance: (mlGta6) AN ORDINANCE to amend and reordain Section #121, *Libraries,u of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 421.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Stoller, Wheeler and Mayor · Dillard ......... = .......~ ..... '7' ...... 6, NAYS: Mr, Jones ...............I. REPORTS: Yhe City Manager submitted a written report, transmittin9 a report of the Department of Public Welfare for the month of July. 1964, and listing other monthly departmental reports on file in his office. On motion Of Hr. Nheeler, seconded by Mr. Pollard and unanimously adopted, the report was filed. CITY ~UDIYOR: The City Auditor submitted a financial report of the City of Roanuke for the month of October, 1964. On motion of Mr. Wheeler, seconded by Mr. Pond and unanimously adopted, the report mas filed. REPORYS OF COMMITTEES; CITY GOVERNMENT-CLERK OF THE COURTS-CITY AUDITOR: Council having appointed a committee to study m*lcrofilmin5 cf records in the office of the Clerk of the Co.:ts and the office of the City Auditor. the committee submitted the following interim report dealing with the office, of the Clerk of the Courts: 121 .'November 24, 1964, Tko Cococll et tko City of Roono~e, Roanoke, Virginia. Gentlemen: Your Committee appointed on April 13, 19~4 to stud! the quesSioe or tke use of micro-film for permanent records ia abe City Government mith 8 viem or iooveoslng operating efficiency and reducing storage space requirements and the expense et suck space, submits this interim report dealing with the Office of the Clerk of the Courts. After a general survey of the problems, me concluded.that the area needing the most immediate attention is the Office of the Clerk of Courts. Consequently, we have made a detailed study of that office and, based thereon, offer the following recommendations: 1. TAut the Clerk of the Courts install micro-filming equip- charters, partnership papers, delinquent land lists, miscellaneous liens, Commissioners' accounts, mills, judgment li~ns and miscellaneous minor items; amd 2. That, in order to transfer the existing records to micro- film. the services orncommercial agency be obtained to prepare films on approximately 1,650 record books containing in excess of 600,000 pages, after which the Clerk will be able to maintain current records on micro-film wish his onn personnel and equipment, except that the film used by the CIeF~ In micro-filming records be processed by · commercial In order to place these recommendations In effect it will be one Fender-printer and filler equipment for micro-film records at an estimated cost or $?.$00.00. For transferring old records to micro-film, it will be necessary to constant uJth a commercial agency for micro-filming approximatel! 600,000 pages or old record books at an estimated cost or $15.000. Purchases and contracts would be made through the City's normal proceedings. Your committee estimated thus miscellaneous items of expense will be approximately $2,500, making a total estimated cost for transfer to the micro-filming process of $25,000 during the year 1965. This estimate does not Include operating sopplles for the Clerk of the Courts in his current operations. These costs are provided in his 1965 Budget and your committee believes at this time that the budget provisions are adequate. If Council agrees with this committee and provides funds for the recommendations set out above, the result mill be,that macy bolky permanent dead storage area, thereby providing space for,current of attorneys and other persons,who use these records daily. Included in the 1965 Budget now before Council afc funds for construction o~ such a storage area at ~untclpol Stadium. ~hfs committee considers that this storage area Is a vital necessJW. Your committee is continuing its stody of ,other city departments will submit further reports at such times as its studies Justify Respectfully Submitted, 5! Rurray A. Stellar S/ Nalker R. Carter Nalker R. Carter S/ ~urroy Ao Foster Rurray A. Foster S! Arthur S. Owens Arthur S, Omens S/ J. Robert Thomas 122 .In th;s connection, Hr. isaac Me Andrews, representing the Trasco Compnnyo voiced the opinion that microfilming city records will save the city money and that it would be more economical to Initiate the systeb in ali city deportments instead of Just one. After o discussion of the'question, Nrc Pollard Stated that he would like to give further thought to the recommendations or the committee and moved that the matter he referred to 1965 budget study. ~he motion was seconded ~y Mr. Jones and unanimously adopted. WATER DEPARTMENT: Council having referred to a committee composed of Hessrs. Roy R. Pollard, Sr.. Chairman, Arthur S. Owens, ~. A. Hrogan and Randolph G, Whlttl~,for study, report and recommendation, n request of Mr. C. F. Kefauver that the City of Roanoke furnish water service to Lot 6, Section 1, Central Park. the committee submitted a written report, advising that in order to serve the lot under existing rules and regulations of the MateF Department, Mr. Kefauver would have to install not less than 670 feet of H-inch main in Dent Road, N. U.. west of Rilliamson Road, at a cost probably greater than the value of the lot, and recommended that Ur. Kefauver he granted permission to install a private line from a meter to be located in Darby Road along the south side of Lot S to Lot 6 In violation'of the rules and regulations of the Rater Department. Mr. Pollard moved that Council concur in the recommendation of the committee and that the matter be refer~ed to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Jones and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: ~ONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 16124, vacating, discontinuing and closing Seventh Street, N. E., between Patton Avenue and Harrison Avenue, and Harrison Avenue, N. E., between Seventh StTe~t and Kimball Avenue, having prevlousl 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: (~16124) AN ORDINANCE vacating, discontinuing and closing ?th Street, N. E., from its intersection with the northerly side of Patton Avenue, N. H., northerly to the north side of Harrison Avenue, N. E., and Harrison Avenue, N. E., from the west side of 7th Street, N. E., westerly for a distance of 299.45 feet along the nor(herly side thereof (i.e** from 7th Street, N. £., to Kimball Avenue. N. E.) and for a distance of 299.39'feet along the southerly side thereof, in the City of Roanoke, Virginia, and being more particularly shown on plat of survey prepared by C. B. Malcolm ~ Son, S.C.E. es. dated July 1o 1964. (For full text of Ordinance, see Ordinance Hook No. 27, page 415.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopt'ed by the following vote: '1'23 AYES: Messrs, Garland, )ones, Pollard. Pond, St*lief, Nheeler and Mayor Dillard .........................?, NAYS: None ..................O, ZONING: Ordinance No, 16125, rezoaing property located on the north side of Dranbleton Avenue,.S. N,, between Red Rock Road and Ashby Street, described Low6, 9 and the southern portion of Lot lO, BI*ca Official Tax Nos. 1650520, 165052? and 1650526, from General Residence District · to Ousiness District, having previously been before Council for its first .reading, read nnd laid over, was again before the body0 Mr. Nheeler offering the fallowing for its second reading and final adoption: (~16125) 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. (For full text of Ordinance, see Ordinance Boo~ No. 27, page 417.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES:. Messrs. Garland, Jones, Pollard. Pond, St*lief, Wheeler and Mayor Dillard .......................... 7. /~YS: None ..................O. ZONING: Ordinance No. 16126, fez*nan9 property located on the south. side of Oeorgia Avenue, N. E.. west of Sixth 5treat, described as Lots 1-5. inclusive. Block 19. Deanwood Terrace, Official Vax Nos. 3042501-3042505, inclusive, from General Residence District to Dusiness District, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Stoller offering the foil*win9 for its second reading and final adoption: (~16L26) AN ORDINANC~ to amend and reenact Title XV, Chapter 4. Section 1, of The Code of the City of Roanoke, 1956, in rqlation to Zoning. (For full text of Ordinance. see Ordinance Book No. 27, page 418o) Mr. Stellar moved the adoption of .the Ordinance. The motion was seconded hy Mr. Pond and adopted by the foil*wing vote: AYES: Messrs. Garland. Jones, Pollard, Pond, St*liar. Nheeler and Mayor Dillard-~-~ ....... ~ ....~ ..... 7. NAYS: None ................ SALE OF PROPERTy-STREETS AND ALLEYS: Ordinance ~o. 16134, directing that the City of Roanoke quitclaim its right, title and interest, if any, in and to tbe one-bnl~ portion of Fifth Street. N. E.. contiguous to Lot 1, Block B. Roanoke Land and Improvement Map? Official Tax No. 20ZlO01, located oq the north side of Madison Avenue. N. E** to Mr. Harry G. Johnson. et ax., for a nominal consideration of $1, 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: : I24 (s16134), AN 0RDIJqANCE directing that t~e City qnitclaim its right, title nnd fnteresto if any, fa and to tie one-half portion of Stb Street, N. E., comtlguol to Lot 1, Block D, Roanoke Land & Improvement Map, to Harry G. Johnson and mire rot I nominal consideration or $1,00. (For, rail temt of Ordinance, see Ordinance Book Ha., 2?, page 419.) MF. Wheeler moved the adoption of the Ordinance. ~he motion mas seconded by MF. Pollard end adopted by the following vote: AYES: Hessrs. Gar!and, Pollard, Pond, Wheeler and Mayor Dillard ....... 5. NAYS: Messrs. Jones and Stoller ........... ~ ......................... 2. BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in vaFious municipal departments since they are of an emergency nature, the City Attorney presented same; mhereapon, Mr. Stoller offercd the following Resolution: (m16139) A RESOLUTION authorizing the City Homager to employ certain personnel. (For full temt of Resolution, see Resolution Uook No. 27, page 421.) Mr. Stellar muted the adoption of the Resolution. The motion mas by Ir. Pollard and adopted by the following vote: AYES: lasers. Garland, Jones, Pollard, ~ondt Stellar, #heeler and M3yor Dillard ......................... · NAYS: None .................. O. In this connection, Mr. Stellar offered the following emergency Ordinance deleting thFee disposal laborers and adding three incineratoF operators undeF Personal Services, Section zgy, ~Refuse Collection and Disposal,# of the 1964 budget: · (~16140), AN OROINANCE to amend and reordain Section ~97, ~Refuse Collection and Disposal,w of Lhe 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 422.) ir. StolleF moved the adoption of the Ordinance. The motion was seconded by ir. Pollard and adopted by th~ following vote:. AYES: Messrs. Garland, Jonea, Pollardr Pond, Stellar. #heeler and Mayor Dillard .......................... NAYS: None .................. O. CIT~ AUDITOR: Council having directed the City Attorney to prepare the propeF measure appointing a committee ,to ma~e a study of equipment in the office of the City Auditor, the City Attorney presented same; whereupon, IF. Stellar offered the following Resolution: . (~16141) A RESCLUTION appointing a committee to make a study of eqaipmen needs of the office of the City Auditor. (For full temt of Resolution. see Resolution.Rook NO. 2T,-page 422.) In having the services rendered by the office of the City Physician evaluated and mas informed that the only uny this could be done would be to have thc State Department of Health make a survey. Mr. Si,lieF guying that ~he City Attorney be directed to prepare the proper measure requesting the State Department of Health to survey and evaluate the present services being rendered by the office of the City Physician as compared with other cities at no cost to the City of Roanoke. The motion mas seconded by Mr. Pollard and unanimously adopted. MUNICIPAL COURT: The City Clerk reported that Mr. Harris S. Hirchfield and Mr. Raymond P. Barnes bare qualified as Substitute Judges of the Municipal Court for terms ending September 30, lg6S. On motion of Mr. ~heeler, seconded by Hr. Pond and unanimously udopted, the report mas filed. HEALTH DEPART#ENT: Mayor Dillard caIled attention to the fact t~at a vacancy exists on the Housin9 and Hygiene Hoard due to the death of Drown and culled for nominutions to fill said vacancy. Hr. Stoller placed in nomination the name of A. Byron Smith. There being no further ~ominations. Mr. A. Hyron Smith was elected as a member of the Housing and Hygiene Board to fill t~e unexpired term of Mr. Eugene S. Brown. deceased, said term ending Jaounry 31. 1965. by the following vote: FOR MR. SMITH: Messrs. Garland. Jones. Pollard. Pond. Si,liar. Wheeler and Mayor Dillard .............................. HEALTH DEPARTMENT: Mr. G. Frank Clement having resigned as a member of the Housing and Hygiene Board. Mayor Dillard called for nominations to fill the vacancy. Mr. Garland placed in nomination the name of Frank H. Mandy. There being no further nominations. Mr. Frank H. Mundy was elected as a member of the Housing and Hygiene Board to fill the unexpired term of Mr. Go Frank Clement. resigned, said term ending January 31. 1966. by the Following vote: FOR MR. MUND¥: Messrs. Garland. Jones. Pollard. Pond. Si.liar. ~heeler and Mayor Dillard ......................... RECREATION DEPARTMENT-PARKS ANH PLAYGROUNDS: Council having appointed a committee to study the plans for ,nd the location of a civic center in the northwes section Of the City of Roanoke. Mayor Dillard called attention to a vacancy on the committee due to the death of Mr. Eugene S. Brown. -&25 ;'126 Hr, Stoller mgved tbet eot of respect to the service reoder~d bi Mr, Brown ns a member of the coanlttee prior to his death the recency remnin get,linde The notion uss seconded by Hr. Jo~es end n~enlaou~ly odopt~d, On motion o! HF, Jones, seconded by Hr, Pollard and unanimously edopted. the meeting nas adjourned. APPROVED ATTEST: t27 COUNCIL, REGULAR MEETING, Monday, December T, 1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, December 7, 1964, at 7;30 p,m** uith Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, Jenes R. Jones, Roy R. Pollard, St** Cleren~e E. Pond. Murray A, 5toiler, Vincent 5, Mheeler and Mayor Benton O. Dillard ................................. 7. ABSENT: Nqne .................On OFFICERS PRESENT: Mr° Arthur So Omens, City Manager, Mr. James N. Kincanon, Assistant City Attorney, end Mr. Jo Robert Thomas, City Auditor° INVOCATION: The meeting was opened with · prayer by the Reverend R. R. Stone, Pastor, May*fly Place Baptist Church. MINUTES: Copy of the minntes of the regular meetiog held on Monday, November 16, 1964, having been furnished each member of Council. o~ motion of Mr. Stall*r, seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. REARING OF CITIZENS UPON PUBLIC MATTERS: SEWERS AND STORM DRAINS: Council, acting as a committee of the whole, having coadocted a public hearing at 7:30 p.m., December 7, 1964, on the apportion- ment of costs and estimated amounts of assessments on abutting property onners in connection with the construction of an 6-inch sanitary sewer main to serve a portion of the Jackson Park and Lilyview Subdivisions south of Orange Ay*non and east of Tinker Creek, at which hearing the only citizen appearing was Mr. N. E. Cundiff who spoke in favor of the project, and the committee, at the request of the City ManageE having deleted on estimated assessment of $541o3B against Lots 3-6, inclusive, Blocl Il, Glen Falls, standing in the name of the Society for the Prevention of Cruelty to Animals, from the project, because the property is already served by a sewer at the rear of the lots. and the committee, on motion of Mr. Wheeler, Seconded by Hr. Pollard and unanimously adopted, having approved the apportionment of costs and "Roanoke, ¥irglala December 7, 1964 The Council of the City of Roanoke Gentlemen: The undersigned committee, appointed by Ordinance No. 16075 and directed to ascertain and report to the Council, after proper public hearing, the proper apportionment and assessment of the total cost of the aforesaid pnblic improvement, reports the followi~g: The undersigned committee caused a notice of its public hearing to be published In a local newspaper on November 7, 1964, *ed Hovember 14, 1964, the pobllcherOs certificate of said peblicotlo·, together with o copy of the notice so published being nt~eched to this report, marked '£xhfbit Thereafter, and ·t the tine and place appointed il sold notice, your committee met and conducted: · pebllc hearing provided by Article 2, Chapter.2*. Title 15 of the Code of Virginia os amended for the purpose of ascertaining and reporting to, the Cguncil the proper assesswent or apportionment of the total cost of such improvement between the City and the landowners abutting on end served by said improvement, affording to each end every landowner appearing or being represented nt said hearing an opportunity to show cause if uny they could, against such assessment or apportionment. Hheresftev, and'said committee havi~g estimated the total cost of the construction of the public sewer lines to serve the properties abutting those portions of Eastern Avenue, N. E** and Wallace Avenue, N, E., set out in Ordinance No. 16075 aforesaid, and having apportioned the total estimated cost of said sewer project between the City and the property owners capable of being served by said public improvement, have further ascertained and do hereby report upon ~Enclnsure Ae attached to and made a part of this report, the estimated amounts of the ledivldual~assessments to be made upon each of the properties abutting on said improvement and upon their respective owners. nh*refute, your committee respectfully recommends tha~ the Council, by ordinance, provide for the docketing in the Clerk*s Office of the Hustings Court of the City of Roanoke, as provided by law, of an abstract of Couflcll's said ordinance authorizing such improvement and showing the ownership and location of the properties to be affected by the improvement and estimated amount that will be assessed against or apportioned to each landowner affected by said improvement, the same to be indexed in the name of the respective owners of said properties. S/ Denton O, Dillard Benton O. Dillard, Chairman S~..Robert At Garland Hubert A. 6hyland S! James E, Jones James E. Jones S! Roy R, Pollard, Ir, Soy R. Pollard. Ir. S/. Murray At Stoller Murray A. Stoller S/, Vincent St Wheeler Vincent $. Nheeler S/ Clarence E. Pond Clarence E. Pond" mittee and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. St,liar and unanimously adopted. PETITIONS AND COHHUNICATIONS: POLICE DEPARTMENT: A communication from Mr. Wa Frnnk Smyth. Jr** Direct* Division of Corr'ectlons of the Department of Nelfare and Institutions. transmitting a report on an inspection of the police lookup by the Division on November 16. 1964. was before Council. On motion of Mr. Smaller, seconded by Mr. Wheeler and unanimously adopted, the communication and report were filed. CITY JAIL: A communication from Mr. H. 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 November 16, 1964, was before Council. On notion of'Hr. Stoller, seconded by Mr. Mheelor and unanimously adopiedl the comuunicalioa end report were flied. ' HAGES-CITy EHI~OYEE~: A petition signed by 183 ~mploy~os Of the Mater, Garage, Maintenance, Street Cleaning end Sanitation Departments, requesting thai their pay period be changed from semi-monthly to every inn weeks, was before Council On notion of Hr. Pollard, seconded by Hr. Pond and unanimously adopted, the melter was referred (o 196S budget study. AIRI~RT: A communication from Hr. E. M. Yaughl, tendering hfs resfgautfod as a member of the Airport Comnitiee ns a re~ult of moving out of the city, was before Council. Hr. Sloller moved that lhe resignation he accepied and that the filling of the vacancy be taken under advisement. The mo(ion was seconded by Mr. Mheeier and unanimously adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending that street lights be Installed at the corner of Sunset Avenue and Twentieth Street N. E** mud at the corner Of Sunset Avenue and Eighteen(h Street, N. Mr, Stoller moved tbat'Council concur in the recommendation of the City Manager and offered the following Resolulion: (m16142) A RESOLUTION authoriaing the installation of street lights at various locations in the City of Roanoke, (For full text of Resolution, see Resolution Rook No. 27, page 423.) Mr. Stoller moved the adoption of the Resolution. The motion was seconde by Hr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ......................... ~YS: None .................. O. BUDgET~LIBRARIES: The City Mauager submitted a written report, recom- mending that ~400 be transferred ~rom Other Equipment - New to Dtilitles under Section ~121. *Libraries.* of the '1964 budget, Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~1~143) AN ORDINANCE to amend and reordaln Section mi21, *Libraries,* o£ the 19&~ Appropriation Ordinance, and providing for au (For full text of Ordinance, see Ordinance Book No. 27, page 423°) Mr. Stol'let moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the folloming vote: AYES: Heasrs, 6arland, Jones, Pollard, Pond, Stoller, ~heeler and Mayor Dillard ..... % .................. NAYS: None ..................O. BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written report, recommending that ~1,500 be transferred from Fees for Professional and Special · ~129 · 130 Services to Utilities under Section x40o 'Health Depnrtmeut,' and that $15 be transferred from Operating Supplies nnd #uterfuls to Motor Fuel mud Lubrfcents under Section n98. 'Fly, Mosquito und Rodent Control,' of the 1964 budget. Mr. Stellar moved that Council concur in the recommendation of the City Manager and offered the folio.lng emergency Ordinance: (m16144i AN ORDINANCE to amend and reorduln Section n40, 'Health Depart- sent,' end Section n98, 'Fly. Mosquito and Rodent Control,' of the 1964 Approprintic Ordinance, and providing for an emergency. (Fur full text of Ordinance, see Ordinance Rooh No. 27, page 424.) Mr. Stellar moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and ndupted by the following vote: ATES: Messrs. Garland, Jones, Pollard, Pond, Stoller, ~heeler and Mayor Dillard ................. NAYS: None ..................O, BUDGEToMATER DEPARTMENT: The City Manager submitted a written report, recommending that $1,500 be transferred from Fees for Professional and Special Services under Section #290. 'Distribution and Transmission,' and that ~SO0 be transferred from Miscellaneous under Section #340, 'Non-Operating Expense** to Utilities under Section :290, "Distribution and Transmission,' of the 1964 ~ater Department budget; also, that $3,000 be transferred from Miscellaneous under Secti¢~ ~340, "Non-Operating Expense,' to Terminal Leave under Section n330, "Appropriation for Salary and Mag* Adjustment Under Job Classification," Mr, Stoller moved that Go.ncil concur in the recommendation of the City Manager and offered the followi~ emergency Ordinance: (;16145) AN ORDINANCE to amend and reordain certain sections of the 1964 Mater Fund Appropriation Ordinance. and providing for an emer9ency. (For full text of Ordinance, see Ordinance Rook No. 27, page 424,) Mr. Stoller moved the adoption of the Ordinance. The motion sas seconded by Mr, Rheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, ~heeler and Mayor Dillard ....................... T* NAYS: None ..................O. BUDGET-PAY PLAN: The City Manager submitted the followin9 report, recom- mending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: 'Roanoke, Virginia December T, 1964 To the City Council Roanoke, Virginia Gentlemen: The following employees are needed for the efficient operation of the City Government, There are no nee employees uithin the group and I have ascertained that in each case the employee is needed. MUNICIPAL BUILDING - One Janitor, Group 20, Step 1 M£PUSG COLL~CTIOH ~ DISPOSAL - Tmo Dump Truckers II, Group T, Step 1 SEMER G DRAIN CONSTRUCTION - One Street Crum Helper, Group 9, Step l 5ERER MAINT£~AHCE - One Street Crew Helper. Group 9, Step 1 £NGINOEMI~G - One Chainman, Group 17, Step 1 Respectfully submitted, S! Arthur S. Omens City Manager" Hr. 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 proper measure. The motion mas seconded by Mr. Mheeler and unanimously adopted, MATER DEPARTMENT: The City Manager submitted · written report, advising that be feels the city should protect its property located on the west side of South Jefferson Street, south of Riley Drive, designated as Official Tax ~o. 1041002, either by the erection of · fence along the southern boundary thereof at an estimated cost of $131 or the installation of a curb at an estimated cost of $300° Hr. Stoller moved that the City Xanoger be authorized to install the curb out of arailable funds. The motion was seconded by Mr. Pollard and unanimously adopted. PLA~HE~G: The Ctty ~auager submitted a Nrftteu report, advising that on Hovember 26, 1964, be submitted to the Housing and Home Fluauce Agency the 'Hotkable Program for Community Improvement of the City of Roanoke~ described as H-1082, and recommended that Council adopt a Resolution concurring in the repoFt. Mr. Stoller muted that Council concur in the recommendation of the City Hanager and offeFed the following Resolution: (e16146) A RESOLUTI0~ concuFring Jn a report of the City Manager of a current Review of Progress UndeF the Workable Program for Community Improvement, made fOF the City of Roanohe. (POP full text of Resolution, see Resolution Book Ho. 27. page 425.) Hr. Stoller moved the adoption of the Resolution. The motion was seconde~ by HF. Iheeler and adopted by the following vote: AYES: Messrso Garland, looms, Pollard, Pond, Stoller, WheeleF and Hayor Dillard .......................... To HAYS: Hone ................. O. TUBERCULOSIS SANATOHIUH: The City Manager submitted a written report, advising thor the three-lear lease of Hessrs. Max A. and M. Kent Murray, trading as Murray Orchards, for approximately 62 acres of land at Coyner Springs, at a total rental of $$10, expires December31, 1964, and recommended that the lease be renamed for au0tb~r three years under the same terms and conditions. Hr. Pollard moved that Council concur In the recommendation of the City Homager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Pond and unanimously adopted. 132 APPALACHIAN POWER CON'ANY: The City Manager submitted · mritten report, advising that the Appalachian rower Company ham agreed to test rubber protective equipment used by the city of Roanoke in the handling of its electrical mire, machinery and equipment ut no, cost to the city, provided the city enters into an agreement to save the Appalachian Power Cowpnny harmless by reason of the failure of the equipment after is has been tested, and recommended that the city enter into such an agreement. Mr. Smaller 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 Hr, Pond and unanimously adopted. STREETS AND ALLEYS-WATER OEPART#ENT: Council having previously referred a recommendation of the City Sunager that the city accept certain streets in the Roanoke Industrial Center as public thoroeghfares back to the City Manager for a detailed study and preparation of a map shaming the metes and bounds of the streets to be dedicated as public thoroughfares, the City Manager submitted a written report pointing out that this will take some time and that in the meanwhile it is his recommendation thLt the body authorize un additional 6-inch connection between the existing 12-inch water main, which crosses Roanoke River via the Riverland Road Bridge into Industrial Development and Investment Company property, and the westerl end of an existing 8-Inch water main parallel and adjacent to Roanoke River, with a view of reducing if not eliminating the danger of the fronting of the bridged section of the 12-ineh main during extremely cold weather; however, it will be necessary for Council to grant the proper authority to obtain the necessary In a discussion of the matter, Mr. Wheeler voiced the opinion that the City Manager should proceed with the preparation of the metes and bounds descrip- tions so that the streets can be dedicated without delay, thereby eliminating the necessity for the easement. The City Manager assuring Council that the easement will follow the COUrSe Of one of the streets to be dedicated, 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. Stoller and unanimously adopted. APPOINTMENtS-HEALTH DEPARTMENT: The City Manager submitted a written report advising that he has reappointed Messrs. Jack C. Smith, Flave 5. Baird and Prank Jo Sherertz as members of the Advisory Commission on Public Solicitation for terms of two years each beginning January 1, 1965. On motion of Mr. Pollard, seconded by Mr. Pond and unanimously adopted, the report was received and filed. FIRE DEPARTMENT-POLICE DEPARTMENT: The City Manager submitted the following report on changes in the personnel of the Fire Department and the Police Department during the month df Wovember, 1964: ., :133 'Roanoke, Virginia December 7, 1964 To the City Council Rounohe,'Vlrglnin' During the month or November, the roll.wing changes &ere made in the fire department mud the police department: 'Fire *During the month of November, 1964, the foil*ming pers6nnel changes occurred: RETIRED: Captain Marshall #. East EMPLOYED: Barry A. Shaver' *Police 'The following were sworn In as police officers during the month of November, 1964. Marcellus A. Edmards, Jr. 010 #adison Avenue, N. M. Raymond L. Lair*on, Sr. 1540 Aspen Street, N. John Mo Fields 502 18th Street. S. E. 'The following person resigned: Glenn W. Rollins 2539 Brambleton Avenue, S. Yhis report is in conformity with sections 21, 31 and 32 of the City Charter. Respectfully submitted. S/ Arthur $. Owens City Manager" On motion of Mr, Pollard, seconded by Mr. Jones and unanimously adopted* the report was received and filed. REPORTS: The City Manager submitted a written report, transmittln9 a report of the Department of Public Nelfare for the months of August and September, 1964, and listing other monthly d~partmental reports on file in his office. On motion of Mr. Stoller, seconded by Mr. Pollard and unanimously adopted, the report was received and filed. PARKS AND pLAYGROUNDS-STATE HIGHRAYS: The City Manager submitted a written report, advising that the city has now acquired all of the land needed in Roanoke County for the development of the Mill Mountain-Blue Ridge Parkway Project with the exception of five relatively small, parcels, and recommended that Council authorize the City Attorney to bring condemnation proceedings on each of the five parcels of land and obtain a right o~ entry thereon. Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~16147) A RESOLUTION relating to the City's acqaisitfon of the remainfn¢ parcels of land needed for the development of the Mill Mountain--Blue Ridge Parkway project. (For full text of Resolntion, see Resolution Book No. 2?, page 425.) :!84 Mr. Mkeeler moved the adoptioo of the Resolution, The m,Lion mas se,,nde by Mr, St,lief and adopted by the follomlog vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St,lief, Nheeler end Mayor Dillord .......................... NAYS: None ................. O, AUDITS-SCHOOLS: The City Auditor submitted written reports on an examination of the records of the Grandln Court Elementary School, the Calmer Elementary School and the Highland Park Elementary School for the year ended June 30. 1964, advising that all the records were In order end the statements of receipts and disbursements reflect recorded transactions for the period end the financial condition of the fund. On motion of Hr. Nheelero seconded by Hr. Pollard and unanimousll adopted, the reports mere received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND HESOLUTIONS: SIGNS: Council having directed'tbs City Attorney to prepare the proper measure granting permission for the erection by Stanford ~ lags, Incorporated, of tm, signs in excess of the height limit of 20 feet on ground signs, he presented · same; mhereupon, Mr. St.lief offered the f. Il,ming Resolution: (#16148) A RESOLUTION authorizing the issuance of a special permit for the erection of certain signs not exceeding 44 feet in height on certain premises in the City, subject to all other requirements and conditions of Chapter 7, Title IV, of The Code of the City of Roanoke, 1956, (For full text of Resolution, see Resolution Book No. 27, page 427.) Mr. St,liar moved the adoption of the Resolution. Tbs'motion was se¢onde~ by Mr. #heeler and adopted by the f. Il.ming vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Nheeler and Mayor Dillard .........................7* NAYS: None ..................O. PLANNING-PARKS AND PLAYGROUNDS: Council having direc ted the City Attorney to prepare the proper measure approving and adopting a Parks and Open Space Plan as part of the Master Plan of the City of Roanoke, he presented same. In a discussion of the matter, Mr. Jones pointed out that the plan provides for several swimming pools in the city and that he does not feel the city should be in the swimming pool business; also, that the report pinpoints the locations of future parks and playgrounds and he is agraid if Council approves the plan it might be held to it in the future. The Assistant City Attorney explaining that the plan Is a guide to go by mhich tbs city has not had before, that it bi,ds Council until the body changes the plan, but that Council can change it, Mr. St.lief offered the f,Il,ming Res.lotion: ;135 (a16149), A RESOLGTION approving · plan. for Parks, Playgrounds and Open Spaces adopted by the City Planning COmmission ns a part of the nester plan for the City of Roanoke. (For full text of Resolution, see Resolution Rook No. 2?, page 428.) Mr. Stoller moved the adoption of the Resolution. The motion was second~ by Mr. Mheeler end adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Hsyor Dillard ....................... NAYS: None ..................O, PLANNING: Council having directed the City Attorney to prepare the prop~ measure approving and adopting a Land Use Plan as part of the Master Plan of the City of Roanoke~ hepresented same: mhereupon, Mr. Mheeler offered the follonlng Resolution: (~16150) A RESOLUTION approving a Land Development Plan nod a Land Use Plan adopted by the City Planning Commission ns e part of the master plan for the City of Roanoke. (For full text of Resolution, see Resolution Book No. 27, page 42B,) Mr. Mheeler moved the adoption of the Resolution, The motion was $econde* by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard .......................... 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 ore of an emergency nature, he presented some; mhereupon, Mr. Stoller offered the following Resolution: (w16151) A RESOLUTION authorizing the City Manager to employ certain personnel., (For full text of Resolution, see Resolution Cook No. RY, page 42g.) Mr. Stoller moved the adoption Of the Resolution. The motion was seconde~ by Mr. Pollard and adopted by the following vote: AYES: Masaru. 'Garland, Jones, Pollard, Pond, Stoller. Mheeler end Mayor Dillard .........................7. NAYS: None ..................O. WATER DEPARTMENT: Council, having directed the City Attorney to prepare the proper measure permitting Mr. C. F. £efauver to make an exception to the existing rules and regulations of the Mater Department with regard to furnishing water service to Lot 6, Block l, Section 1, Central Park, he presented same; whereupon, Mr. Mheeler offered the following Resolution: (~16152) A RESOLUTION authorizing the extension of water service to Lot 6, Block 1, according to the Map of Central Park, Section 1, outside the corporate limits of the City. (For full text of Resolution, see Resolution Book No. 27, page d30.) Mr. Wheeler moved the adoption of the Resolution. The motion mas seconde, by Mr. Pond and adopted by the following vote: 136 - AYES: Messr~, Gnrlsod, 3dues, Pollard, Pond, Stoller, Wheeler tad IoTor Dlllord ........................ ?* ALSYS: None .................O, WEALV~ DEPAWTMENT-DEPARTMENT OF PUBLIC WELFARE: Coancil having directed the City Attorney to prepare the proper measure reqsesting the Department of Wealth or the Commonwealth of Virginia to survey and evaluate the present services beiog rendered by the or(ice of the City Physician us c~mpared with other cities at no cost to the city, he presented same; whereupon, Hr, Stoller offered the following Resolution: (x16153) A RESOLUTION relating to the City Physician Department provided for in Chapter 2, Title X. of the Code of the City of Roanoheo (For full text of Resolution. see Resolution Book No. 27, page 431.) Mr. Stoller moved the adoption of the Resolution. The motion was seconde( by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7, NAYS:, None .................. O. MOTIONS AND MISCELLANEOUS BUSINESS: PARKS AND PLAYGROUNDS: Dr. C, I. Cornell appeared before Council, advisin that he made an informal suggestion several years ago mhen he was a member of Counc! that the city freeze over its paved tennis courts in the winter time when the weather is cold enough in order to permit ice skating, but that thesuggestion has not been carried out, Dr. Cornell suggesting that the city experiment with one tennis court this winter. On motion of Mr. Stoller, seconded by Mr. Wheeler and unanimously adopted, the matter was referred to the City Manager for investigation and ~eport to Council, BUDGET-FIRE DEPARTMENT: Council having referred the question of abolishin No. 4 Engine Co~pany located at No. 4 Fire Station. 323 Highland Avenue, S. W., to 1q65 budget study, Mayor Dillard pointed out that the body has tentatively agreed to abandon the fire station and raised the question of converting the station into a Civic and Youth Center. In this connection. Mr. Rex P. Stuart appeared before Council and expressed the hope that if the body decides to abandon the fire statioo it will retain the property nnd find some use for it rather than selling it. Mr. Garland moved that the matter be referred to. the City Planning Com- mission for study and report to Council as to whether or not the fire. station can be used by the city for other purposes as expeditiously as possible. The motion was seconded by Mr. 5toiler and unanimously adopte~. BUDGET-DEPARTMENT OF PUBLIC WORKS: Mr. Stoller pointed out that the question of the policy of the city with regard to heavy motorized equipment has been discussed in budget study and moved that the matter be referred to a committee composed of Messrs. Clarence E. Pond, Chairman, Roy R. Pollard. St., and Robert A. Garland for stn~y and report to Council with its recommendations as to whether or 137 not any changes in the existing policy are necessary. The motion moa seconded by Hr. Garland end unMans,wily adopted. HEALTH DEPARTMENT: The City Clerk reported that Mr. Frank B. Mnndy has qualified ns · member of the Housing and Hygiene Hoard to fill the unexpired term or Mr. G. Frank Clement. resigned, said term ending Jnnnnry 31. 1966. On motion.of Mr. Pollard. seconded by Mr. Pond nnd unanimously adopted. the report wes received end filed. PLANNIHG: Ynyor Dillard pointed out that the term of Mr. Vincent Rheeler ns a member of the Roanoke Valley Regional Planning Commission expires December 31. 1964. end called for ·omlaations to fill the pending vacancy. Mr. Pollard placed in nominatio· the name or Vincent $. Rheelero There being no further ri,airman,ns. Hr. Vincent $. Wheeler was reelected as n member of the Roanoke Valley Regional Planning Commission for a term of three years beginning January 1. 1965. by the following vote~ FOR MR. ~HEELER: Messrs. Garland. Jones. Pollard. Pond. Stoller and Mayor Dillard ........................... NOT ¥OTIN6: Mr. Mheeler ........ AIR POLLUTION CONTMOL: Mayer Dillard pointed out that thy term of Mr. Fred K. Prosier as a member of the Advisory and Appeal Hoard. Air Pollution Control. expires December 31. 1964. and called for nominations to fill the pending vacancy. Mr. Si,lief placed in nomination the name of Fred K. PFOSSeF. There being no further nominations. Hr. Fred K. Prosier was reelected as a member of the Advisory and Appeal Hoard. Air Pollution Control. for a term of four years begin·lng January 1. 1965. by the following vote: FOR HR. PROSIER: Messrs. Garland. Jones. Pollard. Pond. Stoller. Wheeler and Mayor Dillard ........................ T. PLANNING: Mayor Dillard pointed out that the terms of Messrs. Henry Boyaton, David Dicks Harold ~. Hill and Julian H. Martin ns members of the City Planning Co~ission expire December 31, 1964, and called for nominations to fill the pending vacancies. Mr. ~heeler placed in nomination the name of Henry H. Hoynton, Hr. Pond placed in nomination the name of David Dick. Mr. Garland placed in nomination the name of Harold ~. Hill. Mr. Stoller placed in nomination the name of Julian H. Martin. FOR, MESSRS. BOYNTON, DICK, HILL AND MARTIN: Messr s, Garland, Jones, Pollard, Pond, Stoller, Nheeler and Mayor Dillard ........................ T. STADIO#: Mayor Dillord pointed oat tkot the terms of Messvs, Abney Boxley, C, £, Cuddyt M, flolliog Izardo Richard ¢o Stephensoa, MIIIIam P, Sxevtn~ Jr,. and E, Price Rlpley, President of the Roanoke Toechdomn Clubs ns members of the Stadium Advisory Committee expire December 3It 1964, and called for aominotloas to fill the vacancies. Mr, #heeler placed in'nomination the neee of Abaey S, Roxley. Mr. Stoller placed in nomination the name of C, £o Cuddy, Mr. Pond placed In nomination the name of V. Rolling lzerd, Mr. Pollard placed ia nomination the name or Richard C. Stephenson. Mr, Garland placed in oomleatJon the name of Mllllam P; Smartz, Jr, Hr° Jones placed in nomination the nome of John A. lelley, incoming President of the Roanoke Touchdomn Club, There being no farther nominations. Messrs. Abney S, Boxley, C. E, Caddy, M. Rolling Izard, Richard C. Stephenson and Hilllam P. Smartz, Jr** mere reelected as members of the Stadium Advisory Committee for terms of two lears each beginning January 1, 1965, and Hr. John A° Kelley mas elected as a member of the Stadium Adrisory Committee for a term of one year beginning Jannary Ii 1965, by the following vote: FOR MESSRS. BOXLE¥, CUDD¥, IZARD, STEPHENSON, SNARTZ AND KELLEY: MessFso Garland, Jones, Pollard, Pond, Stoller, Rheelerand Mayor Dillard ................ On motion of Mr. Jones, seconded by Mr. Stoller and unanimously adoptedt the meeting mas adjourned, APPROVED ATT]EST: / City Clerk , Mayor '13'9 COUNCIL, REGULAR MEETING, Monday, December 14. 1964. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, MoudaF, December 14. 1964. at 2 p.m** the regulal meeting hour, ulth Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, Janes £. Jones, Roy R. Pollard, Sro, Clarence E. Pond. #arroy A.,Stoller, Vincent S. #heeler and Mayor Senton O. Dillard ...................~ ........... ?. ABSENT: None ................ O. OFFICERS PRESENT: Mr. Arthur S. OMens, City Manager, Hr. Janes N. Mlncnnon, Assistant City Attorney, amd Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Roy Smith, Retired Presbyterian Minister. MINUTES: Copies of the minutes of the regular meeting held on Monday, November 23, 1964. and the regular meeting held on Monday, November 30, 1964, having been furnished each member of Council, on motion of Hr. Stoller, seconded b~ Mr. Pond and unanimously adopted, the reading thereof was dispensed mlth and the minutes approved as recorded, ACTS OF ACKNOWLEDGMENT: Vhe City Manager submitted a communication, advising that on December 7, 1964, while the meeting of Council was in session, · an incident occurred In which Eeaneth Lee Simmons, III. distinguished himself in the rescue Of two young children out of a burning house trailer located in the Palmer Park section, near Tinier Creek, and that he feels the body will want to mahe some special recognition of the action of this fourteen year old boy. Mr. Pollard offered the following Resolution citing Eeuneth Lee Simmons, IIX, for his courageous action: (=16154) A RESOLUTION citing Kenneth Lee Simmons, ill. for certain courageous acts performed near the City of Roanohe, Virginia, on December 7, 1964. (For full t~xt of Resolution, see Resolution Book NO. 27, page 431.) Mr. Pollard moved the adoption of the Resolution. The motion was seconde by each member of Council os well as the Mayor and adopted by the following vote: AVES: Messrso Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ......................... 7. NAYS: None .................O. Mayor Dillard pointed out that the idea of the Resolution originated with Mr. James N. Eincnnon, Assistant City Attorney, and asked Mr. £inoanon to read and present to yoaog Simmons, who was present at the meeting withhis parents, a framed copy of the Resolution. Mr. T. T. Moore, President of the Roanoke Chamber of Commerce, presented the boy with a framed copy of a,citatJon for extreme heroism from the Fire Preven- tion Committee of the Chamber of Commerce and n $100 savings 'bond. :.140 Mr. Joseph D. Montini Vice President, Bonck and Compenyt Incorporated, -advised that his company would lihe to present n check of $100 to young Simons to be used toward tn educational fund. The boy and his parents expressed their deep appreolution for the actions BEARING OF CITIZENS UPON PUBLIC MATTERS: ADVERTISIBG-CITY GOVERNMENT: Pursuant to notice of advertisement for bids on advertising the City of Roanoke. Virgiuie,.said proposals to be received by the City Clerk until 1:30 p.m., Monday, December 14, 1964, and to be opened ut 2~00 p~m., before Council, Mayor Dillard asked if anyone had any questions about In this connection, Mr. Joseph D. Mastin, Vice President, Bouck and Company, Incorporated, stated that his f Arm has submitted tmo. bids, Bid A covering the producing of a film which In Its opinion constitutes the type of advertising the members of Council had in mind, and Bid B covering the percentage charged as required by. the advertisement for bids, Mayor Dillard then instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read bids from Ford Stephens and Company, Houck and Company, Incorporated, Perdue Cinema Service and C, N, Snead Advertising Agency, Incorporated. Mr. 5toller moved that Council refer the bids to a committee composed of Messrs. James E. Jones° Chairman. Vincent S. Wheeler, Robert A. Garlano and Arthur S, Owens for study, report and recommendation to Council, the City Attorney to prepare the proper measure accepting the successful bid, if the committee so recommends. The motion was seconded by Mr. Pollard and unanimously adopted. Later daring the meeting, Mr, Jshn W. Creasy, representing Associated Advertising of Roanoke, Incorporated, appeared before Council and requested per- mission tn file a proposal suggesting methods of advertising the City of Roanoke. Mr, Stellar.moved that Council receive the proposal and refer it to the Council being of the opinion that the proposal should not be received inasmuch as the bids have already been opened and that Mr. Creasy can submit his suggestions to the,committee if he so desires, the motion of Mr. Stellar failed for lack of a second. SEWERS AND STORM BRAINS: Pursuant to notice of advertisement for bids on the construction of a storm drain on Ninth Street and Morgan Avenue, So E., in the vicinity of Buena Vista Boulevard, said proposals to be received by the City Clerk until I pom., Monday, December 14, 1964, and to be opened,at 2 p.mo, before Conncll 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: 141 L Draper Construction Company - $ 9,537,50 Hudgins & Pace - 11,030,00 Moore Hrothers Cowpany,~ucorpornted - 17,050.00 Mr. Hheeler moved that the bids be referred to n committee composed cf Messrs, Clarence E. Fond, Chairman, James E, Jones nnd H. Cletus. Hroyles for tabulation and report to Conncll, the City Attcroey to prepare the proper measure accepting the proposal cf the lowest responsible bidder. The motion was seconded by Mr, Garland and unanimously adopted, MUNICIPAL BUILDING: Pursuant to notice of advertisement for bids on furnishing and installing air conditioning and ventilation systems in the Municipal Building, said proposals to be received by the City Clerk.until 1:30 p.w., Monday, December 14, 1964, and to be opened at 2 p.m., before Council, Hayor Dillard asked ir 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: Alternate Bidder ItemA Item B Item C (Items A-C~ Bud Meaver Heating ~ Air Conditioning Co. $3.571.O0 $3,679.35 $2,602.50 $ 9,637.95 Johnston-Vest Electric Corporation 4,230.00 4,418.00 2,868.00 ll,2fl§.O0 BhitescaFver Engineering Co., Inc. 5,668.00 §,991.00 3,837o00 15,$91.00 Mr. Stoller moved that the bids be referred to a committee composed of Messrs, Janes E. Jones. ChaJrman,-Robert A. Garland and Vincent. S. Rbeeler for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of. the lowest responsible bidder. The notion uaw seconded by Hr. Pond and unanimously adopted. PETITIONS AND COMMUNICATIONS: PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council Raving rejected an offer of Mr. C. L. Wertz to sell to the City of Roanoke for a net price of sgtso0 a 1,70?-ocre tract of land located on the southeast corner of Salem Turnpike and Thirty-sixth Street, N. W., adjacent to the Fairview Elementary School, copy of a communication from Mr. Wertz, addressed to Mayor Dillard, offering to sell the property for $9,500, was before the body. Mr, Stoller moved that the offer 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, Garland. Mr. Hheeler offered a substitute motion that the offer be rejected. The motion was seconded by Mr. Pollard and adopted, Hess£s. Garland and Stoller voting no. DEPARTMENT OF PUBLXG MELI~ARE: A communication from Hr**Cectl Simmons. requesting permission to sing on the streets until Christmas to supplement his inadequate income, was before Council. :1'42 It appearing that granting the request moald be in violation o! the GiW Code, Nv, ~toller moved that the commnnlcntioa be flied, The motion mas seconded by Jr, Gtrlnnd nad unanimously adopted. SCHOOLS: A communication from Hr, Roy L, Webber. Chairman of the Roanoke City School Board, trnasmitting n progress report.on the Wanpomer Development end Training Program. mos before Council, Mr. Wheeler moved that the report be flied and that Council express its appreciation to the School Board for the lot,ran,ion contained therein. The motion mas seconded by Mr. Stoller nnd ununimonsly adopted. , BDOGET-$GHOOLS: A communication from Mr. A. F, Fisher, Clerh of the Roanoke City School Board, advising that the School Board has upproved.n Junior high school athletic program on nn experimental basis for one year at a cost of $8.640, contingent upon funds being made available by Council, that SHT3 of the amount is already available for the month of December, but that it mill be necessary to transfer or appropriate the balance of $8.065 In the proposed budget for 1965, and requesting that the body give favorable consideration to this program and make funds available for this purpose, was before Council. It appearing that Council has already approved the transfer of the $8.065 In budget study sessions, Mr. St,lieF moved that Council approve the junior high school athletic program for the month of December and for 1965. The motion was seconded by Mr. Pood and unanimously adopted. UUDGET-SCHOOLS.: ~he following communication from the Roanoke City School Boarde requesting certain transfers in the School Budget, mas before Council: "December 10, 1964 To the Honorable Mayor and Members of City Council City of Roanoke. Virginia Gentlemen: The Roanoke City School Board at its meeting December 4, 1964, requested City Council to make the following transfers of f~ads l~ the 1964 budget in order to complete its operations for the calendar year 1964: Amount From' $ 900.00 llO0-Personal Services 145,00 llO0-Personal Services 2,900.00 2100-Personal Services 500.00 ll-lO0-Personal Services 4,900.00 2100-Personal Services 245.46 5100-Personal Services T._~o 1300-Postage, Telephone, Telegrams , 1800-Administrative Travel 2200-Instructional Supplies 2300-Textbook s 2890-Uducational Tele- vision 5?O0-Transpor tat ion by Contract 75.60 5600-Payments in lieu of 5700-Transportation by Transportation Contract 330.00 6400-Fuel for Heat 6500-Gas 143 $ 220,00 6400-Fuel for Best l.SO0. O0 2100-Personal Services I.TO0. O0 6100-Perm,ecl Services 1.000.00 9100-Perm,ecl Services 500,00 2100-Personal Services 450.00 8600-1nsurnuce 6600-Mater ?lO0-Persoool Services ?lO0-Persouel Services ?lO0-Personul Services 7400-Bepnir C Upkeep of Buildings & Equipment O4OO-Retirement System Contribution 1,156.00 ll-lO0-Personol Services 8500-Social Security (Others) 515.00 9200-Supplies gooo-Storage 200.00 g200-Supplies g850-Upkeep ~ Operation of Trucks 260,00 9200-Supplies 9900-Contingencies Travel Yours very truly. S/ A. Fo Fisher A. F. Fisher. Business Banager and Clerk of the Board' In a discussion of the matter. Br. Jones questioned the transfer of an additional $4,900 for educational television, pointing out that Council only approved $15.000 for this purpose in the 1964 budget. Mr. Roy L. Rabbet. Chairman of the Roanoke City School Board. who was present at the meeting, explained that the $4,900 represents matching funds from the Federal Government for money used out of the Ford Foundation to purchase television sets. In reply to a question by Mr. Jones as to why the $4.900 was not used to reduce the maximum of $15.000 authorized by Council. Mr. Webber explained that the federal funds could not be used ~or this purpose. Mr. Stoller then moved that Council concur in the request of the School Board and offered the following emergency Ordinance: (~16155) AN ORDINANCE 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 432.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Wessrs. Garland. Jones. Pollard. Pond. Stall,r. Wheeler and Mayor Dillard ......................... NAYS: None ..................O, BUDCET-$CBOOLS: The following communication from the Roanoke City School Board, requesting the transfer of funds for ingrade salary increases under the Pay Plan was before Council: WDecember 10. 1964 To ~he Ban.ruble Wayor and Members of City Coancil City of Roanoke, Virginia Gentlemen: Included in the 13-000 series (unclasslfied) of the 1964 school budget under 13-101 is $18,000,00 for COTS ingrade salary 144 iucreuses, It mas intended that this be distributed to the various series of the budget os granted daring 1964, COTS salary adjustments have beea granted by the School fluur~ daring 1964 in accorduace with the city*s pay plan. You ore hereby respectfully requested to mike the following' transfers, which will be in accord with the Bourdts action on lcgrsde salary increases to date: ~uoynt Fro! 945,00 13-101-Ingrade Salary Increases 3,lift,IS 13-101-lngrade Salary Increases ST. SO 13-101-Ingrade Salary Increases 45,00 13-101-1ngvade Salary Increases 5.g68.TS 13-101-1ngrude Salary Increases 2,032.28 13-101-Ingrade Salary Increases 4,324.00 13-101-lngrade Salary Increases llO0-Personcl Services 2100-Personal Services 3100oPersounl Seryices 4100-Personal Services 6100-Personal Services ?lO0-Personal Services 9100-Personal Services S/ A. F, Fisher and Clerk of the Boardm Br. Stoller moved thit Council concur in the reqoest of the School Board and offered the following emergency Ordinance: (~16156) AN ORDINAWCE 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 433°) Br. Stoller moved the adoption of the Ordinance. The motion was seconded by Br. Wheeler and adopted by the follomiug vote: AYES: Ressrso Garland, Jones, Pollard, Pond, Stoller, Rheeler and Bayor Dillard .......................... NAYS: None ..................O. ZONING: A communication from Rr. T. L. Plunkett, Jr.. Attorney, represent hug Rt. and Rrs. J. £o Whitehead, requesting that property located on the west side of Colonial Avenue. So W., in the vicinity of Broadway, described as p~rts of Lots 1-5, inclusive, Block 3, Winona Addition. Official Tax Nos. 1260311 and 1260312, be rezoned from General Residence District to Business District, was before Council. On motion of Rr. Pollard, seconded by Rro Wheeler and unanimously adopted, the request was referred to the City Planning Commission for study, ~eport and REPORTS OF OFFICERS: STREET LIGHTS: The City Nanager submitted a mrltten report, recommending that a street light be installed in the 2200 block of Edgerton Avenue, S. E., Br. Stoller moved that Council concur in the recommendation of the City Hanager and offered the following Resolution: 145 (e16157) A RESOLUTION nuthoriuicg the installation of one 2500 lumen overhead incandescent street light in the 2200 block of Edgerton Aveeno, S, (For full text of ~esolutioe, see Resolution Rook No. 27, page 434.) Hr. Stoller moved the adoption of the Resolution. The motion mis seconded by Mr, #heeler end adopted by the following vote: AYES: MeRits, Garlnnd, Jones, Pollard. Pond, Stoller, Rheeler and Ma/or Dillard .......................... 7. NAYS: None ................ O. BUDGET-FIRE DEPARTMENT: Tho City Manager submitted a written report, advising that necessary repairs have been made to certain fire apparatus, and recommended that $600 be transferred from Maintenance of Machinery nad Equipment to Repair Parts - Equipment under Section =62, 'Fire," of the 1964 budget, to corer these repaitso Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~16158) AN ORDINANCE to amend and reordain Section =62. "Fire," of the 1964 Appropriation Ordinance, and providing for au emergency. (FoF full text of Ordinance, see Ordinance Book No, 27, page 435.) Mr. Stoller mored the adoption of Ibc Ordinance. The motion was seconded by Mtn ~heeler and adopted by the following rote: Mayor Dillard ......................... rebuilding the tipple at a cost of $550.00 and that since there is a balance of $206.00 be appropriated to this account. (n16159) AN ORDINANCE to amend and reordain Section ~140, "Street Constr~ction,# of the 1964 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 27, page AYES: ~essrs, Ga~land,,Jones. Pollard. Pond, Stoller, Nheeler and Mayor Dillard .......................... ?. NAYS: None ............... O. '146 BUDGET-MUNICIPAL COURT: The City Manager sabmitted a ur itten report, recommendidg that $50 be appropriated to Personal Services under Section o24, *Municipal Court,u or the 1964 badger, for extra help. Mr. Stoller m~ved that Cunncil concur in the recommendation of the City Manager and offered the following emergency Ordinance~ ' (mi6160) AN ORDINANCE to amend and reordain Section #24, "Municipal Court** of the 1964 Appropriation Ordinances and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2?, page 436.) Rr.'Stoller moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Rheeler and Mayor Dillard ....................... 7. NAYS: None ................. O. BUDGET-POLICE DEPARTMENT: The City Manager submitted a written reports recommending that $315 be transferred from Court Attendance to Funeral Escorts and that $1,101 be transferred from Court Attendance to Overtime under Section *Police,* of the 1964 budget. Mr. Stoller moved that Council concur in the recommendation of thc City Manager and offered the following emergency Ordinance: (~16161) AN OROINANGE to amend and reordain Section o60, *Police,* of the 1964 Appropriation Ordinance,'and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 436°) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs~ Garland, Jones, Pollard, Pond, 5toiler, Nheeler and Mayor Dillard ......................... 7, NAYS: None ...........~ ...... O. SBDGET-LIFE SAYING CREMS: The City Manager submitted a mritten report. recommending that $225 be transferred from Food, Medical and Housekeeping Supplies to Utilities and that $75 be transferred from Food, Medical and Housekeeping Suppli~ to Motor Fuel and Lubricants under Section z66, "Life Saving Crews," of the 1964 budget. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~16162) AN ORDINANCE to amend and reordain Section x66, *Life Saving Crews," of'the '1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2T, page 437.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland,'Jonest Pollard, Pond, Stoller, Rheeler and Mayor Dillard ...................... NAYS: None ....-- ............ O. BUDGET: The City Manager submitted a written report, transmitting the following request from the City Auditor for appropriations which are needed.to provide funds for the activities indicated for the remainder of the year: I COUNCIL 23 Travel Expense 36 Printing ted Office Supplies 150,00 20 HUSTINGS COURT 36 Pr luting nod ~rfSce Supplies 22 LAR A~O CBANCRRY COBRT 21 Fees for Profeasioeel and Special Services 300.00 28 BAlL COMMISSIONER 21 Fees for Professional and Special Services 600.00 ISO NON-DEPARTMENTAL g Refund of Taxes 200.00 13 Refund of Finch 350.00 14 Police Uniforms 1,000.00 * 170 CAPITAL Huselridge-Oaklaun Sewer I16.00 Incinerator 2,353.96 Mr. Rheeler moved that Council concur in the request and offered the following emergency Ordinance: (~16163) AN ORDINANCE 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 437.) Mr. Mheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, Pond, St*lief, Wheeler and Mayor Dillard ......................... NAYS: None ..................O. BUDGET-PAY PLAN: The City Manager submitted the following report, recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: 'Roanoke, Virginia December 14, 1964 To the City Council Roanoke, Virginia Gentlemen: The following employees are needed for the efficient operation of the City: STREET REPAIR - two street crew helpers. Creep 9. Step 1 SEWER MAINTENANCE - Street crew helper, G~oup g. Step 1 ENGINEERING - one clerk-stenographer, Group 15, Step 3 Respectfully submitted, S/ Arthur S. Owens City Manager~ MF. St*lieF moved that Council concur in the recommendations of the 'City Manager and that th~ matter be referred to the Clt~ Attorne~ for preparation Of the proper measure. The motion was seconded by Mr. Rheeler and unanimously adopted. 1'48 5UDaET-DRPARTMENT OF PUBLIC WORKS: The City Manager submitted · uritteo report, advising that $6.000'kes bee· included in the proposed 1965 budget for the purchase of"two chemical spreaders, that in ma effort to buy thl~ e~ulpment ·t aa early date a lom bid of $30803.75 bas been received, and recommended that he be authorized to place an order for the two chemio·l spreaders ·,me in order to have use of same during the winter months. After · discussion of the matter, the City Manager advising that he hos bee· assured by the low bidder that the chemical spreaders can be delivered in two weeks, and Council being of the .pi·lo· that fonds for the purchase of the equlpuen should be appropriated in the 1964 bndgete Mr. #heeler offered the following emer- gency Ordinance appropriating $3.803.75 for this purpose: (~16164) AN ORDINANCE to amend and reordain Section ·82. UStreet Repair.u of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book NO~ 27. page 438.) Mr. ~heeler moved the adoption of the Ordinance. The motion was seconded by Mr. St,liar and adopted by the following vote: AYES: Messrs. 8arlande Jones. Pollard. Pond. St.lieF. Wheeler and Mayor Dillard .......................... ?* NAYS: None ..................O. AIRPORT: The City Manager submitted a written report, advising that it will be necessary to purchase nine parcels of land to provide a clear zone at the north end of Runway 15-33 at Roanoke Municipal (mo,drum) Airport under Projects 9-44-012-6414 and g-44-012-6415, that he has caused appraisals to be made of the fair market value of each parcel of land, that Milliam E. and Grace C. MIlls have offered, to sell their land to the city at the appraised sum of $16,250, but that it mill be necessary to make bona fide offers to the owners of the remaining eight parcels of land in accordance mith the appraisals with a view of instituting condemnation proceedings if the offers are not accepted, the City Manager recom- mending that Council adopt the necessary Ordinance providing for the acquisition of the nine parcels of land. Mr. St.lief moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (o16165) AN ORDINANCE directing and providing for the acquisition of certain lands in Roanoke'County, ~ecessary for municipal airport purposes in con- nection with Airport Projects 9-44~012-6414 and 9-44-012-6415; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 27, page 438.) Mr. St.lief moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the foil.ming vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stnller, Wheeler and Mayor Dillard ....................... ?* NAYS: None .............. O. 149 AIRPORT: The City #e·uger submitted · writtem report, pointing oat that (Woodrum) Airport under Project'No. 9-44~012-6414 wes awarded to the Frye Building be extended in the amount of $10098 to cover this change order, one-half of the TAXES: The City Manager submitted m written report, advising that the 1964 General Assembly of Virginia made certain amendments to the Code of Virginia. personal property ~itbJn the city. available for such purposes, so as to recognize The motion failed for lach of a second. On motion of #r. Broiler. seconded by Hr. #heeler and unanimously adopted, Elementary School for the school year ended June 30. 1964. advising that all the 150 records were Il order tad aa accompanying statement represents the recorded transactions of the various school funds during the school year and the fund balance as of Jnne 30, 1964. On motion of Rr. Stoller, seconded by #F. Pollard and unanluoueIy adopte, the reports were filed. REPORTS OF CORRITTEES: GASOLINE: The committee appointed to tabulate bids received on fur- nishing the automotive gasoline requirements of the City cf Roanoke for the period from January it 1965, through December 31, 1965, submitted the following report: "December 10, 1964 To the City Council Roanoke, Virginia Gentlemen: Attached hereto is a tabulation of bids for furnishing and delivering Automotive Gasoline to the various departments of the City of Roanoke for the period beginning January 1, 1965 and ending December 31. 1965. Golf Oil Corporation is low bidder for supplying regular gasoline to the City Garage at the following prices: Posted Consumer Tank Wagon Price $ ,1690 per 9allan Less Discount ,0566 per gallon Net $ t1124 per 9allan Sinclair Refining Company is low bidder for supplying premium gasoline to the City Darage and Fire Department at the follow- lng prices: Posted Consumer Tank Wagon Price $ .2040 per gallon Less Discount ,0652 per gallon Net ~ ,1388 per gallon. Texaco, Incorporated is low bidder for supplying regular gasoline to the Water Department at the following prices: Posted Consumer Tank Wagon Price $ .1790 per 9allan Less Discount ,0596 per gallon Net S .1194 per gallon The above *Posted Consumer Tack Wagon Prices* are based on current prices at Roanoke, Virginia. The *Posted Consumer Tank Wagon Prices* in effect at Roanoke, Virginia'on date of delivery will prevail. The above discounts will remain firm throughout year 1965. All prices are exclusive of State and Federal Taxes. The Committee recommends acceptance of the low bids as out- lined in this letter. Respectfully submitted, COMMXTTE£: ' Roy R. Pollard, Sr., Chairman committee and offered the following Resolution accepting the'proposal of Gulf Oil Corporation for furnishing regular gasoline to the City Garage: (n16166l A RESOLUTION accepting the proposal of Gulf Oil Corporation bids. (For full text of Resolution, see Resolution Dook No, 27, page 440.) .15.1 AYES: Hessrs. Garland, Jones, Pollard, Pond, St*lief, Mheeler iud Mayor Dlllord---~ ...........~ ........ ?, NAYS: MoRe ..........~ ..... ~-0. Mr. Pollard then offered the fol~owing Resolution accepting the proposal of the Sinclair Refining Company for supplying premium gus*line to .the City Garage and the Fire Department: (mI616T) A RESOLDTION ucceptlng the proposal of Sinclair Refining Company for furnishing premium gus*line to the City Garage and to the Fire Depart- meut~ and rejecting other similar bids. (For full text of Resolution, see Resolution Book No. 27, page 441.) Mr. Pollard moved the adoption of the Resolution. The motion was sec*nde by Mr. St*lieF and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pood, Stoller, Mheeler and Mayor Dillard .........................?. NAYS: None ..................O. Mr, Pollard offered the following Resolution accepting the proposal of Texaco, Incorporated, for supplying regular gasoline to the Mater Department: (=16168) A RESOLUTION accepting the proposal of Texaco, Incorporated, for furnishing regular gasoline to the Mater Department; and rejecting other similar bids, (For full text of Resolution, see Resolution Sook No. 27, page 442.) Mr. PoIlard moved the adoption of the Resolution, The motion was sec*nde by Mr, St*lief and adopted by the following rote: AYES: Messrs. Garland, Jones, Pollardt Pond, St*liart ~heeler and, Mayor Dillard ....................... ?. NAYS: 'None ................O, UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEMERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure with regard to apportionment of costs and estimated amounts of assessments on abutting owners in connection mith the construction of public sewer lines to serve properties abutting portions of Eastern Avenue, N. , and Mallace Avenue, N. E., in the Jackson Park area, he presented same; whereupon, Mr, Stoller offered the following emergency Ordinance: (~16169) AN ORDINANCE relating to the construction of a public sanitary sewer main and laterals to serve certain properties abutting the same on Eastern Avenue, N. E., and on a portion of Nallace Avenue. N. E., in the Jackson Park area of the City, heretofore Ruth*rimed to be made by Ordinance No. 16075. one-half (1/2 of the total cost of which is to be assessed against abutting landowners to be served by said improvement; fixing the estimated amounts of the assessments to be made against said abutting land*naars; providing for the docketing of an abstract Of this ordinance in. the Clerk's Office of the Hustings Court of the City of Roan*hi and of the individual assessments against each said abutting landowner; and pro- viding for an emergency. (For rail text or Ordinance, see Ordinance Book No. 27, page 442.) Mr, St,lief moved the adoptfoo or.tho-Ordinance, The m, tiaa ufa secocdod by Mr. Mheeler end od,pied by the rollowSng vote: AYES: Messrs. Garland, Jones, Pollard, Pond° St,lief, Mheeler and Mayor Dillard ........................ 7. NAys: None ................ O, BUDGET-PAT PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in variou manicipal departments, he presented same; whereupon, Mr. St.liar offered the f. Il,ming Resolution: (~16170) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 27, page 445,) Mr. St,lieF moved the adoption of the Resolution. The motion was sec,nde by Hr. Pollard and adopted by the following rote: ALES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ........................ 7o NAYS: None ................. O, TUBERCULOSIS SANATORIUm: Council having directed the City Attorney to prepare the proper measure renewing t~e lease of Messrs. Max A. and W. Kent Murray, trading as Murray Orchards, for approximately 62 acres of land at Coiner Springs, at a total rental of $510, for three years beginning January 1. 1965, he presented same, whereupon, Mr. Mheel~r moved that the following Ordinance be placed upon its first reading: (~16171) AN ORDINANCE authorizing the leasing of approximately 62 acres at Coyner Springs to Max A. and M. Kent Murray, trading as Murray Orchards. MHEREAS, by Ordinance no. 14729, adopted by this Council on the 5th day of march, 1~62, the proper City officials were authorized to execute a lease of approximately 62 acres at Coiner Springs to Max A, and W. Kent Murrays trading as Murray Orchards, which lease was, accordingly, duly executed by the parties under date of April 5, 1962, for a three-year period extending throngh the 31st day of December, 19641 and )~flEREAS, the aforesaid lessees have advised the City ~anageF, in writing, that they desire to lease said land upon the same terms and conditions for a fixed term of three years commencing the first day of January, 19651 and KHEBEAS, the City Manager bas recommended the execution of such lease by the City, 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 to enter into a lease agreement, for and On behalf or the City, to be dated as of January Ie IqGS, leasla~ unto Max A, and M. Kent Murray, trading as Murray Orchards, the approximately 62 acres described in the above-mentioned lease of April 5, 1962, and upon the same terms as are herein contained for the fixed term of three years commencing on the first da/ of January, 1965, and ending on the 31st day of December, 19h7. 153 The motloo UBS seconded by Mr. Pollard and adopted by the folloulng rote, Mr. Smaller voting BO becsuse he does not feel the rental is high enough: AYES: Messrs. Garland, Jones, Pollard, Pond. Wheeler and Mayor Dillard ........................................ 6. NAYS: Hr, Smaller ............; ...... 1, APPALACHIAN POMER COMPANY: Council baring directed the City Attorney to prepare the proper measure authorizing the City Hansger to enter into au agreement uith the Appalachian Power Coupaoy releasing said company from uny liability to the city by reason of the failure of rubber protective equiement used by the city in the handling of its electrical mire, machinery end equipment after it has been tested, he presented same; whereupon. Hr, Wheeler offered the following Resolotloo: (z16172) A RESOLUTION relating to the testing of certain rubber pro- tective equipment of the City by Appalachian Power Company. (For full text of Resolution. see Resolution Book No. 27. page 445.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconde( by Mr. Pollard and adopted by the follo, ing vote: AYES: Messrs. Carload. Jones. Pollard. Pond. Stoller. Wheeler and Hoyor Dillard .................................. 7. NAYS: None ..........................O. STREETS AND ALLEYS-WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure providing for the acquisition of an easement in connection with the construction of a 6-inch water main to connect existing public water mains in the Roanoke Industrial Center, he presented same. In a discussion of the matter, the City Manager having assured Council at its lust regular meeting that the easement would follow the course of one of certain streets to be dedicated, upon further questioning by Mr. Mheeler. the City Manager modified his statement to the effect that he would make every effort to have the easement follow the course of one of the streets to be dedicated. Mr, Smaller then offered the follouing emergency Ordinance: (z16173) AN ORDINANCE authorizing and directing the construction of a certain b-inch main to connect existing public Mater mains in Roanoke Industrial Center. and the acquisition of o perpetual easement and rlght of May therefor for a nominal consideration of One Dollar. cash~ and nrovidiog for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. nage 446.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pood and adopted by the followin9 vote: AYES: Messrs. Garland, Jones, Pollard, Pond, 5toller, Wheeler and Mayor Dillard .................................. 7. NAYS: None ..........................O. PARKS AND PLAYGROUNDS-STATE HIGHWAYS: Mr. Stolier offered the following Resolution providing for the transfer and conveyance Of title to the Commonwealth of Virginia of certain lauds recently acquired by the city for the Duroose of the construction of spur roads frbm tke Blah Midge Parkuay (Route 48) to the top of #ill #oautafu fad to lie top of Yelleu Xnluteiu, lid authorizing end permitting the construction of un overhead bridge across Yellow Mountain R,sd, S. E., un · part of the first of said spur roods: (e16174) A RESOLUTIOM providing for the transfer and conveyance or title to the Couuonuealth of Virginia of certain lands recently acquired by the City for the purpose of the construction of spur roads from the Blue Midge Parkway. (Route 4B). to the top of Will Mountain end to the top of Yellou Mountains and authorizing and eermitting the construction of on overhead bridge across Yellow #ountnin Road, S. E., as a part of the first of said sour roads. (For full lext of Res,latin,, see Resolution B,oh No. 27. cage 448.) Mr. St,lieF moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and ad,cUed by the following vote: ATlaS: Ressrs. Garland. Jones. Pollard. Pond. Stoller, Wheeler end Rayor Dillard .............................. ?. NAYS: None ...................... O. MOTIONS AND MISCELLANEOUS BUSIAIIiSS: ZONING: Council at its meeting on November 23. 1964. baying deferred action on the question of whether or not a portion of a tract of land located on the east side of Colonial Avenue, S. W.. in the vicinity of Clearfield Road. designated as Official Tax Mo. 1280301, has been properly fez,ned from General Residence District to Light Industrial District, eending receipt from the City Attorney of the results of his examination of pertinent ma~s and Ordinances for the ourpose of determining whether or not the tract of laud was Dronerly Fez,ned for industrial pure,sen, and, also. information as to ihetber or not a building perult issued on November 11, 1964, to Bauble Oil and Refining Company for the construction of o service station on the tract of land was Dronerly issued, Mr. St,lieF moved that a Dublic hearing be held at 2 p.m.. January 11, 1965. on the question of fez,ming from Light.lndnstrial District to General Residence District that portion of two tracts of land located on the east side of Colonial Avenue, S. W.. in the vicinity of Clearfield Road, designated as Official Tax Nos. 1280301 and 1380201. respectively, zoned as Light Industrial District. us recommended by the City Planning Commission. The motion was seconded by Pollard and unanimously adopted. BUDGET-PAy PLAN: Mr. Stoller pointed out that it was brought aD in budget study sessions that in order to offer an attractive Drooosition to anyone qualified to assist the Plaunin9 Director it ulll be necessary to amend the Pay Plan by changin9 the Job title of Indnstriul Development Planner to Assistant Planning Director and moved that the uatter be raferred to the City Attorney for procuration of the pro,er measure. The motion oas seconded by Mr. Pollard god uno,tm,only adopted. 155 AIRPORT~ Mayor Dillard pointed out that there.is · vacancy on the Airport Committee due to the resignation of Nr. E. R. Vought and called for nominations to fill the vacancy. ns a member of the Airport Committee to fill a vacancy created by the resignation of. Mr. E. R. Vought by the foltouing vote: . FOR MR. MAPLAN: Messrs. Garland, Jones, Pollard. Pond, Stoller, Mhee~er and Mayor Dillard ............................... 7. HEALTH DEPARTMENT: The City Clerk reported that Mr. A. Byron Smith bas qualified as n member of the Housing and Hygiene Board to fill the unexpired tern of Mr. Eugene S. Bromn, deceased, said term ending January 31, 1965. On motion of Mr. Pollard, seconded by Mr. Stoller and unanimously adopted, the report mas received and filed. On motion of Mr. Pollard, seconded by Mr. Jones and unanimously adopted, the meeting mas adjonrned. APPROVED ATTEST: 156 COUNCIL. REGULAR tr;ETINC. Monday. December 21. 1964. The Council.of tke City of Roan,he met in regular meeting in. the Council Chamber in the Municfpel. fluildfng. Mondcy. December 21. 1964. et 2 p.m** the regeler meeting hour. uith Mayor Dillard presidlug. PRESENT: Councilmen Robert A. Garland. James E. Jones. Roy R. Pollard. Hr.. Clarence E. Pond. Murray A. SS,lief. Vincent S. Mheeler and Mayor Benton O. Dillard .............................. ?. ABSENT: None ............... O. OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager. Mr, James N, Kiecanon, Assistant City Attorney, and Mr. J. hubert Thomas, City Auditor. INVOCATION: The meeting mas opened mith a prayer by the Reverend M. L. Simmons. Assistant Pastor. First Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. December 7, 1964, having been furnished each member of Council, on motion of Mr. St*liars seconded by Mr, Pond and unanimously adopted, the reading thereof nas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON I~UBLIC MATTERS: HONE, PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company, trans- mittfflg a list of street lights installed during the month of November, 1964, was before Council. On motion of Mr. Staller, seconded by Mr. Pollard and unanimously adopted, the communication was filed. TRAFFIC-STATE HIGHWAYS: The Roanoke Junior Chamber of Commerce having requested that a detailed professional study be made of the feasibility of an alternate southeast route for the extension of Interstate Spur 581 from Elm Avenue, $, E., to U, S, Route 220 south of Clearbrook School, and Council having subsequentl asked the Virginia Department of Highways to proceed with surveys and plans for a southwest route, a communication from Mr, James A, Ford. President of the Roanoke Junior Chamber of Commerce. advising that the Junior Chamber of Commerce has concluded that the alternate southeast route cannot be seriouslF considered and recommending that should the proposed southwest route be consummated an entrance ramp be constructed for east bound traffic on Brandon Avenue and that an exit ramp be constructed for west bound traffic on Urandon Avenue with a view of relieving the traffic bottleneck at the intersection of Brandon Avenue and Franklin Road, S. especially for citizens residing in southwest Roan*he and Roanoke County, was before HUDGEToCOHPRRSAVION HOARD: Copies of communications from the Compeasntiot Baird or the Commonwealth of Virginia, fixlog the salaries and office expenses of the Clerk of the Courts, the Attorney for the Camm*awe*lab, the Cos~lssiooer of the Revenue, the City Treasurer and the.City Hergecnt, were before Council, It appearing that the salaries and.expenses fixed by the Compensation Board bare been Included-in the proposed 1965 budget, Hr, St*lief moved that the comaunications be filed, The motion mas seconded by Mr. Mheeler and onanlmoasly adopted, REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending that four existing 10,000 lumen overhead incandescent street lights be rea*red and ten 21,000 lumen mercury vapor street lights be installed on Ullliamson Road, N, between Fleming Avenue and Preston Avenue. Hr, Wheeler moved that Council concur in the recommendation of the City Manager and offered the foil*wing Resolution: (~16175) A RESOLUTION authorizing the removal of four 10,000 lumen overhead incandescent street lights and the installation of ten 21,000 lumen vapor street lights on Williauson Road, N. W** between Fleming Avenue and Preston Avenue, (For full text of Resolution. see Resolution Hook No. 27. page 451.) Mr. Wheeler moved ~the adap,lan of the Resolution. The motion was sec*nde by Mr. 5toiler and adopted by the foil*ming vote: AYES: Messrso Garland, Jones, Pollard, Pond, St*liar, Wheeler and Mayor Dillard ............................... NAYS: None ..................0o BUDGET-AIRPORT: The City Manager submitted a written report, recommendin, that ~1,~00 be appropriated to Utilities and that $2,200 be appropriated to Motor Foal and Lubricants for Resale under Section ~Hg, 'Airport,* of the 1964 budget. Mr. Stoller moved that Cooncil concur in the recommendation of the City Hanager and offered the following emergency Ordinance: (~16176) AN ORDINANCE to amend and reordain Section ~89, *Airport** of the 1964 Appropriation Ordinance, and providing for an emergency. · (For fell text of Ordinance, see Ordinance Book No. 27, page 451.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. #heeler and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, Pond, Stoller, Nheeler and Mayor Dillard ................................ NAYS: None ..................O. BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a written report, recommending that $3,000 be transferred from Emergency Relief to Poster Care under Section ~52, *Public Assistance.' of the 1964 budget, due to an increase in the number of children committed to the Department of Public Welfare. 158 Mr. Garland moved that Council concur lu the recoomendation of the City Yaooger and offered the f. Il.ming emergency Ordinance: (m16177) AN ORDINANCE to amend and reordnln Section n$2, *Public Assist- ence,~ of the 1964 Appropriation Ordinonce, nad providing for an emergency. (For full text of 0rdlnnuce, see Ordinance Book No. 27, page 452.) Mr. Borlond moved the adoption of the Ordinonce. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, P,mdt Stellar, Wheeler nad Mayor Dillard .......................... ?. WAYS: Woue .................. O, BUDGET-STADIUM{ The City Manager submitted a written report, recommendln that SI,BOO be appropriated to Utilities under Section wl12, 'Stadium and Athletic Field,w of the 1964 budget. Mr. Pollard moved that Council concur in the recommendation or the City Manager and offered the following emergency Ordinance: (~16178) AN ORBINANCE to amend and reordain Section all2, 'Stadium and Athletic Field,~ of the 1964 Appropriation Ordinance, and providing for an emergene (For full text of Ordinance, see Ordinance Book No. 27, page 452.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Fond and adopted by the following vote: AYES: Messrs.. Garland, Jones, Pollard, ~oad, St.lieF, Rheeler and Mayor Dillard ........................?, NAYS: None ......~ ..... ~ ..... O. BUDGET-pLANNING: Yhe City Manager submitted a written report, recom- mending that $490 be transferred from Friuting and Office Supplies to Office Furniture and Equipment - New under Section xlSO, 'Planning Commission,* of the 1964 budget, to provide for the purchase of certain furniture needed to equip its new office. Mr. St,liar moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (z161~9) AN ORDINANCE to amend and reordain Section zlSO, 'Planning Commission,' of the 1964 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 2Y, page 4S3,) Mr. St,liar moved the adoption of the Ordinance, The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Gar,lead, Jones, ~llard, ,Pond, St,ilar, Wheeler and Mayor Dillard ............................. 7.. NAYS: Noae ................. O, BUDGET-PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted a written report, recommending that $7,500 be appropriated to Incinerator under Section ~170, 'Capi,tal," of the 1954 budget, to provide for research and study of improvements to the City Incinerator. Mr. Mheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (s16180} AN ORDINANCE to .mead end reordnln 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 453.) Mr. Nheeler moved the adoption of the Ordinance, The motion mas seconded by Mr. Pond and adopted by the following vote: AYES: Me*mrs. Garland, Jones, Pollard, Pond, St.lief. Mheeler and Mayor Dillard .......................... NAYS: None ................. O. Mr. Mheeler then offered the following emergency Ordinance authorlzin9 the City Manager to enter into an agreement with the firm of Greeley and Baa*em, Engineers, for the performance o3 certain engineering services in connection with the construction and operation of the City Incinerator at a sum not to exceed $6,000 without further prior approval and appropriation by Council: (~16181) AN ORDINANC£ authorizing certain engineering services in connection with the Cityts Refuse IncieeratJng Plant; and providing for an emergenc! (For full text of Ordinance, see Ordinance Book No. 27, page 454.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AVES: Messrso Garland, Jones, ~ollard, Pond, Stoller, ~heeler and Mayor Dillard ........................ 7. NAYS: None ..................O. BUDGET-PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted n written report', recommending that $3,060o80 he appropriated to Incinerator under Section mi70, *Capital," of the 1964 budget, to cover the cost of improvements already made to the City Incinerator. Mr. Nheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (n16192) AN ORDINANCE to amend and re.rd*in Section ~i?O. 'Capital," of the 1964 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 455.) Br. Nheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES:' Messrs. Garland. Jones, Pollard, Pond, Stoller, Nheeler and Mlyor Dillard ......................... 7. NAYS: None ...............~--0. BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, advising that since the old Terry building in Elmwood Park has been razed it is imperative that a shop building be constructed in which to store equipment needed and used in and around the park and recommended that $2,100 be appropriated for this purpose. !60 After I discussion of the question, Mr, Pollard moved that ~ctioa ol the sitter be deferred for further study, The motJom was seconded by Mr, Wheeler aid unan~souslf ad~pted, BUDGET-PAY PLAN: The City Manager s~blitted the following report, recommending that. certain vacancies ia various suufcfpol departments be filled slno~ they are of un esergency nature; *Roanoke, Virginia . December 14, 1964 To the C~ty Council Roonohe, Virginia Gentlemen: The foll~wlng employees are needed for the efficient operation of the City: STREET REPAIR - two street creu helpers, Group 9, Step 1 SEWER MAINTENANCE - Street crew helper, 6romp 9, Step 1 ENGXNEERXNG - one clerk-stenographer, Croup 15, Step 3 Respectfully submitted, S/ Arthur S, Owens City Manager# Mr. Stonier 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 Mtn Rheeler and unanimously adopted, PURCHAS[OF PROPErTY-STrEETS AND'ALL£Y$: The City Manage~ submitted a written report, transmitting an offer of Mr. J. P. Maloney to sell to the City of Roanoke a triangalor piece of property for the sum of $50 for stree~ purposes, in order to make a transition in the road pavement on Windsor Avenue, S. W., Just west of the Evergreen Cemetery, and recommended 'that the offer be acce~ted, Mr. Wheeler moved that Counc'il concur in the recommendation' of the City M~noger 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 TRAFFIC-SCHOOLS: Council having referred to the City Manager a suggestio* of a'concerned' citizen that the city confer with representatives of the Calvary Baptist Church' and the Mozim Temple for use of' parking space by teachers at Jefferson High school free of charge and that a sticker be issued to working studen and those living in areas without adequate bus service for a small fe~ which would permi~ them to park daring school' hoars in a two-hour parking zone, for the purpose of ascertaining whe'ther o'r not par'king s~ace can be obtained for these teachers and students at no cost to the c~ty, the City Manager submitted a written report, advising that the parking lot which is owned jointly by the' Calvary Baptist Church and the ~azim Temple is loc~ted in the midst of a residential area and that any effort to allow additional parking to others on a regular basis would be a direct violation of an agreement made with residents at the time of the rezoning of the are'a to permit parking; also, that if stickers were issued to 161 morking students and those living in areas mltkout adequate bus service for · small roe mhlch mould permit them to park during school hours in a tmo=hour parking zone the sane privilege mould have to be given to others, thereby defeating the purpose or parking restrictions to break up all day parking, the City Manager concluding that it appears to him this is a personal problem which should be solved by each Individual. Hr. Mheeler moved that the report be received and filed. The motion mas seconded by Mr. Pollard and unanimously adopted. PARKS AND PLAYGROUNDS: Council having referred to the City Manager for investigation and report a suggestion of Dr. C. M. Cornell that the city freeze its paved tennis courts in the minter time when the weather is cold enough in order to permit ice skating, the City Manager submitted a written reporto recommending that he be authorized to build a miniature rink 20* x R0* on the asphalt track at Victory Stadium to see if the plan is workable before turning tennis courts Into skating rinks and suggesting that should the plan pFove not workable consideration be given to the idea of a civic organization purchasing a freezing unit. placing it .in one of the public parks and charging admission. AfteF a discussion of the matter. Mr. Jones suggesting that the City Manager consider creating an ice skating rink on the grass math the use of cross ties. Mr. Stoller noted that Council concur in the FepoFt of the City Manager. The motion was seconded by Mr. Pond and unanimously adopted. REPORTS: The City Manager submitted · written report, transmitting a report Of the Department of Public Melfare for the month of October, 1964, and listing other monthly departmental reports on file in his office. On motion of Mr. Stoller, seconded by Mr. Rheeler and unanimously adopted the report was received and filed. ZONING: Council having referred to the City Planning Commission for study report and recommendation a petition Of residents Of the immediate area, requesting that land known as the SOld Trout Place* bordering on Shenandoah Avenue to the north Luckett Street to the west. Thirtieth Street to the east and the Norfolk and Western 'Railway Company property to the south, be rezoned from Heavy Industrial District to Light Industrial District, the City Planning Commission submitted the following report, recommending that the area not be rezoned at this time: "December 14, 1964 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The City Planning Commission considered this request during its regular meeting of November IH, 1964. The arguments presented to the Planning Commission indicated that the residents of this area are concerned about the unsightly development of this heavy industrial district in close proximity to their homes. 162 The Commission members isd$cated that they are emsre or the recent developments in this ares, Houever, in vleu or the work oR the new zoning ordinance presently ia preperatfoe, the Planning Cowmlssion felt that it was premature to recomlend uny zone changes for tkls general area ia anticipation that the see zoning nrdin~ece mill prevent the recurrence of derelnpment problems.la industrial areas, The Planning CoawissJon, thereroree recommends to City Council that this area not be rezoned at this tine. Sincerely yours, 5/ Merner K. Sensbach for Henry B, Oolnton Chairman" Council being Informed that ~he petitioners do not desire a public hearing, Mr. Stoller moved that Council concur fn the recommendation of the City Planning Commission and that the request for rezonlng be den~ed. The motion was seconded by Mr. Mheeler and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. Fred O. Alouf, et ax,. that property lo~ated at the northeast corner of Meadows Street and Liberty Rood, N, described as Lots 10, 11 and the adjoining ten feet of Lot 1, Block 1, Meadow Land, Official Tax Nos. 2071322, 2071323 and 2071302. be rezoned from General Residence District to Business District, the City Planning Commission submitted a written report, recommending that the request for the rezoaJng of Lots 10 and 11 be denied and advising that the rezon.in9 of the adjoining ten feet .of Lot I is not required since it has been ~etermined that this strip of land is already zoned as Business Districts, In this ~onnectiono a communication from Mr. Claude D. Carter, Attorney for the petitioners, advising that his clients desire a p~blic hearing on the rezoning of Lots 10 and 11, was before Council. Mr. Stoller moved that a public hearing on tbs rezoning of Lots 10 afld Block 1, Meadow Land, be held at 7:30 p.m., February 1, 1965. The motion was seconded by Mr. ~heeler and nnanJmonsly adopted. ZONING= Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. Richard R, Hamlett, et ax,, that a ?.26-acre tract of land located at the west end of Mestover Avenue, S. N.. east of the Norfolk and Western Railway Company tracks, designated as Official Ta~ No. 1521001, be rez~ned from General Residence District to Special Residence District, the City Planning Commission submitted a written report, recommending that the request be granted. Mr. Stoller moved that a public hearing on the matter be held st ?:30 p.m.s February 1. 1965. The motion was seconded by Mr. Mheeler and unanimously adopted. FIRE DEPARTMENT: Council having referred to the City Planning Commission the question of whether or not No. 4 Fire Station can be used by the city for other purposes if it is abandoned, the City Planning Commission submitted the following report: 163 mDecqmber 17, 1964 T~e Honorable Benton O. Dillard, Mayor and Hembers of City Council Roanoke, Virginia The City Plnnnlag Commission considered thi~ matter during~ its regular meeting o! December 16, 1964. Possible public ming Commission determined that the best possible public present facilities for senior citizens in the City of Roa- On this basis, a sketch plan for remodeling of fire station ~o. 4 was prepared. The first floor facilities would in- persons. This Foom could also be subdivided by means of smaller meeting room and office and rest rOOm facilities. total improvements can be performed for approximately formed by City forces. Sincerely yours, $/ ~. K. Sensba~h for Henry B. Boynton Chairman~ In a discussion of the matter, Hr, Stoller voiced the opinion that the Planning Commission should have also studied'the feasibility of selling the property. Hr. Horton Honeyman, Attorney, representing the Beth Israel Synagogue, appeared before Council and read'a prepared statement, emphasizing that the entire membership of the Beth Israel congregation is vitally interested in that which is 164 best for the citizens of the City ef.Rosnokeo but that the Synagogue feels the' appraised valse of $12.500 for the fire station property, plus the estimated cost of $6.600 to renovate the property for use ns a Senior Citizens $tetion,'woald give the'city approxlmately~$19,000 to erect a brand neu Senior Citizens. Station If the fire station property Is sold, Mr. Boneymnn concluding that since the Beth Israel Synagogue is in the midst of a religious center area it is his sincere trust that the city will be considerate of the expansion progrnm of the Synagogue and persia Beth Israel'to acquire the fire station property on terms satisfactory to the city. Hr. Rex P. ~tuar~ again appeared before Council ia opposition to selling the property, voicing the opinion that it is a very valuable piece of land and is increasing in vaiue every year. Or. C. H. Cornell appeared before Council on behalf of the senior citizens of Roanoke, advising that'the building now used f~r a Senior Citizens Center In Elmwood Phrk is inadequate, and urged that the fire station property be used for this purpose. After a further discussion of the matter, the Assistant City Attorney advising that it is not necessary to advertise for bids for sale of the property, Mr. ~heeler moved that the'rsaid property be sold to the Beth Israel Synagogue at the appraised value of ~12t500 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 OF COHMITTEES: ARMORY: Council having referred to a committee composed of Messrs. Robert A. Garland, Chairman, Arthur S. Owens, and Rex T. Mitchell. Jr.. for study, report and recommendation, the bid received from Mr. Samuel A. Garrison for operating the concessions at the National Guard Armory for the period beginning January 1~ 1~65, and ending Jannary l, 1966, in the sum of 33 1/3~ of gross salest the committee submitted a written report, recommending that the bid of Mr. Garrison be accepted. Mr. Garland moved that Council concur in the recommendation of the committee and that the following Ordinance be placed upon its first reading: (nlGIB3) AN ORDINANCE accepting the bid of Samuel A. Garrison for operating the concessions at the National Guard Armory for the period beginning January 1, 1965, and ending January 1, 196~. RHEREAS, the Purchasing Agent has heretofore legally advertised for bids for the privilege of operating the concessions at the National Guard Armory for the period beginning as of January 19660 at 10:00 aom., with an option to renew for two additional years under the conditions set forth in the bid form; and 165 NREREAS, tko only bid received rot such privilege was submitted by $cmuel A, Garrison Jc mhioh said bidder offers to pay to the City 33 1/3 per cent of gross sales made on the premises, and a committee cppolated by the Council to study hsd mike recommendation on said proposal has recommended the Clty*s a~cep- tunce of sold bid. la mhlch recommeadctlon this COuncil concurs. THEREFORE, RE IT ORDAINED bY the Council of the City of Roanoke that the bid of Samuel A. Garrison rot operating the concessions at the Notional Guard Armory rot the period beginning es or. Je~uc~y 1, 1965, at 1o:oo a.m. ccd ending January 1, 1966. at 10:00 a.wo.,with an option to renew for tun addtional years. in which he offers to pay to the City of Roanoke 33 1/3 per cent of his gross soles made on the premises and to conduct the aforesaid concessions in strict accordance with all nnd singular the conditions contained in the invitation to bid, which said invitation to bid Is on file in the office of the Purchasing Agent, be, and said bid is hereby accepted; and the City Manager is authorized and directed to enter into requisite contract with said bidder upon such form of contract as Is prepared and approved by the City Attorney but to incorporate the terms herein provided. The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. Stoller. ~heeler and Mayor Dillard ............................ 7. NAYS: None .......~- ........... On ADVERTISING-CITY GOVERNMENT: The committee appointed to study bids received on advertising the City of Roanoke submitted the following report: *December 17, 1964. Zo the Council of the City of Roanoke. 'Gentlemen: The committee appointed by Council to consider the bids On advertising the City of Roanoke met and after due delibera- tions recommends that this program not be initiated this year and no money appropriated for this program. The com- mittee further suggests that it* be continued in order to further study this program as sell as other programs relating to the advertising of the city. Mtth the above recommenda- tions it is suggested that those firms bidding for this work be thanked and notified of this committee*s recommendations. Respectfully submitted, S/ James E, Jones James E. Jones,, Chairman. S! Vincent S, #heeler Vincent S. Mheeler, S! Robert A. Garland Robert A. Garland, S/ Arthur S. Owens Arthur 5. Owens** 166 ' Mr, Jones moved that Council concur la the recommendations or the committee ned that the matter be referred to the CltyAttorne~ for'preparation of the proper measure The manioc'mas seconded'by Mr, Rheeter and unanimously adopted. SEWERS AND ~TORM DRAINS: Council having referred to n eommittee composed or Messrs. clarence E. Fond, Cknirman~ Janes E, Jones and Ho Cletun Broyles for tabulation and report bids received on the construction of n storm drain on Ninth Street and Morgan Avenue. S. K,, in the-vicinity or Buena Vista floeleverd, tbe~commlttee'submitted i written report, together math a tabulation of the bids showing the Draper Constrectlon Cnmpnny as low bidder in the amount of $9.537,$0, nnd recbmmended that if Council is inclined to accomplish this project the proposal of the Draper Construction COmpany be accepted and $9,552,50 appropriated to cover the contract and advertising cost ia the amount of ~I5.00~ Mr.' Pond moved that Council concur In the recommendation of the committee and offered the following emergency Ordinance accepting the proposal of the Draper Construction Company: (a16184) AN 0RDINA~CE accepting the proposal of Draper Construction Company for the construction of a storm drain on 9th Street and Morgan Avenue, S, E,; authorizing the proper City officials to execute the requisite contract; rejecting all Other bids; andprovidlng for an emergency, WHEREAS, for the usual daily operation of the Department of Public Marks, an emergency Is set forth and declared to exist, THEREFORE, BE IT ORDAXNED by the Council of the City of Roanoke as follo~s: 1. That the proposal of Draper Construction Company for the construction of a storm drain on 9th Street and Morgan Avenue, S, E,, in the vicinity of Buena Vista Boulevard, S, E,, in accordance with the City's plans and specifications therefor, for the sum of $g,537.50, which proposal is on file in the office of the City Clerk, be, and said proposal is hereby accepted, 2. That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City. respectively, to execute and attest the requisite contract, the terms of which shall be approved by the City Manager and the form of mhich shall be approved by the City Attorney, 3. That the proposals of all other bidders for the performance of said Work bet and the same are hereby, rejected. 4. That, an emergency existing, this ordinance shall be in fall force and effect frnm its passage. 167 Mr. Pond moved'the adoption of the Ordinnnce. The motion ems seconded by Nr. Wheeler nnd adopted by the following vote: AYES: Messrs. Gnrlnnd. Jones. Pollard. Pond. St,lief. Wheeler and mayor Dillard ........................ ~-7.' NAYB~ None .................. O, Mr. Pond then offered the following emergency Ordinance appropriating $9.552.50: (m16185) AN ORDInAnCE to amend and reordain Section ml?O. "Capital." of the 1964 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Dook No. 27. page 456.)' Mr. Pond moved the adoption of the Ordinance. The motion nas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland/ Jones. Pollard. Pond. Stollero Wheeler and Mayor Dillnrd .........................7* NAYS: None ..................O, MUNICIPAL BUILDING: Council having referred to a committee composed of Messrs. James E. Jonest Chairman. Robert A. Garland and Vincent S. Wheeler for tabulation and report bids received on furnishing and installing air conditioning and ventilation systems in the Municipal Building. the committee submitted a writtel report, together with a tabulation of the bids showing the Bud Weaver Heating ~ Air Conditioning Company as low bidder in the amount of $90637095. and recommended that the proposal of the Bud Weaver Heating and Air Conditioning Company be accepted and that funds for the 'project be included in the 1965 budget,' Mr. Jones moved that Couccil concur in the recommendation of the committee and offered the following emergency Ordinance accepting the proposal of the Hud Weaver Heating and Air Conditionin9 Company: (~16186) AN ORDINAHCE accepting the proposal of Uud Weaver Heating Air Conditioning Company for furnishing and lnstallin9 certain air comdata,nan9 and ventilation systems in the Municipal Building, contingent upon later appropriation Of funds for the payment thereof; authorizing the proper City Officials to execute the requisite contract therefor; rejecting certain other bids for said work; and providln9 for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 456.) Mr. Jones moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. St,lieF. Wheeler and Mayor Dillard ....................... NAYS: None ................. O, UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 168 TUBERCULOSIS SANATORIUM~ Ordinance No. 16171, authoriziog the leasing of spproxiwutely 62 acres at Coiner ~prings to Mix A, and M, Best Mcrroy, trading os Murray Orchords, hiving pre~lousl~ been before Council for its first reading, rend end laid over, mos again before the body,.Hro Mheeler offering the following rot its second reading and finol adoption: (s16171) AN ORDINARCB authorizing the leasing of approximately 62 acres at Coiner Springs to Max A, mud M, Kent MuFrnYt trading ns Murray Orchards** (For full text of Ordinance, see Ordinance Boob No. 27, page 450.) Mr° Nh*clef moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard an~ adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Mheeler and Mayor Dillard ........................................6. NAYS: Mr. St*lieu ....................1. BUDGET-PAY PLAN: Council having directed the City Attorney to prep*re 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. Stoller offered the following ResolutJoo: (#16187) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Boob NO. 27. page 45?°) Mr. St*liar moved the adopt/on of the Resolutioo. The motion was secondel by Mr. Pollard and adopted by the followiog vote: AYES: MesSVSo ~arland, Jones, Pollard, Pond, St*lief. Mheeler and Mayor Dillard ........................ NAYS: None ..................O. AIRPORT: Council having directed the City Attorney to prepare the proper measure extending the contract of the Frye Bailding Company for the construction of concrete apron pavement in the vicinity of the Administration Building at Roanoke Municipal (Moodrnm) Airport nnder Project 9-44-012-14 in the amount of $1,098, he presented same; whereupon. Mr. Pollard offered the following Resolution: (m16168) A RESOLUTION approving a Change Order to the City's contract with Frye Gulldlng Company for the construction of concrete apron pavement in the vicinity, of the Administration Building at Roanoke Municipal Airport under Project 9-44-012-14. (For full text of Mas*lute*n, see Resolution Book No. 2?, page 458, ) Mr. Pollard moved the ad.option of the Resolution. The notion was seconde~ by Mr. St*lief and adopted by the following vote: AYES: Messrs. Garland, Jones, P~llard, Pood, St*liar, Mheeler and Mayor Dillard ..................... 7° NAYS: None ................ O. PAT PLAN-PLANNING: Council having directed the City Attorney to prepare the proper measure amending the Pay Plan by changing the title of the Industrial Development Planner to Assistant Planning Director, he presented same; whet*bp*no Mr. St*lief offered the following emergency Ordinance: 169 (s16109) AN ORDINANCE amending Ordinance Ho. 14300; and providing for an emergency° (For full text or Ordinance. see Ordinance Nook No. 2?. page 459.) Hr. Sm,lief moved the adoption of the Ordinance. The motion mas seconded by Hr. Jones and adopted by the foil,ming vote: AYES: Messrs. Garland. Jones. Pollard. Pood. Stoller. NEe.let and Hayor Dillard ........................ ?. NAYS: None ................. O. CITY GOVERNMENT-HEALTN DEPARTRENT: Council having previously adopted u Resolution authorizing the Health Department. from time to time. to destroy certain outdated records, the City Attorney presented a draft of a Resolution authorizing the Health Department to destroy additional outdated records; nh,reap,n, Mr. it,lief offered the following Resolution: (m16190) A RESOLUTION authorizing the Roanoke City Health Department to destroy, from time to time, certain outdated records. (For full text of Resolution, see Resolution Hook No. 27, page 459.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the foil,ming vote: AYES: Messrs. Garland, Junes, Pollard, Pond. Stoller. Nheeler and Mayor Dillard .........................7. NAYS: None ..................0. STATE HIGNNAYS: Yhe City Attorney presented draft of a Resolution agreeing to perform requisite phases of the right of way acquisition program in regard to the proposed construction of State Route 599, Project 0599-128-101. RR-201. in the City of Roanoke; whereupon. Mr. Stoller offered the following Resolution: (~16191) A RESOLUTION agreeing to perform requisite phases of the right of way acquisition program in regard to the proposed construction of State Route 599, Project 0599-12N-lOl. aW-201, in the City of Roanoke. (For full text of Resolution. see Resolution Hook No. 27. page 460°) 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, Pond. Stoller. Wheeler and Mayor Dillard ...................... ?. NAYS: None ..................O° TAXES: Council ut its last regular meeting having deferred action on an Ordinance amending Section 1. Rate of tax on realty and personalty, Chapter 1, Current Taxes, Title Vl. Taxation, of The Code of the City of Roanoke..1956, to reordain the annual tax rate on all taxable real estate and tangible personal property mithin the city, available, for such purposes, so as to recognize a recent change in the state law making available for local taxation certain tangible person; property of trades and businesses which have heretofore been taxable, as capital, by the state, the Ordinance.was again before tee body. ~170 Nr. Stellar moved .that the tax rate of $3,45 for 1964 be continued for 1965 end thor this rote be included lo the proposed Ordinance, The we.fen wes seconded by Mr, pollord nod unanimously adopted, Mr, 5~oller then offered the following emergency Ordinonce:, (m16192) AN ORDINANCE to emend and reordain Sec, 1, 'Rate Of tax Ge realty fid personaltyt of Chapter!, *Current Tax~st Of Title ¥I. eTaxation' of The Code of the City of Roanoke, 1956~ and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No, 27, page 461,) Hr, Stellar moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and .adopted by the following vote: AYES: Yessrs. Garland, Jones, Pollard. Pond, Steller, Nheeler and Mayor Dillard ...................... 7. NAYS: None .................. Oo BUDGET: Council having held a number of budget study sessions in con- nection with the proposed 1965 budget, the matter was again before the body. fa this connection, Council baring adoption Resolution ~16135, appointing a committee composed of #ayor Benton O, Dillard, Chairman, Rr. Murray A, Stellar. and Rt, Vincent S. Wheeler, pursuant to the provisions of Section 9(d) of the Pay Plan to review the performance and salary of Council appointees, the committee submitted a written report, recommending that the salaries for the unclassified employees of the city for the year 1965 be as shown on attached sheets, except that the salaries of the Constitutional Officers be fixed at the rates awarded by the Compensation Board and contained in the proposed 1965 budget, Mr. Stoller moved that Council concur In the recommendations of the committee. The motion was seconded by Mr. Wheeler and unanimously adopted. Mr. Wheeler then offered the following emergency Ordinance making appro- priations from the General Fund of the City of Roanoke for the fiical year begJnnin~ J~nuary 1, 1965, and ending December 31, 1965: (~16193) AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning January 1. 1965. and ending December 31, 19651 and declaring the existence of an emergency. {For full text of Ordinance, see Ordinance Book No. 27, page 462.) . ~r, Wheeler noted the ad~ptlon of. the Or~lnance, . The motion was seconded by Rt. Stoller and adopted by the following vote: AYES: Ressrs. Garland, Jones, Pollard. Pond, Stoller. Nheeler and RayorDillard---Z ................. 7. NAYS: ,None ................. O. Wr, Stoller offered the following emergency Ordinance making appropriatiol from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year b~ginning January 1, 1965, and, ending December 31, 1965: '171 (n16194) AN ORDINANCE making appropriations from the Namer General Fend and the Hater Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1965, nad ending December 31, 1965; and declaring the existenc~ of an emergency, (For.full text or Ordinance, see Ordinance Book NO. 2?, page 480,) Hr. Stoller moved the adoption.of the Ordinance. The motion was seconded by Hr. Nheeler and adopted by .the following vote: AYES: #essrs, Garland, Jones, Pollard, Pond, Sm,lief, Hheeler and Hayor Dillard ........................ NAYS: None ................. O, Hr. Sm,lief then offered the following emergency Ordinance making appro- priations from the Seuage Treatment General Fund and the Sewage Treatment Replaoemen Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, lg6S. and ending December 31, 1965: (gl61gs) AN ORDINANCE making appropriations from the Sewage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1965, and ending December 31. 1965; and declaring the existence of an emergency. (For full text of Ordinance. see Ordinance Book No. 27, page 482.) Mr. Stoller moved the adoption of the Ordinance. The motion mas seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garlandt Jones, Pollard, Pond, ~toller, Wheeler and Mayor Dillard ........................ 7. NAYS: None ................. O. . MOTIONS AND MISCELLANEOUS BUSINESS: TAXES=LICENSES: Counoil having held a public bearing on November 1964, on proposed changes in the License Tax Code as recommended by the Roanoke Tax Study Committee, and having taken the matter under consideration, and having adopted a motion in one of its budget study sessions not to adopt the new License Tax Code as of January 1, 1965. but to continue study of the matter as a committee of the whole, Mr, William R, Hill. Executive Director, Downtown Roanoke, Incorporated, appeared before the body and read the following prepared statement: "Downtown Roanoke, Inc,, wishes to commend City Council, the Tax Study Commission and the many others whose thought and effort make possible the adoption of a record budget without a tax increase, Yhis Is a notable achievement and should be recognized as such. It goes without saying that retailers and wholesalers are disappointed that this budget rules out tax relief for them for another year, But this development certainly comes as no surprise to most of them. These people are saddled with a tax that is admittedly unfair. He believe that so long as this situation exists, council will continae to be responsible for determining how to alleviate it. Everyone knows ~hy the merchants license tax should be reduced. The evidence speaks for Itself, All of ns need to devote more thought to ho.~ the tax can be reduced. This will be one of Downtown Roanoke's major projects as we work with cou*ncil during the coming year,* i72 Mr. St*lief moved that the ststement be filed, The motion mas seconded by lr,.Iheeler oud IseIiBoisly &do,ted, · FRHSIONS~ Hiyor Dillard reported that he has reuppointed Mr, T, T, Moore os · member of the Advisory Committee os Investment of Funds to the Board of Trustees of the Eaployees* Retirement System of the City of Roanoke, Virginia, for u tern of three lears beginning Jnnunry Hr, Stoller moved that the report be filed, The motion was seconded by Mr, Mheeler and unanimously nd*pled. PURLIC SOLICITATIONS: The City Clerh reported that Messrs, Fluve Baird, Franh J. Sherertz and Juch C, Smith have qualified as members of the Public Solicitation Advisory Commission for terms of tm* years each beginning January 1965. Mr. Pollard moved that the report be filed, The motion mas seconded by Mr, Stoller and unanimously adopted. AIR POLLUTION CONTROL: The City Clerk reported that #r, Fred [, Prosser has qualified as a member of the Advisory and Appeal Board, Air Pollution Control, for a tern of roar years beginning January 1, 19&5. Mr. Jones moved that the report be filed, The motion was seconded by Mr, Pollard and unanimously adopted. On motion of Mr. Mheeler, seconded by Mr. Jones and unanimously adopted. the meeting was adjourned. AP, PROVED ATTEST: / City Clerk Mayor 173 COUNCIL IEGULAR b'FETING, Monday, December 20, 1964. The Council of the City of Roanoke wet in regular meeting in the Council Chamber in the Municipal Building, Mondoy, December 28. 1964t at 2 p.m., the regals! wee*Jag hour, with Mayor Dillard presiding. PRESENT: Councilmen Robert ~. Garland, Roy R. Pollard, Sr., Clarence E. Pond, Murroy A. Stoller, Vincent $. #heeler and Mayor Benton O. Dillard .......... 6. ABSENT: ~ouncllman Janes E. Jones .....................................1. OFF,ICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Janes N. Kin:anon, Assistant City Attorney, and Mr. Jo Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend M. M. Scott. Pastor, State Bill Baptist Church. MINUTES: Copy of the winutes of the regular meeting held on Monday, December 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. BEARING OF CITIZENS UPON PUBLIC RATTERS: ZONING: Council having previously set a public hearing for 2 p.m., Monday, December 29, 1964, on the request of Mr. Carl A. Montgomery, et ax** that property located east of Ashby Street, $. M., between Bramble*on Avenue and Sweetbrier Avenue, described as Lot 5, Block 4, CorbJesbaw, Official Tax No. 1650801,~be rezoned from General Residence Distric~ to Business District, the matter was before the body. In this connection, the following communication from the City Planning *November 19, 1964 The flonorabl~ Benton O. Dillard, Mayor and Members of City Council Roapokeo Virginia Gentlemen: In its November lB, 1964 meeting the City Planning Commission considered the above described rezoning request. This project had been carried over from the previous meeting in order to ascertain certain conditions necessary to decide upon the feasibility of rezoning. The Land Development Plan of the City indicates that the lot under consideration should be monad for office and institutional, use. ~Uecause of the proximity of residential structures, the outright commercial use of the property would not be desirable. The applicant. Mountain Trust Bank, assured the Commission by letter, a copy of which is enclosed, that the proposed use would be exclusively for a service branch banR, and not for general commercial use. In vier of these agreements, the Planning Commission is of the opinion that the rezoning of this property would not be detrimental to the residential character of the neighborhood, but would permit the logical extension of services available in this general shopping area. The Planning Commlsslon, therefore, recommends to City Council that the above described lot be rezoned from General Residence District to Business District. Sincerely yours, S/ Merner K. Sensbach/h Benry U. Boynton 17..4 before Council In support of the request of bis clients. No one appearing in opposition to the request for rem,wing. Hr. Wheeler moved that Council concur ia the recommendation or the City Planning Counission that the following Ordiussce be placed upon its first rending: (m16196) AN ORDINANCE to emend nnd reenact Title X¥. Chapter 4. Section 1. of The Code of. the Cltyof Rosa,he. 1956. in relation to Zoning. MHEREASt application hms been msde tothe Council of the City of Roanoke to have that property located on the east side of Ashby Street. S. R.. between Brambleton Avenue and Sweetbrier Avenue. described'ns Lot 5. Block 4. Corblesham. Official. Tax No. 1650001. rem,ned from General Residence District to Dusiness District; and MflEREAS. the City Planning Commission has recommended that the hereinafte: described land be rea,ned from General Residence District to Business District; and NHEREAS. 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 Mor]d-News." a newspaper published in the City of Roanoke. for the tine required by said section; and · ~D£REAS. the hearing as provided for in said notice was held on the 28th day of December. 1964. at 2 pomo. before the Council of the City of Roanoke. at which hearing all parties In Interest end citizens were given an opportnnity to be heard both for and against the proposed fez,sing; and . WMEREAS. this Council. after considerin9 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 Tttl~ X¥, Chapter 4. Section 1, of Zhe Code of the City of Roanoke. 1956, relating to Zoning. be amended and reenacted in the following particular and no Other. viz.: Property located on the east side of Ashby Street, S. No. between Brambleton Avenue and Sweetbrier Avenue. described as Lot 5,. Block 4, Corbteshaw. designated on Sheet 165 of the Zoning Map as Official Tax No, 1650801, 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. Pollard and adopted by the following vote: AYES: Messrs. Garland. Pollard. Pond, Stoller. Nheeler and Mayor Dillard ................................ 6, NAYS: None .................. O. (Ur. Jones absent) PETITIONS AND COMMUNICATIONS: LICENSES-~AXES: A communication from the Commissioner of the Revenue, pointing out that Section 16, Chapter 8, Title VI. of The Code of the City of Roanoke, 1956. provides that no license shall be transferable until the business, trade, occupation or profession for which it was issued shall have been in operatto~ continuously for a period of not less than twelve consecutive months, as a result 175 of which wen! purchasers of licenses hove petitioned Contel1 for relief or nbatenen of second Installment payments because of a change la ownership of the businesses for which the licenses were Issued during the first half of' the year, and requestin that the section be amended to omit the'twelve month requirement where soch busines Is to be continued by the new owner, was before the body. In this connection, Hr, A, M, Gilbert. Assistant Commissioner of the Revenue, appeared before Council and explained that the proposed amendment does not provide relief of second installment payments of license taxeso but merely eliminate Mr. Smaller 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 by Mr. Garland ned unanimously adopted, POLICE DEPARTMENT: A communication Mrs, Oaun H, Stanley, requesting that the policy of not hiring former policemen be amended to provide for certain exceptions, was before Council. On notion of Hr, Pollard, seconded by Mr. Mheeler and unanimously adopted the matter was referred to the City Manager for study and report to Cosncil, REPORTS OF OFFICERS: BUDGET-MATER DEPARTMENT: The City Manager submitted a written report. recommending that $050 be transferred from Fees for Professional and Special Services under Section gO4, WBridge Repair;w $100 from Fees for Professional and Special Services, ~179.60 from Vehicular ~quipment - New and $100 from Operational and Constructional Equipment - New under Section ~68. '#alntennnce of City Property of the 1964 budget, a total of $1,237.00, be transferred to Carvln$ Cove Inprovemen under Section nl?O. WCapltal,' of the 1964 budget, to complete the three new toilet at CoFfins Cove. Mr. Stoller moved that Council concur in the reconnendation of the City Manager and offered the following emergency Ordinance: (m16197) AN ORDINANCE to emend 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 483.) Mr. Smaller moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond. Stoller, Rheeler and Mayor Dillard ............................... NAYS~ None ................. O, (Mr. 3ones absent) In this connection, Mr. O. B. Harden appeared before Council and pointed oat the need for a road to the Bennett Springs toilet facility. On motion of Mr. Stoller. seconded by Mr. Garland and unanimously adopted, the matter of constructing a road to the Bennett Springs toilet facility sas referred to the City Manager for study and report to Council. 176 BUDGET-PAY FLAN-MONICIPAL COURT: The City #snarer submitted i written report, advising taut the position of Deputy Clerk la the #ealeipal Court mill be vacant Jauuar? l, 1965, and recomaended thut he be authorized to fill the pending vacancy since it Is of an emergency nature. Mr. Garland moved that Council concur in the recommendation of the City Hsnuger and that the matter be referred to th. City Attorney for preparation of the proper measure. The motion was seconded by Mr. Pond iud unanimously adopted. HOUSING-SLUM CLEARANCE-AUDITORIUM-COLISEUM: The City Manager submitted the following report, recommending that the city employ un attorney ut a fee of $1.200 to examine the title to the 22 1/2 acre site in the Commonwealth Redevelop- mens ProJect previously authorized to be purchased by the City of Roanoke and the acquisition of title insurance on said tract of land at a cost of $1,125: 'Roanoke, Virginia December 2~, 1964 To the City Council Roanoke, Virginia Gentlemen: The closing date for the City's acquisition of title to the 22 1/2 acre site in the Commonwealth Redevelopment ProJect and the date for the Cltyts payment of the remaining $250,000 towards its purchase is fixed by contract on February 1. lgbS, and it seems blgb]y desirable and advisable that the transfer of title and accompanying payment be made precisely on that date. Due largely to the fact that the 22 1/2 acre site consists of over two hundred odd former lots or parcels of land and numer- ous public street and, alley areas heretofore formally closed and vacated, the Assistant City Attorney has recommended to me that the City secure an omner's-type single premium title insurance policy insuring to the City the fee simple, unencumbered title to the entire 22 1/2 acre site In the full amount of its purchase price, namely, $500,000. I am advised that the total cost of such title insurance would nmouht to $2,325, mhlch amount would include the single premium payable to the title insurance company issuing such policy and the attorney's fee ~o aa attorney, other than the City Attorney or Assistant City Attorney, applying for and securing the insurance policy. I feel certain that this additional cost is Justifiable and would be partly reimbursed to the City upon formulation of the proposed project for the site. Accordingly, I have had prepared and recommend for your adoption an ordinance which mould authorize and direct the securing of the title insurance above-mentioned at a total cost cot to exceed $2,325; for which an additional appropriation of the same amount should be contemporaneously made by the Council. Respectfully submitted, S/ Arthur So Owens City Manager' In a discnsston'of the mstter, the AssiStant City Attorney explained that the Job of examining each title minutely is more than the office of the City Attorney can handle by February 1, 1965, and also voiced the opinion that it is important the title insurance be acquired. Mr. Garland pointed out that the City of Roanoke Redevelopment and Housing Authority has already h~d the title to ~be land examined and that for the city to do likewise seems a duplication of effort. Mayor Dillard and Mr. ~heeler stated they have no objection to employing an attorney to examine the title since the City Attorney has been absent from his office due to illness, but they fail to see any necessity for acquiring the title Insurance. 177 Mr, Stoller pointed out that if u referendum for the construction of un auditorium*coliseum on the site is successful the bonding attorneys might require .title insurance ua the property when the bonds for the project ore sold, Mro $toller moved that the draft of Ordinance be omeaded to read 'includ- ing u $1,125 premium on said policy and a $1,200 fee to the uttorneyU. The motion m3s seconded by Mr, Carload. Hr. Wheeler offered u substitute motion that the Ordinance be amended to provide for the payment of · $1e200 fee to the attorney only, The substitute motion failed for lack of a second, The original motion of Hr, Stoller was then adopted, Mr. Mheeler and Mayor Dillard voting no, Mr, Stoller offered the following emergency Ordinance as amended: (~16198) AN ORDINANCE directing the acquisition of title insurance on u certain 22 1/2 acre site being acquired by the City in the Commonwealth Redevelop meat Project; and providing for an emergency. NDEREAS, the City has heretofore elected to purchase from the City of Roanoke Redevelopment and Dousing Authority a certain 22 1/2 acre site in the Commonwealth Redevelopment Project, the sale and conveyance thereof to the City and the payment thereforby the City to be made February 1, 1955; and WHEREAS, the City Manager and the City Attorney have recommended to the Council that authority he given and funds provided for the City*s acquisition of a policy o£ insurance on the title to said 22 1/2 acre site, the total cost of which to the City is estimated at $2,325, including the premium on said policy and an attorneyts fee to the attorney, other than the City Attorney to Assistant City Attorney, applying for said title insurance, which total amount i~ being contempor- aneously herewith appropriated by the City for such purpose; and MHEREAS. for the usual daily operation of the municipal government, an emergency is deemed to exist in order that this ordinance may take effect upon its passage. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that the City Attorney be, and he is hereby authorized and directed to arrange for the issuance to the City of o good and sufficient policy of insurance, issued by a titl insurance company authorized to do business in the Commonwealth and to be selected by said City Attorney, insuring to the City in the value of $500,000 the fee simple, unencumbered title to that certain 22 1/2 acre site in the Commonmealth Redevelopmen · Project, to be acquired by the City on February 1, 1965. the total cost to the City for securing such insurance not to exceed the sum of $2,325 including a premium on said policy and a $1,200 fee to the attorney, other than the City Attorney or Assistant City Attorney, applylng for the same, and payment of such premium and atto£neyOs fee to be made by the City Auditor upon bills rendered the City therefor, approvqd by the City Manager and the City AttoFneyo RE £T F~RTDER ORDAINED that, an emergency existing, this ordinance shall be in full force and effect upon its passage. 178 Mr. Stoller moved the adoption or the Ordlnonceo The motion mas seconded by Mr, Pollard and lost by the follomiog vote: AYES: Messrs, Garland, Pollard, Pond and Stoller .................... 4, NAYS: Mr. Wheeler and Mayor Dillard ................................. (Mr, Jones absent) Mr, Mheeler moved that the matter be reconsidered, The motion mas seconded by Hr, Stoller and unanimously adopted, Mr, Stoller.then moved that lhe following Ordinance he pieced upon its first reading: (nlGlga) A~ ORDINANCE directing the acquisition or title insurance on n certain 22 1/2 acre site being acquired by the City In the-Commonwealth Redevelop- meat Project, NREREAS, lhe City has heretofore elected to purchase from the City of Roanoke Redevelopment and Housing AuthoFity· certain 22 1/2 acre site in the Commonwealth Redevelopment Project, the sale and conveyance thereof to the City and the payment therefor by the City to be nude February 1, 1965; and NDEREAS, the City Homager and the City Attorney have recommended to the Council that authority be given and funds provided for the Clty*n acquisition of a policy of insurance on the title to said 22 1/2 acre site, the total cost of which to the City is estimated at $2,325, lucludln9 the premium on said policy and an attorneyes fee to the attorney, other than the City Attorney or Assistant City Attorney, applying for said title insurance, which total amount is being con- temporaneously herewith appropriated by the City for such purpose, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Attorney be, and he is hereby authorized and directed to arrange for,the issuance to the City of a good and sufficient policy of insurance, issued by a titl, insurance company authorized to do business in the Commonwealth and to be selected by said City Attorney, insuring to the City in the value of $500,000 the fee simple, unencumbered title to that certain 22 1/2 acre site in the Commonwealth Redevelop- ment Project. to be acquired by the City on February 1, 1965, the total cost to the City for securing such insurance not to exceed the sum of $2,325 including a $1,125 premium on said policy and a $1,200 fee to the attorney, other than the City Attorney or Assistant City Attorney, applying for the same, and payment of such premium and attorneyes fee to be made by the City Auditor upon bills rendered the City therefor, approved by the City Manager and the City Attorney. The motion was seconded by Hr. Pollard and adopted by the following vote: , AYES: Messrs. Garland, Pollard, Pond and Stoller .................. NAYS: Rt. Wheeler and Mayor Dillard ............................... 2 (Mr, Jones absent) AMBULANCES-LIFE SAVING CRENS: Council at its meeting on May 11, 1964, having postponed a public hearing scheduled for May ID. 1964, on a proposed Ambulance Ordinance, the City Manager submitted a written report, transmitting an '179 amendment to Section IT.to provide that Voluntary ambulance service shall not remove patients from n hospital located ia the city unless suck patient be tries- ported to a point outside of the city by aa ambulance opernted from a location or headquarters outside the cltyt and suggested that Council accept the amendment and set c public hearing on the proposed Ambulance Ordinance at aa early date. Mr. St,lief moved that Council approve the amendment. The motion was seconded by Mr. Garland and adopted. Mr. Pollard voting no. Mr. St,lief then moved that a public hearing on the proposed Ambulance Ordinance be held ut 7:30 p.m.. March 1o 1965. end that the matterhe referred to the City Attorney for preparation of the proper notice for public,ti,ri. The motion mas seconded by Mr. Garland and unanimously adopted. FIRE DEPARTMENT: Council having decided in budget study sessions to abcndon No. 4 Fire Station..tbe City Manager submitted a written report, requesting that Council adopt the necessary Ordinance authorizing end directing the closing of the fire station effective at noon on December 31. 1964. Mr. St,lief moved that Council concur in the request of the City Manager and offered the following emergency Ordinance: (=16199) AN 0RDINANCEauthorizin9 and directing the closing of Fire Station No. 4, located on the north side of Highland Avenue between Franklin Road and 3rd Street. S. M.; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27, page 404.) Mr. St.lieF moved the adoption of the,Ordinance. The motion wes seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland. Pollard. Pond. St,lieF. Mheeler and Mayor Dillard .................................6. NAYS: None ....................O. (Mr. Jones absent) In this connection, Council at its last regular meeting having accepted the verbal offer of Mr. Morton Roneyman, Attorney and Agent for the Beth Israel Synagogue Trustees, for the purchase of the No. 4 Fire Station property for the sum of ~12,500, cash, and having referred the matter to the City Attorney for preparation of the proper measure, the City Manager submitted a written report, transmitting an official offer from Mr. Honeyman for the property and a check .in the amount of $2,500 as a deposit on the offer, the City Manager recommending the acceptance of the offer and the check. Mr. Mheeler moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~16200) AN ORDINANCE authorizing the sale and conveyance of the entire of Lot 12, Block 1, Sheet S. M. 3 of the Official Survey, formerly the No. d Fire Station property, to the Trustees of Beth Israel Synagogue on certain terms and conditions; and amending to the extent provided herein certain provisions of Ordinance No. 15901, relating to the exchange of certain real estate between the City of Roanoke and the aforesaid Trustees. #HRREAS, the Council heretofore, by Ordinance No, 15901, authorized the City's acquisition of certain lend on Frenklin Road, S. V,, nad, as consideration therefor, math,rimed zed directed the payment of certain money and the transfer and conveyance by the City of t westerly portion of the property occupied by the City*s No, 4 Fire Stotioz; end WHEREAS, provision is being mede for the closing end disestablishment of the entire of said fire.station for the more efficient nnd economical provision of fire protection service in said area nnd said property will no longer be needed by the City for such purpose; and WHEREAS, the conveyances authorized by aforesaid Ordinance Ho. 15901 have not yet been mede between the parties and the Trustees of Hath Israel Synagogue hare now offered in writing to purchase from the City the entire of said fire station lot, fronting 50 feet on Highland Avenue, S. W., east of Franklin Road, and In consideration therefor, to pay to the City the full sum of $12,500, cash, to convey to the City with adequate warranty of title, unencumbered, that certain strip of land off the front of said Synagogue Trustees' property situate on the northeast corner Of Franklin Road and Highland Avenue, S, W** approximately 83 feet la length, H feet In midth at its south end and 6.13 feet in width at its north end, as said strip Is shown on Plan No. 4856-1 on file in the office of the City Engineer, the current written offer of said Synagogue Trustees being intended to merge and consolidate Into said offer all outstanding arrangements and commitments between the City and said Trustees, such merger to make unnecessary and ineffective the provision for certain conditions, limitations, restrictions and easements provided for in paragraph,nunbered~3 of Ordinance~No. 15901, aforesaid; and WHSREAS, the City Hanager has recommended to the Council that the City accept the aforesaid current offer and that the Council authorize the conveyance to said Synagogue Trustees of the title to the entireof said former fire station property upon the terms and provisions above recited, An which recommendation the Council concurs, TflER£FOR£, BE IT ORDAINED by the Council of the City of Roanoke as follow 1, That the written offer made to the City under date of December 1964, by and on behalf of the Trustees of Reth Israel Synagogue to purchase from the City the entire of Lot 12, Block 1, Sheet So W, 3, according to the Hep of the Official Survey, fronting 50 feet on the north side of Highland Avenue, S, #,, east of Franklin Road, and formerly occupied by the City*s No. 4 Fire Station for the sum of $12,$00, cash, together with a conveyance to the City of that certain strip of land off the front of said Synagogue Trustees* property on the northeast corner of Franklin Road and Highland Avenue, S, W,, containing 616 square feet and as shomn on Plan No. 4R56-1 on file in the office of the City Engineer,'be, and said offer is hereby accepted and, upon payment to the City of the sum aforesaid and delivery to the City of a good end sufficient deed of conveyance conveying to the City the fee simple, unencumbered title to said 616 square foot strip of land upon 181 such form of deed as is approved by the City Attorney, the Mayor and the City Clerk ore hereby authorized and directed.-for, and on behalf of the City, to execute tod to seal and attest, respectively, iud thereafter to deliver to the Trustees of Beth Israel Synagogue the City*s deed conveying to said Trustees, in fee simple amd mith general warranty of title, the entire or the City*s former Bo, 4 Fire Station property together math the building located thereon, and designated as Lot 12, Block 1, Sheet S. W. 3, according to the Map of the Official Surveyt the Clty*a said deed of conveyance to be made upon such form os is prepared And approved by the City Attoruey~ and 2. That Ordinance Mo. 15901, heretofore adapted by the Council on July 13, 1964, authorizing a certain exchange Of real estate between said parties be, and Is hereby amended and modified to the extent herein provided. The motion mas seconded by Mr. Pond and adopted by the following vote: AYES: Messrs, Garland, Pollard, Pond, St*lief, #heeler and Mayor Dlllard-~ ............................... MAYS: Won* ....................O. (Mr. Jones absent) Mr. Mheeler then moved that the. City Manager be directed to accept the check in the amount of $2.500 to be applied toward the purchase price of $12.500. The motion was seconded by. Mr. Pollard and unanimously adopted. BUDGET-POLICE DEPARTMENT-FIRE DEPARTMENT: Council in its budget study sessions having appropriated funds for the employment of ten additional policemen and twenty*two additional firemen, the City Manager submitted a written report. pointing out that it is necessary for him to secure permission to employ, the additional men. Mr. St*lief moved that Council concur in the report of the City Manager and offered the following Resolution: (n16201) A RESOLUTION authorizing an increase in the Clty*s Police Department and in the City's Fire Department by the employment of certain additiona members of each said department, effective January 1, (For full text of Resolution, see Resolution Rook Mo. 27, page 485.) Mr. St*liar moved the adoption of the Resolution. The motion was sec*nde, by Mr. Pond and adopted by the foil*wing vote: AYES: Messrs. Garland, Pollard, Pond, St*liar, Wheeler and Mayor Dillard .............................. MAYS: Moue .................. O. (Mr. Jones absent) AUDITS-SCB00LS: The City Auditor submitted written reports on an examination of the records of the Monterey, Morningstde, Loud*n, Jamison and Oakland Elementary Schools for the school ye~ar ended Jane 300 1964, advising that all the records were in order and the statements of receipts and disbursements reflect recorded transactions for the period and the financial condition of each fund. Mr. St*lief moved that the reports be received and filed. The notion was seconded by Mr. Pollard and unanimously adopted. 182 ClY! AUDITOr: The. City Auditor submitted a fIouoCIoI report of the City of Koss*he. for the month of November. 1964. Mr. Pollord moved the, the report be received end filed. The motion mis seconded by Hr. Jheeler and euunimousl! ed*pied. ZONING-STREeTS AND ALLEYS; Council having referred to the City Planning Commission for study. ;aport and recommendation the question of establishing n setback line on both sides of Colnolal Avenue. S. #** from Brondon Avenue to the corporate limits, to provide for on 80-foot street, the City Planning Commission submitted a written report, recommending that the setback line be established. Mr. St*lief moved that i public hearing on the question be held et 7:30 p.m** February 1. 1965. and that the matter be referred to the City Attorney for preparation or the proper notice for publication. The motion mas seconded by Hr. Mheeler end unanimously adopted. ZONING: Council having referred to the. City Planning Commission for study, report and recommendation a request of Mr. J, M. Mhd,ahead. et ax.. that property located on the northwesterly side of Colonial Avenue. S. M.. designated as parts of Lots 1-$. inclusive. Block 3. Mia*nm Addition. Official Tax Nos. 1260311 end 1260312. he fez*ned from General Residence Dlstrict to easiness Dis,rio the City Planning Commission submitted a written report, recommending that only Lots 1-4. inclusive, be rea*ced. It appearing that the recommeedatioa of the City Planning Commission Is sat.isfactory to the petitioners. Mr. bheeler moved that a public hearing be held at 7:30 p.m.. February 1. 1965. on the question of rea*ming parts of Lots 1-4. inclusive. Block 3. Win*nm Addition. from General Residence District to easiness District. The motion nas seconded by Mr. Pollard and unanimously adopted. REPORTS OF COBMXTTEE.~: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ARMORY: Ordinance Garrison for operating the concessions at the National Guard Armory for the period beginning January 1, 1965, and ending January 1, 1966, having previously been befor, 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: (n16183) AN ORDINANCE accepting the bid of Samue I A, Garrison for operating the concessions at the National Guard Armory for the period beginning Janauary 1. 1965. and ending January 1. 1966. (For fall text of Ordinance. see Ordinance Book No. 28, page 1.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. St*Ilar and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, St*liar, Wheeler and Mayor Dillard .............................. NAYS: None ................... O. (Br. Jones absent) ,183 BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain va:ut:les iu vuriou~ whereupon, Mro 5toiler offered the foil*ming Resolution: (m16202) A RESOLUTION authorizing the GIW Manager to empl?y certain pers?nnel. (For fall text of Resolution, see Resolution Rook No. 2Y, page 485.) Hr. 5toiler moved the adoption of the Resolution. The motion was sec*nde( by Ir. Pollard and adopted by ~he following vote: AYES: Messrs. Garland, Pollard. Pond. St*lief, Rheeler and Mayor Dillard ....... ~ ........................ 6. NAYS: None ............'"T. ...... O. (Mr, Jones absent) PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council having directed the City Attorney to prepare the proper measure authorizing the purchase of approximately 32.39 square feet of land at the intersection of Windsor Avenue end Wakefield Road, 5. W., from NFo J.,P. Mai*ney, for the sum of $50, he presented same; whereupon, Mr. Wheeler offered the following emergency Ordinance: (n16203} AN ORDINANCE authorizing the acquisition of approximately 32.39 square feet of land at the intersection of Windsor Avenue and Nab*field Road, 5. W., for street purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 486.) Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopt~d by the following vote: AYES: Messrs. Garland, Pollard, Pond, St*lief, Wheeler and Mayor Dillard .................................. 6, I~YS: None ................. O. ,(Mr. Jones absent) ADVERTISIWO-CITY GOVERNMENT: Council having directed the City Attorney to prepare the proper measure rejecting bids received for advertising the City of Roanoke' he presented same; whereupon, Mr. Wheeler offered the following Resolution (z16204) A RESOLUTION r~lating to the ~roposed program for advertising the City of Roanoke; rejecting all proposals recently.made to the C{ty for certain advertising; continuing the committee heretofore appointed in the premises; and extending the Council's appreciation tO the firms making the aforesaid proposals. (For full text of Resolution. see Resolution Book No. 27. page 487.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Pollard, ,Pond, Stall*r, Wheeler and Mayor Dillard ................................ 6. NAYS: None ................... O, (Mr. Janes absent) BUDGET-FIRE DEPARTMENT: Council having referred to the Budget Commission the question of reducing the hours of firemen from 68 hours per week to 62 hours per week by giving them one additional:day off per month. Mayor Dillard pointed oat ',:!.84 that in budget study sessions Conuoil approved the employment or twenty-two udditiouul firemen uad thut he bas had nu Ordinance prepared increasing the days ' orr per year for each number of the Fire Department who works on tmenW-four hour shirts from tbirW-six to forty-eight uud the number or days off each month in lieu or Saturdays, Suuduys end holidays for each dispatcher from seven to eight, In this connection, Hr. S. M, Vuugkan, Chief of the Fire Depnrtnente appeared before. Council, advising that In 8.conference with his stuff it mas agreed to reduce the present 60 boar meek to i 63 hour meek and that he requested 18 additional firemen in his 1965 budget on this basis, Chief Yuugban Stating that the City #anager his had un Ordinance prepared mhioh would give each member of the Fire Department mbo works on twenty-four hour shifts every fourth day orr totaling 46 days off one year and 45 days off,the next year, In u discussion of the matter, Hr. Leonard N, Kltts, a member of the Fire Department, voiced the opinion that the firemen should be given their days off when Chief Yaughan replied that this mould not be feasible, especially where accumulated vacation is involved. After a lengthy discussion as to whether or not it was the intention of Council to reduce the hours of the firemen from 66 hours per week to 63 hours per week or give them one additional day off per month, Hr. Pollard offered the following emergency Ordinance giving the firemen one additional day off per month: (216205) AN ORDINANCE amending and reordaining subsection (e) of Sec. 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 become effective January 1, 1965; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 27, page 488,) Mr, Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote, Mr. Stoller voicing the opinion that it appears to be more feasible to give the firemen every fourth day off: AYES: Messrs. Garland, Pollard, Pond, Wheeler and Mayor Dillard ....... 5. NAYS: Mr, Stoller ................................................. 1, (Mr. Jones absent) MOTIONS AND MISCELLANEOB$ RDSIN£SS: LICENSES: . Mr, Stoller brought to the attention of Council the matter of requiring taxpayers to produce their current personal property tax receipts in order to obtain city automobile license tags, In a discussion of the matter, some of the members of Council voiced the opinion that if such a measure is adopted the taxpayers should be required to produce receipts for taxes paid on personal property two years before rather than one year. After a further discussion of the question, members of Council indicating they would vote to have the measure prepared, but would not commit themselves to ~.85 support it, Nr, Stoller moved that the City Attorney be directed to prepare the proper measure making the exhibition of 1964 personal property tax receipts a requirement rot obtaining 1965 city automobile license tags. The motion mas seconded by Mr. Pollard and unanimously adopted, · In this connection, Mr. John L, Thompson appeared before Council in opposition to the proposed measure. Mr. Thompson pointing cut that Council has already adopted a balanced budget and yet it is contemplating requiring the tax- payers to pa! one tax before they can pa7 another, mhich, in his opinion, is brsicaily unconntitutional. STATE HIGHWAYS: Hr. Wheeler called attention to the fact that there mill be a vacancy of the Salem District seat on the State Highway Commission next June and that the Roanoke Chamber of Commerce has endorsed Hr. Earl Am Fitzpatrick for appointment to the State Hlghuny Commission, Mr. Wheeler voicing the opinion that Council should also endorse Hr. Fitzpatrick and offering the following Resolution: ¢~16206) A RESOLUTION endorsing the UonoFable Earl A, Fitzpatrich for appointment to the State Uighuay Commission of Virginia, (For full text of Resolution. see Resolution Uooh No. 2?, page 488.) #Fo Wheeler moved the adoption of the Resolution. The motion was seconde( by Hr, Pollard and adopted by the follouin9 vote: AYES: Messrs. Garland, Pollard, Pond, Stoller, Wheeler and Mayor Uillard .............................. ~A¥$: None .................... G, (Hr. Wheeler absent) On motion of Mr. Pollard, seconded by Hr, Garland and unanimously adopted, the meeting was adjourned. ATTEST: ty Clerk APPROVED :1',86 COUNCIL, SPECIAL MEETING, Thursdsy. December 31, 1964, The Council of the City o~ Roanoke met in special meeting ~n the Council Chamber in the Municipal Building, Thnrsdaye Oecember .31, 1964, et 3 p.m,, at the request or the City Manager, to consider cea*alT luportant matters uhich, in his opinion, should be acted upon before the end of the current calendar year, with Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, James ~. Jones, Roy R. Pollard, Sr** Clarence E. Pond, Murray A. 5toiler, Vincent S. Rheeler and Xayor Benton O. Dillard ................................. ?* ABSENT: None .................O, OFFICERS PRESENT: Mr. Arthur So Omens. City Manager. Mr. JaDes No Kincanon, Assistant City Attorney, and Mr. J. Robert. Thomas, Cit~ Auditor. Mayor Dillard stated that the special meeting Of Council has been called by the City Manager pursuant to Section 10 of the City Charter to consider certain i2porteat matters mbich, in the opinion of the City Manager. should be acted upon before the end of the current calendar year. Mr. Rheeler moved that Council go into executive session. The motion was seconded by Mr. Pollard a~d unanimously adopted. ANNEXATION: After the executive session, the City Manager submitted the folloming report math reference to providing city services to the Edgehlll and Peahmood Drive areas on and after midnight, December 31. 1964, and appropriating funds for certain expenditures in the 1965 Annexation Area: *Roanoke. Virginia December 31, 1964 To the City Council Roanoke, Virginia Gentlemen: In furtherance of Section 10 of the Charter of the City of Roanoke, Virginia, tMeetings of Council** I called a special meeting of Council for 3 p.m** December 31. i964. I mould like to deliver to you two ordinances. One directing that a11 services of the City to be provided in certain annexed areas of the City on and after midnightt. Decemher 31; and second an ordinance amending the 1965 appropriation ordinance in the sum of $44.943.54 to carry out the provisions of the annexation decree. I trust it mill be the pleasure of the Council to consider these ordinances and if in your discretion the procedure appears correct, then it mould be appropriate for one or more Councilmen to introduce the ordinances for discussion and action. Respectfully submitted, S/ Arthur S, Omens City Manageru Rr. Pollard moved that the report of the City Manager be received and filed The motion was seconded by Mr. Rheeler and unanimously adopted. 187 The City Auditor submitted the roll*wing report certifying that the funds are~ available for approprlatlon~ 'December 30, 1964. The Council of the City of Rouao~e, Roanoke, Virginia. Pursuant to provisions of Section 25. ih) nad (l)o of the Charter, I hereby certify that funds are available for the appropriation of $44,943.54 for certain expenditures In the 1965 Annexation Area, and thus such funds are not otherwise appropriated. S/ J. Robert Thomas City Auditor" Hr. Jones moved that the report of the City Auditor be received and filed with the City Clerk. The motion was seconded by Hr. Pollard and unanimously adopted. Mr. St*lieF offered the following emergency Ordinance amending and reordalaleg the 1965 budget by adding thereto Section =180, '1965 Annex Area," and appropriating the total sam of $44,943.54: (u16207) AN ORDINANCE to amend the 1965 Appropriation Ordinance; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 489.) Mr. St*liar moved the adoption of the Ordinance. The notion was seconded by Mr. Pollard and adopted by the following vote: AVES: Hessrs. Garland, Jones, Pollard. Pond, Stoller, Wheeler and Rayor Dillard .......................... ?. NAYS: None .................. Hr. Rheeler then offered the following emergency Ordinance directing all services of the city to be provided in the newly annexed areas of the city on and after midnight, December 31, 1964: (=16200) AN ORDINANCE directing all services of the City to be provided in certain nemly annexed areas of the City on and after midnight, December 31, 1964; amd providing for an emergency. (For full text of Ordinance, see Ordinance Book Noo 2?, page 489.) Wr. Hheeler moved the adoption of the Ordinance. The motion mas seconded by Hr. Jones and adopted by the following vote: AYES: Rensrs. Garland, Jones, Pollard, Pond, Stoller, R~eeler and Mayor Dillard ........................ ?. NAYS: Hone ............... O. Each member of Council extended a welcome to the newly annexed areas, expressed happiness at having these areas become a part of the city and assured the citizens of said areas of the cooperation of the city and the furnishing of the same services to these citizens as to the other citizens of the City of Roanoke. On motion of Mr. Jones, seconded by Hr. Pollard and unanimously adopted, the meeting was adjourned. APPROVED COUNCIL. REGULAR MEETING. Monday. January 4, 1965, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. January 40 1965, at 7:'30 p.m.. with Hayor D'lllurd presiding~ PRESENT: Councilmen Robert A. Garland. James E. Jones. Roy B. Pollard. Sr.. Clarence E. Pond. Hurray A. St,liar. Vincent S. Wheeler and Mayor Benton O. Dillard ............................... 7. ASSENT: None ................ O. OFFICERS PRESENT: Hr. Arthur S. Omens. City Manager. Mr. James No [lncanon. Assistant City Attorney. and Hr. J. Robert Thomas. City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Raymond Cardwe~l. Pastor. Huntington Court Methodist Church. HEABING OF CITIZENS UPON PUSLICMATTERS: STREETS AND ALLEYS: Council having previously set a public hearing for 7:30 p.m., Monday, JanuarF 4, Ir&5, on the request of Mr. Harry Co Johnson, et that a portion of Madison Avenue, N. E,, extending easterly from its intersection with the former easterly side o£ Fifth Street, W. E. (.ow closed), fora distance of 75 feet, 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, Has before Council: 'August 2T, 1964 The Honorable Murray A. St.liar, Mayor and MembeFs of City Council Roanoke, Virginia Gentlemen: This request mas considered by the Planning Commission during its regular meeting of August 2&, 1964. Mr. Harry G, Johnson, Jr., informed the Commission that closing of a portion of Madison Avenue is sought in order to consolidate properties located on both sides of Madison Avenue and presently owned by Harry Johnson. In studying this request, the Planning Comnission found that ' Madison Avenue at this location is Constructed on top of a hill- side. the western portion of which has recently been graded for the construction of Magic City Motors Corporation; no improve- ments exist on either side of Madison Avenue in this location. It mas also determined that the closing of this street would not interfere,with the,street intersection proposed in the Major Arterial Highmay Plan. The City Planning Conmission therefore recommends to City Council that the above street closing request be granted and Madison Avenue extending for a distance of 75 feet be vacated, discontinued and closed, the City retaining necessary easements for public utilities. Very truly yours, S/ Mercer [o Sensbach for Henry B. Boynton. Chairman Council having appointed viewers in con'action with the application, the riemers submitted a written report, adrising that they hale visited and yiemed the 189 street and the. adjacent neighborhood'end ere unanimously of the opinion no incon- venience mould result, e~ther to any individual or to the public, from vacating, discontinuing and closing same, Hr, Harry G, Johnson, Si** appeared before Council in support of request. No one appearing In opposition to the closing of the street, Hr, N~eeler moved that Council concur in the recommendation cf the City Planning Co'nmisslon and that the follomlng Ordinance be placed upon its first resdingc (#1620g} AN OROINAHCE vacating, discontinuing end closing that certain portion of Madison Avenue, N. E** from its intersectio~ with the former easterly s~lde of 5th' Street, N, E, (now closed), easterly for a distance of 75 feet, MHEREAS, Harry G, Johnson, St,, and Eathleen N, Johnson heretofore made application to the ~ity of Ro'anoke, Virginia, that the street hereinafter described be permanently vacated, discontinued and closed after having first posted notice of the intended application as provided by lam; and WHEREAS, the Council of the City of Roanoke. Virginia, on the 13th day of ~lly, 1964, adopted Resolution No. 15912, appointing Messrs. Harold M. Harris, Jr.. L. S. Maldrop, Luster K. 5to'er, Jr., Millias P. ~allace and J. Harr~ McDroom, Jr** as viewers to view the aforesaid street and report in mriting, pursuant to the provisions of Section 15.1-364 of the Code of Virginia whether in their opinion any and, if any, what inconvenience would result from discontinuing the same; and WHEREAS, said ~iewers did visit and vie~ the aforesaid street and the adjacent neighborhoods and did report In writing that i~ their ~pini~n no ~ncon- venl~nce would result either to any individual or to the public from vacating, discontinuing and closing said street; and WHEREAS, this matter has been referred to the Planning Commission of the City of Roanoke, Virginia, which said Commission has approved the permanent vacatin~ discontinuing and closing of said street; and WHEREAS. a public hearing on the aforesaid application to permanently vacate, discontinue and close said street was held, after a notice thereof was duly advertised in ~he Roanoke World Sews on December 18, 1964, advising the public of the said public hearing before this Council on Jannary 4, 1965, at 7:30 p.m.. s~td day. at which meeting there'mas expressed n~ objection or opposition to vacating, discontinuing and closing said street; and MHEREAS, in the opinion of this Council, no inc~nvenience to the public o: any ~mner will'result if s~id street be vacated,' discontinued a~d closed for the purposes set forth in the aforesaid'application. THEREFORE, BE ~T ORDAINED by the Council of the City of Roanoke, Virginia, that that certain street'located in the City of Roanoke, Virsinia. ~hown on Sheet No. 302 of the Tax Appraisal Map of the Cit~ of Roanoke, Virginia, and more par- ticularly described as folloms, ~o-wit: 190~ That portion 0f Hudison Avenue. ~. K., from its inter- section with the former easterly side or Sth Street, N. (eom closed) easterly for n distance of ?$ feet. he 'end the same l~ hereby permanently vacated, discontinued ~ud closed and that nil right, title end interest of the City of Rounohe, Virginia, and the public in end to the sade be end they ere hereby released laborer as the Council is ~mpomered so to do, the City of Roanoke reserving unto itself, homever, u perpetual easement for semer lln~s, ~reins,~mater lines and other public utilities mhlch may non be located in the aforesaid street. BE IT F~RT~ER 0ROAI~E0 that the City Engineer be and he is hereby directed to mark 'Permanently Vacatede 0iscontinae~ and Closedn said street on all saps and plats on file in the Office of the City Engineer of th~ City of Roaeohe, Virginia, on which said street is shown, referring thereon to the beak and page of 0rdinauces and Resolutions of the council of the city Of R~anokeo Virginia, wherein this Ordinance shall be spread; end the City Clerk is directed to tFansmlt an attested copy ~ereof to the Clerk of the flustings CouFt of the City o~ Roanoke for Fecorda- tine in said Clerk*s Office. The motio~ was seconded by Mr. Pollard and adopted by the following vote: AYES: aessrs~ Garland. Jones, P~llard, Pond, Stoller, Rheeler and HayoF Dillard ......................... NAYS: ~one~ ................ 0. PETITIONS A~O COHHU~ICATION$: ZO~I~$: A communication from KF. ~alteF ~. ~ood, Attorney. r~present~ng Hr. E. C. Pace, Sr.. et ux** requesting that a 15.~8-acre tract of land located on the north side of Persinger Road and the east side of Bramble*on Avenue. S. designated as Official Tax ~o. 12~0214, be rezoned fFom CeneFal Residence District to Special Residence District, was before Council. In this connection. HF. Wood appeared before Council and presented a prospectus of a proposal for e Roafloke ~ettrement Communi~y, advising that the proposed cnmmunit~ consists of approximately 200 apartment units for persons 52 years of age or older, most of whom would be retired or semi-retired, and that the community will be owned by those'who live In it under a cendonimiuo form o~ owner- · 'On m~tion ~f Hr.'~heeler. seconded by Mtn Jones and unanimously adopted, the matter was FefeFred to the City Planning Commission for study, report ~nd recommendation to Council. Z0NI~G: A communicatio~ frou Hr. Charles ~. Osterhondt~ Attorney, repre- senting MessrSo Lloyd G. ~aff an~ Gable E. Naif, requesting that property located the northwest corner of Helrose Avenue and Viewmont Street, No M.o described as ~part of L~ts 25 and 2~o Viewmonto Official Tax ~o. 2~051~, be ~ezoned fram General Residence D~strio~ to Business District. was before Council. On mott~n of Mr. ~toller. seconded by Mr. Nheeler and unanimously adopted, the nat*er was referred to *be City Plnnning Commission for study. FepoFt and recommendation to Council. 191 REPORTS OF OFFICERSt BUDGET-P~Y eLAN: The City Maueger submitted e written report, recom- mending that he be authorized to fill the vacancy of ClerR-Timeheeper la the Sanitation Department since it is of os emergency nature. Mr. St*liar 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 Me. Wheeler and unanimously adopted. BUDGET-PAY ~LAN: Council having authorized the City Manager to employ ten additional members of the Police Department and tmenty-tmo additional members of the Fire Department, the City Manager submitted a written report, pointing out that approximately tmenty additional city employees were approved in the 1965 budget, and requested that Council adopt the proper measure authorizing him to employ these new employees. Mr. Wheeler moved tl~t Council conauF in the request 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. SALE OF PROPERTY-STATE HIGHWAYS: The City Manager submitted a written report, advising that the Virginia Department of Highways has offered the City of Roanoke $360 for the purchase of property lying between Kirk Avenue and Church Avenue, S. E., east of 3 1/2 Street, described as part of Lot 58, and all of Lots 59, 60 and 61, Block 1, Woodland Park, Official Tax Nos. 4011117, 4011118 and 401111ga needed as right of way for the lnterstste 5puF ~61 project, and verbally recommended that the offer be accepted, 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. Nheeler and unanimously adopted. BUOC~T-PARKS AND PLAYGROUNDS: Council having deferred action on a recommendation of the City Manager that $2,100 be appropriated to provide for the construction of a shop building Elmwood Park in which to store equipment needed and used in and around the park for further study, the City Reneger submitted a written report, advising that the constr~ction of aa equipment shed in Elmwood Park is a necessity and he has Mr. Paul L. Routt, Superintendent of Parkst present to discuss the matter with members of Council. Mr. Routt explained that when the old Library Building was razed he was forced to store equipment for Elmwood Park tn the attic of the Senior Citizens Center which is proving to be quite inconvenient, that he has no objection to the construction of a tool shed rather than a shop building, but if Council eveF dectdee to improve Elmwood Park it may not want to leave a cheap structure in the park. After a discussion of the matter,, members of Council suggesting that the City Manager investigate the construction of a less elaborate structure, Mr. Pollard moved that the recommendation of the City Manager that $2,100 be appropriate for a shop building be rejected. The motion was seconded by Mr, Stoller and unanimously adopted. 192 AUDITS-SCHOOLS: The City Auditor submitted a urltteu report on au exsmiaatfo~ of tke records of tie ~est Eld Elemeutar~ School for the school ~ear ended June 30e 1964, advising that all the records mere in order and the statements of receipts and disbursements reflect recorded transactions for the period and tke financial condition of the fund. Oa motion of Mr. Wheeler. seconded by Hr. Pollard and unanimously adopted, the report vas filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: HOHE. CONSIDERATION OF CLAIMS: HO~E. INTRODUCTION AND GONSIDERATIOH OF ORDINANCES AND RESOLUTIONS: EOHINO: Ordinance No. 16196, rezoning property located east of Ashby Street, 5. M.t between Brumbleton Avenue and Sweetbrier Avenue. described as Lot Block 4, Corblesham, Official Tax NOn 1650801. from General Residence District to Business District, having previously been before Council for its first reading, read and laid over. mas again before the body. Hr. Stoller offering the following for its second reading and final adoption: (~16196) A~ ORDINANCE to amend and reenact Title XV, Chapter 4, Section l, oS Tbs Code of the City of Roanoke, ]956, ~ relation to Zoning. (For full text of Ordinance, see Ordinance Book HO. 27, page 491.) MF. Stonier moved the adoption of ~he Ordinance. ,The motion was secoAded by Mr. Fund an~ adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard, ~ond, Stoller, Wheeler and Hayor Dillard ......................... HAYS: None .................. O. HOUSI~G-SLUH CLEARAHCE-AUOITORIUM-COLISEUM: Ordinance No. 16198, directing the acquisition of title insurance on n certain 22 1/2 acre site being. acquired by the City of Roanoke in the ~ommonwealth Redevelopment Project, having previously been before Council for its first reading, read and laid over, was again before the body. Hr. Stoller moved that the Ordinance be amended to include an emergency clause. The motio~ was seconded by Mr. Wheeler and adopted by the follouing vote: AYES: Hessrs. Garland. Jones, Pollard, Pond, Stoller, #heeler and H~yoF DillaFd ...................... ~AYS: Hone .................. O. Rt. Stolle£ then offered the following emergency Ordinance: (~16190) AN ORDINANCE directing the acquisition of title insuFnnoe on a certain 22 1/2 acre site being acquired by the City in the Commonuealth Redevelopmen Project; and providing for an emergency., (~or full text of Ordinance. see Ordinance Book ~o. 27, page 491.) Mr. Stonier moved the adoption of the Ordinance. The motion was seconded by Mtn Wheeler and adopted by the following vote: . :193 AYES: Messrs. Garlnndt Jones, Pollard, Pood, St*lief, Mheeler and Mayor Dillard ...................... NAYS: None ..................O, Mlth further reference to the matter, Mr. Stoller moved that the above action not be construed ns establishing n precedent nod that Council express its belief it is not necessary to purchase title Insurance in every instance where the city acquires property. The motion was seconded by Hr. Pond and adopted, Mr. Garland voting no on the grounds that such action is unnecessary. Mr. St*lieF then offered the following emergency Ordinance appropriating the $2,325: (n16210) AN ORDINANCE to amend and reordain Section al?O, mCapital,W of tan 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 27, page, 494.) Mr. St*liar moved the adoption of the Ordinance. The motion was sec*nde( by Mr. Nheeler and adopted by the f. Il*ming vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*liar, #heeler and Mayor Dillard .......................... 7. NAYS: None ..................O. SALE OF PMOPEMT¥-FIRE DEPARTMENT: Ordinance No. 16200. authorizing the sale of the former No, 4 Fire Station property-t, the Trustees of the Beth Israel Synagogue for the sum of $12,500, cash. havin9 previously been before Council for its first reading, read and laid over. was again before the body. Mr. Wheeler offering the f,Il*win9 for its second reading and final adoption: (z16200) AN ORDINANCE authorizin9 the sale and conveyance of the entire o~ Lot 12, Block 1, Sheet S. N. 3 of the Official Survey, formerly the No. 4 Fire Station property, to the Trustees of Beth Israel Synagogue on certain terms and conditions; and amending to the extent provided herein certain provisions of Ordinance No. 15rOI, relating to the exchange of certain real estate between the City of Roanoke and the aforesaid Trustees. {For full text of Ordinance. see Ordinance Book No. 27. page 492.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland..Jones, Pollard,.Pond, Stoller, Wheeler and Mayor Dillard ......................... NAYS: None ..................O, LICENSES: Council having directed the City Attorney to prepare the propel measure amending and reordaining Section 16, Chapter 8, Title VI. of Yhe Code of the City of Roanoke, 1956, relating to the transfer of business Iii,uses, to eliminate the twelve month requirement for transfer of a license when the business for which the license was issued changes ownership and is to be continued by the new owner, he presented same;.whereupon, Mr. Stoller offered the following emergent: Ordinance: (~16211). AN ORDINANCE amending and reorduining Se,Sion 16 or Ch.poet 8. Title VI of The Code of the City of Roonoke. 1956. relating to the transfer of business licenses; tad providing for un emergency. (For full text of Ordinance. see Ordinance O,ok No. 27. page 495.) Mr. St,lief moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the folloulng vote: · AYES: Messrs. Garland. Jones. Pollard. Pond. St,liar. Rheeler and Mayor Dillsrd ......................... 7. NAYS: Rone .................. O, BUDGET-PAY PLAN-MUNICIPAL COURT: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill a vacancy in the position of Deputy Clerk in the Municipal Court. he presented same] whereupon, Mr, Stoller offered the following Resolution: (~16212) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution. see Resolution Book No. 27. page 495.) Mr. St,lieF moved the adoption of the Resolution. The m, trna was sec,nde( by Mr, Rheeler and adopted by the following vote: AYES: Ressrs. Garland. Jones. Pollard. Pond. St,lief. Wheeler and Mayor Dillard .......................... T. NAYS: W,ne .................. MOTIONS AND MISCELLANEOUS BUSIN~b~: ELECTIONS-ANNEXATION: Mr. Rheeler pointed out that the boundary of South Roanoke Precinct No. 2 should be extended to include the ~dgehill and Peakwood Drive areas annexed to the City Of Roanoke at midnight. December 31. 1954. and offered the following emergency Ordinance: (z16213) AN ORDINANCE amending and reordaining Sec, 45, S,ntb Roanoke Precinct No. 2. of Chapter 2. Title 1¥. 'Elections'. of the Code of the City of Roanoke; and providing for un emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 495.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. St,liar and adopted by the following vote: AYES: Messrs. Garland..Jones. Pollard..Pond. St,liar. #heeler and Mayor Dillard ...................... -7. NAYS; Noue .................0,, On motion of Mr. Pollard. seconded by Mr. Wheeler and.unanimously adopted the meeting was adjourned. APPROVED ATTEST: /City Clerk Mayor 195 COUNCIL, REGBLAM MEETING, Monday, January 11, 1965, The Court&Il of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, January 11, 19~S, at 2 p,m,, the regular meeting hour, with Mayor Dillard presiding, PRESENT: Councilmen Robert A, Garland, James E, Jones, Roy B, Pollard, St** Clarence E, Fond, Murray A, Bt*lief, Vincent S, Rheeler and Mayor Benton O, Dillard ................................ ABSENT: None ................ O. OFFICERS PRESENT: Hr, Arthur S. Omens, City Manager, Mr, Janes N, Klncanon, Assistant City Attorney, and Hr, J, Robert Thomas, City Auditor, INVOCATION: The meeting was opened with a prayer by the Reverend A. J. Rosser, Pastor** Belmont Baptist Church. MINUTES: Copies of the minutes of the regular meeting held on Monday, December 21, 1964, and the regular meeting held on Monday, December 28, 1964, having been furnished each member of Council, on motion of Mr. St*liar, seconded by Hr. Rheeler and unanimously.adopted, the reading thereof was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUBLIC RATTERS: DEPARTMENT OF PUBLIC NORKS: Pursuant to notice of advertisement for bids on furnishing automobiles, station wagons and a bus for various munioipbl depart- merits,' said proposals to be received by the City Clerk until 1:30 p.m.,'Ronday, January 11, 1965, and to b~ opened at 2:00 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 foil*ming bids: Police - six automobiles An*rim Motors, Incorporated Diamond Chevrolet Corporation Fulton Motor Company, Inc6rporated ' Magic City Motor Corporation Parks and Recreation - one automobile DR Roanoke Rambler, Ltd. - Diamond Chevrolet Corporation - Fulton Motor Company, Incorporated - Magic City Motor Corporation - DM Roanoke Rambler, Ltd. - Diamond Chevrolet Corporation - Fulton Motor Company, Incorporated - Magic City Motor Corporation - Antrlm Motors, Incorporated - DM Roanoke Rambler, Ltd. - Diamond Chevrolet Corporation - Fultou Motor Company, Incorporated - Magic City Motor Corporation - $14,149.00 13,921.00 14,252.80 13,758.58 2,253.89 2.144.30 2,272.00 2.292.50 2.271.67 2,049.30 2,142.89 2,126.50 2,145.50 1,901.00 1,428.86 1,887.00 1,943.00 1,899.00 196 EaglneeTlag - ~ae ~tatlon waaoa Antrim Motors, Incorporated - $ 2,282,00 ~ Roanoke Rambler, Ltd, - 2,130,71 Dinnond Chevrolet Corporntion - 2,310.75 Fulton Motor Company, IncoFporoted 2,252.97 Maintenance of C~ty Property - one station wunon Antrim Motors, Incorporated 2,232.00 DM Roonoke Rambler, Ltd, 2,105.71 Diamond Chevrolet Corporation 2,251.00 Fulton Motor Company, ~noorporoted 2,252,97 Traffic Enqlneering .and Communications - one bus .. Antrlm Motors, Incorporated 2,566,00 Diamond Chevrolet Corporation 2,559.65 Magic City Motor Corporation 2,570.00 Mater - one automobile Antrim Motors, Incorporated - 2,251,00 DM Roanoke Rambler, Ltd. - 2,087.31 Diamond Chevrolet Corporation - 2,242,89 Fulton Motor Company, Incorporated - 2.280.00 Magic City Motor Corporation - 2,257,76 Mr, Stoller moved that the bids be referred to a committee composed of Messrs. Clarence E, Pond, Arthur S. Owens and H, Cletus Broyles for tabulation and report to Council, the City Attorney to prepare the proper measures accepting the proposals of the lowest respbnsible bidders, The motion was seconded by Mr, Pollard and unanimously adopted, DEPARTMENT OF PUBLIC ~ORKS: Pursuant to notice of advertisement for bide on furnishing a 16=cubic yard multi=purpose vacuum street cleaner with flasher attachment, complete and ~ns~alled On a truck chassis to be furnished by the City of Roanoke, said proposals to be received by the City Clerk until 1:30 p.m., Monday, January 11, 1965, and to be opened at 2:00 p.m** before Council, Mayor Dillard asked if anyone had any questions about the advertisement, and no repro= seato*iv* present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the one bid received from Cory Hall Machinery Company, Incorporated, in the amonnt of $21,979,01, Mr. Stoller moved that the bid be referred to a committee composed of Messrs. Vincent:S° Wheeler, Chairman, Arthur S. Owens and He Cletus flroyles for study, report and recommendation to Council, the City Attorney to prepare the prope measure accepting the proposal of Cory Hall Machinery Company'. Incorporated, if the committee so recommends. The motion was seconded by Mr. Garland and unanimously adopted. TRAFFIC-STATE HIGHWAYS: Council having previously set a public hearing for 2 p.m., Monday, January il, 1965, for the purpose of considering the Major Arterial Highway Plan, a portion of the ~omprehensive regional plan heretofore recommended by the Roanoke Valley Regional Planning Commission, as the said plan pertains to the City of Roanohe the matter was before the body. In this connection, Mr. Morner M. Sensbach, Director of Planning, before Council and presented the folloming communication from the City Planning Commission, rec;mmending that the plan be adopted as presented. 197 Mr, Frank R, Rogers, St,, Attorney, represe·ting Johnson-Carper Furniture Company, Incorporated, appeared before Council nnd presented · communication, advising that the proposed Tenth Street £xtension would run across the property of his client midway between its two present mnnufncturing plants which mould mot only cause serious handicaps in'the operation of the existing plants, but would prevent future expansion of them in accordance math long-range plans and for which the land was acquired, that it la the understanding 6f his client the ·proposed thoroughfare can be relocated so as to avoid interfering with the future use of its property and is requesting that this be done.' Mr, Harold P. Kyle, representing the Miller Container Corpus·ti*n, 802 Kyle Avenue, N. E** appeared before Council and presented a communication, advising that the proposed extension of Virginia Route 115 (Patrick Henry Avenne) to Hollins Road would seriously affect its property and would nullify the plans for which the property was ·cquired, Mr. James H. T·ylor, President of the Hollins Ro·d Civic League, ·ppeared before Council and suggested th·t the pr*posed'route for Tenth Street Extension be relocated northward to utilize the ·lley par·llel to Huntington Boulevard and intersect with the Old Holllns Road and that instead of building · new bridge across the Norfolk and Western Railway Company tr·cks between P~trick Henry Avenue to connect with Hollins Road that Patrick Henry Avenue be extended due south to Orange Avenue along the west side of the NorfSlk and'Western Railway Company tr·cks, thus leaving the industrial tract~ of Johnson-Carper Furniture Comp·ny, Incorporated and the Hiller Container Corporation intact and reducing the~costs of right of way and construction tremendously. A discussion followed as to the degree of flexibility of the ~lan once it is adopted, Mr. Hheeler, a member of the Roanoke Valley Regional Planning'Commissiot advising that the plan is flexible to the extent that each project mill have to before Council for final approval on its'own merits and reminding Council that the plan must be adopted by July 1, 1965, to make the city eligible for state and federal highway aid. Mr. J. D. Sink, Superintendent of Traffic Engineering and Communications, advised that there are two other proposed routes for Tenth Street Extension which are good routes that the probability of extending Tenth Street is very remote and thntif Council is strongly opposed to the extension of Tenth Street he would suggest that this project be excluded from the proposed plan. Mr. H. Cletns Broylea, Director of Public Works, stated it is his under- standing all of the governing bodies of the political subdivisions of Roanoke Valle have already approved .the plan with the exception of the Council ,of the City of Roanoke and pointed out that~ some kind of plan will have to be adopted if the city expects to get state and federal aid. The matter having been discussed at length, Mr. Stoller moved that Council adopt a Resolution approving the BaJor Arterial Highway Plan as presented, 198 with i view of adopting a subsequeot ~esolution,reqaestlng the Roanoke Volley Regional Planning Commission end the City Planning Commission to make a study of and recommend alternate routes for Tenth Street Extension end Virginia Route 115. The motion mss seconded by HF. Mheeler. After a further discussion of the matter, Mayor Dillard expressing the opinion that these exceptions should be straightened out before a Resolution approving the plan is adopted. Hr. Jones offered a substitute motion that the pebllo hearing be continued until the regular meeting of Council on January 1965. The motion was seconded by Mr. Mheeler and unanimously adopted. Me. St*lief then moved that the City Attorney be directed to prepare the proper measure notifying the Roanoke Valley Regional Planning Commission and the City Planning Commission that in the planning and construction of Tenth Street Extension and Virginia Route 115 it is the desire of Council that these two routes he studied and relocated so as not to Interfere with the future use of the proper- ties of Johnson-Carper FurnituFe Company, IncorpoFated, and the Miller Container Corporation for industrial purposes. The motion was seconded by Hr. Jones and uuanimously adopted. ZONING: Council having previously set a public hearing for 2 p.m., Monday, January 11, 1965, on the question of Fez*ming from Light Industrial Dlstric to General Residence District that portion of two tracts of land located on the east side of Colonial Avenue. S. m., in the vicinity of Clearfield Road, designated as Official Tax Nos. 1200301 and 1300201, respectively, zoned as Light Industrial District, the matter was before the body. In this connection, the foil*ming communication from the City Planning Commission. recommending that the two tracts Of land be fez*ned to General Resldenc* District. was before Council: *November 19, 1964 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: Doring its regular meeting of November 18, 1964 the City Planning Commission studied this fez*ming request in the light of the attempt to establish a commercial use on the above=mentioned lot. After thorough study of all land planning factors involved, the Planning Commission determined that the character of the area residential throughout. In addition, plans are underway to establish an educational center on City property located On both sides of Colonial Avenue. Considering the existing land use pattern and the proposed development, The Planning Commission concluded that any use other than residential mould be detri- mental to the general welfare of the community. The City Planning Commission, therefore. Fecommend~ to City Council that portions of the property identified as Official Tax No. 1200301, which is presently zoned Light Industrial, should be zoned for General Residence District. In addition, the property omned by the City of Roanoke, identified as Official Tax No. 1000201, of which a strip of land 200 feet deep extending along the tracks of the Norfolk amd Western Railway should also be fez*ned from Light Industrial to General Residence District. This proposal is con- sistent with the recommendations of the new zoning map presently in preparation. Sincerely yours, S! Merrier Sensbach/h Henry H. Hoynton Chairman' 199 Hr. lilllem L. Nartin. Attorney. representing a delegation of property owners in the affected area. appeared before Council in support of the proposed rezoelng. Hr. Rheeler pointed out that · public hearing is scheduled for February 1. 1965. on the question of rezoaing property located on the northwesterly side of Colonial Avenue. $. I.. described as parts of Lots 1-4. inclusive. Block 3. ~inoee Addition. Official Tax Nos. 1260311 end 1260312. from General Residence District to Business District. as an alternate site for a car,ice station proposed to be erected in the vicinity by the Bumble Oil and Refining Compnny. and suggested that action on the present rezoning be deferred until that time with a view o! ascertain lng whether or not the property owners will also object to that rezoning. Nfo David K. Lisk stated that the two rezonings are separate matters as far as the property owners in the vicinity of Colonial Avenue and Clearrield Road. B. W** are concerned and that. as far as he knows there mill be no opposition from these citizens to the proposed rezoning in the vicinity or Colonial Avenue and Broadway. After a further discussion of the matter. RFo Oarland voicing the opinion that the two rezonlngs should be Judged entirely separately on their own merits. Mr. Stoller moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~16214). AN OROI~A~C£ to amend and reordain Title XV. Chapter 4. Sec. 1. of The Code of the City of Roanoke. 1956. in relation to Zoning. RBEREAS. the Council of the City of Roanoke has heretofore and on its own motion, initiated proceedings pursuant to Article XI of Chapter 4, Title of The Code of the City of Roanoke, 1956. relating to Zoning, to consider and act upon a proposal to rezone from Light Industrial District to General Residence District the properties hereinafter described, located between Colonial Avenne, S. W.. and the ~orfolk and ~estern Railway Companyts Rinstou-Salem Division right of way; and WR£REAS. notice of a public hearing before the Council on the proposal to rezone said properties, required by Title X¥, Chapter 4, Sec. 43, of The Code of the City of Roanoke. 1956, relating to Zoning. has been published in 'The Roanoke ~orld-Newsw, a newspaper of general circulation published lathe City of Roanoke. for the time required by said section; and RBEREAS. the public hearing as provided for in said notice published in said newspaper was held on the llth day of January. 1965. at 2:00 p.m.. in the Council Chamber in the Bunicipal Building la the City. at which hearing all parties in interest and citizens were given aa opportunity to be heard both for and against the proposed rezoning; and #BER£AS, the City Planning Commission has recommended to the Council, in writing, that the properties hereinafter described be rezoned from Light Industrial Districts to General Residence Districts; and 200 RH~REAS, this Council, ur,er c~nslderingthe question and the evidence presented, is of opinion that the properties hereinafter described should be rezoned to General Residence Districts. Tfl£REFOR~, BE IT ORDAINED by the Council o! the City of Roanohe that Title XY, Chapter 4, Sec. 1, of The Code of the City of Boanohe, 1956, relating ~o Zoning ~nd the C~assificntion and Boundaries of Districts, be, and, it is hereby amended end reordsined in the following particulars and.aD othero via.~ (a) That strip of land, 200 feet wide, extending along the northwesterly side of the Norfolk and ~estern Railway Conpnnyts Naris,on-Salem Division right of way from the City's 1943 corporate line northeasterly through Lot 1380201, as shown on Sheet 138 of the City's Zone Plan; and (b) All that certain lot or parcel of land, containing 1.65 acres, sore or less, abutting the south side of Colonial Avenue, S. ~., and shown as Lot 1280301 on Sheet 128 of the City*s Zone Plan, be, and are hereby changed from Light Iodostrhl Districts to General Residence Districts, 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. Garland, Jones, Pollardt Pond, 5toliert ~heeler and Mayor Dillard ......................... NAYS: None ..................O. SCHOOLS: Council having referred to the Roanoke City School Board the request of citizens of the northwest section that the present Fairview School be enlarged at once with the request that the matter be given orgent study and consideration, Mr~ J. M. Black, President of the Fairview Parent-Teacher Associa- tion, appeared before the body, advising that the citizens learned through the news media that Dr. E.N. Rush,on, Superintendent of Schools,should recommend to the School Board that four classrooms be added to the Fairview Elementary School, that the citizens attended a,meetlng of the School Board with a copy of the results of a house-to-house survey they bad jusl completed showing clearly that four rooms would not be adequate, however, the School 8nard ignored the survey completely and approved the four additional classrooms recommended by Dr, I~ton, that the citizen: feel if the School Board does not wish to accept their survey it should make one of its own befqre proceeding,to spend $90,000 of the citizens money on an edocated guess. Mr. M. B. Grant, President of the [estwood-Wilmont Civic Leagoe, stated that there has been some talk of redistricting the school district in this area and also transporting pupils at Fuirview Elementary School to another school by bus and the citizens feel if the school administration has any plans for redistricting this area or transporting pupils from this area to other schools they are entitled tn know what these plans are and Jost how they will affect them. 201 After · discussion of the question. Mr.'Mheeler moved that the mutter of cons,rug,icg sddikional rooms for the Fairview Elementary School. redistricting the school district in this ·re· and transporting pupils In the urea to other schools by bus be referred to the Roanoke City School Board for study, report and recommendation to Council. with the request that If the School Roard feels · survey is needed it proceed mlth one. The motion was seconded by Rr. Fond and unanimously adopted. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. John D. Copenhover. Attorney. repre- 'seating Mr. Charles Do Helms. Jr.. et el.. requesting that property located on the northeast corner of Melrose Avenue end Eighteenth Street. N. W.. described os Lot 9. Block 570 Melrose Land Company. Official Tax No. 2221509. be retched from Special Residence District to Business District. mas before Council. On motion of Mr. Jones.'seconded'by Rr..Garland and unanimously adopted. the request nas referred to the City Planning Commission for study, report and recommendation to Council. STATE CORPORATION COMRISSION: Co~y of a notice that the Overnite Trans- portation Company has made application to the State Corporation Commission for a Certificate of Public Convenience and Necessity os a common carrier by motor vehicle for the handling of property between Richmond and Salem and that the Commission will hold n hearing on theapplicationat 10 a.m.. February 17. 1965. before Council. Mr. Wheeler moved that the notice be received and filed. ~The motion was seconded by Hr. Jones and unanimously adopted. POLICE DEPARTMENT: A communication from District X of the V~irginia Council on Social Welfare, transmitting a Resolution passed by its Board of Directors on January T, 1965. favoring the establishment of a Youth Bureau in the Police Department, mas before Council. On motion of Mr. Stoller, seconded by Mr. Pollard and unanimously'adopted the communication and Resolution were filed. REPORTS OF OFFICERS: STREET LIGHTS: The City Ranager submitted a written report, recommending that a street light be installed at £ermit Avenue and Clyde Street, N. E. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (z16215) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street lightat the corner of Kermit Avenue and Clyde Street, (For fulltext of Resolution, see Resolution Book Ho. 27, page 498.) Mr. Stoller moved the adoption of the Resolution. The motion was second*( by Mr. Pond and adopted,by the following vote: 202 AYRS: Messrs. Garland.~Jones. Follard0 ronda Sa,lief. ~heeler and Mayor Dillard .... y .................... ?. ~AYS: None ................. O. BD~GET-SEMERS AND STORM DRAINS: The City Manager submitted n written report, recommending that he be authorized to purchase n floor machine from available funds in t~e Sewage Treatment budget at a ~ost of $216. Mr. Sa,lief moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: ~(c16216) AN ORDINANCB to amend and reordnin ~aeplacement Reserve' of lgBs Sewage Treatment Fund Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 27. page 499.) Rt. Sa,lief moved the.adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Ressrs. Garland. Jones. Follard. Pond. sa,lief, hheeler and Mayor Dillard .........................7. NAYS: Bone ..................O. BUDGET-STATE BIGHMAYS: The City Manager submitted a written report, advising that it is necessary that 20 of the Tax Appraisal Raps be redrawn and brought up to date in connection with Interstate Spur 581, that in view of the heavy work load in the Department of Public Norks the work cannot be done before April or ~ay during regular honrs,.that some of the draftsmen are willing to work extra at night, on Saturdays and holidays to accomplish this project at a rate of $2.50 per hour. and recommended that $800 be used for this purpose from available funds for extra help. Mr, Pollard moved that Conncil 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 Rr, Stoller and unanimously adopted BUDGET-RECREATION DEPARTMENT: The City Manager submitted a written report, recommending that he be authorized to emPlOy Messrs, David Dick and Barry i. Rall, Civil Engineers and Land Surveyors, to make a topographic survey of the site Of the proposed Recreation Center in Eureka Park at a cost of $350 from available funds. Mr. Stoiler 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 sqconded by Mr, Jones and unanimously adopted, BUDGET-LIBRARIES: Council having 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, upon certain terms and provisions, at a total cost of $3~8.15 monthly rental, effective January 1, 1964, the City Ranag!r submitted a written report, recommending that the monthly rental be increased to $488,15, effective February 1, 19~5, out of available fnnds, 203 Mr. 5toiler moved that Council concur in the recommendation of the City Honnger and that the matter be referred to the City Attorney for preparation of .the proper measure, The motion mas seconded by Mr. Fond nnd uncnimously adopted. BUDGET-SEWERS AND STORM DRAINS~ The City Manurer submitted n written poFt**advising that the city mst ~cure Mcessary lomb from the Mells Furniture Compnn~ and easement rights from the Norfolk and Mestern Railmuy Company in order to locate its*tracks for the delivery of tnnh curs of chlorine to treat the sewage effluent et the Sewage Disposal Flautb therefore, it Mill be necessary to prepare plats"and surveys to describe what is needed, cud suggested that Council authorize the expenditure of n maximum of $500 for this purpose out of available funds. 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 mas seconded by Mr. Stoller and unanimously . - adopted. BUDGET-PAY PLAN: The City Manager Submitted a written report, advising that Council created the positions of Signalman Helper and Municipal Traffic Technician under Section mol. 'Traffic'Engineering and Communications,' in its adoption of the lg65 budget, but that the new job titles and Job descriptions are not included in the Pay Plan. In a disccsslon of the matter, Mr. Jones pointed out that the job descrip- tion for the Signalmen Helper requires an education level comparable to grammar · school and voiced the opinion that the requirement for the education level should be comparable to high school, or its eqaivalent. 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. Pollard and unanimously adopted BUDGET-PAY PLAN-DEPARZMENT OF PUBLIC WELFARE: The Gity Manager submitted a written report, advising that a Social Morher in the Department of Public Welfare has resigned, effective January 22, 1965, and that the Director of Welfare can replace the Social Morker with an employee who has social work experience, provided there is un delay in granting approval to fill the vacancy, the City Manager ,recommending that the vacancy be filled. 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 mensure~ The motion was seconded by Mr. Mheeler and unanimously adopted. BUDGET-PAY PLAN-MATER DEPARTMENT: The City 'Manager submitted a written report, recommending that he be authorized to fill a vacancy in the position of ,Shift Standby Man in the Mater Department since it is Of an emergency nature. 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. Zhe motion was seconded by Mr. Pollard and nnanimously adopted. 204 SEMERS AND STORM DRAINS: Council having authorized the City lancger to reddvertlse for bids on the construction of nn O-Inch sanitary semer main tc serve R~byn Road. Mright Road cad · POrtion o! Colonial Avenue and Cr~ston Avenue, on the basis o! constructing the semer main clung the rear of properties frontier on the east side of Mrlght Road, the City Manurer submitted n uti*ten report,,, affected property omners, that he has advertised rot bids on the sewer project, and, in order that the contractor alii not be held up, it Is his recommendation that Council authorize him to make appropriate offers to the four property owners in the total amount or $69S. d6 with instructions to condemn if settlement cannot be made. Mr. Mheeler moved that Council concur in the recommendation of the City Manager end that the matter be ~eferred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Stoller and unanimously adopted. WATER DEPARTMENT: Council having referred to the City Manager for study and report, the request Of Mr. B. B. Harden that the road to the Bennett Springs toilet facility at Carvlns Cove be improved, the City Manager submitted a written report, advising that the road normally is closed at the beginning of the autumn fire season and remains closed until the fire hazard is abated in springtime, that the road is passable, but very muddy, and he plans to use a motor 9radar to shape up the road and place rock thereon in the spring. . On notion Of Mr. Stoller. seconded by Mr. Rheeler and unanimously adopted, POLICE DEPARTMENT: Council having referred to the City Manager for study and report the request of Mrs. Dawn B. Stanley that the policy of not hiring former policemen be amended to provide for certain exceptions, the City Ranager submitted a written report, advising that the policy itself is flexible and althou9h the city does have a policy of not hiring former policemen, nevertheless, it is always willing to accept for consideration applicants who may apply for rebating end should they have proper records and are able to maintain the high standards of the Police Department Council nay rest assured that they will be considered. On motion of Mr. Pollard, seconded by Mr. Stoller and unanimously adopted, the report was filed. FIRE DEPARTMENT-POLICE DEPARTMENT: The City Manager submitted a written report, advising that the only change in the personnel of the Fire D~pnrtment and the Police Department during the month of December* 19640 was the retirement of Lieutenant Alexander Anderson on December 15, 1964. On motion of Mr. Mheeler, seconded by Mr. Pollard and unanimously adopted, the report was filed. REPORTS: The City Manager submitted a written report, transmitting a report of the Department of Public Welfare for the month of November, 1964. and listing other monthly departmental reports on file in his office. 205 On mot'Ion of Mr. Wheeler, seconded by Mr. Stoller and unnnlmously adopted, the report mas filed. ZONING-ANNEXATION: The City Planning Commission submitted the folloming report with reference to zoning of the Edgehill-Penkwood Drive areas recently annexed to the City of Roanoke: 'January T. 1965 The Honorable Benton O. Dillard, Mayor and Members or city Council Rocnoke, Virginia Gentlemen: At its regular meeting on January 6, 1965 the City Planning 'Commission considered the application of zone districts to the territory embraced within the recent enlargement of the limits of the City of Roanoke end generally known ns the Edgehill area. After careful study of all factors involved and application of Title 15, Chapter 4, Article VIII, Section 35 of the City Code, the City Planning Commission concluded that General Residence District ~hould be 'applied to all of the territory recently annexed, excepting all lots with frontage on Franklin Road ( U. 220), mhich lots should be zoned for Business District. The application Of zone districts is sore clearly defined on Plan 46T3, prepared by Niley and Wilson, Consulting Engineers, Lynchburg, Virginia, under date of August 21, 1964, a copy of which is transmitted mith this communication. Sincerely yours, S/ Warner Ko Sensbach for Henry B. Boynton Chairman* Mr. Rheeler moved that n public hearing on the matter be held at 7:30 p.m** March 1, 1965. The motion was seconded by Mr. Stoller and unanimously adopted. REPORTS OF COMMITTEES: WATER DEPARTMENT-SEWERS AND STORM DRAINS: The committee appointed to study the water and sewer rates presently imposed by the City of Roanoke on non- resident users submitted the following report: "January 7, 1965o Honorable Mayor and Council of the City of Roanoke. Report of Water and Sewer Rates Committee Gentlemen: The undersigned committee mas appointed by Resolution No. 16123 adopted November 16, 1964, to study the mater and sewer rates presently imposed by the City of Roanoke on non-resident users, and to report to the Council what, if any, changes we conclude should be made in rates, procedure, etc. The committee bad the benefit of the studies made by a prior committee which submitted its findings by letter report dated August 8. 1963, which contained the operating results of revenues and costs Of water and sewage customers outside the Cttyts corporate limits for the year 1962. A similar analysis was prepared for 1963 and distributed to Council. Figures for 1964 have been requested, and reasonably can be expected to show an even greater loss than 1963, just as 1963's loss exceeded 1962'S by a substantial margin. The contracts with the Town of Salem (October 16, 1953) nad County of Roanoke (September 28, 1954) and the various amend- ments were furnished by the City Cl~rk. 206 The committee considered the industrial development aspects of this situntioo where the City la furnishing services below cost, nnd eolcluded that firmness at this time la obtaining for the City at least the cost of its services would not prevent Council later, if it deemed it ia the best Interest o! the City, from knowingly making concessions for the purpose of industrial development. Recommendations l. The committee recommends to the Council that Council establish n rate to large non-resident mater consumers or $350 per million gallons, which represents the approximate cost of producing nnd delivering the water. 2. The committee recommends to the Council that the Cltf Attorney prepare a hem sewage treatment contract mkioh shall take into consideration the actual cost of treating the semage. Actual cost shall include non-operating as well as operating costs. #hen approved by the Council, this contract shall be offered to the County of Rnenoke and the Tomn of Salem in the place of the present contracts. Respectfully submitted, S/ Robert At Garland Robert A. Garland, S/ James E, Jones James E. Jones, S/ Murray A, St*lieF Marray A. Stoller~ Chairman. Mr. Jones stated that he was under the impression after the meeting of the committee that the Manager of the Nater Department would be asked to recommend the rate to be charged large non-resident water consumers, but he has been informed by the other members of the committee that although this question was discussed at the committee meeting was not acted upon, After a discussion of the terms and conditions under which water is'sold to the four large non-resident water consumers, Mr. St*lief moved that the com- mittee be continued and that it be directed to negotiate with representatives of Hollins College, the Town of Vlnton, the General Electric Company and the Roanoke Electric Steel corporation as to a minimum mutually satisfactory water rate and to report back to Council. ~he motion was seconded by Mr. Garland and unanimously adopted. ' Hr. St*lief then moved that Council concur in the recommendation of the committee with regard to sewer rntes and that the City Att.mai be directed to prepare a new basic sewage treatment contract which shall take into consideration the actual cost of treating the sewage, including non-operating as well as operatin~ costs, for presentation to Council for approval, afte~ which the contract shall be offered to the County of Roanoke and the Town of Salem in the place of the present contracts. ~he motion was seconded by Mr. Garland and unanimously adopted. ~URCHASE OF ;RQPERTY-GARBACE REMOVAL: Council having referred to a committee for study, report and recommendation the request of the Southeast Civic League that the City of Roanoke purchase a right of way across Lot 14, Block 15, Maverly Place, OffieiaI Tax No. 4320214, or Noell, for the sum of $S00, in order that an alley might be extended from Kenwood Boulevard to Greenbrier Avenue, S. E., in'the lB00 block, the committee submitted the'following report: '207 "Roanoke, Virginia January 11, 1965 To the City Council Roanoke, Virginia Gentlemen: You referred to the real.estate committee a letter from the Southeast Civic League requesting that Kept*yam*uts be made to an alley near Greenbrier Avenue and Renwood Oouleeord, $. R. Me have visited the property with the Superintendent of Refuse Collection and members or tbe engineering staff in an attempt to resolve the problem. Mr. Lawrence R. Noell has agreed to sell to the City a strip of land 10 feet wide and 50 feet in length along the rear of Lot 4320214 which will provide sufficient turning movement for our trncks. The committee recommends that you accept this offer and authorize the legal and engineering departments to take appro- priate steps. Respectfully submitted, S/ Arthur S. Owens Arthur S. Owens Randolph Go Mhittle S/ J. Robert Thomas S/ Roy R. Pollard, Sr. Roy a. Pollard, Nv. Stoller 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. Yhe nation Mas seconded by Rt. Pond and unanimously adopted. UNFINISRED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 16209, vacating, discontinuing and closing a portion of Madison Avenue, N. E., extending easterly from its intersectio with the former easterly side of Fifth Street, N. E. (mom closed), for a distance of 75 feet, having p~evlonsly 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: (=1~209) AN ORDINANCB vacating, discontinuing and closing that certain portion of Madison Avenue, N. E., from its intersection with the former easterly side of 5th Streett N. E. (now closed), easterlyfor a distance cf 75 feet. (For full text of Ordinance, see Ordinance Rook No. 2T, page 497) Mr. 5toller moved the adoption of the Ordinance. The notion was seconded by Mr. Rheeler and adopted by the foliomlng'vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ........................ 7. NAYS: None ................ O. '-208 LICENSES~ Council having directed the City Attorney to prepare the proper measure ~equiring purchasers of city ant.nubile license tags lo produce evidence o! poyment of personal property taxes for the preceding.year in order to purchase said tugs, he presented sene. lo a discussion of the Ordinance, Mr. Ha.lief stated that he has snggestec the measure because he feels it would bring in additional revenue for the city, pointing out that the system Is already working successfully in other communities. Mr. Pollard questioned the couf~sion which would result if the system is put into effect thin year, but stated that he would support the measure if the effective date thereof is January 1, 1966, Mr. Pond~volced the opinion that the Ordinance looks like a highly objectionable one. Other mewbeFs of Council voiced the opinion that the proposed measure has merit, but would be very unpopular with taxpayers and probably produce less additional revenue than Mr. at.lief anticipates. After a further dlscuaaien ef the matter. Mr. Stolier moved that the following Ordinance be placed upon its first reading: 'AN ORDINANCE amending Sec. 29 of Chapter 1, Title XVIII, of The Code of the City of Roanoke, 1956, relating to the issuance of license plates or tags for motor vehicles, eta.; and providing for the production of satisfactory evidence of the payment of certain tangible personal property taxes assessed or assessable on the owner of such motor vehicles. BE 1T' OR~AINED by the Council of the City of Roanoke that Sec. 29 of Chapter l, Title XVIII, of The Code of the City of Roanoke. 1956, relating to the issuance of license plates or tags for motor vehicles, trailers, semitrailers or sidecars, be, and said section is hereby amended and reordained to provide as follows: Sec, 29. Issuance of plate or tag; prereouisites therefor. Upon application therefor by the ~wner, upon .payment of the required license tax provided by this Article and upon production of evidence satisfactory to the commissioner, of the revenue of the. payment of any tangible personal property tax of the city attrib- utable to the omnership of such motor vehicle, trailer, semitrailer or sidecar to be licensed nhich may have been properly assessed or was properly assessable against said applicant for the preceding tax year, a license number plate or tag for each such motor vehicle, trailer, semitrailer or sidecar shall be furnished by the commissioner.of the revenue as evi- dence of the payment of the license tax imposed on said vehicle by this Article, which license plate or tag shall be used and displayed as provided in the following section. DE IT FURTHER ORDAINED that this ordinance shall be effective on and after the lat day of January, lC65.# The motion was seconded by Mr. Pollard and lost by the'following vote: AYES: M~ssrs. Pollard and St*lief .................................... NAYS: Messrs. Garland, Jones. Pond, Mheeler and Mayor Dillard ......... BUDGET-PAY pLAN-GARBAGE REMOVAL: Council haviog directed the City Attorn* to prepare the proper measur~ auth~rizing tie City*Manager to fill the vacancy In the position of Clerk-Timekeeper in the Sanitation Department since it Is of au emergency nature, he presented same; whereupon, Mr. at.lieF offered ~he following Resolution: 209 (s16217) A RESOLUTION authorizing the CltI Manager to employ certain personnel, (For full text,or Resolution, see Resolution Rook No, 2?, page 499,) Mr, St,lief moved the adoption of the Resolution. The motion mas seconde~ by Hr, Fond aid adopted by the r,il,wing vote: ~ AYES: Messrs. Garland, Jones, Pollard, Pond, St,lief* Rheeler and · Ha/or Dillard .......................... NAYS: None ................. O. BUDGET-FAY FLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Ranager to employ approximately 20 addition~ employees approved in the 1965 budget, he presented sane; nh,r,upon, Hr. St,lief offered the f,Il,ming Resolution: (m16216) A RESOLDTIDN authorizing the employment of certain new employees. (For full text of Resolution. seeResolution Book No. 2?. page SOO.} Mr. St,lieF moved the adoption of the Resolution. The motion was sec,nde( by Rr. Pond and adopted by the f,Il,ming vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St,liar, Wheeler and Mayor Dillard ........................ 7. NAYS: None ..................O. SALE OF FROPERTY-STATE HIGHWAYS: Council having directed the City Attorney to prepare the proper measure authorizing the sale of property located on the north side of Church Avenue, S. E., east of 3 1/2 Street, described as part of Lot 58, and all of Lots 59, 60 and 61. Block 1, Noodland Park, Official Tax Hon. 4011117, 4011118 and 4011119, required as right of way for Interstate Spur 581, to the Commonwealth of Virginia for the sum of $360, he presented same; whereupon, Mr. St. Ilar moved that the following Ordinance be placed upon its first reading: (m16219) AN ORDINANCE aathorizing mud directing the sale and conveyance of certain land to the Commonwealth of Virginia upon certain terms and conditions, needed for the construction of Route 581. · BEREAS. the property hereinafter described is owned by the City but is not used or needed for any municipal prupose but is needed by the C.mm.nm.nlrb of Virginia for construction of Route 581, in the City; and NHEREAS, the Commonwealth has offered and agreed to pay to the City the purchase price hereinafter mentioned in return for the Cityts conveyance of said land and the City Homager has recommended acceptance of said offer. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of the Commonwealth of Virginia to parchase and acquire from the City for the mom of $360,.cash. oil Of Lots 5g. 60 and 61 and the major, westerly portion of Lot S8, Block 1, Noodland Park Subdivision, Official Nos. 4011117 through 4011119, inclusive, and as said property is shown within the right of way for Route 581 on Sheet No. 6 of the plans for State Highway Project No. 0581-128-070-R~202 on file 210 in the office of the Clly Eogioeer, be,' and said offer Is hereby accepted;, and the Huyor and the City Clerh are hereby authorized and directed, for eld On behalf of the City, to ex, cute and to seal and attest, respectively, suchdeed Of conveycace us is drawn upon form approved by the City Attorney conveying'to the Connonuealth of Virginia, with general warranty, the fee simple 1il1, to the above-described lend, said deed to.contale**farth~r, and If requested by the Commonwealth, t great of an easemenl acer the residue of Lot 5O~lncident to access, light and air require by the Connonuealth for limited access highuays. The motion was seconded by NC, Pollard and adopted by the follouiag vote: AYES: Yessrs. garland, Jones, Pollard, Pond, St,lieF, Nheeler and Hayor Dillard ......................... ?, NAYS: None .................. O. bUDgET: Council having referred to 1965 budget study the question of adopting the proper measure amending and reordainin9 Section 1o Chapter 2, Title II, of The Code,of the City of Roanoke, 1956, to provide that the fiscal year of the City of Roanohe shall begin on the first day of July end end on the 30th day of June, in conformity math legislation enacted by the 1964 General Assembly, Mayor Dillard voiced th*opinion that if the City of Roanoke is going to change its fiscal year it should be done now so that he can proceed mith appointment of the Budget Commission in order that the budget can be submitted to Council by May 1, 19650 for its consideration. Mr. Stollev stated that the change should be opposed on accounting grounds rather than political grounds, that it is poor practice considering the fact that license, real estate and personal property taxes are collected in the City of boa~oke on a calendar year basist that the 1966 general Assembly may resciqd the legislation before the deadline for changing the fiscal year of cities to conform to the state and federal governments and he is of the opinion the City of Roanoke should go slow in making the change. After u further discussion of the matter, the City Auditor and the City Manager indicating that they are opposed to changing the fiscal year of the City of Roanohe, but apparently, there is nothing the city can do about it, Mr. Mheeler moved.that the following Ordinance be placed upon its first reading: (~16220) AN ORDINANCE amending and reordaioing Sec, 1o *Same as calendar* of Chapter 2, *The Fiscal Year' of Title II. *Administration* Of Yhe Code of the City of Roanoke, 1956, and providing for the effective date of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that, pursuant to Section 35 of the Roanohe Charter of 1952. as amended, and §15.1-15.2 of the Code Of Virginia, 1950, as amended, Sec. 1. *Same as calendar' of Chapter 2. 'The Fiscal Year* of Title II. 'Administration* of The Code of the City of Roanoke, 1956, be, and said section is hereby, amended and ~eordained, effective as of. the first moment of the first day of July. 1965, so as to read and provide as follows: Sec, 10 The fiscal year. The fiscal year of the city shall begin on the first day of July and end on the thirtieth day of June. .211 The motion mas seconded by Mr. Pollard and adopted by the follomlng rote: , AYES: Messrs. Jones, Pollard. Pond, Mheeler and Mayor Dillard .........5, NAYS: Messrs. Garland and St*liar ................................... MOTIONS AND MISCELLANEOUS BUSINESS: CITY EMPLOYEES: Mayor Dillard brought to the attention of Council the qaestlon of requiring promotional positions in municipal deportments ,to be made within thirty days or the position automatically vacated. Mr. Mheeler moved that the matter be referred to a committee composed of Mayor Denton O. Dillard, Chairman, Mr. James E. Jones and Mr. Murray A. St*lief for study, report and recommendation to Council+ The motion was seconded by Mr. Garland and unanimously adopted. TAXES-ANNEXATION: Mr. Mheeler pointed out that the Edgehlll - Peakwood Drive areas mere annexed to the City of Roanoke as of midnight. December 31, 1964, voicing the opinion that the utility tax of the city should not be applied to these new citizens prior to that date, and offered the foil*ming emergency Ordi- nance: (~16221) AN ORDINANCE amending and reordaining Section Title VI of The Code of the City of Roanoke, 19$6. relating to the Cltyes Utility Service Tax; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 27, page 500.} Mr+ Mheeler moved the adoption Of the Ordinance. The motion wasseconded by Mr. ~ond and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, Pond, St*lieF, Wheeler and Mayor Dillard ....................... r--?. NAYS: None ................. O. On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the meeting was adjourned+ APPROVED ATYEST: ~212 COUNCIL, REDULAR MEETING, Monday, January lO, 1965. The Council of the City of Roanoke met Jn regular meeting In the Council Chamber in the Municipal Building. Monday. January 18, 1965. at 2 p.m.. the regular meeting hour, with Mcyor Dillard presiding. PRESENT: Councilmen Robert A, Garland, Junes E, Jones. Roy R. Pollard, Sr.. Clarence E. Pond, Murray A. Stoller. Vincent S. Nbeeler and Mayor Denton O. Dillard ................................7. ABSENT: None .................O. OFFICERS PRESENT: Mr. Arthur $. Omens. City Munager~ Mr. James N. Elncanon, Assistant City Attorney, and Mr. William F. Griggs, Assistant City Auditor. IN¥OCATION: The meeting mas opened with a prayer by the Reverend D. L, Rogers. Pastor, Central Church of the Brethren. MINUTES: Copies of the minutes of the special meeting held on Thursday, December 31. 1964, and the regular meeting held aa Monday, January 4, 1965, Raring been furnished each member of Council, on motion of Mr. Stoller. seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed with and the minute approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY GOVERNMENT= Pursuant to notice of advertisement for bids on micro- filming certain records in the office of the ClerR of the Courts, said proposals to he received by the City Clerk until 1:30 p.m., Monday, January 18, 1965, and to be opened at 2:00 pom., 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: Mann Film Laboratory - $ 4,140.04 · Remington Rand Office Systems - 5,485.00 Technical Reproduction and Supply Corporation - 6,975,00 Security Mircrofilm Service - 12,355,75 Hall ~ NcChesney, Incorporated - 12,660.00 Logan Gray. Incorporated - 14,T76.00 In a discussion of the bids, Mr, Jones pointed out that the above figures represent the cost of microfilming existing records in the office of the Clerk of the Courts and do not cover the cost of installing equipment in the office of the Clerk of the Courts for microfilming current records, therefore, he feels it would be better to receive bids on the equipment in order to ascertain the cost thereof before deciding whether or not to award the contract for the microfilming. Mr. Stoller moved that the bids on microfilming be referred to a committ~ Owens, J. Robert Thomas and Rurray A. Foster for study, report and recommendation to Co;ncil, said study also to include the question of the future purchase of microfilming equipment for installation in the office of the Clerk of the Courts, The motion was seconded by Mr, Pollard and unanimously adopted. ,2~3 HOUSING-SLUH CLEARANCE: Council mt its meeting~oe August 24, 1964. hurls9 adopted Resolution Ho. 15984. approving the filing or a survey nnd plnnnJng appli- cation by the City of Roanoke Redevelopment nnd Housing Authority with the Federal Government to defray the cost of surveys nad planning for the proposed Uowntoun East Rederelopwent Project, Hr. Nillinw S. Hubnrd, Chairman of the Redevelopment and Housing Authority, appeared before the body nnd presented n communication, advising that the spplicntion is being reviewed nnd processed by the Urbsn Renewal Adminis- tration Regional Office, that since the proposed redevelopment project is located in the Immediate vicinity of the Community Hospital of aonnohe Valley, Incorporated, developwent of any adjacent lands would affect the hospital and the general area, that sp~ial provisions of the federal law for urban renewal projects which are related hospital development give n priority to such undertakings and additional financial benefits to the municipality, and requesting that Council adopt a Resolution determining that the Downtown East Redevelopment Project mill-promote the public uelfare and proper development of the community and insure the proper development of the area in the immediate vicinity of the Community Hospital which will expedite the review of the application and substantially improve chances of having said application approved. After a discussion as to the effect of the proposed redevelopment project on the Community Hospital, Hr. Garland offered the following Resolution: (m16222) A RESOLUTION determining that the Downtown East Redevelopment Project will promote the public welfare and proper development of the Community and insure the proper development of the area In the immediate vicinity of the Communit Hospital of Roanoke Valley, 4nc. · (For fall text of Resolution, see Resolution Book No. Rt. Garland moved the adoption of the Resolution. The motion was seconde by Mr. Jones and adopted by the following vote: AYES: Nessrs. Garland. Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .................................. 'NAYS: None ......................... O. PETITIONS AND COMMUNICATIONS: STREET. LIGHTS: A communication from the Appalachian Power Company, transmitting a list of street lights which were installed and/or removed during the month of December, 1964, was before Council. On motion of Mr, Wheeler, seconded by Mr, 5toller add unanimously adopted. the communication was filed, POLXCE DEPARTMENT: A communication from the Roanoke City Youth Commission recommending the establishment of a Youth Hureau in the Police Deaprtment, was before Council, Mr, Jones pointed out that this is the second communication Council has received in two weeks encouraging the creation of a Youth bureau, that the State Department of Welfare and Institutions has also recommended the establishing of the Bureau, as has Captain M. O. Cochron of the Police Department, and he feels a study shoald be made of the matter, :2r14 T~e ievere·d D. Clifton Meardom st·ted that he is heartily in favor of the entublinhwent o! a Youth Dureeu in the Folfce Bep~viweat.·n u preventive i· Juvenile crimes. Mr. Jones the* moved ,hut the Citf #un·gev be requested to explore the possibilities of establishing · ~outh Bureau in the City of Mounoke, working with the v·vlgus organizations who are encour·ging the creutlo· of thc Bureau, and to report back to Council as to the proper procedure to be followed l· establishing' same. The motion mas seconded by Mr. Garland and unanimously adopted. REPORTS OF OFFICERS: BUDGET-SE·ERS AND STORM DRAINS: The City Manager submitted · written report, recommending that $25.000 be appropriated to Capital Outlay from Revenue under "Non-Operating Expense" of the 1965 Sewage Treatment budget to cover necessar] prelimlnnry work, purchase of land, development of roadways, etc., in connection with the installation of chlorination equipment to treat effluent at the Sewage Treatment Plant. Mr. Wheeler moved that Council concur tn the recommendation of the City Manager and offered the following emergency Ordinance: (=16223) AN ORDINANCE to ·mend and reordain 'Non-Operating Expense" of the 1965 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book ~o. 27, page 3.) Mr, Wheeler moved the adoption of the Ordinance, The motion was seconded by Mr, St*lieF and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard. Pond,,Stoller, Wheeler and Moyor Dillard--~ ...................... -7. NAYS: None .................O. STATE BIGHMAYS: The City Manager submitted a written report, advising that Nv. Walter J. Murden has agreed to sell to the City of Roanoke the eastern portion of Lot 8, Block 6, Official Survey S. E. 3, Official Tax No. 4020808, loc·ted on the south side of Mountain Avenue, S. E., west of the Norfolk and Nas,era ··il.ay Comp·ny tracks, for the sum of $32,738, required for right of way purposes In connection with the Route 24 project, and that Mr. Murden has offered to sell the residue of Lot 8 for the sum of $1,000, the City Manager recommending that the city purchase all of Lot 8 for the total sum of $33,739o 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. St*Ilar and un·nimously ·dopted. I~STER pLAN: Council having requested the Director of City Planning to be present for a discussion of a Master Capital Improvement Program for the City of Roan*he, the City Manager submitted · written report, advising that there seems to be some misunderstanding as to whether OF not the program itself is to be presentec at this time. 215 Mr. Jones pointed out that I committee composed of Heists. Jomes E. Jo*es, Ckcirmnn, Robert A. Gurlosd aid Vincent S. Iheeler submitted i long-range eopital improvement pr*gruB rot the City of Ruin*kc to Council ct its meeting on April 1, 1963, mbich report mos referred to the City Planning Commission for preparation of a five-year capital improvement program for consideration by Council but os yet au report has be~n received from the City Planning Commission. Mr. Werner K. Sensbuch, Director of City Planning, who was present, explained that the city is now in I position to undertake the tusk of · capitol Improvement program uith reasonable assurance for success since · maJovlty of the community facilities plans have been completed, but that such a project will require at least six months for completion, that the pr*graB constitutes u major tool designed to assist Council and municipal deportments in their elf*vis to satisfy the capital needs of the community and to make decisions as to the priority of these needs on a sound business-like basin, Mr. Sensbach requesting a mandate to proceed with the preparation of the Rastev Capital Improvement Program and asking that an Advisory Committee composed of the City ManageF, the Director of Public Murks, the City Engineer, the City Auditor, the Chairman of the Rudget Commission and a member of Council be appointed to work with the City Planning Commission in the prepavatlon of the pFogFam with a view of meeting once a month for the next eight months so that every other meeting of the City Planning CoB- mission can be concerned ulth capital improvement pFoJecLs. After a discussion of the Batter, Mr. Jones voicing the opinion that the desires of the citizens of Roanoke should also be consideved in the preparation of the Master Capital Improvement Program, Rgo Wheeler moved that,Council concuF in the request of the Director of City Planning, that Rro Jones be appointed as the representative of Council on the Advisory Committee and that the matter be referred to the City Attorney fo~ preparation of the proper measure. The motion was sec*nde( by Hr. Pollard and unanimously adopted. S£WERS AND S~0R# DRAINS: Council having previously received a report from the City Manager, recommending that the drainage situation on Thurston Avenue. N. R** between Williamson Road and Courtland Rood, be left in the status quo, and action on the matter having been deferred indefinitely, the City Manager submitted a mritten report, advising,that because of recent development the Director of Pnbli* Works has recommended to,hie that Thurston Avenue and Msddock Avenue be filled in and sloped toward Wllliasson Road so as to let the.storm water meander south on Wllliamson Road toward Pocahontas Avenue, that he has recommended against this previously, but is bringing it to the attention of Council,for disposition, the City Manager concluding that the best he can offer in his judgment is that it is u calculated risk. In this connection, Mr. H. Cletus Droyles, Director of Public Works, advised that the southwest corner of Williamson Road and Thurston Avenue Is no~ ,216 being developed by the Sun Oil Company, tbut the old building mhloh existed ut this locotion has been removed from the property and he hun a communication from the contractor stating that the contractor has an obligation to construct 150 feet of curb ned gutter aa the south side or Thornton Avenue, Mr. Droyles stating he also has a letter from the Diamond Chevrolet Corporation, agreeing to pay one-half of the cost of installing curb iud gutter on the north side of Thsrston Avenue and both sides of Haddock ~veuue abutting its property and it is his recommendation that funds be appropriated for the construction of the curb and gutter or that the work be authorized out of available funds. Hr, S, P. ~uchley, owner of property on the south side of Thurston Avenue stated that he would be milling to pay one-half of the cost of installing curb and gutter in front of his property and requested that said lots be included in the project, Mr. Smaller moved that the City Manager be directed to proceed with filling in and sloping Thurston Avenue and Haddock Avenue toward Mllliamson Road and to install curb and gutter on both sides of the two streets out of available funds, one-half of the cost of the curb and gutter to be borne by the abutting property owners with the exception of the property owned by the Sun Oil Company whose contractor is nbligated to construct curb and gutter on the south side of Thnrston Avenue, N. E., west of Milllanson Road, a distance of 150 feet. The motion was seconded by Mr. Pollard and unanimously adopted. AUDITS-SCHOOLS: The City Auditor submitted a written report on an examination of the records of the Round Hill Elementary School for the school year ended June 300 1964, advising that nil the records were in order end the statement of receipts and disbursements reflects recorded transactions for the period and the financial condition of the fund. On motion of Mr. Stoller. seconded by Mr. Pollard and unanimously adopted, the report was filed. ANNEXATION: The Assistant City Attorney submitted a verbal report that ,the Virginia Supreme Court of Appeals has denied the writ of error filed by Roanoke County in connection with the annexation of the Edgehill and Peakwood Drive areas to the City of Roanoke and that an order will be entered affirming the decision of a three-judge annexation court on September 14. 1964, that the two areas be annexed to the City of Roanoke as of midnight December 31, 1964. REPORTS OF COMMITTEES: DEPARTMEN~ OF PUBLIC WORKS: The committee appointed to tabulate bids received on automobiles, station wagons and a bas for various municipaldepartments submitted the following report, recommending that the respective low bids be accepted: *January 14, 1965 To the City Council Roanoke, Virginia Gentlemen: Rids were received and publicly opened and read before City Council at its meeting on Monday, January 11, 1965 for furnishing 217 certain vehicles for various City Departments. Attached hereto is a tabulation of bids received. As can be seen from the tabulation the following firms end the amounts shone represent the lom bid respectively rot the various items of equipment: QUANTITY & AMOUNT LOM AMOUNT pESCRIPTION DEPARTMENT APPROPRIATED BIDDER. BID 6 Police Magic City Automobiles Police $15,900.00 Motor Corp. $13,758.58 Parks & O M Roanoke I Automobile Recreation $ 2,400.00 Rambler, Ltd. $ 2,144.30 D M Roanoke I Automobile Fire $ 2,400.00 Rambler, Ltd. $ 2,049.30 Refuse toltec- D M Roanoke I Automobile tmon & Disposal S 1,850.00 Rambler. Ltd. $ 1.428.86 I Station D M Roanoke MoRon Engineering $ 2,600.00 Rambler. Ltd. $ 2o130o71 I Station Raima. of D M Roanoke Mugon City Property $ 2,9S0.00 Rambler, Ltd. $ 2,105.?1 I Bus, Mine8 Traffic Engo ~ Diamond Choy- Passengers Communications $ 2,800.00 ruler Corp. $ 2,$59.85 D M Roanoke I Automobile Mater $ 2,S00,00 Rambler, Ltd. ~ 2tORT,31 Total $33,400,00 $28,264.62 It is recommended that the contracts be awarded to the lom bidders in the amounts indicated above. S/ Clarence E, Pond Clarence E. Pond, Chairman S~ Arthur St Owens Arthur $. Owens S/ H. Cletus Btu?les B. Cletus Broyles' Mr. Pond moved that Council concur in the recommendations o3 the committ and offered the following emergency Ordinance: (~16224) AN ORDINANCE accepting certain bids for supplying motor vehicular equipment to various City Departments; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 4.) Mr° Pond moved the adoption of the Ordinance. Themotlon was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, Pond, Stoller, Rheeler and Mayor Dillard ...................... 7. NAYS= None ................ O. TAXES: The committee continued for the purpose of preparing an Ordinance giving an exemption of $450 on the assessed value of real estate to owners over 65 with a gross income of less than $2,000 per year submitted the following report: *January 14, 1965. Report of Committee Submittinq Ordinance Grantinq Tax Credit to Needy Over 65 Honorable Mayor and Members Of Roanoke City Council Gentlemen: The undersigned committee by motion adopted November 16, 1964, was directed to prepare a ordinance granting effective January 1, .219 (b) To be eligible for n tax credit ·rider this section · person m·st (1) be sixty-five (65) years of age or over; (2) bare been · bona fide resident within the limits of the City of Roan·Re for at least the preceding eight years; (3) have legal or beneficial title to and be resldent in a home in the Gity of Roanoke; (4) have total net assets of every kind and description.exclusive of the home, which et a fair market val·e ore morth ·ct more than flve thousand dollars ($$,000); (5) have a total gross annual income from all sources which is not In excess or two thousand dollars ($2,000); end (b) not be receiving any fora or public'welfare assistance other than medical care available for the medically Indigent. (c) Tenants by the entirety. Jolnt tenants, or tenants in common may have one tax credit under this section if at least one of the two tenants by the entirety, Joint tenants, or tenants Jn common fulfills the eligibility qualifica- tions listed in subsection (b). (d) A surviving spouse eh· otherwise fulfills the eligibility qualifications listed in subsection (b) may incl·de residence of the deceased spouse within the 6ity of Roanoke during the lifetime of the deceased spouse, in order to meet the residence required by item (b) (2). (e) Any person or tenants by the entiretyo Joint tenants, or tenants in common seeking a tax credit under this ordinance shall file written application therefor with the Commissioner of Revenue, supplying therein such information as may be required by the Commissioner in order to deternine eligibility under the provisions of this sectlon. Beginning with the taxable year which begins on January l, 1~66, and thereafter, such applications must be filed with the not later than the October I preceding the taxable year for which the tax credit is sought. The application shall be accompanied by an affidavit of the person submitting the application, certifying to the truth of the contents. (f) A separate application is necessary for each taxable year, and a tax credit granted is for one taxable year only. (g) The Commissioner of Revenue shall grant a tax credit under this section to any person or tenants by the entirety, Joint tenants, or tenants in common who conforn to these requirements, for the taxable year covered by the application. The tax credit for any taxable year shall be a sum equal to the taxes currently dee on the first four hundred fifty dollars ($450) of assessed valuation of the property as this valuation is determined for tax purposes. A sum so computed shall be deducted from the property taxes upon real property levied for the particular taxable year by the City of Roanoke against that person or those tenants by the entirety, Joint tenants, or tenants in common. (h) The Commissioner of Reven·e may adopt and prom·lgute and from time to time may modify, amend or repeal rules and regulations not inconsistent with the provisions of this ordinance, as deemed necessary for the effective and convenient "220 administration or this system of tax credits, He may conduct such inquiries and (J) The information or data relating to or received from soy person or tenants by the entirety, Joint tenants, or tenants in common mbo mohe application for a tax credit under this ordinance, and the fact that he has applied for, beet granted, or been denied the tax credit shall be kept confidential amd sh~ll not be revealed except us necessary for the administration end enforcement of the provisions or this ordinance, but this provision shall not be construed or applied to prevent the use or such information or data in preparing statistical and summary figures and information concerning the aggregate tax credits applied for and graateq under this ordinance, and this provision shall not be construed or applied to · prevent auditing the information or data or their use in any other normal adminis- trative process, (j) Any false statement made for the purposes of this section and accompanied by an affidavit is subject to the definition and the penalties for perjury, 'Any other milfully false statement made for the purposes of this ordinanc is a misdemeanor, subject upon conviction therefor to a fine not la excess of one hundred ($100) dollars, (k) Any transfer of assets perforqed for the purpose of providing eligibility for the tax credit under this ordinance shall be construed as a false statement under subsection (jJ of this ordinance and subject to the penalties therein provided, and such a transfer mahes the transferor ineligible for a tax credit under this ordinance. (1) The provisions of this ordinance shall be construed and applied strictly, agreeably with the general rule of law controlling tax exemptions. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Jones, Pollard, Stoller and Mayor Dillard .............. 4 ,NAYS: Messrs. Garland, Pond and Wheeler ............................ ~, Mr. Stoller then moved that the City Attorney and the Commissioner of the Revenue be requested to consider the implementation of the Ordinance and to report to Council at its next regular meeting mhen the Ordinance comes up for its second reading, Yhe motion was seconded by Mr. Nheeler and lost by the following vote: AYES: Messrs. Stoller and Nheeler .........= ...........................2, NAYS: Messrs. Garland, Jones, Pollard, Pond and Mayor Dillard .......... UNFINISHED BUSINESS: NONE. CONSIG~ATION OF CALIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 16214, renaming from Light Industrial District to General Residence District that portion of two tracts of land located on the east side of Colonial Avenue, S. Wa, in the vicinity of Clearfiold Road, designated es Official Tax Nos. 1~80301 and 1~80201, respectively, zoned as Light Industrial District, having previously been before Council for its first reading, read and laid over. was again before the body. 221 In thio connection, Mr. Rheeler again pointed out that o public hearing scheduled for February 1, 1965, on the question of rezoniug property located on the northmesterly side ~f Colonial Avenue, $. M., deocrlbed ns part* of Lot* 1-4, inclusive, Block 3, Mis*au Addition, Official Tax Naa. 1260311 and 1260312, from General Residence Dlotrict to Buoiness Dlotrict, as an alternate site for n oervice station proposed to be erected in the vicinity by the Humble Oil and Refining ¢oopany, and moved that the second reading of Ordinance No. 16214 be deferred until that time. The notion mas seconded by Mr. Pollard. Hr. David W. Lisk stated that the delegation of property owners in the vicinity of Colonial Avenue and Glearfield Road, S. M., who were present at the -last regular meeting of Council left that meeting under the impression that mheo Ordinance No. 16214 mas placed upon its first reading their problem had been solved, that they mere unamare of the possibility of the Ordinance being voted down on its second reading, that the tm* rezonings ere separate matters as far as they are concerned and there will be no opposition from them to the proposed fez*ming in the vicinity of Colonial Avenue and Broadway. MPa LlSh requesting that Council proceed with the adoption of Ordinance No. 16214 on its second reading. The motion to defer action on the second reading of Ordinnnce No. 16214 nntil February 1. 1965, was adopted by the following vote: AYES: Messrs. Jones. Pollard. Pond, Rheeler and Mayor Dillard ......... NAYS: Messrs. Garland and St*lieF .....................................20 SALE OF PROPERTY-STATE BICRMAYS: Ordinance No. 1621g. authorizing the sale of property located on the north side of Church Avenue, So E., east of 3 1/2 Street, described as part of Lot 38, and all of Lots $g, 60 and 61. Block 1. Woodland Park, Official Tax Nos. 4011117. 4011118 and 4011119, required as right of way for Interstate Spur 581, to the Commonwealth of Virginia for the sum of $360, having previously been before Council for its first reading, read and laid over, sas again before the body, Mr, St*Ilar offering the following for its second reading and final adoption: (~16219)~ AN ORDINANCE authorizing and directing the sale and conveyance of certain land to the Commonwealth of Virginia upon certain terms and conditions, needed for the construction of Route ~1o (For full text of Ordinance, see Ordinance Book No. 26, page 1,) Mr, St*lief moved the adoption of the Ordinance, The motion was seconded by Mr. Pond and adopted by the foil*win9 vote: AYES: Bessrs. Garland, Jones, Pollard. Pond, St*Ilar, Rheeler and Mayor Dillard ........................ ?. NAYS: None ................ BUDGET: Ordinance No. 16220, amending and reordaining Section 1, Chapter 2, Title II, of The Code of the City of Roanoke, 1956, to provide that the fiscal year of the City of Roanoke shall begin on the first day of July and end on the .'222 thirtieth de7 of Jane instead of beginning Jaeaar7 first and ending December thirty-first Of each year, having previously been before ~oanoil for its first reading, reed and laid over, wes again, before the body, Hr. Mheeler offering the following for Its second reading end final adoption: (w16220) AN ORDINANCE a~ending nnd reordelning Sec, 1. ~Snwe ns celeedn] of Chapter 2. *The Fiscal Year* of Title II. *Adwialstretloe* of The Code of the City of Roanoke. 1956, and providing for the effective date of this ordinance, (For fall text of Ordinance, see Ordinance Boob No. 280 page 2.) Mr, Nheeler moved the adoption of the Ordinance. The motion mas seconded by Hro Pollard and adopted by the foil*ming vote: AYES: Hessrs. Jones, Pollard. Pond, Nh*clef and Mayor Dillard .........5. NAYS: Messrs. Garland and St*lief ................................... 2. TRAFFIC-STATE NIGHNAYS: Council having directed the City Attorney to prepare the proper measure notifying the Roan*he Valley Regional Planning Com- mission and the City Planning Commission that it is the desire of Council that a study be made of the respective requests of Johnson Carper Furniture Company, Incorporated, that the proposed route for Yeath Street Extension he relocated so as not to divide its present and future manufacturing plants, the Hiller Container Corporation that the proposed route for Virginia Route 115 be relocated and the Bollins Road Civic League that Tenth Street Extension be relocated to the north to intersect with the Old Rollins Road and that Virginia Route 115 be relocated due south to intersect with Orange Avenue so as not to interfere with the future use of the said properties, with a view of relocating same, he presented said measure; whereupon, Mr. Stoller offered the following Resolution: (n16226) A RESOLUTION relating to the proposed Major Arterial Highway Plan. (For full text of Resolution, see Resolution Rook NO. 28, page S.) Mr. St*liar moved the adoption of the Re~olution. The motion was sec*nde by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, 5taller, Mb*cleF and Mayor Dillard .......................... 7. ~AYS: ~one ..................O. BUDGET-DEPARTMENT OF PUBLIC NORKS-STAYE HXGRNAYS: Council having directe¢ the City Attorney to prepare the proper measure authorizing the City Manager to employ certain personnel in the Engineering Department for overtime work to redraw and bring up to da~e twenty of th~ Tax App~aisal ~ps in connection with Interstate Spur SOl at a cost not to exceed $800, he presented same; whereupon, Mr. St*lief offered the following Resolution: (n16227) A RESOLUTION authorizing the City Manager to employ certain personnel in the City*s Engineering Department for overtime work in the preparation of City Tax Appraisal Maps. (For full text of Resolution, see Resolntion Book No. 28, page 6°) 223 Mr. St*lief moved the odoptioB Of the Resolution, The motion mas seeonde~ by.ir, Wheeler nod adopted by the foil*ming vote: AYRS:. Yessrs, Garland, Jones, Pollard, Ponds St*liar, Nheeler nnd Mayor Dillard .........................?. NAYSt None ..................O, BUDGET-RECREATION. DEPARTMENT-PARRS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to employ Messr$. David Dick and Uarry A. Mall, Civil Engineers and Land Surveyors, to make n top*graphic survey of the site of the proposed recreation center in Eureka Park for the sum of $350. he presented same; whereupon, Mr. St*lie offered the following Resolution: (m16229) A RESOLUTION authorizing the City Manager to.employ the service2 of certain civil engineers and land surveyors to make surveys of the site of the proposed Community Center in Eureka Park, (For full text of Resolution, see Resolution Book No. 28, page 6.) Mr. 5toiler moved the adoption of the Resolution. The motion was secondec by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, 5toller, Rheeler and Mayor Dillard .......................... ?, NAYS: None ..................O. LIBRARIES: Council having directed the City Attorney to prepare the proper measure,authorizing the City Manager to enter into an agreement with Americal Lending Library, Incorporated, providing for the rental of certain.books for use in the main and branch libraries, upon certain terms and provisions, at a total cost of $480o15 monthly rental, effective February 1, 1g650 he presented same; whereupon, Mr, Wheeler offered the following Resolmtion: (n1622g) A RESOLUTION authorizin9 the City Manager to enter into an agreement with American Lending Library, Inc., providing for the city's rental of books for use in its main and braqch libra(les, upon certain terms and provisions. (For full text of Resolution, see Resolution Book No. 28, page ?.) Mr. Wheeler moved the adoption of the Resolution. The motion was sec*nde. by Mr. Smaller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Pond, St*liar and Wheeler ...... NAYS: Mayor Dillard ................................................. 1. BUDGET-SEWERS AND STORM DRAINS: Council having directed the City Att*mei to prepare the proper measure authorizing the City Manager to have necessary plats and surveys prepared in connection with the acquisition of certain land from the Wells Furniture Company and easement rights from the Norfolk and Western Railway Company for relocation of a railroad spur liqe to provide for the delivery of tank cars of chlorine to treat the sewage effluent at the Sewage Treatment Plant at a maximum cost of $500, he presented same; whereupon, Mr° Smaller offered the following Resolution: ~224 (x16230) A RkSOLDTION nnthovizing the making of certain surveys end dvnuiegs necessary for certain improvements at the Gfty'n Snm~ge Disposal Plant. (For full text of. Resolution, see Resolution Hook No. 28, pege 8.) My. Stoller moved the adoption of the Resolution. The motion was second* by Mr. Pond and adopted by the following vote: AYES: Hessrso Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ........................ NAYS~ None ..................O. BUDGET-PAY PLAN: Council having directed the City Attorney to.prepare the proper,measure adding the Job titlesof Signalman Helper and M~nlcipal Traffic Technician to the Pay Plan and approving the Job descriptions for the tva positions he presented same. Mr. Jones pointed out that the proposed qualifications for the Signalman Helper are that he should be able to read and mvite simple English mlth an education level comparable to.grammar school required and moved that action on the Ordinance he deferred until the next regolar meeting of Council and that the qualifications in the Job description for the Signalman Helper he amended to read: Should have high school or equivalent education. The motion was seconded by Mr. Pollard and adopted, Mr. Stoller voting BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in various mnnicipal departments since they are of an emergency nature, he presented same; whereupon, Mr. Stoller offered the following Resolution: (s16231) A RE$0LUTXON authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 28, page 9.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pood and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, Stoller, Wheeler and Mayor Dillard ........................ T* ~AYS: None ................. O. SEWERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure providing for the acquisition of four easements required in connection with the Rright Road sewer project, he presented same; whereupon, Mr. Wheeler offered the folloming emergency Ordinance: (~16232) A~ ORDInAnCE providing for the acquisition of certain permanent and temporary easements needed by the City for the construction of the Rright Road - Robyn Road sanitary sewer project; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook NO. 29, page Mr. Wheeler moved the adoption Of the Ordinance. The motion was seconded by Mr. Stoller and adopted by the following vote: 225 AYES: Hessrs, Garland, Jones, Pollard, Pond, Stoller. Wheeler ned leyor Dillard .................. ~- .... NAYS: None ................. 0. PURCHASE OF PROPERTY-GARBAGE REMOVAL: Council having directed the City Attorney to prepare the proper,measure providing for the purchase o! u 10-foot wide strip of lend from the rear of Lot 14, Block l$,'Mnverly Place, Official Tax No. 4320214, for the sum of'$1OO,_cush, in order that nn alley might be extended from Kenwood Boulevard to Greenbrier Avenue, S, E~, in tie 1800 block, he presented same; whereupon, Mr, Stoller offered the following emergency Ordinance: (m16233) AN ORDINANCE authorizing and directing the purchase of certain real estate needed for the widening of a public alley located in the 1600 Block of Kenwood Boulevard, S, E** between Kenwood Boulevard and Greenbrier Avenue, S. and providing for an emergency, (For full text of Ordinance. see Ordinance Soak No. 2H. page 10.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the folloming vote: AYES: Messrs, Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: None ..................O, MAYER DEPARTMENT: Mr. 5toller offered the followin9 emergency Ordinance with regard to the acquisition of easements and land In connection with the con- struction by the Mater Department of a diversian facility on Tinker Creek: (~16234) AN ORDINANCE relating to the Cityts Carvin's Cove Water Reservoir; authorizing and directing the acquisition by purchase or condemnation of certain necessary additional easements in lands adjacent to Tinker Creek; authorizing and directin9 exercise of the City*s poser of eminent domain to acquire certain properties and rights heretofore authorized to be acquired by Ordinance No. 15594; authorizing:certain Joint use of an access road right-of-way provided for in said Ordinance No. 15594; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 26. page 11.) 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. Pond. Stoller. Wheeler and Mayor Dillard ...................... NAYS: None ..................O. MOTIONS AND MISCELLANEOUS BUSINESS: CITY GOVERNMENT: Mr. Stolier presented the following communication suggesting that Council appoint a committee of citizens to survey the government of the City of Roanoke and recommend where and how Council can cut costs without impairing the services demanded by the people: #January H. 196S. Uonorable Mayor and Fellow Members of Roanoke City Council: Re: Creation of Committee of Citizens to Reduce Cost of City Government, From a couple of citizens has come this nsggestion: Me have created n committee to write amendments to the Charter (which '226 unfroze,the tax vote) and · committee %o study city taxes (mkich recommended the oleual assessment of real estate lad a tax al landlords.) (From the examples given, yon have a fair Idea who these citizens are,) They propose that we appoint a Committee or Citizens to Reduce the Cost of City Government. ! think this ts o good suggestion and wish to submit it seriously. The Hoover Commission recommended some sensible improvements ia the prooedures or the federal government, some of uhfok have been adopted. At the worst, we wonld have educated some or our citizens to the fact that we all,ho,u: reduction of governmental expendi- tures is desirable but hard to do. At the best, we can get some nitlzen advice and knowledge which may be better thnn oar own, on any Inefficiency, waster tecbinlcal improvemeets needed that may he,uncovered or which.we do not recognize, ! propose that each Councilman select one member to the committee which shall choose its nun chairman and procedures to survey the government of the City of Roan.he and tell us where and how we can cut costs without impairing the sezvices demanded by the people. My nominee Js John H. Boswell. Sincerely,- S/ Murray Aa 5toiler Murray A° Stoller.* In a discussion of the proposal, Mr. Garland voiced the opinion that it would be difficult to find seven qualified citizens who would be willing to aery, on such a committee and saggested that the members of Council make such a study by visiting various municipal departments two OF three hours a week. After a further discussion of the matter, Ny. St,lieF moved that the City Attorney be instructed to prepare the proper measure creating the committee. The motion failed for lack of a second. On motion of Mr. St,lief, seconded by Mr. Pollard and unanimon$1y adopted the m~eting was adjourned, A~PROVED ATTEST: J City Clerk Mayor 227 COUNCIL, REGULAR MEETING, Monday, Jan.~ary 25, 1965, The Council of the City of Roanoke met ia regular meeting in the Council C~onber in the Municipal Dallying. Monday, January 25, 1~65, at 2 p.m., the regular meeting hour, with Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garlnnd, James E. Jones, Roy B. Pollard, St** Clarence E. Pond, Murray A. Stoller, Vincent S. Wheeler and Mayor Benton O. Dillard ................................. ABSENT: None .................O, OFFICERS PRESENT: Mr. Arthur S. Owens~ City Manager, Mr.,Janes Klncanon, Assistant City Attorney. and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting mas opened with a prayer by the Reverend J. E. Primula, Pastor, Westminster Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, January 11, 1965, having been furnished each member of Council. on motion of Mr. Stoller. seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS U~ON PUBLIC'MATTERS: SE~ERS AND STORM DRAINS: Pursuant to notice of advertisement for bids on the construction of an O-Inch sanitary sewer main to serve Robyn Road. Wright Road and a portion of Colonial Avenue and Creston Avenue, S, W., said proposals to be received by the City Clerk until 1:30 p.m.. Monday, January 2S. 1965. and to be opened at 2:00 p.m** before Councii, Mayor Dillard asked if anyone had any question about the advertisement, and no representative present rSising any question, the Mayor instructed the City Clerk to proceed mith the opening of the bids; whereupon, the City Clerk opened and ~ead bids from J. M.'Turner and Company. Incorporated, in the amount of $102,543.75, and Draper Construction Company, in the amount of $127,750.00o 'Mr. 5toiler moved that the bids be referred to a committee composed of Wessrs. James E. Jonest Chairman, Clarence E.'Pond, Arthur So Omens and R. Cie,us B~oyles for tabulation and report to Council, the City Attorney to prepare the proper measure accepting theproposal of~the low~$t responsible bidder. The notion mas seconded by Mr. Pollard and nnnnimonsly adopted. WATER DEPARTMENT-STREETS AND ALLEYS: Pursuant to notice of advertisement for bids on miscellaneous, snail area improved hard surface street and sidewalk restoration occasioned by the normal daily operations of the Water Deportment, said proposals to be received by the City Clerk nntil 1:30 p.m., Monday, January 25, lg65, and to be opened at 2:00 p.m.. before Conncil, Mayor Dillard asked if anyone hod any questions about the advertisement, and no r~presentative ~res~nt raising any question, the Mayor instructed the City Clerk tg proceed with 'the opening of the' bids; whereupon, the City Clerk gpened and read bids from Adams Csnstruction 22.8 Company, la the amount of $26,312; John A. Bell ~ Company, Incorporated, in the amount, of $27,3Y0~* and Virginia Aspkalt Pieing Company, Incorporated, ii the am*alt of $31,514, Mr, St*lief moved that the bids he referred to a committee composed or Messrs. Robert A. Garland, Chairman, Arthur 5. Omens, fl, Cie*us Broyles and J, A, Brogan for tabulation and report to Council, the City Attorney to prepare the pr*pet measure accepting*he proposal or. the louest responsible bidder.' The motion was seconded by Mr, Bheeler and uaaniwously adopted. .' DEPARTMENT OF PUBLIC MOR[S-GARBAGE REMOVAL-MAT£R DEPARTMENT: Pursuant to notice of advertisement for bids on five refuse bodies, with · minimum capacity of 23 cubic yards, two.refuse bodies, with a minimum capacity of 18 cubic yards, and one telescopic crane for the Water Department, said proposals to be received by the City Clerk until 1:30 poma, Monday, January 25, 1965, and to be opened at 2:00 p.m** before Council, Mayor Dillard asked ir anyone had any questions about the advertisement, and no representative present raising any qaestion, the Mayor instructed the City Clerk to proceed with the opening of the bldsi whereupon, the City Clerk opened and read the foil*ming bids on the seven refine bodies: Municipal Sales Company. Incorporated - $19.000 - 24 Cu. yd. $6,940 - 20 CU. yd. Truck Equipment Corporation -. 23,390 - 23 ca, yd, 8,358 - 18 ca, yd, ,Zbe City Clerk then opened and read the following bids on the telescopic crane: Baker Equipment Engineering Company $5.545 Mcllhany Equipment Company 6.175 $5,450 (Alternate) Aria Industries. Incorporated 9,200 Mr. Jones moved that the bids be referred to a Committee composed of Messrs. Murray A. Stoller. Chairman. Vincent 5. Wheeler. Arthur S. Owens, H. Cie*us Broyles and J. A. Brogan 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. Pollard and unanimously adopted. DEPARTMENT OF PUBLIC WORKS: Pursuant to notice of advertisement for bids on fifteen trucks for various municipal departments, said proposals to be received by the City Clerk until 1:30 p°m.. Monday. January 25, 1965. and to be opened at 2:00 p.m., before Council, Mayor Dillard asked if anyone hud any questions ab*n* instructed the City Clerk to proceed with the opening Of the bids; whereupon, the City Clerh opened and read the following bids: International An*rim Diamond , Harvester Dlckersofl Magic City Motors Chevrolet Item Company GMC, Inc. ,Motor Carp, Inc, Corporation I $ 8,112,80 $ 8.960.00 $ 9,222.11 $ - 2 4,765,22 5,3?5.00 5,427,00 3 5,709.27 6,150.00 5,424.60 5,435.00 5,401,30 5,004.47 (Alternate) 229. 4 $14.068.38 $16.200.00 5 4.125.86 5.410.00 6 3.284.56 4.165.00 3.817.53 (Alterobte) $14.695.00' 4.541.81 3.620.45 $14.699.26 4.561.00 $15,076,00 3,609,50 T 50084.7T 5.064.92 8 6.091.08 7.610.00 6.558og8 6.5T5.00 6.676.00 9 1,T69.09 2,399.00 2,224,3T. 2,251.65 10 1.741;50' 1.980.00 1.844.43 ' ' 1.859.00 1.859.00 11 1.623.54 - 2.047.42 2.054.00 2.060.75 Mr. St*liar woved that the bids be referred to a comwittee composed of Messrs. Roy R. Pollard. Sro. Chairman. Arthur S. On,ns and R. Cletus Bt*vies for tabulation and'report to Council% the City Attorney to prepare the proper measures ahcepting the proposals or the lowest responsible bidders.' The notion was seconded by Hr. Fond and unanimously adopted. STATE fllGRNAYS: Council at its meeting on January 11. 1965. having continued a public hearing on the proposed Major Arterial Highway Plan - Roanoke Valley Regional Area Transportation Study until January 25. 19650 the matter nas again before the body. MPg John L. Walker. Jr** Attorney. representing H. L. Lawson ~ Son. Incorporated, appeared before Council in opposition to the proposed route for Virginia Route 115 Extension. Mr. Walker advising that his client has a warehouse at 907 Ninth Street. N. E.. that the proposed street would be approximately 25 to 35 feet above the present ground level, that it would totally cut off th, entrance to the property of his client, that it night very well affect the present building itself, that it passes through a tract of land his client expects to purchase for the purpose of constructing another warehouse thereon in order to consolidate its warehouse operations and that it would affect other business and industrial prop- erties on Ninth Street both north and south of Orange Avenue. Mr. Walker concluding that his client favors a proposed alternate route which follows Tinker Creek througl Yinton. Mr. M. Coldwell Butler. Attorney. representing the heirs of To S. Nright. appeared before Council. advising that his clients own land in the vicinity of the former Virginian Railway Company property and Tayloe Avenue. S. E.. that the property is presently undeveloped, but has great potential for future development as a unit. that the proposed route for Virginia Route 115 Extension includes an extension of Thirteenth Street, So E,, through the approximate midline of the property of his clients, that he feels the adoption of the route would have the effect of creating a cloud upon the title to the property to the e~tent that its m~rketability as a unit would be seriously impaired'and that his clients would prefer that the alternate route be adopted. Mr, Arthur B, Crush, Jr., Attorney, representing the Virginia Foundry Company, appeared before Council, advising that the property of his client is 230 io~ate~ at 1109 H~atb Street. H..E*** that the p~opo~ed route for ~irg~nla Route 115 Extension would apparently take 30 to 40 feet of the property, of bls client amd would result ia the loss of about fifty per cent of the buildings used by bls client. Hr. Crush requesting that the alternate route be adopted. Mr. Si.lief moved that the. City Attorney be directed to prepare the propel measure notifying, the Roanoke Va~ley. Regional Planning Commission and the City Planning Cowmiasion that It is the desire of Council that a study.be made of the re,pet?ye requests of H. L. Lawson & Son. IncorPorated. the T. S. Wright Heirs and the Virginia ~oon~ry Company that the alternate route for Virginia Route 115 Extension be adopted aD as not to interfere with the future use and development of their proper~fes. The notion was seconded by Mr. Wheeler and unanimously adopted. Hr. ~illiam R. Hill. Executive Director. Downtown Roanoke. Incorporated. appeared before Councll..advising that the Traffic Committee of Downtown Roanoke, Incorporated. has reviewed the HnJor Arterial Highway Plan and determined that basically it serves the best Interests of the entire Roan.he Valley end thereby of the downtown area. therefore. Downtown Roanoke. Incorporated. urges that Council approve 'the plan and take advantage of its features which will allow exceptions to be considered on their merits as they arise. ~r. Hill concluding that there is every,reason to believe the uncertainty created by lack of such a plan would be an even greeter problem than whatever difficulties the plan itself might cause. Hr. Si.lief suggesting that Council proceed with the adoption of a Resolution approving the RaJor Arterial Highway Plane Hr. Frank M. Rogers. Sro. Attorney, representing Johnson-Carper Furniture Company, Incorporatedt stated that the Resolution would include an exception to the proposed route for Tenth Street Extension, which it does note Hr. Rogers protesting that if the plan is approved as submitted without the exception maybe the proposed route for Tenth Sty.et Extension will be changed and maybe it won*t which, in bis opinion, leaves the plans of his client for future expansion in doubt. After a discussion of the matter, Council being of the opinion that approval of the Major Arterial Highway Plan should be deferred until the Roanoke Valley Regional Planning Commission and the City Planning Commission have had an opportunity to study all of the exceptions made to the plan, Mr. Garland moved that the public ~ear~ng,be continued until February 15, 1965. The motion was seconded by Rt. Jones and unanimously adopted. PETITIONS AND CORRUNICATIONS; TELEVISIOn: A communication from the ~eptune Droadcastfng Corporatlou, requesting permission to construct a Community Antenna Television System in the City of Roanoke, was before Council. It appearing that Hr, Les C, Ran, General Hauager, has notified Council he will be unable to attend the present meeting to discuss the matter, but will renew the request in the near future. Rr. Pollard moved that the request be filed. The motion was seconded by Hr. at.liar and unanimously adopted. Wr, Wiggins urging that Council $eriousl! consider delaying any decision until after the FCC has ruled on. CATV, that it hold a public hearing before deciding mhether or not to grunt n franchise and that if and mhen a decision is made to granl such a franchise the city advertise for bids so that it may get the best possible return from the system. Hr. Robert Glenn Jones, trading as Bob Jones Company, appeared before Council and presented a communication, advising that if and when Council decides to grant a franchise for a Community Antenna Television System in Roanoke his company would lire to have the opportunity to submit a competitive bid for such a system. Mr. John W. Gibson. Eastern Secretary, National Alliance of Television an( Electronic Service Associations. requested an opportunity to.be heard on the matter before any final decision is reached. Mr. Eermit W. Salyer, President, Communi-Cable TV, Incorporated. advised that he will request a franchise to install and operate a Community Antenna Television System in the City of Roanoke at the next regular meeting of Council. Hr. Salyer was requested to put hisproposal into mriting in order that it can be placed on the agenda for the next regular meeting of Council. ZONING: A communication from Hr. Charles P. Alexander, Jr** Attorney, representing Mr. Morton Rosenberg, et al., requesting that property located on the west side of Thirteenth Street, S. W** between Chapman Avenue and Campbell Avenue, described as the southern part of Lots 1, 2 and 3, Block 16, West End and River Vlem, Official Tax No. 1220211, be rezoned from Special Residence District to Business District, was before Council. On motion of Mr. Stoller, seconded by Mr. Pond and unanimously adopted, the request was referred to the City Planning Commission for study, report and , recommendation to Council. PURCHASE OF PROPERTY-PARKS AND PLAyGROUNDS-GARBAGE REMOVAL: .A Joint communication from Mr. W. L. Rpperly, 2824 Sand Road, N. E** and Mr. John E. Mobertson, 2820 Sand Road, N. E., offering to sell their respective properties which are adjacent to the East Gate Sanitary Landfill to the City of Roanoke at a fair price, was before Conncil. On notion Of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the offers were referred to a committee composed of Messrs. Arthur S. Omens, 23[ 232 Chsirmea,~iondolph G, M~ltlle, J, Robert Thomos sad Roy B, Pollard, St,, for study PLUMRJNG CORE: Council Bt tls meeting on Horember 2, 1964, buying referred to a committee composed or Messrs. J, 0, meddle, Nv,, Chairman, R, T. Pltlmsa and O, M, Simpson for study, report end recommendation, a request of the Tyler Pipe and Foundry Company that Section 120, Chapter 3, Title IV, 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 the TyoSeel Gasket which Is used as equal to tesd and oakum for Joining cast Iron soil pipe and fatten, a communication from the Tyler Pipe and Foundry Company, asking thal it be given n reply either in the affirmative or negative, was before the body, Mr. Similar moved that the communication he forwarded to the committee mith the request that the committee expedite its study of this matter. The motion was seconded by Mtn,Pollard and unanimously adopted. REPORTS RF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, advising tha there are seven street lights in the Edgehill and Peakwood Drive areas recently annexed to the City of Roanoke, and reoommended that these lights be added to the contract between the City of Roanoke and the Appalachian Power Company, effective January 1, 1965. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (m16235) A RESOLUTION authorizing that seven 2~00 lumen overhead incandescent street lights installed in the County of Roanoke be transferred to the City of Roanoke. effective January 1. 1965. (For full text of Resolution, see Resolution Book mo, 28. page 15.) Mr. Stoller moved the adoption of the Resoluttoc. The motion was seconde~ by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard,. Pond, Similar. Mheeler and Mayor Dillard ........................ . NAYS: None .................O, LIBRARIES: The City Manager submitted a written report, advising that the State Library Board bas tentatively allocated a federal aid grant in the amount of $16,669 to the Roanoke Public Library. and recommended that he be authorized to enter into a contract for use of the fnnds, Mr. Stoller moved that Council concur ia the recommendation of the City Managerand offered the. follow, nE emergency Ordinance: (m16236) AN ORDINANCE authorizing and directing the City Manager to enter into a certain contract with the State Library Board. relating to the use of Federal funds allocated to the Roanoke Public Library; and providing for. an emergency. (For full text of Ordinance, see Ordinance Book No, 28, page 16,) 233 Mr. St*lief moved the odoptloe ~f the Ordinance. The motion mos seconded by lit. Wheeler ood adopted by tbs foil*ming vote: AYES: Messrs. Gnrlond, Jun*se Pollard. Pond, Stoller, Mheeler and Mayor Dill*rd .......................... ?o NAYS: None ................. O. Mrs St*lief then offered the foil*ming emergency Ordinance appropriating the $16,66o mhicb Will be reimbursed by the state: (~16237) AN ORDINANCE to amend and reordein Section xl21, mLlbrarles.# of the 1965 Appropriation Ordinances and pr*riding for an emergency. (For mil text of Oedinance, see Ordinance Boob No. 280 page 17.) Mr. St*liar moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the foil*ming vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*lief, Mb*cleF and Mayor Dillard .......................... T, NAYS: None ..................O. BUDGET-DEPARTMENT OF PUBLIC WELFARE: Council having been advised by the City Manager that the state requires replacement in hind or the replacement value of a shortage of $605.?0 in surplus commodity foods and having directed the City Manager to obtain bids on the items of food of which there is a shortage for the purpose of determining the actual cost tbereoft the City Manager submitted a written report, stating that bids received total $646.230 and verbally recommended that the original amount of $605.70 be appropriated, Mr. St*lieF moved that Council concur in the verbal recommendation of the City Manager and offered the following emergency Ordinance appropriating (=16258) AN ORDINANCE to amend and reordain Section #55, "Distribution of Surplus Commodities," of the 1965 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. 28,'page 18.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mro Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ........................ 7. NAYS: None ..................O. BUDGET-PAY PLAN: The City Manager submitted the following report, recommending that he be authorized to fill certain vacancies in various municipal 'Roanoke, Virginia January 25, 1965 To the City Council Roan*he, Virginia the efficient operation of the City Government, and I believe I should explain why they are requested. 23.4 AIRPORT - Janitor II, Group 18. Step 2 Yon provided additional personnel at the airport, one of which was a serviceman tad wa promoted one or our Janitors to that position. The Federal Aviation Agency, Weather Bureau and otheT goveramental 'services yay il ~helr rents to us sums for Janitorial services, and I think that we have un obligation to provide such in an adequate manner. SEWAGE DISPOSAL - Maintenance Hblper I, Group 8, Step 8 The sewage disposal plant operates around the clock and maintenance Is a key function for efficient operation. Ye tried to get along without this Ban but our operations have suffered end since we ute of minimum personnel now, I think this employee is urgent. PUBLIC IELFARE - Superintendent, Barbarian Home. Group 10 Step 2 Our saperlntendemt of the detention home leaves mu on JuBuiry 29, and I would be relmotlflt not to recommend a replacement (or promotion) of the personnel needed here due LO the Importance of having adequate supervision at all times. I do mol think we cam afford to leave this position open. Cook Il, City Homeo Group 200 S~ep 2 The City Home kitchen operates more or less from six In the morning to six in the etching and moat of our personnel mark ten to twelve hours and in order to carry Out your ordinance and provide for 40 hour work week. this personnel which you authorized sometime ago is the only method we have of both carrying out the law end providing the necessary services. TRAFFIC E~GINE£RING AND COMMUNICATION5 You approved three additional people in this department as of January 1, lg65i however, the three that I am requesting now do not fall in that category. These were approved as Of December 31, 1964t which are an follows: Sign Man, Group 5, Step 2 Maintenance repair and installation of adequate signs in order to comply with prevailing state statutes and policy of the State Department of Highways requires us to maintain this department in un efficient manner. Without this man, we have dropped behind and I think that we should replace him. Clerk Stenographer, Group 15, Step 1 If the detail as required is not maintained within the office, then we bate to take one of our personnel from the field, brln~ them in and do this work which is not as efficient and at a higher cost than we can accomplish It in an orderly fashion. It seems to me sound economy dictates we employ some- one In this position. Signalman. Group 5, Ste~ 2 #nth 33 people in this department and having the turnover that we have had since the first of November the employment of maintain signals or repair damaged ones unless we have the personnel or provde substantially more overtime. This employee Is very important. These positions should be made retroactive to January 16, 1965. STREET REPAIR - Two Street Crew Helpers Two Sewer and Drain Construction Helpers One Street Construction Helper The foregoing five employees fall in Group 9, Step 1, and we have attempted to get along without these men, but due to sewer stoppage, I think that provisions should be made for 235 REFUSE AND TRASH COLLECTION Six Disposal Loborers, Group 10, Step 1 We ire attempting eot to employ this group howl however. they are authorized in the budget uud me may have to request that one or more be approved later, certainly at the beginning of Vuootioo period or when cndse heavy demands occur for sick leave. I conuot foresee the latter but mill certainly attempt to advise Fou when I think the critical period approaches. MAINTENANCE OF CITY PROPERTY - Stock Clerk Typist. Group 15, Step II Maintenance Mechanic, Building, Croup 3, Step 1 RespectrnllF submitted, S/ Arthur S. Owens City Manager' Mr. Stnller 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. Pollard and onanimously adopted BUUGET-PAY PLAN-HEALTH DEPARTMENT: The City Manager submitted a written report, advising that the State Health Department has agreed to pay the cost of increasing the salary of the Public Health NuFse for the C and E Clinic to $4.700 per year and the salary of the Social Worker to $6,000 per year and the Commlssione: of Health has requested that the Pay Plan be amended to reclassify these two positions accordingly. In this connection, Dr. William H. £eeler, Commissioner of Health. appeared before Council and stated that he is making the request so that better qualified persons can be hired for these two positions. After a discussion of the matter. Messrs. Mheeler and Jones questioning the effect on other municipal departments if these two positions are reclassified. MF. Stoller moved that Council concur in the request of the Commissioner of Health 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. BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written report, advising that funds have been included in the budget for the training of Sanitarian and Nurses at the Health Department and that the first training course for Sani- tarians and Supervisors will begin February 1, 1965, at the State Health Training Center, but that the Commissioner of Health has requested permission to send the Director Of Environmental Health and the 5unitarian to the training course for a period of at least ten weeks which is in excess of the time permitted city employee2 to be absent from their normal duties for the purpose of attending training In this connection, Dr. William H. Keeler, Commissioner of Health, appeared before Council and requested that permission be granted the two employees to attend the training course for a period not to exceed tmelve weeks without being removed from the payroll or forfeiting fringe benefits, and that they be granted their regular car allowance during said leave of absence. 236 Mr, Stoller moved tknt Council concur im tke request of the CoBmlaaloner of Health oed that the matter be referred to. the City Attorney for preparation of the proper measure granting the Director of Enrlroaueutal Health and the Suni*arian et the Health Department · leave of absence from their normal duties to ·trend the training course for ~ period eot to exceed twelve meeks without being removed from the payroll or forfeiting fringe benefits and also granting them their regel·r car ·llowanc~ during s~id leave of absence, The motion was seconded by Mr, Wheeler nnd unanimously adopted, AIRPORT; Council et its meeting on Oecember 14, 1964, having adopted Ordinance Ho. 16165, authorizing and directing the City #manger to offer Hr, Sterling ¥, Minn, el mx** a sum nut to exceed $23,950 for u 1,142-acre tract of land and dwe~ling house thereon, which land is required to provide a clear zone at the north end of Runway 15-33 at Roanoke Municipal (RoodFum) Airport, the City Manager submitted a written report, trammel*ting a counter offer of NFo and Mrs, Mina to accept the sum of $22,950 under certain terms end conditions, including removal of the house to a new location by the property owners at their expense, the City Ranager recommending that the counter offer be accepted, Mr. Stoller moved that Council concur In the recommendation of lhe City lanager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr, Pond and unanimously adopted. CITY PROPERTY-CITY HOME: The City Ranager submitted a written report, advising that the Roanoke Council for Retarded Children is leasing from the City of Roanoke a building at 3075 Colonial Avenue, S, W,, for use by the Jerome Hatt School, and that the organization proposes to replace the old heating system in the building with · new one at an estimated cost of $2,500 under the following terms and conditions: 1,Assurance that we be allowed to use the building a minimum of ten years, In the event that we remove the Jerome Nat* . School from the,building prior to or at the end of ten years, the Roanoke Council far Retarded Children be permitted to remove the heating system~ 2,Re request that the City survey the building to see if the structure would be safe for this ten-year period. 3. Zn the event the City needs the facility for its own use within the ten-year period we request reimbursement for this improvement on the basis of 5~ depreciation per year, 4, If City Council approves the improvement of the building we also ask permission to remove the existing heating system to make room for the new one, Mr, Wheeler pointed out that the furnace which was removed from the old library building in Elmwood Park when the building was razed recently should be in good co'dj*ion and moved that action On tho matter be deferred until the next regular meeting of Council with a view of giving consideration to installing said furnace in the Jerome Natt School, The motion was seconded by Mr, Stoller and uanimonsly adopted, PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, advising that in the extension of Wiley Drive along Roanoke River it i$ necessary to cross to the north at a point to the western terminus of Wasena Park, therefore, land owned by Messrs, Herman and S, Albert Trompeter must be purchased by the city i~ the road is to continue, that he has had the property 237 appraised and appropriate offers made to the property omsers, bat his been unable to reich an agreement, the City #znuger recommesding that he be authorized to make un offer of $4.150 for the laud. After u discussion of the question. Mr. Stoller moved that action on the matter be deferred until the regular meetiag of Council ou February 8. 1965. The motion UBS seconded by MFo Ukeeler end unanimously adopted. TRAFFIC: The Cl~y Manager submitted a written report, advising that he has hsd many requests for traffic improvements on Windsor Avenue. S. M** between Mount Vernon Road and Grandin Road. and recommended that this portion of Windsor Avenue be made n one-way street eastbound. In this connection. Mr. C. C. Rush and Mr. T. H. Farmer appeared before Council and presented a petition signed by forty residents of gindsoF Avenue. representing approximately 80~ of the citizens in that area.urging that the street be made one-way eastbound. Mr. S. Albert Trompeter appeared before Council. voicing the opinion that Nindsor Avenue is a very important through street, and recommended that the problem be solved by eliminating parking on the south side. After n further discussion of the question, Mr. Rush advising that eliminating parking on one side of the street mould only increase the hazard of speeding on this portion of Rindsor Avenue. therefore, the residents are opposed to this proposal, and Mr. Rheeler stating that he has been informed by quite a leu of the citizens who signed the petition that they are not really in favor of establishing a one-way street. Mr. Pond moved that the matter be referred back to the City Manager for further study, report and recommendation to Council. The motion was seconded by Mr. Stoller end unanimously adopted. AUDITS-SCHOOLS: The City Auditor submitted written reports on an examination of the records of the Masena Elementary School, the Raleigh Court Elementary School and the Virginia Heights Elementary School for the school year ended June 30, 1964, advising that all the records were in order and the respective statements of receipts and disbursements reflect recorded transactions for the period and the financial condition of each fund. Mr. 5toller moved that the reports be received and filed. The motion was seconded by Mr. Pollard and unanimously adopted, REPORTS OF COMMITTEES: AIRFORT: The Airport Committee submitted the following report recommendiz that a revised Master Plan for Roanoke Municipal (~oodrum) Airport be adopted: ~Roanoke, Virginia January 20. 1965 To Roanoke City Council Roanoke, Virginia Gentlemen: During a called meeting of Council*s Airport Committee. January 19. 1965. careful study was given to the adoption of a 238 revised Airport Waster Fine mhinh in required by the Federal Aviation Agency ns a basic requirement for all Federal Aid Constriction proJects, Your committee, revJemed apdco - tarred ultk the Airport and Public Marks Departments ncaa revised plan that is bused OB recommendations at the F,A,A, nnd his their tentative approval as well as conforming with nit local planning requirements, Your Airport Committee voted unanimously to recommend to Council, for their approval, the adoption of the Revised Wa~ter PI~, dated January 8, 1965, on a ten (lO) year basis, This plan chould become effective immediately, Respectfully submitted, 5/ Roy L. Mebber Boy L, Mebber, Chairman Roanoke City Council's Airport Committee' In this connection, Hr. Roy L, Webber, Chairman of the Airport Committee Mr, Marshall L. Harris, Hanager of the Airport, and Hr, He Cleans Gravies, Directo] of Public Marks, appeared before Council to explain the proposed revisions in the Master Plan. After · lengthy discussion of the matter, Nra SCuller moved that Council concur in the recommendation of the Airport Committee and Offered the following Resolution: (#16239) A RESOLUTION approving, ia general, a revised Muster Plan for Roanoke Municipal (Woodrum) Airport dated January H. 19650 (For full text of Resolution, see Resolution Rook No. 28. page 18.) Mr. 5toiler moved the adoption of the Resolution. The motion was seconde~ by Hr. Pollard and adopted by the folloming vote: AYES: Messrs. Garland, Jones. Pollard, Pond. 5toller, Kheeler and Mayor Dillard .......................... NAYS: None ................. AIRPORT: The Airport Committee submitted the following report, recom- mending the initiation of Project No. 9-44-012-16 at Roanoke Municipal (Woodrum) Airport: #Roanoke, Virginia January 20, 1965 To Roanoke City Council Roanoke. Virginia During a called meeting of Council*s Airport Committee, January IH. 1965, the matter of preparing a request for Airport Project mlG, including mostly land acquisition and a small amount of paving, was examined with the assistance of the Airport and Public Marks Departments. The items included in this project have the recommendation and tentative approval of the Federal Aviation Agency as well as complying with local planning requirements. The committee voted unanimously to recommend to Council the following project: Project o16 (1966) To acquire 54 acres of additional clear zone for runway a33 south of Rershberger Road. 34 acres east of the Terminal area between ronmays a25 and ~27 and replace sufficient runway- taxiway pavement to make the new Terminal ramp positions fully useful. Estimated total cost $300.000.00 l/2City 1/2 Federal 239 Respectfully submitted. S/ Roy L. Webber Roy. L. Webber. Chairman Roan·he City Council's Airport Committeeu In this connection. Ry. Roy L. Rebber. Chuirman of the Airport Committee. Mr. Marshull L. Hurris. Manager of the Airport. and Hr. fl. Cie,us mr·vies. Director of Public Works. uppeared before Council to explain the proposed project. After · lengthy discussion or the mutter. Mr. St·lieF moved that Council concur in the reco·mendation of the Airport Committee and offered the following Resolution: (·16240) A RESOLOTION authorizing the City Manager to make requisite requests for Federal Aid to assist the City in accomplishing proposed Airport Project No. l& roy certain necessary improvements and expansionof the Cltyts Roanoke #unicipai (Mo·druB) Airport· (FOr full text of Resolution. see Resolution Rook No. 28. page 19.) Hr. Stoller moved the adoption of the Resolution. The motion was Mr. Jones pointed out that Council has directed the City Planning Commission to proceed with the preparation of a Raster Capital Improvement Program for the City of Roanoke with the assistance of an Advisory Committee to be appolnte by Council. voicing the opinion that specific capital improvement projects at the Airport should be considered alga9 with the need for other capital improvements in the city. and offered a substitute motion that the proposed Project NO. 16 be referred to the Advisory Committee for its consideration in the preparation of the Nas,er Capital Improvement Program. The motion failed for lack of a second. Resolution No. 16240 was then adopted by the following vote: AYES: Hessrs. Garland. Pollard. Pond. Stoller. Wheeler and mayor Dillard ................................ NAYS: Ry. Jones ..............1. CITV'GOV£RNRENT: The committee appointed to study bids received -microfilming certain records in the office of the Clerk Of the Courts submitted the fCllowing report: 'The Council of the City of Roanoke Roanoke. Virginia January 22. 1965 Gentlemen: Your Racy·film Study Committee has met to consider the bids which were referred to it by you after being publicly opened and read before City Council at the regular meeting on Jannary 18. 1965. Rids received were from the following: Hall ~ NcChesney. Inc.. Greensboro. N. G.. $12.660.00; Loga· Gray. Incorporated. Martinsville. Virginia. $14.778.00; Harm Film Lab·rat·ri. Winston-Salem. N. C.. $4.140.041 Remington Rand Office Systems. Roanoke, Virginia. $5,485,00: Security Microfilm Service, Danville. Virginia. $12.355.75; and Tach·JoRI Reproduction and Supply Corporation, Roanoke, Virginia. $6,975.00. 24O Your ~owmittee, because of the great differeoce ia the bids and no performance bond being required, renommeods that oil slx of said bids be rejected and that the City of Roanoke readvertise with revised specifications, for pro- posals including microfilming, sapplles, labor and equipment as one complete proposml, Respectfully submitted, S! Hurray A, St,liar, Chairmnn S/ Arthur $, Omens S/ J. Robert Thomas S/ Halker R. Carter, Jr, S! Hurray A, Foster" · r. Stoller mated tkat Council concur in the recommendation of the committee and tkat the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Rt. Wheeler and unanimously adapted. UNFINISHED BUSINESS: ANNEXATION: Conncll at its last regular meeting having been verbally informed by the Assistant City Attorney tkat the Supreme Court of Appeals of Virginia has refused to grant to Roanoke County and to certain Intervenors a mrit of error to the Order of the Annexation Court, he presented the following communica tiaa: "January 21, 1965 TO: The Honorable Hayor and Members of Git~ Council Gentlemen: Ne hare toady received official confirmation of the affirma- tion of the recent Order of Annexation by the Supreme Court of Appeals of Virginia, that Court refusing to grant to Roanoke County and to certain Intervenors a writ of error to the Order of the annexation Court, A copy of the Supreme Court's Order in each case is enclosed herewith for your information. Respectfully, S/ J. N. Klncanon James N. £1ncanon Assistant City Attorney" Nr. Pollard moved that the commnnication and Order be received and filed. The motion was seconded by Hr. Stoller and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLuTIoNs: TAXES: Ordinance No. 16225. providing a tax credit of $450 to owners of real estate over 65 years of age with a gross income of less than $2,000 per year. having previously been before Council for its first reading, read and laid over, mas again before the body, Hr, Stoller offering the following for its second reading and final adoption: (~16225) AN OROINANGE to provide a Certain tax credit as to property taxes imposed upon real property in this City, for certain persons who are sixty-fi 241 years or age OF over. and relating generally to the terms end conditions of ooy ouch tax credlt and to the time it may be granted and to the manner in nhJch it lo applied for end granted. (For full text of Ordinance, see Ordiuance Book Ho, 2B, page 13,) Mr. St,lief moved the adoption'or the Ordiniace. The motion was seconded by Mr, Jones and adopted by the following vote: AYES: Momars, Jones, Pollard, St,lieF and Hayor Dillard ............... 4. HAYS: Messrs, Garland, Pond and Hheeler ............................. 3. Hr, St,lief then moved that the committee composed of Messrs, Hurray A, St,lieF. Chairman. Jamco E. Jane, end Robert A. Garland be continued for the purpose of preparing a form of application for the credit. The motion was seconded by Mr. Jane, and adopted by the following vote: AYES: Messro. Jane,, Pollard, St,lief and Hayor DillaFd ............... 4. HAYS: MessFs, Garland, Pond and Hheeler ............................. 3. RUDGET-FAY PLAH: Council having directed the City Attorney to prepare the proper measure adding the Job titles of Signalman Ilelper and Municipal TFaffic Technician to the Pay Plan and approving the Job descriptions for the too positions. and having deferred action on the proposed measure so that the qualifications in the Job description for the Signalman flelpeF could be amended to read: Should have high school or equivalent education, the matter was again before the body, It appearing that the Job description for the Signalman Helper has been amended as directed by Council, MF, St,lieF offered the following emergency Ordinance: (=16241) AH ORBINAHCE amending Ordinance Ho. 14200. as amended, so as to add the following Job Titles and describe their duties, viz.: Signalman Uelper and Municipal Traffic Technician; and providing for an emergency. (For full text of Ordinance, see 0Fdinance BOOk NO. 2fl, page Hr. St,lieF moved the adoption of the Ordinance. The motion was seconded by MF. Pollard and adopted by the following vote: AYES: MessFs. Garland, Jones, Pollard, Fond. St,lieF, Mheeler and Mayor Dillard ...................... HAYS: Hone .................. STATE HIGHHAYS: Council having directed the City AttoFney to pFepare the proper measure providing for the purchase from Hr. Halter L. Murden of the eastern portion of Lot 8, Bloch 6, Official Survey S. E. 3, Official Tax No, 4020808. located on the south side Of Mountain Avenue, S. E., west of the N,ri,Ih and Mestern Railway Company trachs,.for the sum of $32,T~8, in connection with the i]provement of ViFginia State Route 24. and the western residue of Lot 8, in the an,unO of $1,000. for future right of way purposes, he presented sane; whereupon, Mr. Stoller offered the following emergency Ordinance: (=16242) AN ORDINANC£ authorizing and directing the acquisition of certain land for the improvement of Virginia State Route 24 in the City for the ~242 sam or $32,738 sad for the acquisition or the residue or said. lend to be used for street right of ~ey purposes ~or the edditfonul saw of $1,0001 end providing for mn emergency, (For tull text of Ordinance, see Ordinance Book No, 28, peg, 20,) Mr, St,liar moved the adoption of the Ordinunce. The motion nas seconded by Mr. Pollard and adopted by the following vote: AYES: M, sirs. Garland, J,u,s, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ........................ -7, NAYS; None ................. O. MASTER PLAN: Council having directed the City Attorney to prepare the pro,er measure requesting the City Planning Commission to proceed with the preparation of a Master Capital Improvement Program and providing for the appoint- ment of an Advisory Connittee to work with the City Planning Commission in the preparation of the program, he presented same; whereupon, Mr. St,liar offered the following Resolation: (n16243) A RESOLUTION directing the preparation of a Master Capital Improvement Program for the City; and appointing an Advisory Committee to assist the City Planning Commission in the preparation of such plan. (For full text of Resolution. see Resolution D,ok MO. 28, page 22.) Mr. St,liar moved the adoption of the Resolution. The motion wes seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, 5toiler, Mheeler and Mayor Dillard ........................ MAYS: NOne ..................O. AUDITORIUM-COLISEUM: Mr. St,lief offered the following emergency Ordinance expressly authorized the acquisition of a 22 1/2 acre site in the Commonwealth Redevelopment Project ,nd making provision for certain incidents in and about the transfer of title thereto: (~16244) AN ORDINANCE expressly authorizing the City*s acquisition of a 22 1/2 acre site in the Commonwealth Redevelopment Project; makin9 provision for certain incidents in and about the trashier of title thereto; and providing for an emergency. (For fell text of Ordinance, see Ordinance Book Mo. 28, page 22.) Mr, Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: Mayor Dillard ........................7. NAYS: None .................O. BUDGET-PAY PLAN-CIYY ATTORNET: Mr. St,liar offered the following 243 (#16245) A RESOLUTION authorizing the City Manager to employ certain personnel, (For full text or Resolution, see Resolution Rook No, 28, page 24.) Mr. Stoller moved the adoption of the Resolution, The motion mas secouded~by MF, Pollard and adopted by the folloming vote: AYES: Uessrs, Garland, Jones, Pollard, Pond, Stoller, Rbeeler and Ho/or Dillurd-~ ........................ 7, NAYS: None ................. O. MOTXONS AND MISCELLANEOUS BUSINESS: NONE. On motion of Mr. Pollard. seconded by Mr. Rheeler and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: y Clerk Mayor 244 COUNCIL, REGULAR I~ETINU, Jfomdoy, February 1, 1965, The Council of the City of Roanoke met in regular meeting l~ the Council Chamber in the Municipal Building, Monday, February 1, 1965, at T:30 p,m,, uftb iayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, Janes E, Jones, Roy R, Pollard, Sr., Clarence E. Pond, Murray A, Stoller. Vincent 5, Mheeler and Mayor Benton O. Dillard ................................. 7. ABSENT: None ....... ~ ........ O. OFFICERS PRESENT; Mr, Arthur $. Owens. City M~nsger, Mr. Janes N. Klncanon, Assistant City Attorney, and Mr. Jo Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend C, E. Reynolds, Pastor, Mt. Olivet Baptist Church, MINUTES: Copy of the minutes of the regular meeting held on Monday, January lO, 1965, having been furnished each member of Council, on motion of Mr. StolleF, seconded by Mr, Pond and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded, BEARING OF CITIZENS UPO~ PHBLIC MATTERS: ZONING-STREETS AND ALLEYS: Council having previously set a public hearin for 7:30 p.m., Monday, February 1, 1965, on the question of establishing a setback line on Colonial Avenue, S, M** from BFandon Avenue to the corporate limits, to provide for an AO-foct street, the matter was before the body. In this connection, the City Manager advised that a survey mill have to b made to establish the center line of Colonial Avenue and asked that *be public hearing be continued. Mr. Stoller moved that the public hearing be continued until March 1, 1965o The motion was seconded by Mr, Pollard and unanimously adopted, ZONING: Council having previously set a public hearing for 7:30 p,m,, Monday, February 1, 1965, on the request of Mr. J. R, Whitehead, et Mx., that property located on the northwesterly side of Colonial Avenue, $, M., in the vicinity of Broadmay, described as part of Lots 1-5, inclusive, Block 3, Mlnona Addition, Official Tax Nos. 1260311 and 1260312, be rezoued 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 Lots 1-4, inclusive, be rezoned, was before Council: "December 18, 1964 The Honorable Benton Oo Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The City Planning Commission considered this request at Its December 16, 1964 meeting. It was learned that the property, If rezoned, would 245 be used rot the erection of a gus*lime service Station, constderlug this request the Plaumlmg Commission observed that this property Is located at the end of Brosdmay mhich, in the future, mill form a major Intersection with the proposed Southwest Freewsyo Xm addition, · concentration of commercial uses is in evideuce across the street from the subject property, Tbereforet it appears to the Commission that u highway-oriented~ commercial use In this location mould be la order. However, it was also observed that adjacent residential developmemt along Colonial Avenue should be afforded sufficient protection from the encroachment of incompatible ·sen, The Planning Commission, therefore, considered the retention of a protective strip of land between the vacant lot for which fez*ming is sought and ' the adJacent residential property on Colonial Avenue, Having made field inspection and otter review of available maps, but math*at the benefit or nu up-to-date land survey, the Planning Commission determined that business fez*ming would be acceptable for all'of the lots bearing Official Tax Ho, 1260312 and for half of Official Tax Ho. 1260311 bordering Colonial Avenue with a frontage of 40 feet. The remaining'northeastern portion of Lot 1260311 should be retained us residential zone as a protective measure for the benefit of adjacent residential property. In addition, the Planning Commission reasoned that uny developer of commercial use on this property should be required to erect an ornamental protective wall ~long the property lines bordering a residential zone, Provided that the petitioner will agree 16 make these inp~ove- meats, the Planning Commission recommended that the above-described land areas of Lots 1260312 and 1260311 bordering Colonial Avenue math o total frontage of 190,9 feet should be fez*ned from General Residence District to Business District, Sincerely yours, S/ Merrier K. Sensbach for Henry B, Boynton Chairmann Mr. T. L. Plunk*ti, Jr., Attorney, representln9 the petitioners, appeared before Council in support of the request of his clients, Mr. Plunkett advising that Mr. and Mrs. ~hitehead are agreeable to the fez*ming of four of the five lots and presenting a photograph showing the type Of service station to be erected if the property is fez*ned. Mr. Ben S. rival appeared before Council and presented a petition signed by 63 property owners and residents in the area, opposing the fez*wing on the grounds that it would depreciate the value of residential property in the vicinity, aggravate an already dangerous traffic hazard at the intersection of Colonial Avenu, and Broadway. especially for school children who have to use the crossing, lead to the erection of a number of service stations On Colonial Avenue and eventually caws* deterioration in the appearance of the homes in the n~ighbor,hood. Mr. W. Ray Hicks complained that affected property owners were not given sufficient notice by the City Planning Commission as to when the Commission would consider the request for fez*ming. Mr. E. H. Smoot advised that a previous request for, reran,lng of the property was denied and that on the strength of the refusal of Council to rezone said lots he has since spent approximately $4,000 to improve his home. In answer to a question from Mr. Jones, Hr. Plunk.ti assured Council that an ornamental protective mall would be erected along both sides and the rear Of the four lots if they are rezoned for business'purposes.' '246 Mr, Follurd stating that he mas under the impression the proposed fllliu station was to be of a colonial design. Mr. Plnukett explained that this type of filling station mould not fit into the commercial area at Colonial Avenue and Brosdwsy~ After a discussion or the matter. Mr. Garland voiced the opinion that thi~ is n border line case where it Is doubtful ns to whether or not the property should be rezoned, that the citizens in the vicinity of Colonial Avenue and Broadway have as much, if not more, Justification in opposing the proposed filling station than the residents in the vicinity of Colonial Avenue and Clearfield Road where the service station was originally proposed to be erected, and moved that the request for rezoning be denied. The motion was seconded by Hr. Stoller on the grounds that the proposed rezoning is an intrusion into a residential neighborhood and lost by the following vote: AYES: Xessrs. Garland and Stoller ................................. 2, NAYS: Messrs. Jones, Pollard, Fond, Mheeler and Mayor Dillard ......... After a further discussion of the question, other members of Council voicing the opinion that the property should be rezoaed for business purposes because of the existence Of business establishments on the south side of Colonial Avenue. the fact that one lot will re~aln zoned for residential purposes aa a buffet zone and an ornamental protective wall will be erected along the property lines of the four lots bordering a residential zone, Mr. Rheeler moved that Counoil concur In the recommendation of the City Planntng Conmlsslon'and that the following Ordinance be placed upon its first reading: (~16246) 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. k~EREAS, application has been made to the Council of the City of Roanoke to have property on the northwesterly side of Colonial Avenue, $. N., np&F Broadway. known as Official Tax Nos. 1260311and 1260312, rezoned from General Residence District to Business District; and NHEREAS, the City Planning Commission bas reoomnended that the hereinafter described land be rezoned from General Residence District to Business District; and NHEREAS, notice required by Title X¥. Chapter 4, Section 43. of ~he Code of the City of Roanoke, 1956, relating to Zoning. bas been published in "The Roanoke World-Neus,# a newspaper published in the City of Roanoke, for the tine required by said section; and NHEREAS. the hearing ns provided for in said notice was held on the 1st day of February, lg65,.at 7:30 pom.. before the Council of the City of Roanoke. at which hearing all parties in interest and citizens were given an opportunity to be heard both for and against the proposed rezontng; and MHEREAS, this Council, after considering the evidence presented is of the opinion that the hereinafter described land should be rezoned. 247 ' TBEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1, of The*Code or the City of Roanoke, 1956, relating to Zoolng, be amended nad reenacted ia the fall*wing particular nad no other, viz,: Property located aa the oorthmesterly side of Colonial Avenue, S, ~,, near Broadway, described as'the southerly 130 feet of Lots 1, 2, 3, and 4, Block 3, according to the Mop of Win*au Addition, designated on Sheet 126 or the Zoning Mop us Official Tax No, 1260312 tad the westerly one-half *of No. 1260311, be, and is hereby, changed from General Residence District to Business District and the Zoning Map shell be changed in this respect, The motion wes seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs.'Jones, Pollard, Pond, Wheeler and Mayor Dillard ..........5. NAYS: Messrs. Garland and Stoller ........~ .... - ...................... 2. ZONING: Council having previously set a public hearing for 7:30 p.m** M~ndny, February 1, 1965, on the request of Mr. Richard R. Hamlet*, et ux., that a ?026-ucre tract Of land located at the west end Of West*vet Avenue, S. W** east of the Norfolk and Western Railway Company tracks, designated as Official Tax No. 1521001, be Fez*ned from General Residence District to Special Residence District, the matter mas before the body. In this connection, the following communication from the City Planning *December 17, 1964 The Honorable Benton O. Oillard. Mayor and Members of City Council '' * Roanoke, Virginia Gentlemen: The Planning Commission considered this fez*ming request during its December 16, 1964 meeting. The petitioner indicated that he is planning to develop portions Of this land for apartment buildings. Zn considering this request the Planning Commission took into account the difficult topography of this area which wo~ld permit only the development of certain portions of this large tract of land. In view of the existing apartment house development and the remoteness of the developable land portions from General Residence District, the Planning Commission determined that the proposed development would be compatible with the character of the area. The Commission, therefore, recommends to City Council that this fez*ming request be granted. Sincerely yours, $/ Warner K. Sensbach for Henry B. Boynton Chairman* Mr. Hampton W. Thomas, Attorney, representing the petitioners, appeared before Cooncil in support of the request of his clients. No one appearing in opposition to'the request for fez*ming, Mr. St*Ilar moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: 2zt8 (mI624T) AN ORDINANCE to amend end re-enact Title IV, Chapter 4, Section 1, of The Code of the Cltr of Roanoke, 1956, In relation to Zoning, NBFUEA$, oppllcction has been wade to the Conncil or the City of Roanoke east of the Norfolk nnd Nester* Railway Cenpany tracks, being shams on Nap of Chorchlll Place, nod designated cs Official Tax No, 1521001, Fez*ned from General Residence District to Special Residence District; end WHEREAS, the Clay Phnnlng Commission has recommended that the hereinafter described land be Fez*ned from General Residence Dlstrict to Special Residence District; end WHEREAS, notice required b! 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 ..- #HEREAS. the hearing as provided for in said notice was held on the Isa day of February, 1965, at 7:30 P.N., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given au opportunity to be heard both for and against the proposed Fez*sing; and WHEREAS, this Council, after considering the evidence presented, is of th~ opinion that the hereinafter described land should be Fez*ned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Titl~ X¥, Chapter 4, bection 1, of ~he Code of the City of ~oanoke. 195~, relating to Zoning, be amended and re-enacted in the following particular and no other, viz.: Property located on Nest*var Avenue, S. N,. and more particularly describe BEGINNING at the northwest corner of Lot 1, Block 4, Map of Churchill Place, of record in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Map Book 1~ Page ?5. and on the east line of the property of the Trustee of Grace Church Independent of record in aforesaid Clerk's Office in Deed Book 925, Page 196; thence with the east lice of same, No 1o 00' W. 201.61 fa. to ~ point on the southeasterly right of may line of the Norfolk and Western Railway Company (formerly Virginian Railway Co.) property; thence with the same N. 39° 00' E, 63.00 £t. to a point; thence No 51 degs. 00' W, 25,00 ft. to a poi~t; thence continuing with the southeasterly right of way line of the Norfolk and Western Railway Company property N. 42 dogs, 20* E, 106,0 it, to a point being 'on the appr'oximate center- line of an existing 10# sanitary sewer - see City of Roanoke Deed Book ?13, Page 233; thence N. 39 degs. 35* E. 102.20 ft. to a point; thence No 3? dogs. 17' E, 101.83 ft. to a point; thence N, 35 dogs, 23' E. 109.40 ft. to a point; thence leaving the Norfolk and Western Railway property right of way and with the southwesterly line of Southern Varnish Company propert~ of record in aforesaid Clerk*s Office In Deed Book 685, Page 388, S. 64 degs. 23* E, 507.22 f~. to a point in Nestover Avenue; thence with the westerly terminus of Nestover Avenue and with the westerly line of Block J, Map of Virginia Beights Extension, of record in the Clerk*s Office of the Circuit'Court for Roanoke County, Virginia, in Plat Book 1, Page 269, and with the westerly line of Parcels A, B and C, Map of Churchill Place, So 13 degs. 28t W. 426,06 ft. to a point on the northerly line of Block I and the northerly line of a public utility easement, N, 59 degs, 45' No 98,79 it, to an angle in the north line of Lot 4; thence continuing ti 249 g mith the northerly line of Block 1, and Block 4, Map of 'Chu¥cklll Place. S. 89 degs. 00' M. crossing the center- line of aforesaid 10" sanitary sewer at about S ftc and with the northerly line of a public utility easement, ia all 551.05 fa. to the pLACE OF BEGINNING, containing ?.2645 tad being designated on Sheet 152 of the Zoning Rep as Official Tan No. 1521001, be, and is hereby, changed from General Residence District to Special Residence District and the Zoning Hap shall be changed in this respect. The motion nas seconded by Mre Rheeler and adopted by the following vote: AYBS: Ressrs. Garland, Jones, Pollard. Pond, Smaller, Rheeler and Msyor Dillard ......................... NAYS: None ................. O. ZONING: Council having previously set a public hearing for 7:30 Monday, February 1, 1965, on the request of Mr. Fred G. Alouf, et ax., that property located at the northeast corner of Meadows Street and Liberty Road, N. described as Lots 10, 11 and the adjoining ten feet of Lot 1, Block 1, Meadow Land, Official Tax Nos. 2071322, 2071323 and 20T1302, be rezoned from General Residence District to Business District, the matter was before the body. In this connection, the City Planning Commission submitted the following report, recommending that the request for the ~ezoning of Lots 10 and 11 be denied end advising that the rezonlng of the adjoining ten feet of Lot I is not required since it has been determined that this stFip of land Is already zoned as Business District: *December 17, 1964 The BonoFable Benton O. Dillard, Mayor and Renbers of City Council Roanohe, ¥i~ginia ' Gentlemen: The City Planning'Commission considered this rezoning request at its regular meeting of December 16, 1964. A representative of the petitioner informed the Commission that no definite plans for commercial re-use of this property have been developed, but that business zone would permit a widerrvarfety of uses. In studying pertinent maps and relative information, the Planning Commission determined that the character of the area is resi- den*iii and that Liberty Road will remain a residential collector rood, and that rezonlng to business would be detrimental to the existing'neighborhood, ' The Planning Commission, therefore, recommends to City Council that the above renaming request be denied. Bezoning of a 1B-foot strip of land, being the southerly portion Of Lot 1, Block Ii Meadow La,ds Tax No, 2071302, as requested in the original communication to City Council is not required, since it was determined that this land is already zoned for Business District, Sincerely yours, S/ Morner K. Sensbach for Henry B..Boynton Chairman Mr. Claude D. Carter, Attorney, representing the petitioner~, appeared before Council in support of the request of his clients. 250 No Gum uppeuring lo opposition to the proposed renaming0 Mr, iheeler moved that the request be granted tad that the following Ordlnesce be placed aFaR its first readiag: (s16240) AN ORDINANCE to amend uad reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning, WHEREASt uppllcution has been made to the Council of the City of Roanoke to hare property described as 2708 Liberty Road, N, W., also knomn as Lots 10 and 11, Block 10 Hap of Neadowland, being City Official Tax Nos, 2071322 and 2071323, renamed from General Residence District to Business District; and WHEREAS. the City Planning Commission has recommended that the hereinafte described land not be rezoned from General Residence District to Business District; and WHEREAS, notice required by Title IV, Chapter 4, Section 43. of The Code of the City of Roanoke, 1956, relating to Zoning, has been published In ~The Roanoke NaFld-Newst# a newspaper published in the City of Roanoke, for the time required by Said section; and WHEREAS, the hearing as provided for in said notice was held on the Isa day of Febroary, 1965, at T: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 renaming; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. T~EREFoRE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 195b, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located at 2?08 Liberty Road, N. W., described as Lots 10 and 11, Block 1, Map of Meadowland, designated on Sheet 207 of the Zoning Map as Official Tax Nos. 2071322 and 2071323, 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. Pollard and adopted by the followin9 vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Rayor Dillard ...................... NAYS: ~one ................. O. TELEVISION: Hr. Kermit W. Salyer, President, Communi-Cable TV, Incor~ poFated, appeared before Council and presented a communication, requesting a franchise to Install and operate a Community Antenna Television System in the City of Roanohe, Mr. Salyer also presenting a form of Ordinance granting such a franchise~ Hr. Richard Hildreth, an associate of the firm, explained the manner in which the Community Antenna Television System works and named the seven additional channels which the customers would receive in addition to the three networks Roanokers are now 9et$ing, 25'1 After u lengthy discussion of the matter, Mr. Wheeler moved that a committee of three be appointed by the Mayor to study the question mith interested parties and to report back to Council withits recommendations. The motion mas seconded by Mr. Pond. Mr. Pollard pointed oat that the Federal Communications Commission has indicated it will ask Congress for legislation to regulate Community Antenna Television Systems, that the courts have been asked to determine.if such systems and communities granting franchises therefor have been guilty of copyright infringement, that until these issues have been resolved he believes it mould be unwise for Roanoke to consider such a franchise, and offered a substitute motion that the request be filed. Th~ motion was seconded by Mr. Jones and lost by the following vote: AYES: Messrs. Jones,and Pollard ...................................... 2. MATS: Messrs. Garland, Pond, St*lief, ~heeler and Mayor Dillard ...... The original motion was then unanimously adopted. LIBRARIES: A delegation of citizens of the Southwest section appeared before Council, with Hr. Andrea H. Thompson acting as spokesman, and presented a petition signed by 1,700 persons, advising that the present Raleigh Court Branch Library is completely inadequate and requesting that Council authorize the con- struction of a new mod adequate branch library, Mr. Thompson pointing out that ther is a possibility of securinga federal grant of 40~ of the cost of constructing end equipping the eau library and urging that application be made to the Virginia State Library for federal funds from the allotment available to the Commonwealth of Virginia before the deadline of'March 27, lg65. In this connection, a communication from Mr. and Mrs. #illiam A. Tingle, Gu-Presidents of the Raleigh Court Elementary Parent-Teacher Association, advising that the Raleigh Court, Grandin Court, Museum, Virginia Heights, Moodrow #linch and Patrick Henry Parent-Teacher Associations agree,there is an urgent need for a new branch library in the Raleigh 6curt area, was presented to Council. After a discussion as to the procedure to be followed in studying the request, and,it being decided that a committee composed of members of Council, the Roanoke Public Library Board and interested citizens should make the study, and Mrs. Elisabeth a. Orewry, President of the Library Board, making verbal recommenda- tions as to the members of the Library Board,to serve on the committee, Mr. St*lief maved that a committee composed of Messrs. Robert A. Garland, Chairman, James Jones, Murray A. St*lieF, Andrew fl. Thompson, Evans B. Jess*e, Sidney P. Chockley and Mrs. Elisabeth R. Dremry be appointed to study the question of constructing a new Raleigh Court Rranch Librsry and to report back to Council with its recommenda- tions as expeditiously as possible. The motion was seconded by Mr. Garland and unanimously adopted. PETITIONS AMD COMHUNICATIONS: 252 SERERS AND STORM DBAIHS~ A Resolution or the Board of Supervisors of Roanoke County, requesting that the contract between the County of Roanoke and the City of Roanoke, dated September 28, 1954. dealing with the treatment of domestic and couwercial wastes, be amended by adding thereto a l?.937-acre tract of lind between rerocllff Avenue and Cove Road (Virginia Route 116), N. V., end a 23.00S-acre tract of land located on the north side of au,rough Road, (Virginia Route 658), S. £., east or Randall Drive (Virginia Route 65g), was before Council. Mr. Nheeler moved that the request be referred to a committee composed of Messrs. Arthur 5. Omens, James N. Eincanon, Roy L. Nebber and Murray A. Stoller for study, report and recommendation to Council. The motion was seconded by Mr. Pollard. Mr. Stoller offered · substitute notion that the request be referred to the coBalt,ce composed of Ressrs. Hurray A. Stoller, Chairman, Robert A. Garland and James E. Jones, appointed to study the water end sewer rates presently Imposed by the city on non-resident users and, thereafter, to report to Council aha,, if any, changes it concludes should be made In rates, procedure, etc. The substitute motion failed for lack of a second. Mr. Stoller offered another substitute motion that Hr. Garland be appointed us a member of the committee instead of Mr. Eincanon. The substitute motion failed for lack of a second. The oFginal motion was then adopted, Messrs. Garland and 5Loller voting no. DDDGET-SCBOOLS: A communication fFOn the Roanoke City School Board. advising that there was an unexpended balance o£ $46,996.88 in the 1964 budget for three additiona! occupational training courses under the Manpower Development and Training Program since the classes were eot organized as soon as expected and requesting that this amount be appropriated ko the 1965 budget due to the fact the classes are still in Operation, was before Council. My. Jones moved that Council concur in the request and offered the following emergency Ordinance: (m16249) AN ORDINANCE to amend and reordaln Section ~16000, 'Schools- Manpower Development and Training.' of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dook No. 28, page 26.) My. Jones moved the adoption of the Ordinance. The motion ~as seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Nheeler and Mayor Dillard ........................ 7. NAYS: None .............. O. BUDGET-SCHOOLS: A communication from the Roanoke City School Board, advising that it has approved sponsorship of Industrial Education coarses for Ii 253 certified laboratory assistants to be conducted at one of the local hospitals under the supervision or the school system and requesting an appropriation of $14,000 t6 defray the costs of-the,program which aw*nat will be reimbursed to the City of Roanoke by the state and the local hospital Jointly, was before Council. Hr. St*liar moved that Council concur in the' request and offered the following emergency Ovdiuance~ (n16250) AN ORDINANCE. to amend and reordain Section milO00, mSchools- Special Instruction,w of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 26.) Nv. St*lieF moved the adoption of the Ordinance. The motion nas seconded by Hr. Hheeler and adopted by the following vote~ AYES: Hessrs. Garland, Jones, Pollard, Fond, Stollev, Hheeler and Hayor Dillard ......................... NAYS: None .................. BUDGET-SCHOOLS: Council having been advised by the Falrview Parent- Teacher Association and the Hestwood - Hllwont Civic League that a survey conducted by the citizens of the northwest section indicates a four room addition to the Falrvlem Elementary School would be Inadequate, and having referred the matter to the Roanoke City School Board for study, report and recommendation, with the request that if the school board feels a survey is needed it proceed with one, a communication from the School Board, requesting that $90,000 be appropriated from the balance remaining lathe School Bond Fund for an addition of four classrooms to the Fairview Elementary School, was before the body. In this connection, Hr. Roy L. Hebber, Chairman of the Roanoke City 5choo Board, appeared before Council and advised that the School Board is of the opinion four additional classrooms will eliminate double sessions at Fairview Elementary School for the next school year after which time another four rooms will be needed, but that the School Board plans to submit a long-range program later on which will include the Fairview Elementary School as well as others; however, the School Board has so many requests for improvements to various schools throughout the city there is not enough money in the School Bond Fund to take care of them. Dr. £. H. Rushton, Superintendent of Schools, conceded that the four additional rooms will solve the pr*balm only temporarily, but emphasized that FaJrview Elementary School is only one of the pressing needs in the school system. A delegation of approximately 50 residents of the northwest section appeared be~ore Council, with Hr. Ho H. Grant, President of the Hestwood - Hilmont Civic League, and NFS. James M. Black, President of the FaiFvlew Parent-Teacher Association, acting as spokesmen, Hr. Grant and Hfs. Black contending that at the rate the neighborhood is growing there will be enough.children in the,area within the next school year to fill eight additional rooms and that since eight rooms 254 will be required it would be cheaper in the long ran to build them ct one time, Irs, Black statler that based on bids receotlx received In sarrouading tress the eight additional rooms can be built for approximately $110,000, After a further discussion or the wetter0 Dr, Rushton pointing out that If more than roar rooms ere built the State Board of ~ducntfoa will require the coastructlon of a library and u survey of the existieg multi-purpose room to determine whether or not it mould be adequate, Mr, Garland moved thct the question be referred bach to the aoaaohe City Bchool Board with the request that the School Board proceed with the preparation of plans for an eight room addition to the Fcirvlem. Elementary School, plus a library, and advertise for bids on that basis, The motion mas seconded by Hr, Jones and adopted, Mr, Wheeler voting no, MFo Stellar then offered the following emergency Ordinance appropriating $12,000 for preparation of the plans: (m16251) AN ORDINANCE to amend and recrdaln Section #170, *Capittljw of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 28, page 2T.) Hr, Stellar moved the adoption of the Ordinance, The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, 5toller, Wheeler and Mayor Dillard .......................... NAYS: None ................. O. ~C~OOLS: A com~unication from the Rpauoke City School Board, advising that the School Board feels there is a need for certain education programs offered under the £conomic Opportunity Act and requesting Council to study the overall community action program of the Act with a view of determining if a city-wide organization should be formed by the body, was before Council, In this connection, Mr. Duncan C, Kennedy, a member of the School Board, ,explained that the purpose of the Economic Opportunity Act Is to help communities mobilize their resources to combat poverty, that under the Act a Community Action Agency ~ould be formed and given adequate authority to enter into contracts with and to receive funds from the Federal Government to provide educational opportunitit for the lom~income group such as pre-school day care and kindergarten instruction, remedial programs and tutoring programs for children to lower the drop-out rate, After a discuasion of the matter, Mr, Jones moved that Council concur in the request of the Roanoke City School Board and that Mayor Dillard appoint a committee of three to work mith the School Board as to the feasibility of the proposal and to report back to Council mith its recommendations. The motion mas seconded by Mr. Wheeler and unanimously.adopted, Mayor Dillard then appointed Messrs, James Pollard, Sro, and Clarence E. Pond as members of the committee, REPORTS OF OFFICERS: 255 STREET LIGHTS: The Citl Nsoager cobwitted a written report, recomweodlng thor tweuty~foer 10,000 luwen overhand ieccndescent street lights be installed on Wiley Drive, $. H** between Fra~kiin R~ed ond'Winoue Avenue. Mr. Stoller moved the, Council concur in the reooumendetion of the City Haeeger and offered the following Resolution: (u16252) A RESOLUTION cutkoFlzing the instollotion or twenty-four 10,000 lumen overhead incandescent street lights on Wiley Drive, S. W** between Franklin Road and Hlnona Avenue. (For full text of Resolution, see Resolution Boob No. 2G~ page 2?.) Hr. Grolier moved the adoption of the Resolution. The motion was seconde by HFo Pond and adopted by the followin~ vote~ AYES: Hessrs. Garland, Jones, Pollard, Pond, Stoller, Rheeler and Hiyor Dillard .........................7. NAYS: None ................. O. BEPARTJ~ENT OF POBLIC WORKS: The City Beringer submitted a written report, transmitting the following communication from the Director of Public Horks, mohing certain requests with regard to act~vitte~ in connection with the annual meeting of the Virginia - District of Columbia - Baryland Chapter of the American Public Horks Associotion to be held in Roanoke on Ray 26, 27 and 28, 1965, and recommended that the requests be granted: "Da~e: January 28, 1965 TO: Mr. Arthur Se Owens, City Manager Pros: B. C. Broyles. Director of Public Works . The Virginia-District of Columbia-Maryland Cha~ter of the American Public Works Association will hold its seventh annual Conference and Equipment at Hotel Roanoke on Hay 26, 27 and 28, 1965. This group represents persons engaged in the field of public works within the ChapterUs boundaries. Their President is OUr own Director of Public Works, B. Cie,us Broyles, and our City Engineer, Williaw F. Clark, is Corresponding Secretary and a member of their Board of Directors. It is suggested that City Council pass a resolution extending a welcome and the Cityts hospitality to this group in conjunction with this Convention. It has been ascertained from local State Highway Officials that completion of the Roanoke Spur Interstate Route 581 into Roanoke to U. S. Route 460 (Orange Avenue) is anticipated the last part of May, about the same time scheduled for the Public Works Convention. It would seem appropriate for the City to initiate action at this tine to arrange for a dedication of this important highway facility during the visitation to our City by these Public Works Officials. To this end, representatives of the Highway Department, including the State Highway Commissioner, have been contacted and they have expressed an eagerness'and willingness to cooperate in such a dedication ceremony. It is suggested that an appropriate resolution be adopted by Council requesting the Department of Highways to cooperate with the City of Roanoke and other Roanoke Valley Agencies in arranging for a dedication ceremony of Interstate Route 81, and the Roanoke Spur. Interstate 581, on Friday, Hay 28, 1965 at 3:30 p.w. and to extending Invitations to the Governor, the Lieutenant Governor ~nd the Highway Commissioner to participate in the program. 256 Also lo~conJeeettfi mltktke~Febllo~Norks CoEvantioe oar De~ertment or FeblJ¢ Works mould like to here ¢ouecll°s per- mission and authority to hold e parade el Thursday nrternooe, May 2?th, between 3:30 p,w. end 4:30 p,w, to display Its many and diversified pieces o! motorized equipment over our.naeel. domntoma parade route. Several high school bands mould be invited to participate in this parade. It is further requested that If suck n parade is ellomede that City Council Members Joia with the Public Works Convention Delegates to reviem the parade from e position in front of the Municipal Building." Mr. Stellar moved that Council concur in the recommendations of the City manager and'that the matter be referred to the City Attorney for preparntlon of the proper measures. The motion was seconded by Hr. Pond and unanimously adopted. CITY AUDITOR: The City Auditor s~bmltted a financial report of the City of Roanoke for the month of December, 1964. Mr. Pollard moved that the report be received end flied. The motion mas seconded by RF. Wheeler and'unanimously ud~pted. REPORTS OF COMMITTEES: AHDITORXUR-COLISEUR: Council a~ Its meeting on July 13, 1964, having nd.pied Resolution No. 15919 appointing a committee to review the proposed Civic Center ~roJect Including plans, finances, etc., tn order that an adequate Civic Center may promptly be constructed In the City of Roanoke at the least possible cost to its citizens, the Civic Center project Committee submitted the following report: "January 27, 1965 Roanoke City Council Municipal Building Roanoke. Virginia Gentlemen: Your Civic Center Project Committee hereby submits lt*s report. ' At an early meeting, three sub-committees were set up for the purpose of making recommendations. The three designated sub~ committees and their members are as follows: (1)-CONSTRUCTION AND DESX~N Hugh Co Fisher James E. Jones Rex T, Mitchell Benjamin F. Parrott Herman Ho Pevler Carl G. Thurston James L. Trinkle (2) PARKING AND TRAFFIC Eugene S. Brown (now deceased) Benton O. Dillard Robert A. Garland Roy C. Herrenkahl Roy R. Pollard J. Do Sink (3) METHOD OF FINANCING Donald L. Jordan Marcus £aplan Robert L. Lynn Edward H. Ould Herman H. Pevler Paul R. Thomson James L. Trinkle Robert W. Woody Harry R. Vales 257 meodotiouc, cs outlined iR the accompanying reports, are the fully, mhleh accompany this report. 'January 27, 1965 REPORT TO CIvICCRH~ER ~iO~EcT coMNITT~E SDR#ITT£D BY CONSTRUCTION AND DESIGN SUBCOMMXTTF. E COMPOSED OF THE FOLLOIIING INDIVIDUALS: Curl Go Tharstom, Chairman Hugh C. Fisher #illiam A. House Rex T. Mitchell Ben F. Parrots · Herman H. ,Peveler James L. Trinkle Numerous meetings mere held by this subcommittee to discuss construction end design or a proposed auditorium-coliseum and exhibit hall for the City of Roanoke. In studying these matters it was, of coarse, assumed that the buildings, etc., would be placed on the proposed Civic Center site, better known as the Commonwealth Site. In addition to meetings and discussions by the members of this subcommittee, a meeting mas held with tmo of the architects for the most recent proposed Roanoke coliseum-auditorium. The architects who appeared were Mr. Henry Boynton and Mr. John Chappelear. These gentlemen were most helpful in answering questions on all phases of the design and construction of these facilities. The conclusions reached by this subcommittee were as follows: (1) Thai the design of said Roanoke coliseum-auditorium mas Jn general excellent and for the most part met what the subcommittee feels are the require- meats for Such a facility in Roanoke. (2) It is recommended that to prorMeadeqaate seating capacity for the future that the pernanent seating capacity of the coliseum should be increased by approximately 1610 seats mhich would increase the total seating capacity for basketball to 10,000. (3)That the seating capacity of the auditorium, mhich is 2,460, and the design approved. (4) It is the feeling of this subcommittee that to be completely competitive, particularly during the early spring, summer and fall months, that the coliseum should be air conditioned from the outset. We make the recommendation that air conditioning be included in the plans for the coliseum as well as the auditorium. To sum up: We mant to make it clear that this sub- committee has considered all phases of Design and Con- struction that it feels were necessary to reach the above conclusions. We have studied other civic center plans, have consulted,managers of civic centers in cities similar in size to Roanoke, have considered information contained in publications of the civic center managers professional organization, and have gone into detail math the architects in Roanoke concerning all phases of construction and operation of the proposed buildings. It has been a pleasure marking on this phase of the project and we look formard to giving our continued assistance in seeing that the proposal submitted by your Committee to Roanoke City Council becomes a reality. Respectfully submitted. S! Carl G. Thurston Carl G. Thurston Chairman 258 ~Roanoke, Virglole January 26, 1965 The Chairmen Civic Center Stud~ Committee Roanoke, Virginia De~r Sir: Your Committee, appointed to study the adequacy of the Architect-Engineer°s Report mhereio ls provided approximately 2,000 parting spaces ~Jtb appropriate ingress and egress roads on the 24-core commoouealth site, mom makes Its report os follows: We have studied the f~oslbility and adequacy or our own engineerSs proposals in relation to the experience of similar Auditorium-Coliseum operations et Knoxville, Charlotte, and Greensboro tn our immediate area, plus nine other facilities located else where, with the conclusion that oar own provisions for off-street parking are sufficient and adequate to meet our needs for the foreseeable Respectfully submitted, Sob-Committee, Parking and Traffic S/ Robert A. Garland Robert At Garland S/ James E. Jones S/ J. B. Seek J, B, Seek S/ Benton O. Dillard Benton O, Dillard S~ RoT C, B~rrenkohl Chairman REPORT TO THE CIVIC CENTER PROJECT COMMITTEE SUBMITTED BY METHODS OF FINANCE SUBCOMMITTEE COMPOSED OF THE FOLLJ)WING INDIVIDUALS: JAMES L. TRINKI~. CHAIRMAN. DONALD L. JORDAN. MARCUS KAPLAN. ROBERT L. LYNN. EDWARD H. OULD. HERMAN H. PEVLER. PAUL R. THOMSON. ROBERT M. ~OODV. HARRY R. YATES PROPOSED FINANCING PLAN FOR ROANOKE CIVIC CENTER An analysis of ~he pertinent constitutional, statutory and Roanoke Charter provisions, and case law related thereto. leads to the conclusion that the most desirable plan avail- able for constructing the Roanoke Civic Center mo,Id be as follows: 1. Roanoke City Council would byordinance or resolution create a Roanoke Civic Center Authority pursuant to the Public Recreational Facilities Authorities Act (Sec. 15.1= 1271 to 15.1-1286 of the Virginia Code). Council would be required to hold a public hearing, after appropriate notice were give,, at mhich the proposed resolution creating the Authority mould be discussed. 2. The Authority would be in form a separate legal entity but would be in substance an arm Of the Roanoke City Council. It would have as its governing body a Commission, appointed by City Council. consisting of from five to mine 3. The City of Roanoke would convey to the Authority the land upon which the Civic Center would be bolla. The Authority would undertake to comsat,ct the Civic Center. 259 4, Bonds to finance eotstrnctiou of the Civic Center would be Issued by tie Authority. The bonds, notes, certificates or other e.videaees~of debt of the Authority, us well us city, state nnd federnl taxation. $. Prior to the bead issue, the City would enter Itt* a long-tern lease-purchase agreement with the Authority. Rentals would be calculated to spread over a Briber Of years the construction end mulnteounce cost of the Civic Center, nil costs lu connection with the Issuance, sole, printing and delivery of the bonds nad the cost of paying the principal and interest on the bonds. At the end of the term of, the lease the Authority would convey the Civic Center to the City of Bosh*be. 6. The long-term lease would be submitted by referendum to the qualified voters of the City of Roanoke for their approval. ?. To assure marketability of the Authority°s bonds it Mould be desirable that the legality of the financing plan be determined in a Judicial proceeding instituted for the purpose. The total cost of the Civic Center would include the cost of creating and operating the Authority, the cost of constFuction of the Civic Center, and all costs in con- nection with the issuance, sale. printing and delivery of the bonds and the cost of paying the principal and interest on the bonds. Assuming that the bond ass*e, therefore, Mould be in the neighborhood of $5 million, the annual rental cost of the Civic Center, which mould he the cost of amortizing the bond issue oveF a 30-year period, Mould be as follows: Interest Rate Annual ~a?nent $5,000,000 Bond Issue 3~ 255,100 3 1/2~ 271,g00 4~ 289,200 4 1/2~ 307,000 The Civic Center is expected to be a project from which the City mill derive some revenue. Specifically, it would be expected that income from the facilities and concessions within the Civic Center would provide at least some part of the revenue required to pay the annual rental to the Authority. The additional fonds required to pay the annual rental would come from the general revenue of the City. The plan contemplates no increase in the tax rate on real and personal property. However. ir available general funds should prove insufficient to make up any difference between the revenues derived from the project itself and the annual rental charge, it is suggested that restoration of the former 15~ rate on the Utilities Tax, in lieu of the 12~ rate which has been in effect for the past several years, would provide ample funds for the purpose. This plan for the financing of the proposed Civic Center is respectfully submitted by your sub-committee on *Methods of Finance". S/ James L, Trinkle JAMES L. TR1NKLE, CHAIRMAN January 22, 1'965* Re wish to point out that the plan recommended in the reports requires the approval of the qualified voters of the city and that although title to the facility will be vested in an Authority created under the provisions of State laM. a lease-purchase agree- ment will give to City. Council complete control over its operation and maintenance. Every member of the Committee' and the Sub-Committees is vitally in~erested la helping to make possible the construction of the Civic Center at the earliest practicable date. Ne offer to Council any further help that we can render. 260 · Sincerely, Beaten O. Dillard Robert A, Garland Janes E, Jones Herman R. Pevler James L. Trinkle Sf Robert Rt Woody Robert W, Woody, Chairmen# In this connection, Ressrs. Robert R, Woody, Herman Ho Pevler and Edward Ould appeared before Council for a discussion of the report of the Civic Center Project Committee, After a discussion of the report, Rr, Garland emphasizing that the people still will decide whether or not Roanoke is to have an auditorium-coliseum, Mr. Stellar moved that Council receive and accept the report end recommendations of the Civic Center Project Committee, that the committee be continued end that the setter be referred to the City Attorney for preparation of the proper measure, The motion was seconded by Rt. Pond end unanimously adopted. TAXES-LICENSES: The Roanoke Tax Study Committee having submitted three interim reports, the first two having to do with the assessment of real estate and the third relating to the License Tax Code, the committee submitted its fourth and final report setting forth the following recommendations pertainin9 to areas of the city tax structure ant previously discussed: A, Prooosals for revision of and addition to existinq tax structure: 1. Personal property and capitation taxes. a. Advaece payment date of personal property tax to Ray 1. b. Upon elimination of state and city capitation taxes, enact homestead exemption for household goods. 2. Occupation tax. Require payment of $10 per year by persons working in the City, who do not otherwise pay license tax for engaging in such work. Franchise taxes. a, Reduce amount of franchise tax levied upon local transit company from one percent of gross receipts to one-half of one percent. b, Review all franchise agreements existing between City and public service companies operating within City. 4. Sales tax, termination of 1966 Ueaeral Assembly. Reqaest aethorization for imposition of State and'City license taxes in lieu of existing State presium tax 2. Newspapers, te]evisioe and radio. Retain existing State statutory prohibition against imposition of license tax. 1. Beak stock tax--Retnie preseet assessment of 40 cents per $100 stock value. 2. Cigarette tax--Retain present rate of I cent per 10 3. Tax on recordation of deeds and probate of wills--Retain present rate of 1/3 of emoent of state tax imposed. ieclnding $10 license tax for private passenger vehicles. 5.Utility service tax--Retain present rate of 12 cents per $100 utility service charge. 6o Wanufeoturer's license tax--Coetiuue existing policy of 261 7.Personal property tax~ machinery and tools--Retain present method Of muse,smear, 8. Real estate tax--Rake no provision for deductions or exemptions, In this connectloo,. Hr, Prank ~, Rogers, Jr,, Chairman of the Roanoke Tn: Study Committee, pointed out that the committee also recommends the appointment of o continuing citizenst tax committee to serve ut the pleasure of Council and to study and report back to Council as questions may arise from time to time pertaining to the overall tax structure of the city, Hr. Jones moved that Council receive the fourth and final repbri of the Roanoke Tax Study Committee as a part of its total report and that Council make a study of the total report. The motion ~as seconded by Hr. Pollard and unanimously adopted. Mr. Jones then moved that the City Attorney be directed to prepare the Proper measure thanking th~ Roanoke Tax Study Committee for its work. The motion was seconded by Mr. Pond and unanimously adopted. PLUMBING CODE: Council having referred to a committee composed of Messrs J. O. Weddle, St,, Chairman, R. T. ~lttman and O. W, Simpson, for study, report and recommendation, a request of Hr. R. S. Nelson, President of the Western' Virgini Plumbing and Heating Contractors Association. that Section 120, Chapter 3, Title XV, of The Code of the City of Roanoke, 1956, providing t'hat cast iron Joints used in plumbing shall be either caulked or screwed Joints, be amended to permit no-hub soil pipe and fittings, the committee submitted a written report, recommending that the request be denied. Mr. 5toller moved that Council concur in the recommendation of the commit! and that the request be denied. ~he notion was seconded by Mr. Pond and unanimousl adopted. PLUMBING CODE: Council having referred to a committee composed of Wessrs J. O. Waddle, Sr.', Chairman, R. T. Pittman and O. ho Simpson, for study, report and recommendation, a request of the Tyler Pipe and Foundry Company that Section 120, Chapter 3, Title XV, of The Code of the' City of Roanoke, 1956, provldingthat cast iron Joints used in plumbing shall be either caulked or screwed joints, be amended to permit the Ty-Seal Casket ~blch is used as equal to lead and oakum for Joining cast iron s~il pipe and fittings, tie committee submitted a written report, recommending that Section 120 be amended to permit the use of the Ty-Seal Casket, or equal, as an alternate to caulked or screwed joints under the following conditions: (1) Installation of the gaskets be permitted in building sewers, also under ground inside.buildings only. (2) All pipe and fittings installed with these gaskets shall be designed by the manufacturer for use with same. Mr. Stoller moved that Council concur in the recommendation of the com- mittee and that the matter be referred to the City Attorney far preparation of the pro,er measure. The motion mas seconded by M~. hhe~ler and unanimously ado~ted. PLUMBING CODE: Council having referred to a committee composed of Messrs. J. O. Waddle, St., C~airman, R. T~ Plttm~n and O. W. Simpson, ~or study, repo(t 262 nnd recommendation, the question of amending Chapter 3t Title XV, or The Code of the City of Roanoke, 1956. to requir~ use of corrouloa resistent materials such as glass-lined muter heaters and copper mater lines in 'nil new construction, the committee submitted u urit~u r~port, m~hiug the 'fol~miag recommendations: (l) The committee recommends tbst Sec, 150 be amended t~ require the use of red brass, copper, lend. or cement lined cast iron pipe math appropriate approved fittings fn all new construction. (2) The committee recommends that Section 154 be amended to require that nil gas or electric hot mater heaters in ell new construction end replacements in existing con- struction be glass or stone lined. After a discussion of the matter, Hr, Pond suggesting that nonel end stainless steel be Included In the proposed amendment, Mr, Stoller moved that Camac concur in the recommendations of the committee and that the matter be referred to the City Attorney for preparation of the proper measures effective January 1, 1966, The motion was seconded by Hr, Pond and unanimously adopted, SE~ERS AND STORM DRAINS: Council having referred to a committee composed of Messrs. Janes E. Jones. Chairman, Clarence E, Pond, Arthur S. Omens and H. Cletu~ Broyles. for tabulation and report, bids received on the construction of on 8~inch sanitary sewer main to serve Roby~ Road, Mright Road and a portl~n of Colonial Avenue and Creston Avenue, S. M., the committee submitted a written report, recom- mending that the bids be rejected and 'that the City Manager be directed to have 'a restudy made at once of a new sewer layout of the area Jn question In un effort to reduce the overall' cost of said project and to report to Cam'moil as soon as the revised plan is complete. Mr. Stoller moved that Oooncil concur in the recommendation Of the committee and offered the following Resolution: (x16253) A RESOLUTION relating to the proposed [right Road - Robyn Road sewer project; rejecting all bids received therefor on January 25, 1965; and directing a restudy of' the project by the City Manager. (For full text of Resolution, sec Resolution Book No. 26, page 28,) Mr. Stoller ~oved the adoption of the Resolution. The mot~on mas seclude* by Mr. ~ond and adopted by the following vote: AYES: Messrs.. Garland, Jones, Pollard, Pond, Stollers Wheeler and ~ayor Dillard ..................... ?. NAYS: None ................. O. MATER DEPARTMENT-STREEtS AND ALLEYS: Council having referred to a ~om- mittee composed of Me ssrs, Robert A, Garland, Chairman, Arthur 5. Owens, N, Cleans Broyles and J, A, Brogan, for tabulation and report, bids recieved on miscellaneous smaIl area improved hard surface street and sidewalk restoration occasioned by the normal daily operations of the Mater Department during the period beginning March 1, 1965, and ending February 28, 1966, the committee submitted a written report, together with a tabulation of the bids, recommending that the low bid of the Adams 'Construction Company, in the amount of $2~,312.00, be accepted. 263 ' Mr. 5toller moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (R16254) AN ORDINANCE accepting the proposal or Adams Constrmction Company for performing miscellaneous, smell area improved hard surface street end sidewalk restoration; authorizing the 'proper City officials to execute the requisite contract; rejecting nil other bids; end providing for on emergency. (For full text of Ordinance, see Ordinance Book No. 20, page 28.) 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, Pond, Stoller, Mheeler and Mayor Dillard .......................... ?. NAYS: None ..... ............ OD DEPARTMENT OF PUBLIC WORKS: The committee appointed to tabulate bids received on fifteen trucks for various municipal departments submitted the follomln~ report: 'January 28, 1965 To the City' Council Roanoke, Virginia Gentlemen: Attached hereto is a tabulation of bids for various trucks which bids were received and opened before City Council on January 25, 1965. As can be seen from the tabu- lation the bids meeting the specifications was submitted by ~e firm indicated opposite the respective items of equipment, OUANTXTY ~ AMOUNT LaM AMOUNT DESCREPTION DEPARTMENT APPROPRIATED BIDDER BID I Tandem Truck, cab International and chassis only St, Cleaning (see footnote) Harvester Co. $8,112.80 I 3 Ton Gab and Chassis with fifth International wheel Refuse $?,500.00 Harvester Co. $4.765.22 I 2 Ton Gab and Chassis complete with platform dump Diamond body Mater $5,500.00 Chevrolet Co. ~5,401.30 I 2 1/2 Ton Gab and Chassis complete with International dump bodies St. Cleaning $6,500.00 Harvester Co. $4.6B9.46 1 2 1/2 Ton Cab and Chassis complete International with dump bodies St. Construction $6,600,00 Harvester Co. $4,589.46 I 2 1/2 Ton Ca~ and Chassis complete with International dump bodies St. Construction $6,600°00' Harvester Co, $4,789°46 I 2 1/2 Ton Cab and Chassis complete with · Magic City flat steel body Parks ~ Recreation $5,500.00 Motor Corp. $4,541.B1 I 2 Ton Cab and Chassis complete Diamond math dump body Mater $5,000.00 Chevrolet Co. .$3,609.50 2 1/2 Ton Pickup Trucks complete Diamond with utility bodies Mater $7,000,00 Chevrolet Co, $5,064.92 I 1,1/2 Ton Cab and Chassis with dump International bodies complete Sewer HaUnt. $40500°00 Harvester CO. $3,045,54 ~264 DESCRIPTIONS OEPARTMENT APP~O~ATED BIpBEM ' BIO I 1,1/2 Ton Cab end Chassis complete Interoetionsl math dump bodies Semer Coast, $4,500,00 Harvester Co, $3,045,54 I 3/4 Toe Cub nod Fly & Mosquito International Chassis Only . Control $2,300.00 .Harvester Co, $1,769,09 I 3/4 Ton Cub and International Chassis Only St. Signs $2,20~,00 Harvester Co, $1,741,50 I 1/2 Ton' Pickup ' International Truck .Refuse $2.400.00. . Harvester Co. $1.823.54 Footnote: The sum of $2?,000 was appropriated in the 1965 budget for e Tandem Truck cub and chassis complete with u multi-purpose Street Cleaner, Bids sere opened Janour~ 11, 1965 on the multi-purpose Street Cleaner (without Truck Cbasslsl. ' ~ It is recommended that the contracts be awarded to the low bidders as indicated above, except the one Tandem Truch cub and chassis only. which will be handled by a separate committee report. COMMITTEE: S/ go? R, Pollard. Sr, St Arthur S, Omens St Ht Cie*us BroFles Roy R. Pollard, Sr., Chairman Arthur $. Owens H. Cleans Broylesw Mr. Pollard 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 providing for the purchase of fourteen of the trucks, excluding the tandem truck. The motion was seconded by Mr. Mheeler and unanimously adopted. DEPARTMENT OF PUBLIC WOBKS: The committee appointed to study the bid received for a lb-cubic yard multi-purpose vacuum street cleaner with flusher attachment, complete and installed on a truck chassis to be furnished by the city, submitted the following report: "January 28, 1965 To the City Council Roanoke, Virginia Gentlemen: On Monday, January 11, 1965', bids were received on a Multi- purpose street cleaner body only. including flasher and attach- ments. Only one bid was received on this item of equipment and that by Cury Hall Equipment Company in the amount of $21,91g.01. In negotiating with Mr. Hall, be has agreed to reduce his price by $979.01 making the cost an even $21,000.00. On Monday, January ~5, 19~5 bids were received on a Tandem Truch, cab and chassis only, mhich'ls needed to make a complete unit. Three bids were received on this item and low bid was submitted by International Harvester Company in the amount of $9,112.60, net F.O.B. Milwaukee, Misconsin. The bid on the body included mounting on the truck chassis and delivering same to Roanohe. The total cost of the complete nnJt (body end truck, c~b aid chassis) is $29,112.80. · The combined cost of the remaining 14 trucks on which bids mere received on January 24th is uoder the appropriation by $17,223.6~. It is recommended that the contract for the Multi'Purpose street cleaner body be awarded to Carl Hall Machinery Company, lac. in the amount of $21,000.00, and the contract for the Tandem Truck, cab and chassis be awarded to International Harvester Company in the amount of $H.112.80. Sf Vincent S. Wheeler Vincent 5. Wheeler S/ Arthur $, Owens Arthur $. Owens S/ H, Cletus Bro?les Bo Cletus Broyles" II O) II Hr. Rheeler moved thot Council COnCUr ia the recommeudctlons of the committee and offered the following emergency Ordluunce providing.for the purchase of then,feet cleiner body Bcd the teedem truck os which to mount the street clearer: (a16255l AN ORDINANCE authorizing the.purchase of a Tandum Truck. cch .ued chassis only. and the purchase of a Haiti-purpose Street Cleaner body. includin~ flusher and attachments{ rejecting certain other bids on other trucks; end provid- Ing for an emergency.. (For full text of Ordinance. see Ordinance Dunk No. 28. page 29.) NFo Nheeler moved the adoption of the Ordinance. The motion was seconded by Hr. SCuller and adopted by the folloming vote:. AYES: Xessrs. Garland. Jones. Pollard. Pond. SCuller. Nheeler end Yayor Dillard .........................7. NAYS: None ..................O. Mr, SCuller then offered the following emergency Ordinance transferring $2,112.80 from Section g167, 'Contingencies,N to Additional Vehicular Equipseat under Section u96. 'Street Cleaning.u of the 1965 budget, in connection with the purchase of the street cleaner body and the tandem trnck: (~16256) AN ORDINANCE to amend and reordain Section ~96. WStreet Cleaning.' and Section z167. ~Contingencies.' of the 1965 Appropriation Ordinance. and providing for on emergency. (For full text of Ordinance. see Ordinance Book No. 28. page30.) Urn SCuller moved the adoption of the Ordinance. The motion was seconded by Mr° Nheeler and adopted by the following rote: AYES: Messrs. Garland, Jones, Pollard, Pood, Stoller, Nheeler and Mayor Dillard .............. ~ ..........?, . NAYS: None ................ 0.. UNFINISHED BUSINESS: CITY PROPERTY-CITY ROME: Conncil at Its meeting on January 25, 1965, having deferred action on a request of Roonote Council for Retarded Children, Incorporated, that the.city agree to certain terms and conditions if the Roanoke Council for Retarded Children replaces the heating system in the city-owned buildin* at 3075 Colonial Avenue, S. N., occupied by the Jerome Natt School, with a view of giving consideration to using the furnace which'was removed from the old library building in Elmwood Park when the building was razed recently, the matter was again before the body. Mr. Stoller moved that action on the matter be deferred until the next regular meeting of~Council on February 8, 1965. The motion mas seconded by gr. Nheeler and unanimously adopted. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 16214, rezoning from Light Industrial District to General Residence District that portion of two tracts of land located on the east '265 ,266 side of Coloolol Avenue, S, N,, in the vicinity of Glearfleld Bond, desigaoted us Official Tax Nos. 1280301 nnd 1380201, respectively, zoned ns Light ludssirJol Dlstricte having previously been before Council for ltl first reading, read and laid over, Was again before the body, Hr. St,lief offering the following for Its seeond=reUdllg and final adoption: . (n16214) AN ORDINANCE to amend and reordalu Title X¥, Chapter 4, Sec, of The Code or the City of Roan,he, 1956, In relation to Zoning, (For full text of Ordinance, see Ordinance Door No. 28, page 24,) Mr. Bt,lief moved the adoption of the Ordinance, The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Nessrs. Garland, Jones, Pollard, Pond. 5toiler, Nheeler end Mayor Dlllord ........................ 7. NAYS: None .................. DELINQUENT TAXES: Council having directed the City Attorney to prepare the proper measure authorizing and directing him to institute and conduct suits in equity for the purpose of enforcing the cJty*s lien for delinquent taxes and other assessments against four parcels of land, he presented same; whereupon, #Fo Stoller offered the following Resolution: (~16257) A RESOLUTION authorizing and directing the City Attorney to cause suits In equity to be instituted.and conducted for the purpose of enforcing the Clty*s lien for delinquent taxes and other assessments against certain pr,portia in the City. (For full text of Res,lotion, see Resolution Book No, 2D, page 31.) Mr. St,lief moved the adoption of the Resolution, The motion was seconded by Mr. Nheeler and adopted by thai,Il,wing vote: AYES: Messrso Garland, Jones, Pollard, Pond, St,lief, Mheeler and Mayor Dillard .......................... 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, St,lief offered the following Resolution: (#16258) A RESOLUTION authoriziog the City Manager to employ certain personnel, (For full text of Resolution, see Resolution Book No. 28, page 32.) Mr. 5toiler moved the adoption of the Resolution.. The motion was sec,nde by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ............... ~ ........7. NAYS: None ..................O. BUDGET-PAY PL~N-DEALTfl DEPARTMENT: Council having directed the City Attorney to prepare the proper measure empowering the City Manager to prepare an 26.7 updated Job cla~sslficntlon old salary scale for the position Of thehbllc Health Norse for the C, and E. Clinic under the Pay Plan at n salary of approximately $4,?00 per year and the positio~ of the Social Norker at · salary of approximately $6,000 per year, the increase la salary to be paid by the state, be presented same; whereupon, Mr. St*lief offered the following emergency Ordinance: (e16259). AN ORDIHANGE authorizing and,directing certain changes in the City*s Job Classification and Pay Plan as the same relates to the Clty°s Health Department; authorizing the Glty Manager to make certain assurances to the State Department of Health; and providing for aa emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 33.) Mr. St*lief moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the foil*ming vote~ AYES: Hessvso Garland, Pollard, ,Pond, St*lieF and Rheeler ............50 NAYS: Mr, Jones and Mayor Dillard .................................... BUDGET-HEALTH DEPARTMENT: Council having directed the City Attorney to prepare the proper measure granting the Director of Environmental Health and the Sanitarian at the Beulah Oepartmeot a leave of absence from their normal duties to attend a training course for a period not to exceed twelve weeks without being removed from,the payroll or forfeiting fringe benefits, as well as their regular car allowance during said leave of absence, he presented same; whereupon, Mr. St*Il, offered the following Resolution: (c16260) A RESOLUTION concurring in the.recommendation of the City Manager relating to the duties and employment of certain employees of the City*s Health Department. (For full text of Resolution, see Resolution Book NO. 28, page 34.) Mr. Stoller moved the adoption of the Resolution, The motion mas seconded by Mr, Pond and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard, Pond, St*lieF, Mbeeler and Mayor Dillard ................. ~- .... NAYS: None ................ O. PURCHASE OF PROPERTY-AIRPORT: Council having directed the City Attorney to prepare the proper measure accepting the counter Offer of Mr. and Mrs. Sterling .·Jun to sell to the City of Roanoke a 1.142-acre parcel of land required as a part Of the north clear zone for Runway 15-33 at Roanoke Municipal (Roodrnm) Airport the sum of $22,q50 under certain terms and conditions, he presented same; nhereupon~ Mr, St*liar offered the follom~ng Resolution: (~16261) A RESOLUTION relating to the Cityts,acquisition of certain land in Roanoke County heretofore authorized to be acquired by Ordinance No. 16165. (For full text Of Resolution, see Resolution Book No. 28. page 34,) Mr. St*Ilar moved the adoption of the Resolution. The motion was secondec by Mr, Pond and adopted by the following vote: ~-268 AVES: Messrs, Garland, Jones, Pollard, Fond, StQller, Wheeler and la/or Dillard ....................... 7, NAY$= N,ac ..................O. CITY GOVERNUFNT: Colncll having directed the City Attorney to prepare the proper measure rejecting bids received roy microfilming certela records in the oFFice or the ¢lerh or the Courts, he presented sane; nhereupon, Hr. Stoller oFFered the following Resolution: (z16262) A RESOLUTION relating to certain proposals for microfilming certain records in the office o! the Clerh or Courts or the (For full tent of Resolution, see Resolution Rook Ho. 28, page 35,) Mr. Stoller moved the adoption of the Resolution. The notion was second4 by Mr. Pond and adopted by the follouing vote: AYES: Ressrs, Garland, Jones, Pollard, Pond, Stoller, RheeleF end Mayor Dlllard-~ ........................ ?. NAYS: None .................. YRAFFIC-STATE HIGHWAYS: U,ascii having directed the City Attorney to prepare the proper measure notifying the Roanoke Valley Regional Planning Commissiol and the City Planning Commission that it is the desire of Council that a study be made of the respective reqaests of H, L, Lawson and Son, Incorporated, the T, lright heirs and the Virginia Foundry Company that the alternate route for Virginia Route 115 Extension be adopted so as not to interfere with the future use and development of their properties, he presented sane; whereupon, Nv. St.lieF offered the following Resolution: (z16263) A RESOLUTION relating to the proposed Major Arterial Highway Plan, dated December, 1963. (For full text of Resolution, see Resolution Book No. 28, page 36.) ir, Stoller moved the adoption of the Resolution, The motion was seconde( by Hr. Pond and adopted by the following vote: AYES: Hessrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ......................... NAYS: None ................. O. MOTIONS AND IlSCELLANEOUS BUSINESS: NONE. On motion of Mr. Stoller, seconded' by iro Jones and unanimously adopted, the meeting nas adjourned. APPROVED ATTEST: '269 · COUNCIL, REGULAR Monday, Febraary R. The Conncil of the City of Roanoke met In regnlar meeting In the Coencll Chamber in the Municipal Building, Donday, February 8, 1965, at 2 p.a., the regular meeting hour, with Mayor Dillard presiding. PRESENT: Councilmen Robert Aa Garland. James E. Jones. Roy R. Pollard, St** Clarence E. Pond, Murray A. StolleF, Vincent S. Mheeler and ¥oyor Denton O. Dillard ................................ ?. ABSENT: None ............... O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager. and Dr. J. Robert Thanes, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend L. E. Quill*n, Jr** Pastor. Oakland Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, January 25, 1965. having been furnished each member of Council, on motion of Mr. Stall*r, seconded by Dr. Pollard and unanimously adopted, the reading thereof nas dispensed with and the minutes approved as recorded. UEARING OF CITIZENS UPON PUBLIC MATTERS: SIBEMALK, CURB AND GUTTER: Pursuant to notice of advertisement for bids Oa the coastructioo Of concrete sldeaalk, curb and gutter at various locations Jn the City of Roanoke, said proposals to be received by the City Clerk until i:30 pem** Monday, February 8, 1965, and to be opened at 2:00 p.m., before Council, Mayor Dillard 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 one bid received from B & S Construction Company in the amount of $52,175. Mr. Stoller moved that the bid be referred to a committee to be appointed by the Mayor for,study, report and recommendation to Council, the City Attorney to prepare the proper measure accepting the proposal of H ~ S Construction Company, if the committee so recommends. The motion was seconded by Mr. Wheeler and unanimonsl adopted. Mayor Dillard appointed Messrs. Clarence E. Pond, Chairman, Murray A. Stoller and Vincent S. Wheeler as members of the committee. AI~PORT-SEMERS AND STORM DRAINS-STATE HIGHWAYS: Pursuant to notice of advertisement for bids on the construction Of an access road to Roanoke Municipal (Moodrum) Airport from the property of Associated Transport, Incorporated, to an existing access road, and the construction of a storm drain from the existing road to the existing drainage system at the Airport, said proposals to be received by the City Clerk until 1:30 p.m., Monday, February 8, 1965, and to be opened at 2:00 p.m., before Council, Mayor Dillard asked if anyone had any questions about the advertisement, and no representative present raising any question, the Mayor instrnc the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: 270 H & S Cqastruotioa ¢o, ~ $51,498,00 Adams Constrnctlon Co, - 53,205,00 ~lrglala ~sphnlt Paving Co,, /nc. - 53,402,50 5. M. Draper Paring Co,. lac, - 54,249,74 J. #. Turner & Co.. lac, - 62,413.00 Hr, St*lief moved that the bids be referred to n committee to be appolnte~ by the #ayo~ rot tabulation qnd report t~ Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder, The motion Wars seconded by M~. Jones and unanimously adopted, Mayor Dillard appointed Messrs. James ~. Jones, Chairmen. Arthur S. Omens and H, Cleans flroyles as members of the committee, Later during the meeting, the committee submitted a nrltten report, together with u tabnlntion of the .bids, recommending that the Ion bid of H ~ S Construction Company, in the amount of $51,490. be accepted. Mr. Jones moved that Council concur in the recommendation of the committe~ and offered the following emergency Ordinance: (n16264) AN ORDINANCE accepting the proposal of H & S Construction Company for construction of approximately 1150 feet of access road, and, also, for construction of approximately 2400 lineal feet of storm drain, both in the vicinity of Roanoke Municipal (Noodrum) Airport; authorizing the proper City officials to execute the requisite contract; rejecting all other bids; and providing for an (For full text of Ordinance, see,Ordinance Dunk NOD 28e page 39.) AYES: Messrs. Garland, Jones, Pollard, Pond, 5toller, Wheeler and Mayor Dillard .......................... 7. drillin9 drainage wells at various locations in the Milliamson Road area, said proposals to be received by the City Clerk until 1:30 p.m., Monday, February 196~0 and to be opened at 2:00 pom,, before Council, Mayor Dillard asked if anyone bids; whereupon, the City Clerk opened and read the following bids: Frank W. Martin Drilling Company - $31,2~0 Sydnor Pump ~ Mell Company, Xncorporated 31,375 G. C. £1mberlin & Son 271 FIlE DEPARTMENT: Pnrnunnt to notice of advertisement for bids on one 750 G.P.N. Fire Pumping Engine, said proposals to be received by the City Clerk until 1:30 p,m,, Mondnyt February 8, 1965, and to be opened nt 2:00 p.m., before COulcll, Mayor Dillard asked if anyone hud any questions ab,at the advertisement, end no representative present raining any question, the Mayor instrncted the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk.opened and read the foil,ming bids: Oren Roanoke Corporation $19 Word LoFrnnce Truck Corporation 19,900,00 Hahn Motors, Incorporated 21,745.00 Mr. Statler moved that the bids be referred to n committee to be nppointe( by the Ra~or 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. Pollard and unanimously adopted. Mayor Dillard appointed Messrs. Murray A. Sa,lieF, Chairman, Clarence E. Pond and S. W. Vnughan os members of the committee. SCHOOLS: The Rilliamson Road Area Parent-Teacher Association Schools Committee appeared before Council, with Mr. Winston H. Stephens, Chairman, acting an spokesman, Mr. Stephens presenting a communication advising that a request for additional facilities at flreckinridge Junior High School has been presented to the Roanoke City School Board because the committee feels this is the proper procedure and the School Hoard has indicated it will reach a decision on the matter at its seating on February 23, 1965. Hr. Jones moved that the communication be received and filed. The motion mas seconded by Mr. Garland and unanimously adopted. SCHOOLS: Council at its meeting on February 1, 1965, having requested the Roanoke City School Board to proceed with the preparation of plans for an eight. room addition to the FairvJew Elementary School. plus a library, and advertise for bids on that basis. Mr. Roy L. Webber, Chairman of the School Hoard, appeared before Council and presented a communication, requesting that the body reconsider its action. Mr. Pollard moved that Council reconsider Its action. The motion was seconded by Rt. Jones and adopted. Rt. Garland and Mayor Dillard voting no. In a discussion of the matter. RF. Rubber stated that there appears to be some misunderstanding as to the purpose of the School Board in originally appeaFln9 before Council to request that $90.000 be appropriated from the School Bond Fund an addition of four classrooms to the Fairview Elementary School. Mr. Webber pointlE out that the original request was made in compliance with one of the fifteen recom- mendations set forth in the recent audit report approved by Council as an ace,uniOn procedure so that the City Auditor can have the balance in each account, that the Superintendent of Schools is responsible by law faf submitting to the School Board the needs of the school.system and that under the law it is necessary for the Superintendent of Schools and the State Board of Education to approve the plans and 272 specifications for each project, Mr. Bobber asking that COUnCil approve the original request ef the School Board abet $90,O00 be appropriated from the School Bond Fund for au addition of four classrooms to the Fnirvteu Elementary School.- Dr. E. M. Rumba*e, Snperinteedent of Schools, displayed 8 chert lndicntla, that a four-room addition to the Fafrvfem Elementary School will be adequate for next year, Dr. Rushtoe conceding that the conclusion is besed on an estimate rather than an actual survey, but pointing out that such estimates have been reasonably accurate in.the,past. Mrs. ~ames #. Blach. President of the Feirview Parent-Teacher Association stated that the patrons of the Felrviem ~lementery School have been advised by attorneys that the main objective of the School Board is to provide adequate school nnd to make plans for adequate schooling and that if and when the School Board Is negligent in its job City Council bas the power to see that adequate schools ere provided. Hfs. Black charging that of thelast school bond issue o! $8.000,000 more than half of the amount was used to construct Billiam Fleming Senior High School and Patrick Henry Senior High School and concluding that she cannot under- stand why the need.for improvements to other schools out of the balance remaining in the School Bond Fund was not raised until the patrons of the Fairvlem Elementary School requested aa addition of eight rooms to their school. Mr. M. H. Grant, President of the ~estwood - Hilmont Civic League, stated there are indications that a member of the Roanoke City 5ch*al Board and a member of City Council tried to make a deal mith the patrons of tag Fairview Elementary School for a four-room addition to the school in order to force them to support a bond issue, and, if this accusation is true, these persons are not fit to hold public office and should resign, and, if they do not, then Council should ask them to, Mr. Crant contending that if Council reverses its action it is no longer the top governing body in the city andthe whole system of government co~ld become chaos. Approximately 100 patrons of the Fairview Elementary School were present at the meeting in support of the remarks made by Mrs. Black and Mr. Grant. In a discussion of the matter, Mr. St*lief read the following statement: *City Council did eot knowingly or with intent to rebuke the School Board *overrule* the Board in the Fairview School case, This matter has been before Connci] on a number of occasions. Never has the Board nor its representatives con- tended that Council mas fishing in forbidden waters. Trying to get some good out of this painful situation, I would think that on the whole it has been worthwhile for these reasons: 1. It has forced us to looh Into the Code to see where the authority in this matter is vested by the General Assembly. There can be'only one answer: It is vested in the Board. 2. It has forced ns to question the school set-up, not only in this City, but in the Common- wealth. Virginia is in that group of states which has supposedly local control under state standards and super- vision. Some critics call this a *feudal* system. In my opinion, although Title 22 of the Code, the laws in it and the various amendments, was proper in order to bring our State to proper minimum standards of instruction, it is time for a general rewlsloo of the ed·catioacl policies of the Comwo·wecltk la the lmterest of better schools, higher standards, and the more ·dequ·te equipping or out children to compete'ia today*a morld, 3, It is hard to maintain · great de·l of respect for a'aystem th·t has been Ignored and viOl·ted by v·rious parts of o·r St·re and the Gener·l Assembly Itself when It suited'their purpose, The closing of schools in norfolk, Charlottesville cid other cotnualtles, The stubborn resist·ace of the Prince £dmard aothorltihs,. The tuition grant system, The disputes Il the v·rious counties over co·solid·ted schools, Sane of these'nor all taken together, and mlth m·ny more unclted lnoidentso are cnlcnlcted to engender respect for the school It ia time to come back to the.law, to obey it mhile it is unch·nged, and to seek to charge it ir me ~hiak it ought to be changed. The law puts the authority in this c·se in the Ho·rd. it is well for Council to hear the compl·lnts of our citizens and to do all we can to help them, bat me c·nnot viol·tn the law in doing so. ! h·ve every confidence th·t the School Ho·rd mill do the proper thing in this matter,w Mr. Poll·rd then rend the following st·tement: WAr council meeting held Febru·ry Isa the school board requested approv·l of the construction of four additional classrooms at F&irview school. #ithout the approv·l of the school bo·rd City Council approved the construction of eight addition·l classrooms and a library. H·ving the desire to help remedy a deplorable conditon existing at Fairview school end in an emotion·l atmosphere my better Judgement was beclouded when I voted for approv·l of this action without considering the leg·lity of.the Issue. it was not my intention to usurp the authority of the school board. I offer my apology to all members of the school board for my action which unintentionly indicated lack of confidence in their · bility to ·dminister the affairs of OUr school system." Hr. Garland stated that at no time during the discussion of the addition to the Fairview Elementary SChOOl On February 1, 1965, did he hear any mention the members of the School Board or the Superintendent of Schools that Council did not have the authority to require the School Board to build more rooms than recom- mended by the School Board, that the School Board agreed eight rooms are needed at the Falrview Elementary School, that he does not think Council is trying to circumvent anyone*s authority, that he is trying desparately to do what ts right and that since eight rooms can be built cheaper than constructing four rooms at a time it seems to him that it Mould he more~onomical to follow this procedure. In answer to a question by Mr. Garland as to mhy more opposition was not voiced by representatives of the school system at the last meeting of Cooncll, Hr. Webber replied that Council bas the benefit of the advice of its City Auditor and its City Attorney and that he did not feel it was his place to advise Council that it has no authority to tell the School Board what to do. Hr. Jonesstated that it is bis understanding the only authority Council has over the School Board is to appoint, the members of said Board and to approprtat f·nds for operation of the school system. Mr. Pond stated it is apparent to him that Council will not be able to satisfy the requirements of the patrons of the Fairview Elementary School so he thinks Council should appropriate the $900000 for a fo·r-room addition to said school. .274 Me/or Dillard voiced the opinion that the Sohool Board is being arbitrary nad that he mould lihe tn'see the Board build ach,nlm mltbnnt Connoil npproprJotlng money therefor. The matter baying been discussed et great length. Mr. Pollard moved that C~ancil rescind its action ruben o~ the.meeting on February 1. 1965. The motion was seconded by Mr. Pond and adopted by the folloming vote: AYES: Mestrs. Jones. Pollard. Pond. Stoller and Mheeler NAYS: Mr, Garland and ~eyo~ Dillard ...................................2, .Mr. Pond then moved that the City Attorney be directed to prepare the proper measure appropriating $90o000 from the School Bond Fund for un addition of four classrooms to the Falrvlem Elementary School° The motion mas seconded by Mr. Pollard and adopted. Mr. Garland end Mayor Dillard voting no. PETITIONS AND CORRUNICATIONS: TRAFFIC-STATE RIGH#AYS: Council having continued a public hearing on the proposed YsJor Arterial Highway Plan - Rnanoke Valley Regional Area Transportation Study until Februnry 15. 1965, and. in the meantime, having requested the Roanoke Valley Regional Plonning Commission and the City Planning Commission to study certain exceptions made to the Plan, the following communication from the Roanoke Yalley Regional Planning Commission was before the body: "29 January 1965 Honorable ~ayur and Glty Council City of Roanoke Roanoke, Virginia Gentlemen: Procedures are being formulated by which continuing review of the Ma~mr Arterial Highway Plan will be accomplished. The continuing review process will be by cooperative efforts of representatives of local governments, the planning agencies, the Virginia Department of Highways and the Bureau of Public Roads. Action will be by two committees, a Policy C~mmittee and a ~echntcal Committee, Yhe economic feasibility of alternate locations (in areas where Justifiable objections are raised) will be restudied, as will also areas (where no objections are raised) but which are affected by changing planning factors (population, land use, etc.). The other governing bodies in the Region have charged the Regional Commission with overall coordination for the con- tinuing planning process. It is recommended that: 1.Your council pass a resolution substantially In accordance with the attached.draft. 2. The major Arterial Highway Plan be adopted, noting the objections, and referring tim plan nod objections to the Technical Committee for restudy of the problem areas during the continuing study process, Very truly yours, ROANOKE VALLEY REGIONAL pLANNING CORMISSION S/ G, L, Mattern G. L. Mattern, Chairman# :275 T~e followi~ co~municntion fro~ tb~ City Planning Commission mss mtso before Council~ 'February S,' 1965 The Honorable Denton ~. Dillard, Mayor and Members or city ~onacll Roanoke, Virginia Gentlemen: At its regular meeting of February 3, 1965 the City Planning Conlssion discussed the Issues lu c~nnectlon with the adoption of the Major Arterial Highmoy Plan iud the problems relative to the location of Virginia Rt. 115 Extension. The Planning Commistion has been informed about the objections of three major industrial concerns to the present location o! Rt. 115, uhich is claimed to interfere uith current plans to expand their physical facilities. In studying these particular locations, the Plan- ning Commission observed that the possibility for alternate · locations of at, 115 exists; however, the actual revision of plans should be executed by the Design Division of the 5tare Hlghuny Department, After thorough investigation of traffic data and application o! proper engineering design factors, this revision can be accomplished under a current contract of the City of Roanoke with the State Highuay Department which has the aim to keep RoanokH*s Arterial Highway ~lan up-to-date and in workable condition, It is, therefore, recommended that City Council t~rough its' Planning Commission inform the State Highway Department of the apparent necessity to review and revise the design of the layout of Virginia Rt. 115 between Huntington Boulevard, N. E., and Wise Avenue, S. E, In the meantime, City Council should proceed with the adoption of the aaJor Arterial Highway Plan exempting those portions of Virginia Ri, IlS Extension. which are more clearly defined on Plates 70, D4 and H$ of the RaJor Arterial Dighway Plan, ~incerely yours, S7 Burner K. Sensbach for D. N. Embank Vice-Chairman' Dr. Stoller moved that Council concur Jn the recommendations of the Roanoke Valley Regional Planning Commission and the City Planning Commission and that the City Attorney be directed to prepare the proper measure approving the MaJo ~rterial Highway Plan, with the exception of Tenth Street Extension, Virginia Route 115 and Virginia Route 115 Extension, The motion was seconded by Mr. Pond and unanimously adopted. SEIERS AND STORM DRAINS: A communication from Mr. and Mrs. Curtis G. Llneberry, 2419 Colonial Avenue, S. M., requestingthat the drainage problem in front of their home be correctedt was before Council, On motion of Mr. Stoller, seconded by Mr. Pollard and unanimously adopted, the matter was referred to the City Manager for study, report and recommendation to Council. DUDGET-ANIMALS: A communication from the Roanoke Valley Society for the Prevention of Cruelty to Amana!s, reqnesting that $3,000 be included in the budget for the fiscal year 1965-6~ for the Roanoke Valley S.P.C.A. was before Council. On motto~ Of Mr. 5toller, seconded bY Mr. Pollard and unanimously adopted. the request was referred to the Budget Commission for consideration in connection with its study of the budget for the fiscal year 1965-66. 276 ZONING: A petition from Hr. M. Courtney King, Jr., Attorneyt representiu Jr. Do R. MJllinmn, et al.r reqaestlag that property located on the east side of Main Street, S. M.o between Melton Avenue nnd Windsor Avenue, described es Lots 1 and 2, Block 10, Stratford Court. Official Tax Nos. 1250201 and 1250202, be rezoaed from Ceaeral Residence District to BasJaess District, was before Council. On motion or Mr. Stoller, seconded by Mr. Wheeler and unanimously adopted, the request rot rezoaing was referred to the City Planning Commission for study. report end recommendation to Council. SALE OF PROPERTY: A communication from Sigmon Brothers, Realtors, offerie on behalf of a client, to purchase city-omned property located on the north side of Salem Avenue, S. E., between Jefferson Street and First Street, designated as Lots 24 and 25, Roanoke Land and Improvement Company, Official Tax No. 4010114, was befoz Council. Hr. Wheeler mated that the offer be referred to a committee composed of Messrs. Arthur S. Owens, Chairman, Randolph G. Whittle, J. Robert Thomas and Boy R. Pollard, Sr., for study, report and recommendation to Council, and that the matter also be referred to the City Planning Commission to ascertain whether or not the cia has any need for the land. The motion mas seconded by Hr. Jones and unanimously adopted. BUDGET: A communication from Mayor Benton O. Dillard, advising that pursuant to Section 33 of the City Charter he has appointedt subject to the approval Of Council, Messrso Byron A. Hicks, ~anllton Mo Badman, Richard E. Martin and W. T. Welkins, freehold citizens of the City of Roanoke, as members of the Budget Com- mission to prepare a proposed budget for the fiscal year 1965-66, was before the body. Mr. Stoller moved that Council concur in the appointments made by Mayor Dillard and that the City Attorney be directed to prepare the proper measure in accordance therewith. The motion was seconded by Mr. Pond and unaninrously adopted. REPORTS OF OFFICERS: BUDGET-CITY INCINERATOR: The City Manager submitted a written report, recommending that $160 be transferred from Section ~167, "Contingencies," to Communications under Section ag?, "Refuse Collection and Disposal," of the 1965 budget, to provide for the installation of a two-way telephone system at the City ,Incinerator. Mr. St*lieF moved that Council concur in the recommendation of the City Manager and offered the following e~ergency Ordinance: (~16265) AN ORDINANCE to amend and reordain SeCtion a97, ~Refuse Collec- tion and Disposal," and Section ~167, "Contingencies," of the 1965 Appropriation Ordinance, and providing for an emergency. (For foil text of Ordinance, see Ordinance Rook No. 28, page 40.) Mr. St*lief moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: 277 AYES: Messrs, Garland, Jones, Pollard, Fond, St,liar, Mbeeler nad Mayor Dillard .... -~ ..... ' ............... ?. NAYS: Noj~-~-~ ..............O. BUDGET-PAY PLAN: The City Manager submitted the following report recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: *Roan,he, Virginia February 8, 1965 To the City Council Roanoke, Virginia Gentlemen: The fail,ming personnel are needed for the efficient operation of the City: Police Department - Three Policemen Fire Department - One Fireman Airport - Two Laborers, Group 10, Step 2 One Serviceman, Group 15, Step 2 Nater Department - Distribution System Laborer, Croup 10, Step l Library - Library Assistant II, Group 16, Step 1 Librarian l, Group 10, Step 2 Respectfully submitted, S/ Arthur S. Omens City Manager* Mr. btoller moved that Council concur in the recommendations 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. Pollard and unanimously adopte~ STREET LIGHTS: The City Manager submitted n written report, transmittin a request of Mro Harry L. Lewis, Secretary of the Board of Deacons of the Calvary Daptlst Church, that a street light be installed in the alley be*moon Church Arena Extension and'an alley between Sixth Street and Seventh Street, S. #., the City Manager advising that installing street lights in alleys is contrary to city policy hot verbally recommending that the request be granted. After a discussion of the matter, Mr. Dillard pointing out that the Appalachian Pomer Company will install the light at a charge to be paid by the Calvary Baptist Church, Mr. Stoller moved that Council concur in the verbal 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. POLICE DEPARTMENT-FIRE DEPARTMENT: The City Manager submitted the followin9 report on changes in the personnel of the Police Deportment'and the Fire Department for the month of January, 1965: "Roanohe, Virginia February D, 1965 To the City Council Roanoke, Virginia Gentlemen: I am presenting to you the status of the police and the fire department, respectively, as of January 31, lq65: 278 'Police Deportment 'The following officers resigned during January, 1965: Charles C, Harris, 2522 Derwent Drive, S, #, Robert C, Ewers, 4106 Tennessee Avenue, N, W. Donald R, Dyer, 1019 Markham Circle, $, £, 'The following officer retired January 16, 1965, on pension: Claude J. Roore, 2909 Broad $treet, H, R. tA clerk-stenographer was hired January 16, 1965: Mrs° Jane B, Tyrrellt afire Department touring the month of January 1965 the following personnel changes were made within the Fire Department: Resigned: One (1) Appointed: Twenty Two (For reduction In flremen*s work seek) There is at present one (1) vacancy,t Respectfully submitted. S/ Arthur 5. Owens City Manager' On motion Of Mr. 5toiler, seconded by Mr. Pollard and unanimously adopted the report was filed. HOUSING-SLUM CLEARANCE-AUDITORIUM-COLIS£UM: The Assistant City Attorney submitted the following report with regard to the purchase by the City of Roanoke of a 22 l/2-acre site in the Commonwealth Redevelopment Project area for the location of an auditorium-coliseum: *February 1, 1965 The Honorable the Mayor and Members of City Council Please be advised thatthere has been recorded today in thelocal~Clerkts office the deed by which City of Roanoke Redevelopment and Housing Authority conveyed to the City of Roanoke, in accordance with the terms of the contract of sale heretofore authorized to be entered into, the 25 1/2 acre site iu the Commonwealth Redevelopment Project area, intended and required to be used for the location of an auditorium and/or coliseum. At the same time, there was delivered to the City and is now filed with the City Clerk an interim binder of title Insurance written by Lawyers Title Xnsurance Corporation of Richmond. adequately insuring the City's fee simple, unen- cumbered title to the property in the £ace amount.of $$00,000, the policy containing an exception only as to a very small portion of the entire boundary as to nhich a relatively minor qnestJon of title has arisen. Until the question of title to this small area has been settled and the fee simple, nnencumbered'tltle thereto resolved to be vested in the City, there is being withheld by the City from the balance due on the ~greed purchase price the sum of ~7,$00, to be paid over to the Authority at such time as, in the opinion of this office, the title is completely cleared. Respectfully, 5/ J. N. Rlncauon Assistant City Attorney* 279 0a motion of Mr. St,liar. seconded by Hr. Pollard and uannlw6usJy adopted the report wes filed. ZONING: Council having referred to the City Planning Commission for study, report and recommendation the request of Nessrs. Lloyd Gt and Gayla £. Naif that property located on the northwest corner of Heir,se Aven~e and Viemmont Street N. W.. described as part of Lots 25 and 26. Vlewnont. Official Tix No. 2660515, be fez,ned from General Residence District to Rnsiness District. the City Planning Commission submitted a written report, recommending that the request he denied. In this connection, a communication from Mr. Charles B. Osto~hoodtt 'Attorney. representing the petitioners, advising that his clients desire a public hearing on their request for fez, ming. was before Council. Hr. St,liar moved that a public hearing on the matter be held at 2 M~rch 15. 1965. The motion was seconded by Mr. CaFland and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation the request of Hr. E. C. Pace. Ir.. et mx.. that IS.68-acre tract of land located on the north side of Persinger Road, S. W., and the east side of Brambleton Avenue. designated as Official Tax No. 1260214. be 'rezoned from General Residence District to Special Residence District. the City Planning Commission submitted a written report, recommending that the request for fez,ming be denied. In this connection, a communication from Mr. Walter W. Wood, Attorney, representing the petitioners, advising that his clients desire a public hearing on their request for rezonlngo was before Council. Rt. St.liar moved that a public hearing on the matter be held at 2 March 15, 1965. The motion was seconded by Nr. Pond and unanimously adopted. REPORTS OF COMMITTEES: LIBRARIES: The committee appointed to study the request of citizens of the Southwest section that Council authorize the construction of a new and adequate Raleigh Court flranch Library submitted the following report and recommendations: 'Pursuant to motion duly seconded and adopted at regular meeting of Council February 1o 1965, to consider the feasibility of a Raleigh Court Branch Library, this committee met on Wednesday, February 3, 1965, in the Raleigh Court School Library and adopted the following recommendations: 1. Recommend that the Shrine Bill location on the east side of Grandin Road between Avenel Are. and Laburnum Ave. be dislgnated as the general site for a new Raleigh Court Branch Library. 2. Recommend that an architect be employed. 3. Necommend that a resoiotion be prepared to authorize immediate application to the Virginia State Library for a federal grant in the amount of $42,040 or 407 of an estimated $105,100 project. 4.Recommend that top priority be accorded the Raleigh Court Branch Library in the proposed Capital Improvement Plan. S. Recommend that the Budget Commission include the amount of $105,100 in the Ig65-66 Capital Improvement Budget, 407 of which will be reimbursed by the federal grant if it is approved. 2.80 S! Robert A, Garland · Robert A; Garland. Chairman S! Janes E. Jones James E. Jones S/ Hurray A. Stoller Hurray A. 5toiler S! Sidney P, Chockley Sidney P. Chockley Recommend that the City Attorney be instructed to determine omaershlp or the'proposed location. Recommend that this committee be retained for the completion or the acm Raleigh Court Branch Library. S! Elizabeth W. Bremrv Elisabeth R. Dremry S/ Evans B. Jessee Evans B. Jessee Andrew B, Thompson Andrem B. Thompson# Hr. Garland moved that the report of the committee be received and flied. The motion mas seconded by Hr. Jones and unanimously adopted. Hr. Wheeler then moved that the City Attorney be directed to prepare the proper measure continuing the committee and authorizing the employment of an architect to be selected by said committee. The motion Mas seconded by Hr. Pond and unanimously adopted. DEPARTMENT OF PUBLIC WORKS-GARBAGE REMOVAL: The committee appointed to tabulate bids received on five refuse bodies, minimum capacity 23 cubic yards, and two refuse bodies, minimum capacity 19 cubic yards, submitted the following report: "February 4, 1965 TO the City Council Roanoke, Virginia Gentlemen: Bids were opened before City Council on January 25, 1955 for 7 Refuse Bodies. On 5 of the Bodies specifying a mintmum capacity of 23 cubic yards It has been determined that the gross meight of these packers would exceed the limits on some of our bridges over which these trucks would be required to travel. Also, some of the units bid on required extra length trucks which would make it hard for these units to be maneuvered in narrow alleys and other close quarters. On the two Refuse Bodies specifying a capacity of 1G cubic yards mhich units Mere to be mounted on the City truck chassis (already omned by the City), the size of our chassis Mas inadvertently omitted which complicated the bi. lng on these two units. It is recommended that all bids on the 7 Refuse Bodies be rejected and that new bids be received on Refuse Bodies that will meet the City*s requirements. S/ Hurray A. Stoller Murray A. Stoller S/ Vincent S. ~heeler Vicent 5. Wheeler S/ J, A, Brouan J. A. Brpgan S/ H, Cletns Brovles H, Cletus Broyles 5/ Arthur St Owens Arthur 5, Owens" Mr, Stoller moved that Conncil concur in the recommendations of the committee and that the matter be referred to the City Attorney for preparation of ti proper measure. The motion mas seconded by Mr. Wheeler and unanimously adopted. .28.i DEPARTMENT OF PDBLIC MORnS-RATER DEPARTMENT: The committee appointed to tabulate bids received oR a telescopic crane for the Muter Department submitted the foil*ming report: "February 4, 1965 To the City CODiCil Roanoke. Virginia Members of Council: Bids mere received by City Council mt las regular meeting on Monday, January 25, 1q65, for one hydraullc-pomered, truck- mounted crane to be mounted on a truck furnished by the City Of Roanoke Mater Department. Attached. hereto, is a tabulation of the bids which were received. As can be seen, the low bid of $5,450.00. submitted by McIlhany Equipment Co** Inc., on a Osybrook. Model PL-$1?-ST crane does not meet the preferred specifications. Neither does the next low bid of Baker Equipment Engineering CO. on & Hlnb, Model crane, in the amount of $5,545,00, These bids do meet the alternate specifications, but your committee feels that m crane meeting the preferred specifications is best suited for the needs of the Water Department. The bid of Mcllhany Equipment Co** lac** In the amount of $6,175.00 on a Daybrook, Model TC-222 crane is the lomest bid uhich meets the preferred specifications in every respect. It is recommended, therefore, that the contract be amarded to Mcllbany Equipment CO** lac., for the Daybrooh, Model YC-222 crane for the sum of $6,175.00. Your committee farther recommends that the City Purchasing Agent be authorized to acquire an additional 3-ton truck cab ~ cha~s$is with fifth wheel, from International Harvester Co. for $4,765.22 on which to mount the crane mentioned above. International Harvester Co. submitted the low bid on an identical truck for the Sanitation Uepartment in bids opened January 25. This unit will be satisfactory in every way for the Mater Hepartment*s needs. Also, the total cost of the crane and truck does not exceed the amount appropriated in the 1965 budget for this equipment. Respectfully submitted, $/ Murray Ar 5toiler Murray AD St*lief, Chairman 5/ Vincent 5, Iheeler Vincent S. Mb.cleF 5/ H, Cletus BFoyles H. Cleans Hroyles S! Arthur S, Owens Arthur So Owens S! J, A, Hr*qua J. A. fir*ganw Mr. Stoller 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. Mheeler and unanimously adopted, PURCHASE OF PROpERTY-PARKS AND pLAYGROUNDS-GARBAGE REMOVAL: Council havin ti,n. the offers of Mr. W. L. Epperly. 2024 5and Road. No E.. and Mr. John E. '282 be given toward innluding the two tracts of land in the park expansion prograwl howeyert It the present time0 the committee does out recommend the purchase or the two lots. Hr. Stotler pored that Council concur tn the report of the coumtttee and that the two offers be rejected. The motion was seconded by Hr. Pollard and unanimously adopted. UNFINISHED BUSINESS: CITY PROPERTY-CITY HOME~ Council having deferred ~ction on a request of Roanoke Council for Retarded Children.. Incorporated, that the city agree to certain terms and conditions if the Roanoke Council for Retarded Children replaces the heating system in the city-owned building at 3075 Colonial Avenue, S. V., occupied by the Jerome Natt School, with a view of giving consideration to using the furnace which was removed from the old library balldiag In Elmmood Park when the building was razed recently, the matter was again before the body. The City Reneger submitting a verbal report that the furnace in question is being used by the Department of Parks and Recreation and that he has been unable to find a furnace suitable for the needs of the Jerome Natt School, Hr. Stoller moved that Council concur in the request of Roanoke Council for Retarded Children, Incorporated. and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Rr. Pond and unanimQusly adopted, P~RCEASE OF PROPERY~-£ARE5 AND PLAYGROUNDS: Council baring deferred action on the recommendation of the City Manager that he be authorized to offer $4,150 to Ressrs. Herman and S, Albert Trumpeter for approximately 4 1/2 acres of land reqaired in the extension of Wiley Drive along Roanoke River, the matter was again before the body. Rt. 5toiler moved that the City Reneger be authorized to negotiate for the purchase of land in an amount not to exceed $7,000 and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Rro Nheeler and unanimoasly adopted. TELE¥ISION: Conncil at its last regular meeting herin9 adopted a motion directing that a committee of three be appointed by the Rayor to study the question of permitting the construction of a Community Antenna Television System in the City of Roanoke and to report back to the body with its recommendations, the matter was again before Council. Mayor Dillard appointed Messrs, Vincent S. Nheeler, Chairman, Clarence E. Pond and Roy R. Pollard, Sr., as members of the committee. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 16246, rezoniog property,located on the northweste: side of Colonial Avenue, S. W** in the vicinity of Droadmoy, described as part of Lots 1-4, inclusive, Block 3, Minona Addition, Official Tax Nos. 1260311 and 1260312, 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. 283 In this connection, a grclp of residents ia the area appeared before ConncJl in opposition to the proposed rezoniog. Among those speaking in opposition to the request for rezoning sere Mr. George R. Fischer, Jr** Mr. A. H. Dart, NFS. George R. Fl,charD Jr** and Mr. M. Ray Hicks, Yr. Fischer expressing the opinion that the proposed rezoatng sill Open the door to further rezoning in the area and urging that Council at least defer action on the rezoning until the new Zoning Ordinance has been adopted and the arterial high.ny question has been settled. Mr. T. L. Plunkett, Jr., Attorney, representing the petitioners for. rezoning, urged that Council proceed with the final adoption of the Ordinance, pointing out that it is up to Council to control any further expansion of business zoning in the area. After a further discussion of the matter, Mr. Stoller offered the follow- ing Ordinance for its second reading and final adoption: (x16246) 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. 28, page 4~.) Mr. Stoller moved the adoption of the Ordinance.- The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Jones, Pollard, Fond and hheeler ....................... 4. NAYS: Messrs., Garlnndf Stoller and Mayor Dillard ...................... 3o Mr. Stoller then moved that in view of the opposition of citizens in the area to the rezoning the matter be referred to the City Attorney for an opinion as to whether or not Ordinance No. 16246 required a five-sevenths favorable vote of all the members of Council for final adoption. , The motion sas seconded by Garland and unanimously adopted. ZONING: Ordinance No. 16247, rezoning a ?.26-acre tract of land located at the seat end Of ~estover Avenue. S. ~., east of the Norfolh and Nestern Railway Company tracks, designated as Official Tax No. 1521001, 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..Stoller offering the following for its second reading and final adoption: (x16247) 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 Dock No. 28, page 37.) Mr. Stoller moved the adoption of the Ordinance. The motion'was seconded by Mr. ~beeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, #heeler and Mayor Dillard .......................... 7. NAYS: None ............... ZONING: Ordinance No. 16246, rezoning property located at the northeast corner of Meadows Street and Liberty Rnad, N. Mo, described as Lots 10 and 11, ,284 Block 1, Mendon Lind. Offioill Tax NOlo 2071322 end 2071323, from General Residence District to Business District. baring preriouily been before Council for lis first reodlngo mad end laid over, mai again before the body, Mr. Stoller offering the following rot ~ts s~cond reading and final adoption: (~16240) AN ORDINANCE to amend and reenact Title XY, Chapter 4o Sectloa It of The Code of the City of Ronnoket 1956. in relation to Zoning, (For full text of Ordinance, see Ordinance Book No, 20, page 38,) Mr, Stoller moved the adoption of the Ordinlnce. The motion was seconded by Mr. Rheeler and adopted by the following vote: AVES: Yessrs, Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ......................... NAVS: None .................. DEPARTRENT OF PUBLIC NOR/S: Council having directed the City Attorney to prepare the proper measures with regard to activities in connection with the annual meeting of the Virginia-District of Columbia-Rarylnnd Chapter of the American Public ~orks Association to be held in Roanoke on Nay 26, 27 and 28, 1965, he presented same; whereupon, R~, Jones offered the following Resolution welcomJog those attending the conference: (~16266) A RESOLUTION welcoming the members of the Virginia-District of Columbia-Raryland Chapter of the American Public Marks Association at their annual conference and equipment shaw to be held in Roanak~ May 26t 27, and 28, 1965. (FaF full text of Resolution, see Resolution Dooh No, 28, page 41.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Garland, Jone~, Pollard, Pond, Stoller, Nheeler and Mayor Dillard ......................... NAYS: None ..................O, Mr, Pond offered the following Resolution proposing appropriate dedicatory ceremonies in connection with the opening of sections of Interstate Spur Route 581 nod Interstate Route 81 while the conference of the American Public Works Associatlo is being held: (n16267) A RESOLUTION proposing appropriate dedicatory ceremonies in coanectlgo with the opening of sections of Interstate Spur Bantu 581 and Interstate Route 81. .(For full text of Resolution, see Resolution Book No, 28, page 41,) Mr. Pond moved the adoption of the Resolution, The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs, Garlandl ~ones, Pollard, pond, Stoller, Wheeler and Mayor Dillard ........................ ?, NAYS: None ................. O. RF, Pollard offered the following Resolution authorizing.the City Ranager to issue a permit for a parade in ~onnectlon with the conference of the American Public Mor~s Association and to displa~ in said parade motorized equipment of the city: 285 (m16268) A RRSOLUT[ON concurring In th* City Mancger*s Issuance o! a permit for a certain parnde nod nuthorizing'the display of the City's motorized equipment therein. (~r full text of Resolution, see Resolution Rook Ho. 28, page 42.) Hr. Pollnrd moved the adoption of the Resolution. The motion mas seconded by Hr. Jones and adopted by the foXlowing vote: AYES: Messes. Gn~lund. Jones, Pollnrd. Pond. 5toller, Hheeler'nnd Mayor Dillard .......................... 7. NAYS: None ................. AUDITORIUM-COLISEUM: Council having directed the City Attorney to prepare the proper measure receiving and accepting the report and recommendations of the Civic Center Project Committee and continuing the committee, he presented same; whereupon, Hr. Jones offered the following Resolution: (~16259) A RESOLDTXOH relating to the report Lo the Council of the Civic Center Project Committee made under date of January 27, t965. (For full text of Resolution, see Resolution Book NO. 28, page 43°) Hr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Pollard ond adopted by the following vote: AYES: Messrs. 6arlnnd, Jones, Pollard, Pond, 5toller, ~heeler and Mayor Dillard---~ ..................... 7* HAYS: None ................ O. TAXES-LICENSES: Council having directed the City Attorney to prepare the proper measure thanking the Roanoke Tax Study Committee for its ~ork, he presented same; whereupon, Mr. Jones offered the following,Resolution: (~16270) A RESOLUTION relating to the fourth and fl,al report of the Councilts Roanoke Tax Study Committee. (F~ full text of Resolution. see Resolution Rook No. 20, page 43.) Mr. Jones moved the adoption of the Resolution. The motion was Seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, Pond, St.lief. Nheeler and Mayor Dillard ....................... ?. HAYS: Hone .................O. PLUJ~INO CODE: Council having directed the City Attorney to prepare the proper measure amending Sectfon 120, Chapter 3. Title IV. of The Code of the City of Roanoke, 1955, providing that cast iron joints used in plumbing shall be either caulked or screwed joints, to permit the Ty-Seal Gasket which is used as equal to lead and oakum for Joining cast iron soil pipe and fittings, and Section 150, to require use of corrosion resistant materials such as copper water lines in all nam construction, he presented same; mhereupon, Mr. Pollard moved that the following Ordinance be placed upon its first reading: (~16271) AN ORDINANCE amending and, reordalning Section 120 relating to cast-iron Joints and Section 150 relating to materials and fittings of water 286 dlstrlbutiou pipes, of Chapter 3, Title XV of The Code of the City of Roanoke, 1956, referred in ns ibm Plumbing Code. WHEREAS, the amendment of certuin sections iud provisi~cs of the Cityts Plumbing Code having~been recommended to the Council by n committee appointed by the Council to study and consider said matters; TffER£FOIE. HZ IT OROAI~KD by the Council of the City of Roanoke that Chapter 3, Title IV of The Code of the City of Roanoke, 1956. being the Cityts Plumbing Code, be nnd said Chapter is hereby amended with respect to Sections 120 end 150 thereof to the following extent: 1. That Section 120 of the aforesaid Chapter and Title be, and said section Is hereby amended and reordoined to provide as folioms: Seco 120. Cast-iron Joints. Cast iron shall be either caulked or scremed Joints made ia the approred meaner; provided, homeyer, that the use of T¥-SEAL Gaskets. or equal, as an alternate caulked or screwed Joint shall be permitted under the following conditions, namely: (1) That installation of such gaskets, or their equal, be permitted in building sewers and underground Inside buildings, only; and (2) That all pipe and fittings installed with the aforesaid gaskets shall he designed by the manufacturer faf use with such gaskets. 2. That Section 150 of the aforesaid Chapter and Title, be and said section is hereby amended and reordained to provide as follows: Sec. I50. Materials and fittings of water distribution pipes. In all new construction after the effective date of this ordinance and in the subsequent repair or replacement of any of the same, materials for mater distribution pipe and tubing shall be of red brass, copper, lead, or cement- lined cast-iron pipe, with appropriate approved fittings. In the repair and replacement of mater distribution pipes in approved construction existing at the passage of this ordinance, materials for water distribution pipes and tubing shall be of brass, copper, lead, cast iron, wrought iron or steel, mith appropriate approved fittings; and all threaded ferrous pipe and fittings shall be galvanized. The motion was seconded by Mr. Wheeler and adopted by the following vote: ALES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Rayor Dillard .........................?o NAYS: None ..................O. DEPARTMENT OF PUBLIC WORKS: Council havin9 directed the City Attorney to prepare the proper measure providing for the purchase of fourteen trucks for variou~ municipal departments, he presented same; whereupon, Mr° Stoller offered the following emergency Ordinance: (n16272) AN ORDINANCE providing for the acqaisition o£ fourteen trucks for use in various of the Cityts departments upon certain terms and conditions; providing for the payment therefor; reJectin9 certain other bids made to the City for the supply thereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 44.) 287 Mr. St*lief moved the adoption or the Ordinance. The motion mas seconded by Ir. Nh,clef end adopted by the foil*ming vote: AYES: Messrs. Garlaadt Jones. Pollardt Pond. St*lief. Mheeler and Mayor Dillard ............. NAYS: None ................. O, MOTIONS AND #IBCELLANEOUS BUSINESS: CITY MANAGER: Meo Mheeler offered the folloming Resolution expressing confidence in the City Manager: (u16273) A RESOLUTION of confidence in the City Manager. (For full text of Resolution. see Resolution *oak No. 28. page 46.) Mr. Mb*cleF moved the adoption of the Resolution. The motion mas seconde~ by Mr. Pollard. Mr. Nllliam M. Johnson. President of the Roanoke-Southwest Virginia Central Labor Council. spoke in opposition to the proposed Resolution. Mr. Johnson stating that he hopes he represents the 40,000 working people tn Roanoke end that he believes the situation referred to In the Resolution can be rectified by rehiring Mr. Mallace M. Matt*x. former member Of the Fire Department. Mr. Mallace M. Mattox stated that there have been several scandals in City Government during the administration of the present City Manager in which no one was fired and declared that if one dishonorable violation were proved on him he mould give np and quit in his fight to be rebated as a member of the Fire Uepartmen~ Also speaking in opposition to the proposed Resolution were Mrs. Fleshman, Mrs. L. Longnecker, Mr. Paul U. Mebb and Mrs. William G. Nelson, Jr. Speaking in favor of the proposed Resolution were Mr° John J. Butler, President of the Chamber of Commerce, Mr. T. T. Moore, past President of the Chambel of Commerce, Mr. David Saunders and Mr. S. P. Chockley. Approximately 100 citizens were present in connection with the matter° In a discussion of the matter by members of Council, Mr. Garland stated he has tried to recognize his limitations as a Councilman in this question and can see no reason why the City Manager should not be given a'vote of confidence. Mr. Jones and Mr. Pollard concurred in the remarks made by Mr. Garland. Mr. Pond read the following prepared statement: mas a member of City Council, it seems that I should make a statement with reference to some of the adverse publicity our City has received recently, largely as a result of the Mattox case. I hold no personal malice toward Mattox. Be was dismissed from tho Roanoke City Fire Oepmrtment upon by his superiors, the Fire Chief and the City Manager. His dismissal wes thoroughly investigated by a City Conncil Study Commission that upheld the previous action. Recently, the Virginia Central Labor Conncll lent their support to reinstating Mattox. 288: Also. the Rosuoke City Democratic Committee sponsored his reinstatement. It seems to Be that tke last two actions, both by the Central Labor group old the Roanoke City Democratic Committee. were unfgrtuaate isd me~e far afield. Such actlgn points'its finger at the City Naaager form cf government. Me mint oar City to gram and to be i good place in mhlch tn live. Such publicity es we hive received the last leu days. to say the least, has been harmful to our program or soliciting sew industry for'this area. It seems to me that it is high time to cease oar petty squabbling and to give fell support to der City Manager form of government. S/ C, E. Pond' Mr. Stoller then read the following prepared statement: 'Statement of Hurray A. Stoller on the Confidence Yore in Mr. O,ens This unfortunately is another chapter in the long. unhappy Mattox case. It is not a question of confidence In Arthur Owens. Every member of this Council and the Council itself works harmoniously math Mr. Owens. People ask why our bappye satisfied workers vote to have unions represent them. One of the answers is apparent today. The Chamber of Commerce. the Merchants Association. and. bless us. even the president of the Jaycees is getting Into the act. The labor anions hate chosen to make a labor-management case of the Rattox matter. Rather imprudently, it seems to me. the business community has Joined the issue on this. This is exactly what I feared and sought to avoid by associating in a request that Hr. Mattox be given another chance. In · time when unity is needed in our City -- unity which has been precariously maintained -- the decision has been made to divide the community. The papers have asserted that tstroog pressure* has been put on Hr. Owens by ne. This Is not true. Let Hr. Owens be a witness to this. Does he say that I have put strong pressure on him? Mr. Mattox has made it virtually impossible for himself to be rebated by repeating and amplifying the charges which canned his dismissal. I am for Mr. Owens es City Manager and expect him to carry ant the duties assigned him by the law, and to support him when he properly discharges his duties. X am for Justice. Despite the many reckless actions here- tofore, why in the interest of justice and unity and mercy cannot Mr. Mattox be re-hired on trial with the understanding that if he offends, he has lost his job irretrievably? But this is a decision far Hr. Owens and him alone. In addition, it is time for all of us to realize that this is a community of Americans end Virginians. not of employers and workers, and that we all seek the same goal: a better City in which to live and raise our families and seek to earn the things we want.' Mayor Dillard stated he represents the people not a 'power clique' in City Government. Communications rrm Messrs. R. C. Cosby. Be E. Whit,nick. J. p. Breslau and $. A. Barbour, supporting the City Manager, were brought to the attention of Council. The matter having been discussed at great length. Resolution No. 16273 was adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller and Wheeler ....... 6 NAYS: Mayor Dillard ......... ~ ..................................... 1. 289 Later daring the meeting Mr, Garland pleaded uith Mayor Dlllsrd to change his rote for Resolution No, 16273, bat the #ayor remained uduonnt, PENSIONS-PLANNING: The City Clerk reported the qualification or Messrs, T, T, Hoore as a member or the Advisory Committee on Investment or Funds, Mourd o! Trustees or the Employees* Retirement System, rot a term of three years beglnnln January 1, 1965; Viaceot So Hheeler as · member of the Roanoke Volley. Regional Planning Commission rot n term of. three years beginning January 1, 1965; end Meaty B, Moynton, David Dick, Harold M, Hill and Julian H, Martin as members or the City Planning Commission rot terms or roar years each beginning January 1, 1965, On motion or Mr, ~heeler, seconded by NV, Pollard and unanimously adopted the report mas riled, HEALTH DEPARTMENT: Mayor Dillard advised that the terms of Hessrs, J, Garry Clay and A, Myron Smith as members of the Moard Or Housing and Hygiene expired as of January 31, 1965, and Called for nominations to rill the vacancies, Hr, Stoller placed in nomination the names of J, Garry Clay end A, Myron Smith. There being no further nominations, Hessrs. J. Garry Clay and A. Myron Smlth uerereelected as members or the Board. or Housing and Hygiene for terms of ,mo years each expiring January 31, 1967, by the rolloulug vote: FOR MESSRS. CLAy AND SMXTM: Messrso Garland, Jones, Pollard, Pond, Stoller, ~heeler and Mayor Mlllard ................................. ~ ............ 7o On motion of Mr. Jones, seconded by Mr. Pollard and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: Rayor 290 C08NCIL. REGULAR MEETING, Moediy. FebruarF 15. 1965. ,The Council of the City of Roanoke net in regular meeting In the Council Chamber in the Runlcipul Building, Monday. February 15, 1965, ot 2 p.m., the rag.la: meeting hour, with Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, Janes E. Jones, Roy R. Pollard, Sr.. Clarence E. Fond. Hurray A. Sm,liar. Ylncent $. ~heeler and ~oyor Benton O. Dillard-~ ...............................7. ABSENT: None ........~ ........ Oo OFFICERS PRESENT: Hr. Ar*bur So Omens, City Manager, Mr. James N. £incanon, Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. IH¥OCATION: The meeting mas opened with a prayer by the Reverend J. A. Richs, Fas*OFt Belmont Presbyterian Church. BEARING OF CITIZENS UPON PUBLIC MATTERS: DEPARTMENT OF PUBLIC WORKS: Pursuant to notice of advertisement for bids on equipment for various municipal departments, said proposals to be received by the City Clerk until 1:30 p.m., Monday, February 15, 1965, and to be opened at 2:00 p.m., before Council, Mayor Dillard asked tf anyone bad any questions about the advertisement, a~d no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; mhereopon, the City Clerk opened and read the following bids: ~, Rubber-Tired Front End Loader Richmond Machinery & Equipment Co** Inca - $ Shelton-Mltt Equipment - Capital Equipment Co., Inc. - 5eibel Brothers - Mcllhany Equipment Co., - J. M. Barrens. Incorporated - Carter Machinery Company, Inc. - I~mfss Equipment Corporation - Rash Equipment Company - I Tractor mith Front End Loader and Backhoe Richmond Machinery ~ Equipment Co., Inc. - $ Shelton-Mitt Equipment - Capital Eqoipment Co., lac. - Seibel Brothers - Baker Brothers, Incorporated - Internatfooa! Harvester Company Polls Garage - Cary Hall Machinery Company - I Tractor with Front End Loader Richmond Machinery ~ Equipment Co** Inc. - Shelton-Mitt Equipment - Seibel Brothers - Baker Brothers. Incorporated International Harvester Company Puffs Garage Cory Hall Machinery Company 12,996.00 13.482.00 12,269o20 10,495.00 12,936.00 16,004.65 15,571.55 15,505.1B 14,011.00 7,175.00 8,503.55 8,540.16 5,395.00 5,837.00 (Alternate) 6,788.00 6,135.47 7,093.97 7,437.48 3,891.68 4,623.50 2,795.00 3,892.00 3,505.50 4,216.90 3,906.42 ~ Tractor with Front End Loader and Disk Barrow Richmond Machinery ~ Equipment Co., Inc. - $ 4,264.13 Shelton=[itt Equipment 4,677.66 Seibel Brothers 3 402.00 Baker Brothers. Incorporated 3~888.00 International Harvester Company 3,500.91 Puffs Garage 4,310.22 291 ~ Tractors with Side-¥oaat~d Mow~rv She~toc~Mitt~E~iPmeat - $ 8,664.00 Capital Equipment Co,, loc. ' - 6,237.78 Seibel B~others - 5,188.00 Baker Hrothers. Incorporated - 6,168.00 Intern'atio~al Harvester Company - 5,006.32 i Trailer Hode~ Brush Chipper Municipal Sales Company,' Itc. - $ 2,832.50 Shaffer E.quipment ~ Supp.ly Cowpany - 2,796,?5 ~, Trailer Mounted Air Compressor Richmond Machinery & Equipment CO., Xao. - $ Mcllhaay Equipment Co.. lac. - 5,300.00 5,800.00 Jo M. Burress, Incorporated - 6,660.18 Rfsh Equipment Company - 6,g14.~0 6,634.00 L. S. Smith Incorporated of Virginia - 5 855.00 I Precision Swino Lathe Swith~Courtney Company - $ 5,447o~5 GFaves-Sumphreys, lncorp0Fated - 5,115.00 (Alternate) (Alternate) Hr. SCuller moved that the bids be referred to a committee composed of Messrs. Vincent S. Wheeler. Chairman, Arthur S. Owens, H. Cletos Sroylrs, Bne~ord Be 'Thompson, H. S. Zimmerman, B. P. Jackson, J. D. Sink and Rex T. Mitchell, Jr., 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. Pond and unanimously adopted. TRAFFIC-STATE HIGHWAYS: Council ha~ing continued a public hearing on the prepared Major A~teriol Highway Plan - Roanoke Volley Regional Area Transportation Study until February 15, 1965, and, in the meantime, having directed the City At~orney to prepare the proper measure approving the Major Arterial Highway Plan, with the exception of Tenth Street Extension, Virginia Route 115 and Virginia Route lis Extension, in accordance with recommendations of the Ro~ook~ Valley Regional Planning Commission and the City Planning Commission, the matter was again before th~ body. Mr. John L. Malher, Jro,'Attorney, representing Ho L. Lawson and Son~ Incorporated, sod ~hite Fonndry Company, Inoorporated, appeared before'Council and adrised that his clients have no objection to the approval of the plan if Vtrginio Bonte lis £xteosion is excluded from such approral. Hr. M. Caldwell Butler, Attorney, representing the heirs of T. S. Wright. also advised that his clients have no objection to opproral of the plan if ¥1rgtnia Soute 115 £xtension is excluded from said approval. Nr. Franh W, Rogers, Sr., Attorney, representing Johnson-Carper Furniture Company, Incorporated, advised that his client has no farther objection to the plan if Tenth Street Extension is to he excluded therefrom. £reryone 'having bees given an opportunity to be heard, Hr. Stoller offered the following Resolution approving the RaJor Arterial Highway Plan, with certain exceptions: .292 (m16274) A BESOLHTION opproving the Major Arterial fligkw0! Plan, i porti( of the Comprehensive Regioool Plan recommended bF the Roanoke Volley Regional Planning Commissiono us the said Plea pertains to the City of Roanoke. (For fell textof Resolution, see Resolution Book No. 28. page 49.) Hr. Stoller moved the adoption of the Resolution. The motion wes seconded by Hr. Rheeler and adopted by the folloulng vote: AYES: Nessvso ~erland~ Jones, Pollurd, Fond, Stoller, Bheeler and Hayer Dillard .......................... NAYS: None .................. TRAFFIC: Hr. Tom Stockton Fox, Attorney','representlng Rr, Henry H, Rutroogh, owner of property located on the north side of Nelrose Avenue, Ne N,, east of Peters Creek Road,-appeared before Council and presented a communication° advising that the traffic control at the street intersection in front of the property owned by his client is so arranged that traffic on Yelrose Avenue is denied access to said property mithoat traveling a considerable unnecessary distance and requesting that the condition be corrected. On motion of Rro Stollero seconded by Hr. Pollard and unanimously adopted, the matter was referred to the City Ranager for study and report to Council. INTEGRAYIO~-SCBOOLS: A delegation of ~egroes appeared before Council with the Reverend R. B. Nilkinson, President. Roanoke Chapter, National Association for the Advancement of Colored People. acting as spokesman. Hr. Rilkinson charging that the Roanoke City School Board promised an expenditure of $600t000 £or lmprore- meats to the Booker T. Nashington Junior High School in the last school bond issuer but this promise has not been f~lfilled, that Addison'High ~chool is overcrowded, that it is difficult for some Negro teachers who are qualified to get employed in the Gity of Roanoke, Rt. Nilkioson sta~ing that he wished all teachers could be hired on the basis of their merits and if white teachers are permitted to teaoh without renewal of their certificates Negro teachers be given the same privilege, Mr. Nilkinsan concluding by pointing out that Dr. Lo R. Paxton, Negro member of the School Board, has been ill for quite some time. a~d requesting that a Negro be appointed to serve on the School Board until Dr. Paxton*s health permits him to resume his duties. In a discussion of the matter. Mr. Nll~lnson was informed that Council dues not have the power to appoint a substitute member of the School Board. In reply to a question from Mr. Stoller as to specific instances of discrimination in the hiring of teachers, Mr. ~llkinson stated that he will name names if Council appoints a committee to conduct~an investigation of the records of the school system. After a further discussion of the charges and requests, Council being of the opinion that th~s is entirely a School Board matter, Mr. Pond moved that the charges and requests be referred to the School Board. The motion was seconded by Mr. Garland and unanimously adopted. 293 PETITIONS AND CONM~N~CATIONS: STRRET LIGHTS: A cowm·eicatl~n from the Appalachia· Power Company. transmitting · list or ~treet lights which w~re installed during the mo·th of January. 1965. wes before Council. On motion of Mr. St,liar. seconded by Mr. Pollard and unanimously adopted the communication was filed. STREETS AND*ALLEYS: A petition of Mr. Ben M. Richardson. Attorney. representing American Motor Isms. Incorporated. requesting that Camps Alley between MoD,well Avenue and Orange Ave·ua. N. £.. and that port'on of Rochview Avenue extending from Camps Alley in a southeasterly direction for a distance or 288.05 feet. be vacated, discontinued and Closed. was before Council. On motion of Mr,'Stoller, seconded by Mr. Wheeler and unanimously adopted the request was referred to the City Planning Commission for study, report and recommendation to ~ouucll, Hr. Stolle~ then offered the foil*wing Resolution providing for the appointment of viewers ia connection with the application: (~16275) A RESOLUTION providing for the appoinlment of five freeholders. any three of whom may act, as vfesers in connection with the p~tition of American Rotor lass, Incorporated, to permanently vacate, discontinue and close a certain alley located between Orange Avenue and NcDowell Avenue, N. R** and the westerly end of Rockview Avenue, No E., in the City of Roanoke, Virginia. (~or full text of Resolution, see Resolution Hook No. 28, page SO.) Mr. ~toller mo~ed the adoption'of the Resolution. The motion was sec.nde( by Mr. Pond and ~dopted by the follow'ag vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St. Ilar, Wheeler and Mayor Dillard .......................... 7. NAYS: None .......~ .......... O, TRAFFIC-SCHOOLS: A petition signed by 70 patrons of the Mashing*on Heights Elementary School, requesting that a school c~osslng guard ora police officer be assigned to the school every morning from 8:20 to 8:SO'and every after- noon from 2:30 to'2:SO on school days, was b~fore Conncilo On motion of Mr. Pollard, seconded by Mr. St.lieF and unanimously adopted the request was referred to the City Manager for study and report to Council. HEALTH D~PARTMENT~TRAIL~RS: A c~mmanlc~tion from Mrs. H.'M. Altum, requesting permission to place a house trailer on property at 1720 Eighteenth Sir N. R,, was before Council. The City HanageF pointing out thor Council has instructed h~m not to issue any permits for house trailers until such time as the regulations governing same are amended, on motion'of Mr. St.Ilar, seconded by Mr. Pollard an~ unanimously adopted, the request mils denied~ AIRPORT: A communication from Mr. Jack Co Smith, Executive Vice PresJden of the Roanoke Chamber of Commerce, requesting that Mr. Francis X. Carroll, Chairmal ?_94- of the Airport Committee of the Chamber of Commerce, he appointed as in additional member nf the Airport Committee of Council, is the belief that it mill lead to better liaison between the tub groups, mas before tke body, Nr, Stoller moved that Hr. Froncis X, Corroll be appointed as an edditionol member of the Airport Committee, The motion wes seconded by Hr. Pollard and unonlmously adopted. LIBRARIES: A communication fro~m Hr, B, $, Leonard, tendering his resignation as a member of the Roanoke ~oblic Library Board since he is now · resident of Roanoke County, mas before Council, Mr. Stoller moved that the resignation be accepted with regret and that the City Attorney be directed to prepare the proper measure expressing the appreciation of Council for the services rendered by Hr. Leonard os a member ~f the Library Roard. The motion mas seconded by Mr. Wheeler and unanimously adopted, PENSIONS: A communication from Mr. ~illlam F. Griggs, Secretory of the Employees* Retirement System of the City of Roanoke, Virginia, transmitting the Seventeenth Annual Report of the Investment Portfolio of the Employees* Retirement System ns of December 31. 1964. as prepared by the Advisory Committee on the Hr. St*Ilar moved that the report be received and filed. The motion was and Snbseriptlons under Section mi, WCouncil,m of the 1965 budget, to cover a ~embership of a member of Council in the Roanoke Valley Urban Policy ConfeFenceo Yanager and offered the following emergency Ordinance: {~16276) AN ORDINANCE to amend and reordain Section mi, "Council," and Section mi6?, WContlngencies," of the 1965 Appropriation Ordinance. and providing NAYS: None ..................O, Rayor Dillard ............................6, (Mr. St*lief not voting} GUDGET-PAY PLAN: The City Manager submitted the following report, recommending that be be authorized to fill certsin vscnacJes in vsrious municipal departments since they ore of mn emergency mature: "Monuoke, YlrginJa ~ebrnnry IS. 1965 To the City Council Roanoke, Virginia Gentlemen: The following personnel nra needed for the efficient operation of the City Government: Health Department - Public Denlth Nurse, Group 12 Public Velfure - Caseworker. Group lO Refuse Collection and Disposal - I Disposal Laborer Group 10, Step 1 I Dump Truchev n2 Group ?, Step 1 Engineering - I Chainman Group IT, Step 1 I Draftsman, Group 10 Market - Sealer of #eights and Measures, Group 10, Step 3 RespeCtfully submitted, 5/ Arthur 5, Owens a City Manager' Mr. Stoller moved that Council concur in the recommendations of the City Manager and that the matter be referred to the City Attarney for preparation of the proper measure. The motion was seconded by Mr. Pond and unanimously adopted. PARKS AND ~LAYGROBNDS-RADXOS: The City Manager submitted a written report, advising that the Alcohol and Tobacco Tax Division of the Cnited.$tates Treasury Department has installed two-way radio equipment in the City Radio Building on Mill Ko~ntain and a tentative,agreement for rental of the space at $27 per month, effective February 1, 19650 has been worked out, the City Manager recommending that he be authorized to enter into an agreement with the Treasury Department compatible with Ordinances of the city and deed restrictions on tho proper~y. 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. Nheeler and unanimously adopted. INT£GRATXON: The City Manager submitted the following report with regard to complying with the 1964 Civil Rights Act in order to receive federal funds: ~Roauoke, ¥irginia February 15, 1965 TO the City Council Roanoke, Virgin.ia Gentlemen: I am in receipt of a letter from Mr. Nllliam L. [hitesides, Library Director, and ! quote: 296 *I un attaching ama letters mhich require the signing or tke assurance of compliance mith the 1964 Civil Bigbin Act. Both the State Board or Education and the State Library Board bare approved the signing or suck assurance in order to contloue receiving the federal aid.° It would appear to me that Council might consider a broad resolution autkorizing the City #manger on behalf of the City of Roanoke to certify to the several state and federal agencies the City*s concurrence and expectation to cemply with the existing acts concerning civil rights, Respectfully submitted, S/ Arthur $. Omens City Manageru Mr. Stoller moved that Council concur in the recommendation or the City Manager and that the matter he referred to the City Attorney for preparation or the proper measure. The motion was.seconded by Mr. Pood and unanimously adopted. POLIC£ D£PARYM£NT-JU¥£NIL£ AND ~OR~SZIC RELATIONS COURT: Council baying requested the City Manager to explore the possibilities of establishing a Youth Bureau in the City of Roanoke and to report back to the body as to the proper procedure to be followed in establishing same, the City Manager submitted the folloming interim report, recommending that tmo police officers be sent to a training institute: 'Roanoke, Virginia February 15, 1965 ?o the City Council Roanoke, Virginia Gentlemen: ! am in receipt of a letter from Mr. John R. Ellingston, Professor Criminal Lam Administration and Director Juvenile Officers* Institute of the University of Minnesota, advising me of the possibility of the City of Roanoke securing two scholarships at the University of Minnesota, Minneapolis, Minnesota. If you approve of my sending two officers to this training institute from June 14 through August 20, a period of 10 weeks, we mould be in the position to initiate our Youth Bureau, subject to your approval. One to 'the clan element, I am not'in the position to present the whole plan to you but without this segment being approved, I do not believe we could present to you as well an organized plan as I would like to have accomplished. Therefore, I urge your concurrence in my proposal. Respectfully submitted, $! Arthur $. Owens City Baaager* Br. Stellar moved that Council concur in the recommendation of the City Attorney and that the matter be referred to the City Attorney for preparation of the proper measure authorizing Captain Murray O. Gochran and Patrolman James L. Viar to attend the trainin9 institute without being removed from the payroll or forfeiting fringe benefits. The motion was seconded by Rt. Jones and unanimously adopted. : DEPARTMENT OF PUBLIG #ELFARE: The City Manager submitted a written repot advising that the economy Of the community reveals little need for the continuation 297 of the program o! comnodiW distribution of surplus foods, nod recommended that she program betermlnoted an of March l, 1965, with the uuderstosdlng that Ju tbs event the aced occurs the program cat be Initiated again at some future date. la this connection, Miss BerniCe F. Jones, Director of Public Welfare. explained that the small percentage of persons math,ut adequate fuBds to purchase food mill be handled by the Department of Public Melfare through Its emergency relief fund end that a, one mill go hungry. Mr, Lo F. Danklus, employee'in charge of the Commodity Distribution Center, expressed the opinion that it is a good program and is still needed. After u further discussion of the mutter, some of the members of Council expressing tbs fear that there are those ah, might go hungry if the program is discontinued and pointing out that the surplus food is received from the Federal Government free of charge mhile the emergency relief fund consists entirely of mooey appropriated by Council, Mr. St,lieF moved that the body concur in the recommendation of the City Manager and that the City Attorney be directed to prepar, the proper measure terminating tbs commodity distribution program. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Pollard, Pond. St,lieF and Wheeler ...................... 4. NAYS: Messrs. Garland. Jones and Mayor Dillard ......................... Math further reference to the matter, Mr. Hankins complained that an employee has not been paid $38 for work performed at the Commodity Distribution Center. Mr. St,liar moved that the matter be referred to the City Manager for study, report and recommendation to Council, The motion mas seconded by Mr. Pollard and unanimously adopted, PARKS A~D plAYGROUNDS: The City Manager submitted a mFitten report, transmitting the following communication from the Director of Parks and Recreation in connection with a suggestion of Dr. C. M. C,mall that the city freeze over its paved tennis courts in the winter time when the weather is cold enough in order to permit ice skating: "February 9o 1965 Mr, Arthur S. Owens City Manager Roanoke, Virginia The Department of Parks and Recreation has Just completed its investigation regarding the possibility of fl,,ding tennis courts mlth the idea in mind of making them available for ice skating. City Council, upon request from this department, permitted it to build two miniature rinks on the hard surface track in Victory Stadium for a test to see If the idea mas sound and mhether damage . The test proved the following facts: (1) Three days of temperature in the low 20* or below will - ~freeze three inches of ice to make skating available. (2) Freezing of the ice does not damage the asphalt surface. 298 (3) Ice skating of. this type eliminates ull danger from dromlilg* This eleaeat'of danger is ~iwnys present mben poids are used fo? ice skating, (4) Soue of *ir present tennis courts ~re sound enough to align ice skating and making them so will prove very costly, Nonny hms already been ill*tied in the 1965 Budget to build two new teunis courts this spring, A battery of three units will be blllt nt Shrine Hill Park lad 8 battery of two unite Ju Golden Perk, In view of the above I m~nld like to offer rot City Council*s consideration the following suggestion, (1) That the butteuo! three units ut Shrine Hill Park and the two units it Golden Pork be built by I contractor on the following specifications, (a) Shrine Bill Pork - 120 feet by 150 feet, Golden Fsrk 120 feet by 10O feet. (b) The courts to be built with a two inch grade in the middle gradually sloping to u slx inch grade nt the end, (c) A six inch concrete mall to be built completely around the outside of the battery of courts mith outlets at the base, These outlets, to drain water during the summer tennis play, would be corhed during thetime of freezing for Ice skating, (d) Install portable iron poles to hold tennis nets during the spring, summer end foil tennis season, (e) The chain link tence surrounding the battery of units mould be placed when the outside six iuch concrete wall is constructed, (f) During the time for ice shating (mid-December to Batch) sand mnnid be placed on the courts at the concrete wall and spread tomaFds the middle until there would be an overall level o! two inches. (g) The courts could then be flooded with water and weather permitting ice skating mould be available. (h) The engineering department could remove the sand in the ' spring when the weather ia available for tennis. It should be brought to City Cauncil*s attention that the length of tine skating would be available to the public cannot be predicted as the freezing of the lee depends upon the weather. There is no doubt that should the tm* tennis courts be built to Include ice skating, this activity'will he well received as a great amount of interest has been nh*mn by the public since the idea was presented to City Conncll. The enclosed dramings and estimate of cost mer~ secured by the Engineering Department who helped to compile this report. Estimated Price for Construction of Tennis Courts to include Ice Skating: (1) Shrine Hill - Battery of 3 units ............. ~ .... $6,006.29 Chain Link Fence - 120 x 150 ft ~ 10 ft. High **,.. 5?2,00 Line Post - 56 - 2 1/2 in, O.D. by 11 3/4 ft. ***** 400~40 Total Cost $6,976.69 (2) Golden Park - Battery of 2 units .o ......... ,,,o*** $4,092.90 Chain Link Fence 120 x 108 ft. - 10 ft. High ....,. 476.00 Line Post - 48 - 2 1/2 in, O.D. by 11 3/4 ft. .,.., 343.20 $4,g12.10 Price of fence and post Includes freigbt~ Boney allottted by City Councll for Tennis Courts 1965: (1) Shrine Hill - Battery of 3 units ,, .... ,,.~.,., $4,500.00 (2) Golden Park - Battery of 2 units ,,.,,,,,..,... 3.000.00 Total Allotment $7,500.00 299 (3) Cost of Shrine Bill - Golden Park.to include lce skating $11,890,~ Allotted by City Council 1965 Additional Appropriation Heeded Yours truly, S! Rex T, Mitchell, Jr, Rex Y. Mitchell, Jr. Directoru In thio connection, Mr. Rex T. Mitchell, Jr., Director or Porks and Recreation. appeared before Cooncll for n discussion of his proposal, Dr. C. M. Cornell appeared before Council iud advised that he concurs in the recommendation of the Director of Parks and Recreation. In a discussion of the matter, Mr. St*lief indicated that he mould support building the tennis court in Golden Path to include ice skating, but that he is opposed to constructing tennis courts in both Shrine Bill Park and Golden Path to include ice sharing, After a further discussion of the matters members of Council pointing out that if and when a coliseum is built it will include an ice skating rink end Council being of the opinion that the tennis courts in Shrine Bill Park and Golden Park should be built with available funds without including facilities for Ice skating, Mr. St*lief moved that the question of constructing additional tennis courts which could also be used for ice sharing be referred to the Budget Commissio~ for consideration in connection mitb its study of the budget for the lg65-66 fiscal year. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Zhe Assistant City Attorney submitted the following report with regard to, the vpte required to adopt Ordinance ~o. 16246, providing for the fez*ming of property located on the northwesterly side of Colonial Avenue, S. near Broadway, described as part of Lo~ 1-4, inclusive, Block 3, #In.aa Addition, Official Tax Bos~ 1260311 and 1260312, from General Residence District to Business District: *February 11, To the Council of the City of Roanoke Gentlemen: At the meeting of the Council held February 8th and after the Council*s passage of Ordinance No. 16246, on second reading. by a ~ote of 4 to 3, (the ordinance having been passed on its first reading by a vote of 5 to 2), the matter was referred to this office to advise the Council whether or nut the vote on the ordinance upon its second reading was sufficient for final adoption of said ordinance. The purpose of the ordinance was to change the zoning classification of certain property described therein and mas enacted in accordance with the procedure set out in Sec. 43, Chapter 4, Title IV of The Code of the city of Roanoke, 1956t relating to zoning. Ail changes la the zoning classlffcntfsn of properties in the City affected by the Cityts zoning regulations must be ordained by the Council in accordance with the procedure and *abject to the ]JmltatJon~ set out and contained in Sec. 43, above mentioned, the limitation involved in the instant case being contained in the third and last paragraph of said section, which is in the following words: ~300 tin case, hone,er0 of n protest against Such change, signed by the owners or tment! per cent or more, either at tbs area or the.lots included is each proposed change, or of those immediately adjacent In tbs rear there,r, or or those dire,fly opposite thereto, suck amendment skull aaa become effective except by the favorable vote of rive- sevenths of ali the members of the council.' it will be seen, then, that It is Important In the case of any protested change, to rix the location of those owners or property who, prior to rimml passage of cay res,slag ordinance, file with the Council a written protest against such change. This, in order to determine whether or eot any of those opposed to the change are the owners or property either in the area of the lots included in the change, or o! the lots Immediately adjacent in the rear of those to be changed, or of the lots diredtiy opposite those proposed to be changed, Ne kava obtained from.the Engineering office Official maps which. Jn composite form. have been arranged to show the four lots whose zoning classification was changed from General Resi- dence District to Business District by Ordinance Wa. 16246, above mentioned, which said lots have been colored .in green crayon In oar ,trice. we have obtained iron the City Clerk the signed protests of some sixty-three persons, some of whom represent husband and wife combinations, who are owners or occupants of properties In the general area of the four lots reclassified by the ordinance, each of whose properties has also been located on said composite map and, by our office, been colored in red crayon, The street address of each person whose name is signed to the written protest on file Jn the City Clerk's office has, to the satisfaction of the undersigned, been established and is as indicated on said composite map. Mr. and Mrs, Jo K, #hitehead appear to be the owners of the four lots changed to Business District by the ordinance in question and are, also, the owners of Lot 5, adjoining on the northeast. As owners, they petitioned the Council for the change of clannish= cation and their lots, only, are involved in such change~ consequently, there was no protest before the Con.chi on behalf of any owner of a lot included in the change effected by the ordinance in question. The public records indicate that one Jerry Cralghead is the owner of all of the lots immediately adjacent in the Fearn to the northwest, of the four lots affected by said ordinance. · Mr. CraJghead*s signature does not appear on any of the petitions in protest on file in the office of the City Clerk and, as can be seen from the colored map, above mentioned, the owner or owners of land abutting the Craighead property to the northwest, likewise, hare not, In writing filed with the, Council, opposed the change ordered by said ordinance. Accordingly, It seems clear that no owner of property immediately adjacent in the rear of the four lots reclassified to Business District by the above-mentioned ordinance has registered opposition to such reclassification in the manner required by the Zoning Ordinance. The term tdirectly opposite* as it appears in Sec. 43, supra, was construed by His Honor, Judge Fellers. in a relatively recent case brought in the Court of Law and Chancery for the'City of Roanoke. That case was similar to the instant situation in that It called for a construction of the limitation contained in Sec. 43 of the Zoning Ordinance, above mentioned, la the case, owners of property located in a subdivision separated by a public street and some 220 feet of land abutting the street opposed the change in zoning classification and contended themselves to be owners of lots *directly opposite* the land included within the zoning change, in the written opinion handed down by the Court in said case, it was said: · tn ~ t the Court does not feel that it ~onld reasonably and legally adjudicate that the petitioners, who are the owners of land In Drentwond Addition to theClty at least 220 feet across the reserved strip'of land lying between them and the land in question, are in such reasonably close proximity that they may be said to be owners *directly opposite* the land sought to be fez.ned.* In the instant case end as alii be noted from the colored alp, above weutloned, ag owner whose property, under nny reason- able construction or the liwitntion, 1les opposite the four Jots affected by Ordinance No, 16246 has opposed In writing the change effected ,by that ~rdiaa~ce. The composite map which has been prepared rot use is this instance is attached herewith for Councilts consideration. In view of the above, I am ~f opinion that the validity of Ordinance No, 16246 is unaffected by the fact that it ,was adopted by a vote of 4 to 3 on its second reading; and that the ordinance, ns adopted, will be in fen force end effect thirty days from its finnl passage. Respectfully, S/ J. N. Kincneon Assistant City, Attorney' On motion of Br. Pollard, seconded by Mr. Stoller and unanimously ~dopted the report was filed. After · discussion cs to whether or not the City Charter and the City Code should be amended to include the protest of those property owners on either side of property p~opos~d to be rezoned, Mr. Jones moved that the, question of amending Section 62(5) of the City Charte~ and Section 43, Cha~ter 4, Title X¥, of The Code of the City of*Roanoke, 1956, relating to Zoning, to conform with the proposed new Zoning Ordinance. be referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded by Mr. 5toiler and nnanl- mously adopted. REPORTS OF COMMITTEES: LIDRARI£S~ Council having concurred in the recommendations of the Raleigh Court Branch LiSrary Committee that the committee be continued and that an architect be employed, the committee submitted a written report, recommending that the firm of Randolph Fraatzand Associates be employed as architect for the branch library and reiterating recommendations made in its previous report. Mr. Garland, Chairman of the committee, then offered the follouing emergency Ordinance carrying out four of the seven recommendations of the committee: (s16277) AN ORDINANCE relating to the construction of a new Raleigh Court Branch Library; and p~oyiding for ~n emergency. (For full text of Ordinance, see Ordinance Dooh No. 28, page 52.) Mr. Garland moved the ~doption of the Ordinance. The motion was seconded by Nr. Jo~es and a~opt~d by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, Stoller, Wheeler and Mayor Dillard ....................... ~-7. NAYS: None ...... ~ ..... £~--0. With further reference to the matter, Mr. Garland offered the following emergency Ordinance transferring $5,100 Iro'm Section nlGT, 'Contingencies,~ to Raleigh Court Branch Library under Section ~170, #Capital.' of the 1965 budget. ~to cover the fee of the architect for t~e Raleigh 'Court Branch LiSrary: (g1627B) A~ ORDINANCE to amend and reordai~ Section giG?, 'Contingencies, and Section ~lTO. 'Capital,~ of the 1965 Appropriation Ordinance. and providing for (For full text of Ordinance, se~ Ordinance Book No. 28, page 53.) 301 302 Mr, Garland moved the adoption or the Ordinance. The motion ubs seconded by Mr, Jones end adopted bi the following Tote: AYES: Yeasts, Garland, Jones, Pollard, Fond, St,liar, Nheeler and Mayor Dillard ....................... ?, NAYS: None .................O. SIDENALE, CURB AND COTTER: The committee appointed to study the one bid received for the construction ef sidewalk, curb and gutter at various locations In the city submitted the f,Il,ming report: 'February 10, 1965 To the CitI Council Roaeoke. Virginia Gentlemen: On Mondal, February 8, 1965, bids were received on the construction throughout the City. As shomm om the attached tabulation sheet one bid was received, that being from H ~ S Construction Company in the amoant of On Wednesday. February Ia, 1965, the Council Committee, consisting of Councilmen Pond, Wheeler and Stall*r. met to review the bid. It Mas consensus of the Committee that the bidder be requested to consent to a reduction in the nnmber of nnits of mark, with no change in unit prices, so as to keep the total contract within the budgeted m~ouot of ~$0,000.00o Hr. Jo L. ~ortman, Jr. bas con- sented to this change. It is therefore recommended that the contract be anarded to H ~ S Construction Company for the construction of curb and gutter and sidewalk at various locations during the leaf 1965. 5 Clar nc* E Pond Clarence Eo Pond, Chairman S Vincent S Vincent S. Nheeler S Hnrra A Stoller Hurray A. Stoller# Hr. Pond moved that Council concur in the recommendation of the committee and offered the fo]lowing emergenc~ Ordinance accepting the proposal of H ~ 5 Construction Company: (#16279) AN ORDINANCE accepting the proposal of H ~ $ Construction locations in the City (IGC5); authorizing the proper City officials to execute the requisite contract; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 28, page 54.) Hr. Pond moved the adoption of the Ordinance. The motion was seconded by Hr. Stoller and adopted by the following vote: AYES: Hessrs. Garland, Jones, Pollard, Pond, Stall*r, Wheeler and Mayor Dillard ....................... ?o NAYS: None ................ Oo Hr° Pond then offered the following emergenc~ Ordinance transferring $20 from Section ~167, "Contingencies,~ to Curb, Gutter and Sidewalk under Section nl?O "Capital°# of the 19~5 budget, to cover the advertising costs: 303 (z16280) AN ORDINANCE to amend and r~ordain Se*riot si6?, "Cbntlngencies, and Section al?O, mCapital,W of the 1965 AppropriatiOn OrdinanCe, and providing for an emergency. (For fall text or Ordinance, see Ordinance Book No. 29, page 55.) Mr. Fond moved the adoption of the Ordinance.' The motion mas seconded by Mr. St*lieF and adopted by the foil*ming vote: 'AYES: Measrs. Garland. Jones, Pollard, Pond, S~oller, Yheeler and Mayor Dillard ....................... NAYS: None ................. O. SEWERS AND STORM DRAINS: The committee appointed to tabulate bids received on drilling drainage wells at various locations in the Wllliamsoc Rood submitted the following report: *February 11, 1965 To the City Council Roanoke, Virginia Gentlemen: Bids were received for drilling of drainage wells at various locations in the Milliamson Road Area, and opened before City Council at its regular meeting on February 8, 1965. As can be seen from the tabulation three bids were received. The low bid was submitted by Frank W. WartJn Drilling Company in the *mount of $31,220.00. In the 1965 Budget there Is $30,000 included for drainage wells. It was the consensus of your Committee that the bidder be requested to consent to a reduction in the number of units of work, with no change in unit prices, so as to keep the total contract within the Budget amount of $30,000000. The Frank ~. Martin Drilling Company has consented to this change. It is therefore recommended that the contract be awarded to Frank Hartin Drilling Company for the drilling of the drainage wells and that the amount of $23.00 be appropriated to cover the advertising costs~ S/ James Et Jones James E. Jones, Chairman S/ Arthur St Owens Arthur S. Owens, City Manager S/ B, Cletus Broyl~s H, Cletus Broyle s, Director of l~blic Mr. Jones moved thot Council concur in the recommendations of the commJtte* and offered the following emergency Ordinance accepting the proposal of'Frank Martin Drilling Company: (a162Dl) AN ORDINANCE accepting the proposal of Frank #. Martin Drilling Company for drilling drainage wells at various locations in the Williamson Road area; authorizin~ 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. 2H, page 55.) Mr. Jones;moved the adoption of the Ordinance. The motion was seconded by Mr. St*lief and adopted'by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*lief, Wheeler and Mayor Dillard ...... NAYS: None ................. O. 304 NFo Jones then offered the follomiag esergeucy Ordinance transferring $23 from Section ~167, "Contingencies,* to Drainage Mell, s, ~illiumson Ruud umder Section SI?O, 'Cupitul," of the 1965 budgett to cover the advertising (s16202) AN ORDINANCE to an*ad and reorduin Section SlO?, "Contingencies, and Section gl?O, mCnpitult°.Of the 1965 Appropriation Ordinance, and providing for an emergency. (For.full text,of Ordinu,nce, see Ordinance Book NO. 20, page 56.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Ressrs. Garland, Jones, Pollard, Pood, Stall*r, Nheeler and Mayor Dillard ......................... 7. NAYS: None .................. O, FIRE DEPARTMENT: Yhe committee appointed to tabulate bids received for one new 750 G.P.M. Fire Puoplng Engine submitted the following report: "February 11, 1965 To the City Council Roanoke, Virginia Gentlemen: Attached hereto is a tabulation of bids for one new TSO GPM Fire Pumping Engine complete, which bids were publicly opened and read before City Council on February 8, 1965, The low bid mas submitted by Oran Roanoke Corporation on a GPM Yripple Combination Pumper with a Mat.runs GR-YSO tmo-stage centrifugal pump mounted on a Ford G-OS0 chassis for the net sun of $19,:~88.57, f.o,b. Roanoke, ~irginia. It is recommended that the bid of Oren Roanoke Corporation be accepted. The sum of $21,000.00 was appropriated in the 1965 budget far'this equipment. Respectfully submitted, Committee: S/ Murray A, Stoller Murray A. Stall*r, Chairman S/ Clarence E, Pond Clarence E. Pond 5/ Sidney M, Vauqhan Sidney M. Vaughan" Mr. Stoller moved that Council concur in the recommendation of the commitl and offered the following emergency Ordinance accepting the proposal of the Oreo Roanoke Corporation: (n16293) AN ORDINANCE authorizing end directing the purchase of one new 750 gallon per minute fire pumping engine, complete with pump and mounted on truck chassis, on certain terms and conditions; rejecting other bids made to the City for the supply of same; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 57.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stall*r, Wheeler and Mayor Dillard .......................... NAYS: None .................. O. 305 UNFINISHED BUSINESS: NONE. CON$1DF~ATION OF CLAIM$~ NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PLUHBINO CODE: Ordinance No. 16271, amending and raordoialag Section 120 relating to cast-iron Joints and Section 150 relating to materials and fittings water distributiom pipes, Chapter 3, Title Er, of Tbe 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. Stoller offering the following for its second reading and final adoption: (~16271) AN ORHINAHCE amending and reordaining Section 120 relating to cast-iron Joints and Section 150 relating to materials and fittings of water distribution pipes, of Chapter 3. Title XV of The Code of the City of Roanoke. 1956, referred to as the Plumbing Code. (For full text of Ordinance. see Ordinance Book No. 28. page 45.) Mr. Stoller moved the adoption of.the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. Stoller. Mheeler and Mayor Dillard .......................... 7. NAYS: None ..................O. BUDGET-SCHOOLS: Council having directed the City Attorney to prepare the proper measure amending and r,ordaining Ordinance No, 16251 to provide for a total appropriation of $90.000 from the School Bond Fund to Improvements to Fairview Elementary School under Section ~170. *Capital.' of the 1965 budget, to cover the cost of a foot-room addition to the Fairview Elementary School. he presented same; whereupon. Mr. Mheeler offered the following emergency Ordinance: (~16284) AN ORDINANCE to amend and reordain Ordinance No. 16251 adopted on the 1st day of February. 1965. relating to ~170. 'Capital". of the 1965 Appro- priation Ordinance;,and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 28, page 58.) 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, Pond Stoller, Nheeler and Mayor Dillard ....................... ?. NAYS: None ................. BUDGET: Council having directed.the City Attorney to prepare the proper measure approving the appointment of Messrs. Byron A. Hicks. Richard E. Martin. Hamilton H. Redman and W. T. Matktns as the freehold citizen members Of the Budget Commission. he presented same; whereupon. Mr. 5toiler offered the following Resolution: (=16285) A RESOLUTION relating to the appointment of members of the City's Budget Commission. (For full'text of Hesolotion. see Resolution Hook No. 28. page 59.) 306 Mr. Stoller moved the adoption of th~ Resol~tioa. The motion mss seconded by Hr. Pond eld adopted by the following vote: AYES: Messrs. Garland, Jones,,Pollard, Pond, Stall.r, #heeler and Hayor Dillnrd ..................... NAYS: None ................. O. BUDGET-PAY PLAN: Council hpying directed t~e City Attorney to prepare the proper measure nu~horizing the City Manager to fill certain vacnncles in various municipal departments since they ere of an emergency nature, he presented same; whereupon, Mr. Stoller offered the following Resolution: (a16206) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution. see Resolution Hook No. ~0, page 59.) Hr. Broiler moved the adoption of the Resolution. The motion was seconded by Mr. Nbeeler and,adopted by the following v?te: AYES: Messrs. Garland. Jones, Pollard, Pond, Broiler, Mheelqr and Mayor Dillard ......................... NAYS: None .......T ..... T .... STREET LIGHTS: Council having directed the City Attorney to prepare the proper measure authorizin9 the installation of a street light in the alley between Church Avenue Extension and an alley between Sixth Street and Seventh Street, $. he presented same; whereupon, Mr. Nheeler offered the following Resolution: (~16287) A RESOLUTION authorizing and directing the,installation of a street light in,the alley between Church Avenue Extension and aa alley between 6th Street and ?th Street, S. W, (For ful~ text of Resolution, see Resolution Book No. RS, page ~0.) Mr. M~eeler moved the adoption of the Resolution, The motion was seconded by Mr. Stoller and ad~pted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ......................... 7. NAYS: None ....= ............ O. DEPARTMENT OF PUBLIC MOnKS-GARBAGE REMOVAL: Council having directed the City Attorney to prepare the proper measure rejecting bids received on five refuse bodies, minimum capacity 23 cubic yardst and two refuse bodies, minimum .capacity 1H cubic yards, and authortziog the City Manager to r.advertise for ~ids on said refuse bodies, on revised specifications, he presented same; whereupon. Mr. Broiler offered the folloming R~solution: (~16~89) A RESOLUTION rejecting certain bi~s received and opened January 25. 1965. for the supply to the City of. certain refuse truck bodies for use by the City*s Sanitation Department; and directing r,advertisement for bids for supply Of said refuse truck bodies, on revised specifications. (For full text of Resolution. see Resolution Book No. 28. page 60°) 307 Hr. Stoller moved the adoption of the Resolution, The motion uus seconded by Hr, Hheeler end adopted by the folloming vote: AYES: Hessrs, Garland, Jones, Pollard, Fond, Stoller, Wheeler and Mayor Dillard .........................?. NAYS: None ................. Oo DEPARTHENT OF PUBLIC HORK$-HATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure accepting the proposal of McIlhuny Equipment Company, Incorporated, for furnishing a telescopic crane for the Mater Department, for the sum of $6,175 and authorizing the purchase of a 3-ton truck cab and chassis mith fifth mheel on which to mount the crane from the International Harvester Company, for the sam of $4,765.22, he presented same; mheFeupon, Mr, Stoller offered the following emergency Ordinance: (m16209) AN ORDINANCE providing for the purchase of a telescopic crane at a price of $6,175.00 and a 3-ton truck cab and chassis with Sth wheel on mhich to mount said crane for a price of $4t765.22. for use of the City*s Mater Depart- ment; rejecting certain bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No, 20, page 61.) HFo StolleF moved the adoption of the Ordinance. The motion was seconded by Hr, Wheeler and adopted by the following vote: AYES: Messrs, Garland, Jones. Pollard, Pond Stoller, Wheeler and Mayor Dillard ................~ ........ NAYS: None ..............~---0. CITY PROPERTY-CITY HOHE: Council having directed the City Attorney to prepare the proper measure authorizing Roanoke Council for Retarded Children, Incorporated, to replace the present heating system in the city-owned building at 3075 Colonial Avenue, S. W,, upon certain terms and conditions, he presented same. Mr. Stoller moved that Section 3 of the draft of Ordinance be amended to delete the provision that in the event that said lessee discontinues its present use of said building prior to or at the end of said ten-year period, said lessee shall have the right to remove such portion of said new heating system as will not do structural damage to said building. The motion was seconded by Hr. Jones and adopted, Mayor Dillard voting no. Hr. Stoller then offered the following emergency Ordinance: (~162g0) AN ORDINANCE authorizing Roanoke Council for Retarded Children, lac., to replucethe present heating system in the City-owned building at 3075 Colonial Avenue, S. W., upon certain terms and conditions; and providing for an emergency, (For full text of Ordinance, see Ordinance Hook No. 28. page 63.) Hr. Stoller moved the adoption of the Ordinance. The motion'was seconded by Hr. Wheeler and adopted by the following vote: AYES: Nessrs, Garland, Jones, Pollard,' Pond, Stoller, Wheeler and Mayor Dillard ......................... NAYS: None ..................O. 308 PORGHASE DF F~OFERI~.~PARRS AND FLAYGROOHDS~ Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to negotiate with Messrs. Herman end S. Albert Trcnpeter for the purchase of approxi- mately 4 1/2 acres of land required ia the extension of Riley Drive along Raja,Re River in an amount not to exceed S?,O00, be.p~eseo~ed a~me, On motion o~.Rr. St*lieF, seconded by Mt, Jones end unanimously adopted, action on the Ordinance was deferred until the next vernier meeting afC*until, MOTIONS AND MISCELLANEOUS BUSINESS: STREET LIGHTS-SEMERS AND STORM DRAINS: Mr. G. Mo Coleman, 2304 Kermit Avenue, N. Eo, appea~ed before Connoil end veqaested that a street light be lnstall~ in front of his home rather than at the corner of Kermit Avenue and Clyde Street. N. E.. as provided for in Resolution No. 16215. that a sro.rs drain In the vlclnlty of his p~operty be cleaned out. and that unsanitary conditions at the sewer pumping On motion cf Mr. Stoller,. seconded by Mr. Pollard and unanimously adopted. to Council. Lewis D. Evans. transmitting a petition signed by twenty-four property owners. requesting that an alley between Livingston Road and Wood~a~n Avenue. ~. extending from Gean Street to Guilford Avenue; also. a~ alley extending from Livingston Road to abe above alley, be vacated, discontinued and closed, so that abutting property owners can use the land to better advantage in landscaping and general housekeeping practices. On motfon 0£ Mr. Jones. seconded by Mr. Pollard and unanimously adopted. the request was referr~ to the City Planning Commissio.n. for study, report and PERSONNEL DEPARTRENT: Mayor Dillard puinted out that Section 4 of Ordinance No. 16103, adopted on November 2. 1964, providing for the creatlon of a Department of Personnel for the City of Roanoke, also provides for the appointment a Personnel Board consisting of five qualified voters, one of ~hich shall be a member of the classified service, and called for nominations for members of the Mr. Garland placed In nomination the name of Ralph K. Bowles. Mr. Jones placed in nomination the name of Jimmie D. Layman. Mr. Pollard placed in nomination the name of James M. Roe, Jr. Hr. Stoller placed in nomination the nsme Of T. W. DeLong, Jr. Mr. Rheeler placed in nomination the name of Rllliam A. Martin. Mr. Jones moved that the nominations be closed. The motion was seconded by Mr. Mheeler and unanimously ado~ted. for terms of two years each beginning March 1, 1965, by the following vote: 309 FOB MI~SSRS. BOWLES. LAYMAN, ROE, DELOSG A~D MARTIN: Messrs. Garland, Jones, Po,llard, Pond, ~toller, iheeler and Mayor Dillard ........................ ?, COG~GIL: Mayor Dillard pointed out that Monday, February 220 1965, is a legal holiday; whereupon, Mr. Pollard moved that the next regular meeting or Council be held at 2 p.m** Tuesday, Febr.uary 23, .1965. The motion was seconded by Mr. Pond and adopted, Mr. StolleF voting no. On motion or Mr. Mheeler, seconded by Mr. Jones and unanimously adopted, the meeting vas adjourned. APPROVED ATTEST: ty Clerk Mayor 310 COONCIL, REGULAR MEETING, Tuesday. February 23, 1965. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Tuesday. February 23t 1965, at 2 p.m., the regular meeting hour, mith Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, James E. Jones, Roy B. Pollard, Sr., Clarence E. Pond, Murray A. St*Il*re Vincent S. Mheeler and Mayor Benton O. Dillard ................................ ABSENT: BoDe .................. OFFICERS PRESENT: Mr. Arthur S, Owens, City manager, Mr, James N, Klucanon, Assiatant City Att*racy, and Mr. J. Robert Thomas, City Auditor, INVOCATION~ The meeting nas opened with a prayer by the Reverend B. F. Pomell, Jr** Pastor, Colonial Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, February 1, 106§, having been furnished each member of Council, on motion of Mr. St*lief, 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: ZONING: A communication from. Mr. Frank N. Perkins*n, Jr., Attorney, representing Mrs. Mary ii~ers Hilts, requesting that property located on the south side of Essex Avenue, N. W., between Salem Turnpike and Twenty-second 5trent. described as Lot 4, Block lO0t Melrose Land Company, Official Tax No. 2322809t be fez,ned from General Residence District to Light Industrial District, was before Council. On motion of Mr. St*lieF, seconded by Mr. Pond and unanimously adopted, the request mas referred to the City Planning Commission for study, report and recommendation to Council. ZONING: A communication from Mr. John B. Kennett. Jr., Attorney, repre- senting Mr. N. Price Fields. et ax., requesting that property located on the east side of Brambleton Avenue, S. N., between Brandon Avenue and Oahwood Drive, describi as the southerly 25 feet of Lot 4A. Block 1, Oak Bill, Official Tax No. 1260104, be fez*ned from Special Residence District to Business District, was before Council. On motion of Mr. Stoller, seconded by Mr. Pollard and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. STREETS AND ALLEYS: A petition signed by eleven re aid*uts of Fallon Avenue, S. E., requesting that Fallon Avenue and Twentieth Street be repaired, was before Council. On motion of Mr. Bheeler, seconded by Mr. Jones and unanimously adopted, the request was referred to the City Manager for study and report to Council. POLICE DEPARTMENT-JUVENILE DETENTION. HOME: A Resolution of the Blue Ridge Chapter of the Nail*lei Association of Social Mothers, Incorporated, commending the Inter,st which Council has tahen toward the establishment of a Youth Bureau ia the Police Department, was before the body, On motion of Mr. Pollard, seconded by Mr, St*lieF and unanimously adopted, the Resolution was received and filed, ZONING: A communication from the Board of Zoning Appeals, transmitting its annual report for the year 1964, was before Council, On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the communication and report were received and filed. PERSONNEL DEPARTMENT: A communication from Mr. Talbot W. DeL*nc, Jr., advising that he will be unable to serve as a member of the Personnel Board, was before Council. On motion of Mr. St*lief, seconded by Mr. Pollard and unanimously adopted, the communication was received and filed. Later during the meeting, Mayor Dillard called for nomi~ations for the fifth member of the Personnel Board. Mr. 5toiler placed in nomination the name of Jonas G. Eller. There being no further nominations, Mr. Jonas G. Eller,was elected as a member of the Personnel Board for a term of two years beginning March l, 1965, by the following vote: FOR MR. ELLER; Messrs. Garland, Jog*s, Pollard, Pond, St*lieF, Wheeler and Mayor Dillard ............................. ?. REPORTS OF OFFICERS: BUDGET-ANNEXATION: The City Manager submitted a written report, recom- mending that $575 be transferred from Section mlG?, *Contingencies** to Annexation wader Section ~150, *Non-Departmental," of the 1965 budget, to cover the fee of the firm of Eggl~ston, Holt*n, Butler ~ Glenn for legal services rendered to the City of Roanoke in connection with the appeal by Roanoke County, and certain ina,tv*nors for a writ of ,error in the annexation proceedings for the Edgehill and Peakwood Drive areas. Mr. St*lief moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance; (g16291) AN ORDINANCE to amend and reordain Section ZlSO, *Non Depart- mental,# and Section ~167, #Coating,ncR.s,* of the 1965 Approrpriatlon Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 26, page 64.) Mr. St*Ilar moved the adoption of the Ordinance. The motion ~as seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, Stoller, Wheeler and Mayor Dillard .........................7. NAYS: None ..................O. 31.2 LANDMARRS-MATF~I DEPARTMENT: The City M,alger'submitted a written report. advisilg that e,dilepldated building o¢ the Crystal 5prior Powplog Statiom should be rased, but that there is m stein driven punp nhleh should be preserved, and reconnended that he be authorized to have the building tOFI down os soon as ,practical, after the pump has been moved to another location, Mr. Stoller moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney rot preparation of the proper measure with the understanding that the City Manager will advise Council ,what he proposes to do with the pump, where it is to be placed and the cost of moving same. The notion was seconded by Mr. Fond and unanimously adopted. , $£#£R5 AND STORM DRAINS: The City Ranager submitted the following report with regard to making prelinlnary application for federal grants for sewage treatnent worksc 'Roanoke, Virginia February 23, 196§ TO the City Council Roanoke, Virginia Gentlemen: The United States Covernment has recelred from the President a proposal to remove deleterious matter from the sir.ann of our Nation and Senate Bill 4 *Public Law 660 87-88, Section 6 provides grants for construction of sewage treatment works and appurtenances.* It is expected that mhile Congress has not yet taken action some funds will be appropriated~ therefore, Virginia may share in the distribution up to two million dollars. The State Water Control Board has set May 1, 1965, as a deadline for accepting applications for grants aid ! would suggest that you acco~plisb the following: (a) Amthorize the City Manager to make an appropriate request for fonds to aid in construction of a buildlngt trackage and other necessary addenda for the chlorination of the effluent from our sewage disposal plant. (b) Assistance for Federal funds for laying a parallel line to our 12-1nch main along Lick Run from Court Street on the north to Norfolk Avenueon the south, or as moch distance as funds may be available, (c) The inclusion of funds for our part of the relief of drainage south from Rim Avenue along Third Street, S, E., to the River. (d) Assistance for Federal funds for laying a parallel line to existing interceptor line along Tinker Creek from Lick Run to the sewage disposal plant site, south of Roanoke River. In each of these requests, if successful, we would receive a 30 percent grant, Respectfully submitted, S! Arthur S. Owens City Manager" 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 measures. The motion was seconded by Mr. Wheeler and unanimously adopted. 313 JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager submitted a written report, recommending that Mr. Mill;am A. Kelly; Chief Probation Officer of the Juvenile and Domestic Relations Court~ he granted a leave of absence from June 14 through August 20, 1965, to attend the Juvenile Officers* Institute at the University of Minnesota without being removed from the payroll or forfeiting fringe benefits. 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. Pollard and unanimously adopted, SIGNS: The City Manager submitted a ~ritten report, transmitting a request of the Junior Momanes Club of Roanoke, Incorporated, for permission to erect a banner at Campbell Avenue and Jefferson Street from March 15 to April 5, 1965, in connection with a revue to be sponsored by the organization, the City Manager verbally reporting that he does not recommend granting the request. Mr. Stoller moved that Council concur in the request of the Junior Mamma's Club 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, Mayor Dillard voting no. REPORTS: The City Manager submitted a written report, transmitting a report of the Department of Poblic Melfare for the month of December, 1964, and listing other monthly departmental reports on file in his office. On motion of Mr. Stoller, seconded by Mr. Pollard and unanimously adopted. the report was received and filed. REPORTS OF COMMITTEES: TAXES: Council having adopted an Ordinance providing for a tax credit of $450 to owners of real estate over 6§ years of age with a gross income of less than $2,000 per year and having continned a committee composed of Messrs. Murray Aa Stoller, Chairman, James E. Jones and Robert A. Garland for the purpose of preparing a form of application for the credit. Mr. itoller made a verbal report and submitted the form of application. Mr. itoller then moved that the City Attorney be directed to prepare the proper measure providing that the form of application be transmitted to the Com- missioner of the Revenue for consideration and for such use as he may deem advisable and that the committee be discharged. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Jones, Pollard, Stoller and Mayor Dillard ................4. NAYS: Messrs. Garland, Pond and Mheeler .............................. SEMERS AND STORM DRAINS-MATER DEPARTMENT: Council having appointed a committee composed of Messrs. Murray A. Stoller, Chairman, Robert A. Garland and James Eo Jones to make a study of water and sewer rates presently imposed by the City of Roanoke on non-resident users and having directed the City Attorney to 314 cost of *rooting tko sewogeq foclodiag moa-operating as well as opera*Jag coots, for presentation to Council for approvolq after which the contract shall be offered hie. 'Roanoke. Virginia February 23. 1965 To the City Council Roanoke. Virginia Gentlemen: The below committee met in the City Manager's office on Tuesday. February 16. at 9 a.m.. to discuss your directive from File 27. and me quote as follows: *lam enclosing copy of a resolution of the Roard of Supervisors of Roanoke Countyt requesting that the contract between the County of Roanoke and the City of Roanoke, dated September 28, 1954, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto a tract of land containin9 17.937 acres located southwest of Ferncliff Avenue and northeast of Cove Road. N. Me. and a tract Of land containing 23.005 acres located on the north side of Em,rough Road. S. £.. (Virginia Route 658) east of Randall Drive (Virginia Route 659). which Resolution was before the Council of the City of Roanoke at its meeting on Monday. February 1. 1965. *On motion, duly seconded and unanimously adopted, the request was referred to you for study, report and recommendation to Council** At the present time, the City has entered into a contract S/ J. ~. £incanon 5/ Roy L. Webber Roy L, Webber S/ Murray A, Stoller #r, Stoller moved that COUlnil concur ia the reconmeadation of the committee end that the matter be referred to the City Attorney for preparotion of the proper measure. The motion mas seconded by Hr. Garland and unanimously adopted, DRPARTM£NT OF FUBLIC WORKS: The committee appointed to tabulate bids received on equipmeat far various municipal departments submitted the folloming report: *February lB, 1965 To the City Council Roanoke, Virginia Gentlemen: Bids mere received and opened before City Council on February 16, 1965, for supplling equipment for various City departments or divisloi~s. Attached is a tabulation of the bids received. Your Comlttee met on Thursday, February IBth and reviewed the bids. The Committee recommends that the contracts for the equipment be awarded in the amounLs and to the firms listed opposite the respective items of equipment: Item Quanity ~ Using , Not Description Unit Amount Firm I I Rubber-Tired Front Mcllhany End Loader St. Repair 12oq36.00 Equip. Co. 2 I Tractor with Front Sewer ~ Seibel End and Backhoe Drain Coast. 5,837.00 Bros. 3 I Tractor with Front Sewage SeJbel End Loader Treatment 2,795,00 Bros, 4 I Tractor with Front Parks End Loader and ~ Seibel Disk Harrow Recreation 3,402.00 Bros. 5 2 Tractors with Side- Seibel mounted mowers St. Repair 5,188.00 Bros. 6 I Trailer Rodel Brush Parks ~ Shaffer Chipper Recreation 2,796.75 Equipment 7 I Trailer Mounted Air Traffic Eng. Rcllhany Compressor ~ Comm. 5,300.00 Equip. CO. 8 I Precision Swing Semage Graves Lathe Treatment 5,115.00 Humphreys In every case with the exception of item I and 2, the low bidder is indicated as listed.' Item 1--The low bidmeeting the specifications was submitted by Seibel Bros. This bid does not meet the specifications in several major poets and was disregarded. The next low bid was submitted by Capital Equipment Co., Inc., of Richmond, for the Trojan Front End Loader, in the amount of $12,289.20. The next low bid was submitted by Mcllhany Equipment Co** Inn** on a Scope Robile in the amount of $12,93b.00. This represents a difference of $646.80. Your Committee feels that it would be to the best interest of the, City to acquire the Scope Robile from Bcllhany Equipment Company, because it has 20 more Horse Pomerrthan the Trojan Front End Loader, is more mnneuverable and has a more favorable parts supply and repair service than Capital Equipment Co. Furthermore, the City has had two scope Hobiles for over 17 years, one of which we are still using, and our experience with both of these loaders have been highly satisfactory. Item R--The alternate bid submitted by Seibei Hros., in the ~mou~t ' of $5,837.00 on the Tractor with Front.End Loader and Backhoe, does not measure up to specifications in'a few points, however, your Committee felt that these points la relation to the City operation was not major points and therefore were waived in making this selection. This item of equipment has some additional features which would more than offset their short comings. 3z6 Vincent S, Wheeler Ii, Cie*ms Rroriea S/ J. O. Sink Jo D. Sink S B B T om B. B, Thompson S M P Juc on M. P. Jackson Rex T, HI*cheil In this connection. Hr. Floyd M, ~unnally and Mr, James T, Dngby. repre- senting the Capital Equipment Company. appeared before Council and protested against accepting the bid of Mcllhany Equipment Company, Incorporated, on a Scope Mobile, Mr. Nannally stating that the TroJan Front End Loader, manufactured by hfs firm bas the sane horsepower as the Scope Mobile, that it has a turning radius of 21 feet 5 inches, as compared with a turning radius of 21 feet, 5 1/2 inches, of the Scope Mobile, that his firm has local repair service and parts supply service out of Richmond and Batavia, Nem York, as compared with service from Portland, Oregon, for the Scope Mobile, and that overall the TroJan Front End Loader meets mote of the specifications than the Scope Mobile. After a discussion of the matter, Mr, Garland moved that Council concur in the recommendations of the committee, with the exception of accepting the bid of Mcllhany Equipment Company, Incorporated, for supplying one rubber-tired front end loader to the Street Repair Division of the Department of Public Works in the amount of ~12,936. that the City Attorney be directed to prepare the proper measure providing for the purchase' of the balance of the equipment as recommended by the committee and that the question of purchasing the rubber-tired front end loader be Council. The motion was seconded by Hr. Pollard and unanimously adopted. UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE OF PROPERTY-PARRS AND PLAYGROUNDS: Council having previously deferred action on an Ordinance authorizing and directing the City Manager to acquit, or attempt to acquire from Messrs. Herman and S. Albert Trompeter approximately 4 1/: acres of land required for the extension of WileyDrive along Roanoke River for a sum not to exceed $7,000, the matter was again before the body, Mr. Stoller offering the following emergency Ordinance: (~16292) AN ORDINANCE authorizing and directing the acquisition of approximately 4.5 acres of land in and on the north side of Roanoke River upon River; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 20, page 64.) Mr, Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following rnte: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, ~heeler and Mayor Dillard ......................... ?. NAYS: None ............ -~---0. 31-7 Mr. Garland then offered the follomlag emergency Ordinance appropriating the sum of $7.000: (s16293), AN ORDINANCE to amend and reordain Section s167, *Contingencies and Section #170, *Capltal,* of the 19&5 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, page 65.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the folloming vote: AYES: Nessrs, Garland, Jones. Pollard, Pond and Nheeler ............... 5, NAYS: Mr. Stoller and Mayor Dillard .................................. 2. LIBRARIES: Council having directed the City Attorney to prepare the proper measure accepting with regret the resignation of Mr. Hubert $o Leonard as a member of the Roanoke Public Library Board, he presented same; whereupon. Mr. Stoller offered the folloming Resolution: (~16294) A RESOLUTION accepting with regret the resignation of Mr. Hubert Se Leonard as a member of the cityts Library Board. (For full text of Resolution, see Resolution Book No. 28. page 66.) Mr. Stoller moved the adoption of the Resolution. The motion w~s seconde, by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stollerb Nheeler and Mayor Dillard ......................... NAYS: None ..................O, BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Ranager to fill certain vacancies in various municipal departments since they are of an emergency nature, he presented same; mhereupon, Rr, Stoller offered the following Resolution: (~I6295) A RESOLUTION authorizing the City Ranager to employ certain personnel. (For full text of Resolution, see Resolution Rook No. 28, page 66.) Mr. Stoller moved the adoption of the Resolution. The motion was seconde* by Mr. Pond and adopted by the following vote: AYES: Messrso Garland, Jones, Pollard, Pond, Stoller, Nheeler and Mayor Dillard .......................... NAYS: None ................. O. INYEGRAYION: Council having,directed the City Attorney to prepare the proper measure authorizing and directing the City Manager to 91ye assurance to the United States Government that the City of Roanoke will comply with the 1964 Civil Mights Act in the use of federal fonds, he presented.same; whereupon, Mr. Stoller offered the following Resolution: (n16296) A RESOLUTXON providing assurance of compliance with certain Federal lam. (For full text of Resolution, see Resolmtion Book No. 28, page 318. Mr. Sa,lief moved tke adoption of the Resolution. The motion was aecouded b~ Mr. Pollard cad adopted b~ the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. Sa,lief. Mheeler and Mayor Dillard .................. T. NAYS: None ........... O. .POLICE DEPARTMENT-JUVENILE DETENTION HOME: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to grunt Captain Murray O. Cochran and Patrolman James L. ¥iur u la,ye of absence from June 14through August 20. 1965. to attend the Juvenile Officerst Institute at the University of Minnesota without being removed from the payroll or forfeiting fringe benefits, he presented same; whereupon. Mr. Sa.liar oIfered the following Resolution (w162g?) A RESOLUTION concurring in the recommendation of the City Manurer relating to the duties and employment of certain employees of the ca,yes Police Deportment. (For full text of Resolution, see Resolution Hook No, 2D, page 60,) Hr. it.lief moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. it.lief. Nheeler and Mayor Dillard .......................... NAYS: None .................. DEPARTMENT OF PUBLIC MELFARE: Council having directed the City Attorney to prepare the proper measure authorizing and directing the City Manager to take proper action to cans. the Commodity Distribution Program to he terminated and discontinued as soon after March 1, 1965, as, in his judgment, is practicable, the City Attorney presented same. In a discussion of the matter, Mayor Dillard presented a letter from Mrs. Helen Thompson. stating the she is ineligible for welfare funds and that she is in desparate need of help for herself and her nine children, Mayor Dillard pointing out that Mrs. Thompson would at least be able to obtain food if the Commodity Distribution Program is continued. After a further discussion of the matter, Mr. Garland moved that the City Manager be directed to continue the Commodity Distribution Program until September 1, 1965, and to report back to Council with his recommendation at that time. The motion was seconded h! Mr, Jones and unanimously adopted. MOTIONS AND MISCELLANEOUS BUSINESS: ZONING: Council having previously concurred in a recommendation of the City Planning Commission that lan~ known as the WOld Trout Place' bordering on Shenandoah Avenue to the north, Luck*t, Street to the west, Thirtieth Street to the east and the Norfoi~ and Mestern Railway Company property to the south, not be fez.ned from Heavy Industrial District to Light Industrial District pending adoption of the new Zoning Ordinance, Mr. Orburn R. Bloodworth, Jr., representing the 319 Westuood - Wilmont Farms Civic League, appelred before the body, advising that it has-cone to his ottention that preliminary pills are under may to erect l pre-stressed concrete beuw pleat on this site which would be very detrimeltol to the surrounding residential oreo, and reqlested that Council review lad possibly hold up all industrial building permits il this area until the Rem Zoning Ordlnouce is adopted. Mr. Pollard moved that the question of rezoning the area frow Heavy Industrial District to Light Industrial District be referred back to the City Planning Connission for further study, report and recommendation to Council. The notion was seconded by WP. Pond and unanimously adopted. Mr. Stoller then moved that, pending a study by the City Planning Con- mission of rezoning the above area from Heavy Industrial District to Light Industri District, the City Manager be directed not to issue a building permit for the constroction of heavy industry in thlsarea without the concurrence of Council. The motion was seconded by Mr. Pollard and unanimously adopted. On motion of Mr. Wheeler, seconded by Mr. Stoller and unanimously adopted, the meeting was adjourned. APPROVKD A~EST: 320 COUNCIL, REGOLAR MEETING, Monduy, March 1, 1965. The Council of the City of Roanoke met in regular meeting in the Coaucil Chamber In the Municipal Building, Monday. March 1, 1965. at 7:30 p.m., mltb Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, James E. Jones, Roy N. Pollard, ir., Clarence E. Pond, Murray A. Stoller, Vincent S. Mheeler and Mayor Benton O. Dillard ................................. ?. ABSENT: None .................O, OFFICERS PRESENT: Mr. Arthur So Omens. City Manager, Mr. Janes N. glncant Assistant City Attorney, and Mr. Jo Robert Thomas. City Auditor. INVOCATION: The meeting mas opened mith a prayer by the Reverend W. B. Pollok, Associate Pastor, Raleigh Court Methodist Church. MINUTES: COpy of the minutes of the regular meeting held on Monday, February 8, 1965, having been furnished each member of Council, on motion of Mr. 5toiler, seconded by Mr. Pollard and uoaoinously adopted, the reading thereof mas dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING-STREETS AND ALLEYS: Council having previously set o public hearin* for ?:30 p.m** Mnnday, February 1, i965, on the question of establishing a setback line ga Colonial Avenue. 5. N., from Brandon Avenue to the corporate limits, to srovtde for an 80-foot street, and having continued the public hearing until March · 1965. pending a survey to establish the center line of Colonial Avenue, the mattel again before the body. In this connection· the following communication from the City Planning Commission. recommending that a building setback line of 80 feet from either side of the center line of Colonial Avenue be established, was before Council: *December 18, 1964 The Honorable Benton O, Dillard, Mayor and Members of City Cooncll Roanoke. Virginia Gentlemen: The Planning Commission considered this matter at its regular meeting of December 16, 1964. After thorough study of all factors involved, the Planning Commission determined that Colonial Avenue is a major thoroughfare, which, according to the Major Arterial Highway Plan, requires a right-of-nay of 80 feet. It is antici- pated that certain changes in land use along Colonial Avenue mill occur over a period of time. At the present time, a setback line varying from ?0 feet to 80 feet measured from the centerline, is established by the location of residential structures. In anticipation of the proposed widening of Colonial Avenue and based on existing setbach lines, the Planning Commission recom- mends tO City Council that a setback line of 80 feet be established for all strnctnres on Colonial Avenue extending from its inter- section'mith Brandon Avenue to the corporate limits. This setback line should be measured from the center of the existing road and should be established by a land survey by the City Engineering Department. Sincerely yours, S/ Morner Ko Sensbach for Henry B. Boynton Chairman# 32! Hr.'Mlllium F. Clark0 City Engineer° appeared before Council and advised that the Department of Public Harks feels that m building setback lime of 60 feet from either side of the center line of Colonial Avenue is sufflclemt. Hr. emphasizing that the public he·ring is for the purpose of establishing · building setback lice and not on the question of widening C,i,mini Avenue. A group of residents of G,l,mini Avenue appeared before Council in opposition to the proposed setback lice on the grounds that if and mhen Colonial Avenue is'widened to more than 80 feet the road will'come too close to their homes and requested that improvements be made to the existing street instead, Among those speaking in opposition to the proposed setback line were R. R. Greenwood. Hr. Ho E. Coffey. Mrs. Charles H. Thompsoh. Mrs. H. H. birr. Sr.. Hr. Ho H. Mira. Sr.. Hr. M. Jo H,bbs. Jr.+ Mrs. James M. Hale+ MFS. Curtis C. Lin.berry. Mr. H. P. Johnson, Hr. H. Jo Gev,rs. Mr. J. A. Howell+ Mr. T. M. Hodges and Mr. L. H. Slgmon. Mt. Clack voicing the opinion that the residents of Colonial Avenue are confused as to the purpose of the setback line and expressing a desire to meet with them for the purpose of explaining the setback line in detail, Mr, St,lieF moved that the public bearing be continued until 7:30 p.m.. April 5. 1965. in ordex that the City Engineer might meet with the residents of Colonial Avenue for the purpose of explaining the proposed setback line in detail, The motion was seconded by Hr° Jones and unanimously adopted. AMBULANCES-LIFE SAVING CREWS: Council at its meeting on May Il, 1964, having postponed a public hearing scheduled for May 18+ 1964. on a propose~ Ambulance Ordinance. and having approved an amendment to Section 17 of the proposed Ordinance to provide that voluntary ambulance service shall not remove patients from a hospital located in the city unless such patient be transported to a point outside of the city by an ambulance operated from a location or headquarters outside the city, and having set a public hearing on the revised Ordinance for 7:30 p.m.. March 1. 1965. the matter was before the body. In this connection. Dr. William H. Keel,r. Commissioner of Health. pointe~ oat that the Ambulance Ordinance was written by a committee appointed by the City Manager and that the committee has recommended the adoption Of said Ordinance. Approximately 50 members of the local life saving crews appeared before Council in opposition to the proposed Ambulance Ordinance. Mr. Pollard moved that the Ambulance Ordinance be filed. The motion was seconded by Mr. Jones and unanimously adopted. ZONING: Conncil having previously set a public hearing for 7:30 p.m** Monday. March 1. 1965. on the question of zoning the Edgehill and Peakwood Drive areas recently annexed to the City of Roanoke. the matter was before the body° In this connection, the following communication from the City Planning Commission with regard to how the property should be zoned, was before Council: 322 "January ?, 1965 The Bonornbie Benton O, Biltard, Mayor ned Itembers of City Council ioenohe, Virginia Gentlemen: At its regular meeting on January 60 1965 the City Planning Commission considered the application of zone districts to the territory embraced within the recent enlargement of the limits of the City of Roanoke and generally knoun as the Edgehill area. After careful studI of nil factors involved and application or Title 15. Chapter 4, Article Vlll. Section 35 of the City Code, the Girl Planning Commission concluded that General Residence District should be applied to all of the territory recently annexed, excepting all lots ulth frontage on Franklin Road (U. S. 220). uhich lots should be zoned for Business District, The application or zone districts Is more clearly defined on Plan No. 4673. prepared bi [iici and Raison. Consulting Engineers. Lyuchburg. Virginia, under date of August 21. 1964, a copy of which is transmitted uith this connunloatlon. Sincerely yours. S/ ~erneF K. Sensbach for Henri B. Boynton (=16~g8) AN ORDINANCE to amend and reordnin Title IV. Chapter 4. Sec. 1. 31. 1964. · H£REA$. the public bearing as provided for Jn said notice published in 1. That the following described areas heretofore annexed by the City of Roanoke as of midnight, December 31, 1964, viz.: (a) Lots I thru 30, inclusive, Block #AW, ns shown on the map of Edgehlll Corporation, enid lots fronting on the sou*beast line of D. $. Route 220 (Franklin Road, extended); (b} All of Dlock l, Section 1, ns shown on the map cf Edgehill (m) All of Block 5, Section 2, as shana on the map of Edgehill be, and said areas are hereby zoned to Business District; and the Zoning Hap shall be changed in this respect; and 2'. That the remainder of the aforesaid annexed areas, viz.: (a) All of Parcel "B' annexed to the City at midnight, December 31, 1964, being certain lots and portions of lots located in Blocks 'P' and *0'. according to the map of Prospect Dills; and (b) All of the remaining areas of Parcel #A* annexed to the City effectire at midnight, December 31, 1964, aforesaid, excluding only those areas fronting on U. S. Route 220, above-mentioned; be, and said .areas are hereby zoned to General Residence District, and the Zonin9 Map shall be changed in this respect; reference being hereby made to a copy of Plan No. 4675 being the Metes and Bonnds Map of Areas Annexed by the City of Roanoke at midnight, December 51, 1964, on file in the Office of the City Clerk, whereon the areas above-described and hereby zoned to Business District are shown colored in red crayon and the areas hereby zoned to General Residence District are shown colored in yellow crayon. The motion was seconded by Br. Stoller and adopted by the following vote: AYES: Ressrs. Garland. Jones, Pollard, Pond. 5toller, Wheeler and Mayor Dillard ......................... NAYS: None ................. O, BUDGET-PAY pLAN: Council having previously referred to 1965 budget study a petition signed by 103 employees of the Water, Garage. Maintenance, Street Cleaning and Sanitation Departments of the City of Roanoke requesting that their pay periods be changed from semi-monthly to every two weeks, and no action having committee, appeared before the body, pointing ant that several times a year there are seventeen days between pay periods which makes it ~ard on the employees in balancing their personal budgets, and requested that these employees be paid every two weeks instead of semi-monthly. After a discussion of the matter, Mr. Garland pointing Out that although the employees in question would be paid 26 ~imes a year instead'of 24 times as at present their total annual pay would remain the same, Hr. Janes moved that the request be referred ~o a committee composed of Messrs. Robert A. Garland, Chairman, Roy Re Pollard, Sr., Clarence E. Pond and J. Robert Thomas for the purpose of ascertaining whether or not equipment in the office of the City Auditor can handle 323 3 4- the change lu the pay periods or these employees nnd to report bock to Council, The iotlom mas seconded b7 Hr, Pond ~nd unanimously adopted., Mr, Jones then moved thu% the questlon of n corresponding Increase In pay rot the two additional pay periods be referred to the Budget COmmission for considerotion in connection with Its study of the budget for the fiscal year 1965~ 66. The motion mas seconded by Mr, Pollard end unonimously adopted, FIRE DEPARTMENT: Mr, R. E. English, President of the goeuoke Fire TiMbre Association, oppeared before Council and presented n petition signed by 111 members of the Fire Deportment, requestlog n meeting with the Chief of the Fire Deportment, the City MonoMer, any or all members of Council and the Assistant Fire Chiefs In, un ~ffort to obtoin the honorable reinstatement of Mr, Mallace M, Mattox to his former position with the Fire Department, Mr. Garland stated that be has no objection to such a meeting, but he is under the impression the City Manager and the Chief of the Fire Department have made up their minds and such a meeting would be fruitless. Mr. Jones agreed with Mr. Garland, pointing out that under the City Charter Council does not have any jurisdiction in the matter, Mr. Pond read the folloming prepared statement: #Mr, Mayor, I should like to amplify a statement I made to Council on February 8 on this subject. I hold no persocal malice towards Mr. Mattox. I feel that the recent activities of the Virginia Central Labor Council and Roanoke City Democratic Committee in asking for a reinstatement of Mr. Bottom were ill advlsed and not In accordance with established procedures. 'Mr. Mattox mas dismissed from the Roanok~ Fire Dep~rtment on October 17, 1963 for insubordination. This was agreed upon by bls superiors, the Fire Chief and the City Manager. His dismissal was thoroughly investigated by a City Council Study Commission and they upheld the decision of the City Last December, the City Manager offered Mr. Mattox a job in the Weight and Measures Department at the City Market. Mr. Mattox did not even reply to this Job offer. The operation of the City's administrative functions is delegated to the City Manager, and from my investigation of this case I support the City Manager in his actions. Now a word to the Roanoke city Firemen. Me have in our City approximately 179 firemen. The Bible says you cannot serve two Masters -- that saying is eqoolly true today. While X am not suggesting mbo shall represent the firemen. I am saying that you owe to your department, to your City, and to your community a certain amount of loyalty and devotion to duty. I think it Is high time that each of you firemen search your noels and ask yourself.this question. A1 I being loyal to my department and to my city in petitioning the Council to reinstate Mr. Mattox? It mill take some courage and intestinal,fortitude for you to make the right decision, bat I think it is high time that you your- selves made this judgement. What effect does all of this apparent dissension in our city government have on our industrial climate in this area. It is like a cancerous gromth in our industrial health. Me have substantial groups of people who are striving to attract new industries to our city. If they are successful, this will mean more Jobs, increased payrollst and more taxes. To name the more active of these groups is the Chamber of Commerce, Norfolk and Western Railway Company, and the Appalachian Power Company. As long as this bickering exists in our city government, these groups cannot do an effective job Of sealing the Roanoke Valley good place to live, so why do we tolerate all this dissension? 325 Let we suggest 4 things which I think would help: 1. File this petition nad close this matter for the foreseeable future. Continue to give the City Mennger our full support, 3. Ask the indulgence of the press nad television in playing down hems items concerning minor dissensions in oar city government, 4. At a time when so much needs to be done in preparing for the proper grnmth and development Of our city, let us forget our petty squabbles, lick our woundst and get down to the business at hand,u Mr. Stoller stated that he considers the request of Mr. English for a meeting very temperate and that he has no objection to such a meeting. Mayor Dillard voiced the opinion that reinstating Mr. Mattox to his former position with the Fire Department would do more toward eliminating dissension lu City Government than anything else. Mr. Malter M. Johnson, a member of the Virginia Central Labor Council and the Roanoke City Democratic Committee, expressed resentment at the inference of Mr. Pond that either Of the organizations would do anything to hurt the city. After a further discussion of the matter, Mr. Pood moved that the petition presented by Mr. English be filed. The motion was seconded by Mr. Wheeler and adopted, Mayor Dillard voting no. PETITIONS AND COMMUNICATIONS: LIBRARIES-SCHOOLS-PARES AND PLAYGROUNDS: Council having previously concurred in the recommendation of the Raleigh Court Branch Library Committee that the branch library be located on the east side of Orandin Read, 5. W., between Avenel Avenue and Laburnum Avenue, in Shrine Hill park, a communication from the Roanoke City School Board, pointing out that no consideration was given to including a library when the Master Development Plan for Shrine Hill Park was prepared, that the architects believe a building between the main entrance and the Patrick Henry High School site would detract from the overall effect Of the school, that the architects feel the area southwest of the Avenel Avenue entrance would be a logical location for the branch library, and suggesting that the opinion of the architects mbo developed the master plan for the Shrine Hill site be given due consideration, was before the body. Mr. Wheeler moved that the communication be referred to the Raleigh Court Branch Library Committee for study, report and recommendation to Council. The motion was seconded by Mr. Pollard and unanimously adopted. HOUSING-5LUM CLEARANCE: The following communication from the City of Roanoke Redevelopment and Housing Authority with reference to increasing the maximum income limit for occupants of the Lansdonne Park and Lincoln Terrace Housing projects effective April 1, 1965, was before Council: "February 25t 1965 Honorable Mayor and Members of City Council City of Roanoke Roanoke, Vl£glnla Gentlemen: 326 This Autkority since 1959 has operated its two lam-rent housing project~ Lonsdomoe Perk and Lincoln Terrace, mlth established moxlmem Income limits.or $2900,00 per annum for each family for admission and $3300.00 per annum for each family rot continued ocoupsloy. In accordance with the Code of Virginia, Section 36-22, the Authority is required to advise the City Council or any changes lu the mnxlmem income limits at least thirty (30) days prior to the effective date. This is to advise that effective April l, 1965. the following annual maximum income limits are established for low-rent housing projects in Roanohe, Virginia, as follows: Continued Family Composition Admission Snecial Occupancy One or more persons $3300.00 $3700.00 $3700.00 The special limits apply only to families for admission who require housing os a result of Governmental action including code enforcemento highway or street construction and urban renewal or redevelopment projects. The increase in income limits Is based on the Consumer Price Index, Bureau of Labor Statistics which indicates a 9~ increase in the cost of living from 1959 to 1964. It will enable the Authority to continue to serve a crqss section of low income families in Roanoke. Very truly yours, S/ Russell R. Henley Russell R. Henley Executive Director" On motion of Mr. Stoller, seconded by Mr. Wheeler and unanimously adopted the commonication was flied. CITY MANAGER: A communication from The International City Managers* Association, ~ommending Council for its action in reaffirming support of the Council-Manager form of government and expressing confidence in the City Manager. sas before the body. Mr. Pollard moved that the communication be filed. The motion was second by Mr. Stoller and adopted, Mayor Dillard voting no. TAXES-LICENSES: A communication from the Roanoke Food Brokers Associatio advising that the organization was not contacted prior to the report of the Roanoke Tax Study Committee with regard to license revisions and requesting that the communication mud un attached presentation as to why food products brohers should not be classified for license taxes purposes as professional men be made a part of the tax study file so that they will be before the members of Council should license revisions be considered at a later date,.was before Council. Mr, Stoller moved that the communication and presentation be referred to the tax study file and that the Roanoke Food Brokers Association be advised that it will be notified of a public hearing before any changes in the License Tax Code are considered. The motion was seconded by Mr. Mheeler and unanimously, adopted. 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 36.20-acre tract of land located west of Virginia Secondary Route 692 (Sugar Loaf Mountain Road), was before Council. 327 Mr, Wheeler moved that the request be referred to a committee composed of Messrs. Arthur S, Owens. Janes N. Kincanon, Roy L, Webber and Hurray A, Stoller for stady, report and reoommendation to Council. The motion mas seconded by Mr. Pollard and unanimously adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted · mrttten report, recommending that the street lighting on Williamson Road. N. W., be improved from Preston Avenue to Hershberger Road by removing eight 10,000 lumen incandescent street lights and installing twenty-two 21.000 lumen mercury vapor street lights, os well as two 10,000 lumen incandescent street lights on the HeFshbeFger Road approaches to Willlamson Road, Mr, Stellar moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (c16299) A RESOLUTION authorizing the removal of eight 10o000 lumen orerhead incandescent street lights and the installation of twenty-two 21.ooo lumen mercury vapor street lights on Rllliamson Road, N. M** between Preston Avenue and Hershberger Road. and two 10,000 lumen overhead incandescent street lights on the south side of Hershherger Road, N, M. (For fall text of Resolution. see Resolution Book No, 26, page 68.) Mr. Stellar moved the adoption of the Resolution. The motion was seconded ;by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stellar, ~heeler and Mayor Dillard .......................... ?. NAYS: None ..................O. TRAFFIC-SCHOOLS: Council having referred to the City Manager for study and report a request of patrons of the Washington Heights Elementary School that a school crossing guard or a police officer be assigned to the school every morning from 6:20 to 6:50 and every afternoon from 2:30 to 2:50 on school days, the City Manager submitted a written report, advising that without additional personnel it would be impossible for him to assure the police protection requested by the patrons of the Hashington Heights Elementary School. After a discussion of the matter, Mr. Garland moved that the City Ranager be directed to furnish adequate police protection to handle traffic at the ~ashingto Heights £1ementary School by paying the police officers overtime, if necessary. The motion mas seconded by Mr. Stellar and unanimously adopted. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted a written report, pointing out that on December 16, 1963, the City of Roanoke entered ~cto a contract with the Pyro Incinerator and Supply Corporation for modernization of the City Incinerator in the amount of $151,190, that he has been advised by the architects for the project that the contractor has completed its part of the contract except for hydraulic line repairs, and recommended that he be authorized to release all of the $16,116,40 he is holding under the contract, with the exception of $500.00. 328 Mr, Rheeler moved that Council concur In the recommendation of the City Manager, The motlou was seconded.by Mr,,Pollard end unanimously adopted, TRAFFIC: The City Manager having previously recommended that Wlndsqr Crandin Road, and the matter having been referred back to him for farther study, report and recommendation, he presented · written report, advising that since over 82~ of the residents on Mlndsor Avenue have requested that the street be made one may eastbound he believes it is in the publlc*s interest and his position remains the same, In this connection, a petition signed by 41 residents of Arlington Road, Windsor Avenue, Greenwood Road, Blenheim Road and Sherwood Avenue, S, M** opposing making Rindsor Avenue a one-way streeto was before Council. Speaking in favor of making Windsor Avenue a one-way street eastbound were Messrs, T. H, Farmer, C, C. Rush, G. T. Wilson and Edwin J, Davis, ,Mr, Stoller moved that the matter be referred back to the City Manager fo: further study, report and recommendation to Council. The motion was seconded by Mr, Garland and unanimously adopted. STREET LIGHTS-SEVERS AND STORM DRAINS: Council having referred to the City Manager for ~study and report the requests of Mr. G. R. Coleman, 2304 Kermit Avenue, N. E., that a street light be installed in front of his home rather than at the corner of Rermlt Avenue and Clyde Street, N. E., that a storm drain in the vicinity of his property be ~leane~ out and that unsanitary conditions at the sewer pumping station in the area be corrected, the City Manager submitted a written report, advising that the location of the street light has been ~orhed out to the satisfaction of Mr. Coleman, that the drainage situation will be corrected to the best he can do; however, without the installation of a drain, he cannot assure ultimate satisfaction, and that corrective measures have been ,ahem to alleviate the odor fro~ the sewer pumping station in the area. On motion of Mr. St*liar. seconded by Mr. Pond and unanimously adopted. the report was filed. STREETS AND ALLEYS: Council having referred to the City Manager for study,and report a request of residents of Fallon Avenue, S. E** that Fallon Avenue and Twentieth Street be repaired, the City. Manager submitted a written report, advising that a work order has been issued for necessary street maintenance and that consideration will be given the streets, along with all others, when the blacktop program is studied in the spring, at which time Council will receive his recommendations as to which streets should be included in the 1965 program. On motion of Mr. St*liar, seconded by Mr. Wheeler and unanimously adopted, the report was filed. STREETS AND ALLEYS: Council having referred to the City Planning Com- mission for study, report and recommendation n request of American Motor Inns, 329 Incorporated, that Camps Alley, between McOowell Avenue and Orange Avenue; also, that portion of Rockrleu Avenue, N. E., extending from Camps Alley in a south- easterly direction for n distance of 200.05 feet, be vacated, discontinued and closed, the City Planning Commission submitted a written report, recommending that the request be dealed. Council having also appointed viewers in connection mlth the request, the viewers submitted a written report, advising that they have visited and viewed the alley and street in question and ave unanimously of the opinion that no antony.al.nc would result, either to any individual or to the public from vacating, discontinuing and closing same. In this connection, a communication from Mr. Den M. Richardson, Attorney, representing American Motor Inns, Incorporated, requesting a public hearing on the matter, was before Council. Mr. St*liar moved that a public hearing on the matter be held at 7:30 p.m., April 5. 1965. The motion was seconded by Mr. Mheeler and unanimously adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: LANDMARKS-MATER DEPARTMENT: Council having directed the City Attorney to prepare'the proper measure authorizing the City Manager to raze a dilapidated building at the Crystal Spring Pumping Station, he presented same. In this connection, Mayor Dillard presented an anonymous poem urging that the steam-driven pump in the building be preserved. After a discussion of the matter. Mr. Mheeler suggesting that it might be well to repair the building for use by other municipal departments or storage space Mr. St*lief moved that action on the question be deferred until the regular meeting of Council on March 15. 1965. The motion was seconded by Mr. Jones and unanimously adopted. SEMER5 AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measures authorizing the City Manager to mahe application to the United States Government and the State MaterControl Board for a grant of funds under the Federal Water Pollution Control Act to aid the City of Roanoke in the construction of sewage treatment works, he presented same; whereupon. Mr. St*lieF offered the following Resolution with regard to the construction of a building. trackage and other necessary addenda for the chlorination of the effluent from the Sewage Treatment Plant 9,lng into Roanoke River: (~16300) A RESOLUTION authorizing and directing application to be made for certain grants to the City under the Federal Mater Pollution Control Act. (For full text of Resolution. see Resolution Book No. 28; page ?0.) 330 Mro St*lieF moved the cdoptlou of the Resolution, The motion seconded by Mr, Nbc*let and adopted by the f~lowiag vote: AYES: Masaru, Garland, loses, Pqllord, Pond, St*lief, Rbeeler and Xnyor Dillard ...... 7 ................... 7o NAYS: Noun ................. OD Hr, St*lief offered the foil*ming Resolatfou with regard to laying a main parallel to the existing 12-inch sewer shin.ut*ag Lick Run from Court Street, on the north, to Norfolk Avenue, on the south: (xl~301) A RESOLUTION authorizing and directing upplicationto be made for certain grants to the City under the Federal Mater Pollution Control Act, (For full text of Resolution, see Resolution Rook No, 26. page 70.) Mr. StolleF moved the adoption of the Resolution. The motion was seconded by Mr, Pond and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard, Pond, St*liar, Mheelev and Mayor Dillard .......................... ?, . . NAYS: None ..................O, Mr. St,lieF offered the foil*ufa9 Resolution with regard to relieving the drainage situation south from Elm Avenue along Third Street, S. E., to Roanoke Slyer: (=16302) A RESOLUTION authorizing and directing application to be made for certain grants to the City under tke Federal Mater Pollution Control Act. (For full text of Resolution, see Resolution Rook No. 20, page 71,) Mr. Sto!ler moved the adoption of the Resolution. The motlon was seconded by Mr. Rheeler and adopted by the following vote: AVES: Messrso Garland, Jones. Pollard, Pood, St*Ilar, Wheeler and Mayor Dillard .......................... NAYS: None ................ O. Mr. Stoller offered the following Resolution with regard to laying a main parallel to the existing sewer interceptor line along Tinker Creek, from Lick Run to the Sewage Treatment Plant site, south of Roanoke River: (~16303) A RESOLUTION authorizing and directing application to be made for certain grants to the City under tho Federal Rater Pollution Control Act. (For full text of Resolution, see Resolution Book Roo 28, page 71o) Sr. St*lief moved the adoption of the Resolution. Yhe motion was seconded by Mr. Pond and adopted by the foil*win9 vote: AVES: Messrso Garland, Jones, Pollard, Pond, St*liar, ~heeler and Mayor Dillard ........................7. WAYS= None ................. JUVENILE AND DOMESTIC RELATIONS COURT: Council having directed the City Attorney to prepare the proper measure authorizing the City Rauager to grant Sr. Rilliam A. £elly! Chief Probation Officer of.the Juvenile and Domestic Relations 33! Court, a leave of absence from Jane 14 throagh Aagast 20, 1955, to attend the Jay, nile Officers* Institute nt the University of Minnesota without being removed from the payroll or forfeiting fringe benefits, he presented same; whet,ap,n, Mr, St,lieF offered the following Resolution: (a15304) A RESOLUTION concurring in the recommendation of the City Manager relating to the duties and employment of certain employees of the Clty*s Juvenile and U,mastic Relations Court. (For fall text of Resolution, see Resolution Book No. 28, page 72.) Mr. St,lief moved the adoption of the Resolution. The motion was seconde~ by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, St,lief. Wheeler and Mayor Dillard .......................... 7, NAYS: None ................. O. SIGNS: Council having directed tbe City Attorney to prepare the proper measure permitting the Junior Woman*s Club of Roanoke, Incorporated, to install a banner at Campbell Avenue and Jefferson Street in connection with a revue sponsored by the organization, he presented same; whereupon, Mr. St,lief offered the f,Il,win Resolution: (~16305) A RESOLUTION authorizing the City Manager to permit the Junior Moman*s Club of Roanoke, lac,, to install a banner across the intersection of Campbell Avenue and Jefferson Street upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 2fl, page 72.) Mr. 5toiler moved the adoption Of the Resolution. The motion was sec,ndE by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, St,lief and Mheeler ...... NAYS: Mayor Dillard ................................................. 1, TAXES: Council having directed the City Attorney to prepare the proper measure providing for the transmitting to the Commissioner of the Revenue for consideration and for such use as he may deem advisable of a suggested form of application for tax credit by owners of real estate over 55 years of age with a gross income of less than $2,000 per year, he presented same; whereupon, Mr. St,lie] offered the f,Il,wing Resolution: i~16305) A RESOLUTION relating to the real estate tax credit provided for in Ordinance No. 16225; end discharging the committee heretofore appointed in the premises. (For full text of Resolution, see Resolution Boor Noq 29, page Mr. St,lief moved the adoption Of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Jones, Pollard, Pond, Stoller and Mayor Dillard ......... 5. NAYS: Messrs. Garland and Wheeler .................................. SEWERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure declining for the time being, n request of the Board of 332 Supervisors of Roanoke County trot the contract between the City of Rooaoke and the County of Roanoke dated 5eptetber 28, 1954, dealing mith the treatment or domestlm and oomuercla! vistas, be amended by adding thereto a tract, of landcontaleing 17,937 acres locoted southmost of Ferneliff Avenue and northnest of Core Bond, N. M.. and a tract of land containing 23.005 acres located on the north side of Rntrough Rood. So £. (Virginia Route 658), east of Randall Drive (Virginia Route 659), he presented same. lo this connection, Mro Thomas H. .Beasley appeared before Council and urged that the request of Ronnoke County be granted. After a discussion of the matter, Mr, Stollev offered the following Resolution: (e1630Y) A RESOLUTIO~ declining, for the tine being, a request to further amend the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes. (For full text of Resolution, see Resolution Book No. 28, page ?3.) Mr. Stoller moved the adoption of the Resolution. The motion was second~ by Mr. Wheeler and adopted by the following vote: AYES: Res*rio Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ......................... BAYS: None ..................O, DEPARrMENY OF PUBLIC ~ORKS: Conncil having directed the City Attorney to prepare the proper measure accepting bids on equipment for various municipal departments, with the exception of the bid of Mcllhany Equipment Company, Incor- porated, for supplying one rubber-tired front end loader to the street repa'lr division of the Department of Public Works in the amount of $12,936, he presented same; mhereupon, Mr. Rheeler offered the following emergency Ordinance: (~16308) AN ORDINAECE providing for the purchase and acquisition of various items of equipment needed for the use of various of the City's departments or divisions by accepting certain bids made for supplying the same; rejecting certain other bids made therefor; and providing for an emergency. (For fall text of Ordinance, see Ordinance Book NO. 28, page Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Stolier and adopted by the following vote: ~ AYES: Messrso Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ........................ 7. NAYS: None ..................O. TRAFFIC-STATE HIGHWAYS: Council having directed the City Attorney to prepare the proper measure assigning certain authori,ty and responsibility for the continuing comprehensive transportation planning process to the Roanohe Valley Regional Planning Commission, he presented same; whereupon, Mr. 5toiler offered the folloming Resolution: 333 .(u16309) A RESOLUTION assigning certain authority and responsibility rot the'continuing comprehensive transportation planning process to the Ronnoke Valley Regional Planning Commission, mlth the concurrence of said Commission, (For full text of Resolution, see Resolution Book No. 28, page 76.) Nrc St,liar moved the adoption of the Resolution. The motion mas seconde¢ by Mr, ~heeler and adopted by the foil,ming vote: AYES: Ressrs. Garland, Jones. Pollard, Pond, St,lief, Rheeler and Mayor Dillard .........................7. NAYS: None ................ O, TAXES: Council having adopted Ordinance No. 16225 providing a tax credit for caners of real estate over 65 years of age with a gross icc,se of less than $2,000 per year, Mr, StolleF pointed out that the Ordinance mas not made a part of The Code of the City of Roanoke, 19S6, and moved that the foil,ming Ordinance directlng~tbe codification of Ordinance No. 16225 into the City Code be placed upon its first reading: (a16310) AN ORDINANCE directing the codification of Ordinance No. 16225, providing a certain tax credit as to property taxes imposed opon real property in the City for certain persons who are sixty-five years of age or over upon certain terms and conditions, into The Code of the City of Roanoke, 1956. BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 16225, adopted on the 2Sth day of January, 1965, providing a certain tax credit as to property taxes imposed upon real property in the City, for certain persons ~ho are sixty-five years of age or over and relating generally to the terms and con- ditions of any such tax credit and to the time it may be granted and to the manner in which it is applied for and granted, consisting of twelve lettered sections, lettered (a) through (1), inclusive, be, and said ordinance is hereby codified into The Code of the City of Roanoke. 1956, and into Chapter 1, Title VI, thereof, relating to Current Taxes, the provisions of said ordinance to be numbered and captioned Sec, 15, 'Tax Credit upon certain realty -- terms and conditions, The motion was seconded by Mr. Jones and adopted by the foil.win9 vote: AYES: Messrs. Jones, Pollard, St. Ilar and Mayor Dillard .............. NAYS: Messrs. Garland, Pond and Kheeler .............. L ................ 3. MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET: The City Clerk reported that Mayor Benton O. Dillard, Messrs. Arthur S. Owens, J. Robert Thomas, Byron A. Hicks, Hamilton M. Redman, K. T. Watkin and Richard E. Martin have qualified as members of the Budget Commission for the fiscal year 1965-66. On motion of Mr. Jones, seconded by Mr, Pollard and unanimously adopted, the report was filed, PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having authorized the employment of the fi~m of Greeley and Hans,n, Engineers, for the performance of certain engineering services in connection mith the construction and operation of :334 the City luciuerntore Mr, Mheeler, Chairmen of the Incinerator Committee, sobmltted the report of the eaginecrso snmsurfzlng the results o[ their rerieM of the deuigu and construction of recent alterations mud additions to the City Incinerator and suggesting further alterations and udditfons that should be sade to fmprofe the operation or the Incinerator, After u discussion of the muttert Mr, Nheeler moved that the City Attorne be directed to prepare the proper measure providing for the retaining of the firm of Greeley and flnnsen to perform engineering services in connection math proposed aids to the furnace operation and refuse storage and handling and authorizing the City Manager to advertise for bids on the uorh, The motion was seconded by UFo Pollard and unanimously adopted, On motion or Hr. Jones, seconded b~ Mr. Pollard and unanimously adopted, the meeting uss adJourned. APPROVED ATTEST~ 335 COUNCIL, BEGULAR HEETING #oedny, #arch 8, 1965, The Council of the City of Roanoke met. in regular meeting in the Council Chamber in the Municipal Building. Nondoyo March 8. 1965. at 2 p.m...the regular men*InO hour. with Mayor Dillard presiding. PRESENTz Councilmen Robert A. Garland. James E. Jones. Roy R. Pollard. Sret Clarence E. Pond. Murray A. St,liar. Vincent S. Wheeler end Bayor Benton O. Dillard ................................. ?. ABSENT: None .................O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Ranager. Mr. James N. Mlncau Assistant City Attorney. end Mr. J. Robert Th,nas. City Auditor. IN¥OCAT~ON: The meeting was opened with a prayer by the Reverend C. B. Pierson. Chaplain~ Veterans Administration Hospital. MINUTES: Copy of the minutes of the regular meeting held on #onda~. February 15. 1965. having been furnished each member of Council. on motion of Mr. St,liar. seconded by Mr. Nheeler and unanimously adopted, the reading thereof nas dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: GARBAGE REMOVAL: Pursuant to notice of advertisement for bids on Item No. 1. covering five refuse bodies, rear loading type. minimum capacity 16 cubic yards; Item No. I (Alternate). covering five refuse bodies, cylindrical type. minimum capacity 18 cubic yards; and Item No. 2. covering two refuse bodies0.cylindrical type. minimum capacity 16 cubic yards, said proposals to be received by the City Clerk until 1:30 p.m.. Monday. March 8. 1965. and to be opened at 2:00 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: Bidde~ Baker Equipment Engineering Company General Balding ~ Machine Company Municipal Sales Company Seal-Press, Incorporated Smith-Moore Body Company. Incorporated The Tidy Corporation Truck Equipment Corporation Item Not 1 $23,525.00 22,500.00 22,800.00 20,875.00 20,744.96 Item NO. Alternate Item Not .2 $17,000.00 19,257.50 (20 cu, yd.) $6,540.00 17,990.00 7,196.00 (18 cu, yd. Mr. St,lieF moved that the bids be referred to a committee composed of Messrso Vincent S. Wheeler, Chairman, Murray A. St,liar, Arthur 5. Owens and B. Cie 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 ~econded by Mr. Pond and unanimously adopted. 336 CITY GOVERNMENT-CLERK OF THE COURTS: Pursuant to notice of advertisement for bids on microfilming certain records and supplying certain microfilming equip- ment for the Office or the Clerk of the Courts, said proposals to be received by the City Clerk until lz30 p.mo, Monday, March 8, 1965. and to be opened et 2:00 p.m., before Council,,#eyor DJllprd asked Jf anyone bad,any questions about the adver- tisement, and no representative present raining any question, the Mayor instructed the City Clerk to proceed with the.opening of the bids; whereupon, the City Clerk opened and rend the following bids: Hall ~ McChesney, Incorporated - $18,450.00 Logan Gray, Incorporated - 16,079.50 Mann Film Laboratories, Incorporated - 12,28Y.04 Recordak Corporation - 13,028.00 Remington Office Systems - 11,893,73 Security Microfilm Service - 17,230.00 Technical Reproduction ~ Supply Corporation - 13,137.00 Alternate nl 11~209,50 Alternate n2 9,414.00 Hr, St*liar moved that the bids be referred to a committee composed of Remits, Murray A, Skull*r, Chairman, Walker R. Carter, Jr,, Arthur S. Owens. J. Robe Thomas and Rurray A, Foster for tabulation and report to Council, the City Attorney to prepare the proper measure accepting the proposal of the lowest responsible bidder, if the committee so recommends, The motion was seconded by Mr, Jones and unanimously adopted. OFFICE HOURS-POLICE DEPARTMENT: Mr. Arthu~ H. Crush, Jr., Chairman, Police Liai$o~ Committee, Fraternal Order of Police Associates. appeared before Council and reqs~sted that employees of the'Police Department be given holidays on the same basis as other city employees on a forty-hour work week. On mo{ion of Mr. St*liar, seconded'by Mr. Mheeler and unanimously adopted, the request was referred to the City Manager for study and report to Council. STREETS AND ALLEYS-STReET LIGHTS: A group of residents of Woodleigh Road, No W., appeared before Council, with Rt. Guy L. Deal acting as spokesman, and presented a petition signed by 21 residents, requesting that Moodleigh Road be reconditioned and blacktopped and that a street light be installed at Mast Side Boulevard and Moodleigh Road. In this connection, Mr. H. Cletus Hroyles, Director of Public Works, advised .that ~oodleigh Road has high priority on the street improvement program, that he will rebuild and resurface the street, but that blacktopping is out for this year, however, if the property owners will have curb and gutter installed in front of their hones the street will probably be blacktopped next year. On motion of Mr~. Jones, seconded by Mr. Wheeler and unanimously adapted, the requests were referred to the City Manager for study, report and recommeudation to Council. PETITIONS AND COMMUNICATIONS: POLICE DEPARTMENT: A communication from Mr. W. Frank Smyth, Jr., Director, Division of Corrections of the Department of Welfare and Institutions, 337 transmitting a report on an Inspection of the Police Lookup by the Division on February IS, 1965, wan before Council. On motion of Mr, Stoller, seconded by Mr. Jones and unenimously adopted, the costaunicatlon and report were filed, CITY JAIL~ A communication from Mr, W. Frank Smyth0 Jr., Director, Division of Corrections of the Deportment of Welfare and Institutions, transmitting a report on on inspection of the City Jail by the Division on February 15, 1965, was before Council. On motion of Mr. Stoller, seconded by Mr. Jones and unanimously adopte4, the communication nad report were flied. : ROUSING-SLUM CLEARANCE: The following communication from the City of Roanoke Redevelopment and Housing Authority with regard to payment in lieu of taxes for ~he fiscal year ended September 30, 1964, wes before Council: "#arch 2, 1965 Honorable Mayor ODd Members of City Council City of Roanoke Roanoke, Virginia Gentlemen: Under the Cooperation Agreement between this Authority and the City of Roanoke, the Authority shall make a payment in lien of taxes to the City each fiscal year in an amount which is ten percent of shelter rents from its Lansdowne Park and Lincoln Terrace Housing Projects. The full omonnt each year of such payments since completion of the projects has been credited against the cost Of off-site lmprovementa which were paid by the Au~hority,during construc- tion in 1952. The attached schedule indicates the application of such payments as credits to the off-site improvement costs. The payment in lieu of taxes for our fiscal year ending. September 30, 1964 totals $17,576.19. Of this amount, $7,213.49 was sufficient to liquidatethe remaining site improvement costs, leaving $10,362.?0 to be paid to the City of Roanoke. It i~ with great pleasure that we enclose our check in thc amount of $10,362,?0. Very truly yours, S/ Russell R. Henley Roasell R. Henley Executive Director" Mr. Stoller moved that the check be transmitted to the City Auditor and t~at the communication be filed. The motion was seconded by Mr. Pollard and unanimously adopted. STREETS AND ALLEYS: A petition from Mr. James E. Huckholtz, Attorney, representing abutting property owners, requesting that certain remaining portions of Roy Drive, S. W., and a certain unnamed street intersecting said Roy Drive shown on the Map of Section NO. 1, Southern Hills, be vacated, discontinued and closed, was before Council. Mr. Stoller offered the following Resolution appointing viewers and referring the request to the City Planning Commission: 338 (016311) A RESOLUYION providing for tke nppolotoeot of fiv~ viewers io connection with the application of the abutting landowaers to permanently vacate, discontinue and close certain remaining portions of Roy Drive and · certain unnamed street Intersecting said Boy Drive shown on th~ #ap of Section No, 1, Southern Hllls,.of record In.the Clerkts Office of the Circuit Court of Roanoke County, Virginia, in ;lot Rook 3, page 16,' . .(For full.text of Resolution, see Resolution Rook No, 28, page Tn,) Mr, St*lief moved the adoption of the Resolution. The motion mos seconded by Mr, Fond and adopted by the following vote: AYES: Messes, Garlnnd, Jones, Poll*rd, Pond, St*lief, Nh*clef and Moyor Dillard .......................... 7. NAYS: None .................. Oo STREETS AND ALLEYS: A petition from Mr. Frank E, Sounders, Attorney, representing the Roanoke Hospital Association, requesting that certain portions of was before Council. {n16312} A RESOLUTXON providing for the appointment of five viewers in Rayor Dillard .................. NAYS: None .................. 339 from Jefferson Street around the present parking area of the hospital near the Crystal Spring Reservoir to connect with tk~ northerly portion of Lake Street remaining open. ' Mr. St*lief moved that the question of relocating Hell,view Avenue and Hamilton Terrace nnd conveying land for the construction or an ambulance and service drive be referred to the City Manager for study and report to Council. The motion was seconded by Mr. #heeler and unanimously adopted. ZONING: A communication from Mr. Millls H. Anderson. Attorney. represent- ing Mr. Roy R. Pollard. Jr.. requesting that property located on the north side of Melrose Avenue. N. U** between Eighteenth Street and Nineteenth Street. described as Lot 12. Block 66. Melrose Land Company. Official Tax No. 2522111. he fez*ned from Special Residence District to Business District. was before Council. On motion of Mr. St*lief. seconded by Mr. Jones and unanimously adopted. the request Mas referred to the City Planning Commission for study, report and recommendation to Council. ELECTIONS: A communication from Mr. T. Howard Bayer. Chairman of the Electoral Board. pointing out that Section 9. Chapter 2. Title IV. of The Code of the City of Roanoke, 1956, establishes the voting place in Jefferson Precinct No. I on the north side of Highland Avenue, S. W., between Third Street and Franklin Road, that No. 4 Fire Station has been mold and is no longer available for a voting place, and requesting that the City Code be amended to establish the voting place in Jefferson Precinct No, I on the south side of Bullitt Avenue, 5, E.. between Jefferson Street and First Street, ia order that the Bullitt Avenue entrance of the Roanoke Public Library may be used for this purpose, was before Council. Nv. St*lief moved that Council concur In the request of the Electoral Board 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 OF OFFICERS: BBDGET-AIH POLLUTION CONTROL: The City Manager submitted a written report advising that $255 was included in Other Equipment - New under Section 364, waif Pollution Control,# of the 1965 budget, and recommended that since this item is not needed it be deleted from the budget and that a shelter for a Hi-Vol Sampler, voltage regulator and fl*mm, tar in the total amount of $125 be added; also, that the remaining $130 be transferred to Operating Supplies and Materials. Mr. St*lief moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~16313) AN ORDINANCE to amend and reordaia Section m64, NAif Pollution Control,' of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 28, page 61,) Mr. St*liar moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: 340 AYES: Ressrs. Garland, Jones. Pollard, Pond, Stnlle£, Mheeler and Mayor Dillard .......................... ?, NAYS: None ..................O, BUDGET-PAY PLAN: The City Manager submitted the following report, recommending that he be authorized to fill certain vacancies in various municipal departments since they are of au emergency nature: 'Roanoke, Virginia March 8, 1965 To the City Council Roanoke, Virginia Gentlemen: The following employees are needed for the efficient operation of the City: Library - I Library Assistant II, Group 16 Public Welfare - I Cnsenorker, Group 10 Water Department - Tractor Operator I, Hourly, Grade 6 Crewman !, Dourly, Grade 9 Pumping Station Operator, Monthly, Group 13 Maintenance of City Property - 2 Janitors 1, Group 20,' Step 1 Refuse Collection and Disposal - 7 Disposal Laborers, Group 10, Step 1 I Dump Trucher,'Croup ?, Step 1 Street Cleaning - I Laborer,' Group 10, Step 1 Street Repair - 5 Street Grew Helpers, Group 9, Step 1 Sewer and Drain Construction - 1 Street Grew Helper, Group 9, Step 1' Sewer Maintenance - I Street Crew Helper, Group 9, Step 1 Engineering Dept. - ! am attaching a letter from Mr. Milliam F. Clark, City Engineer, requesting that Mrs. Rosemary Craighead be reclassified from Secretary II. Croop 14 to Secretarial Technician, Croup IR, or as an alternate that #r$o Craighead be stepped up to Step 4 In her present position. One Draftsman, Group 10 Respectfully submitted, S/ Arthur S. Owens City Manager" In this connection, Mr. H, Cletus Hroyles, Director of Public Norks, appeared before Conncil and explained the necessity for reclassifying the Secretary II, Croup 14, to a new classification of Secretarial Technician. Group After a discussion of the matter, Mr. Stoller moved that Council concur In the request and that the City Attorney be directed to prepare the proper measure amending the Pay Plan to provide for the new classification of Secretarial Technlcil under Group 12. The motion was seconded by Mr. Garland and adopted, Mr. Jones and Mayor Dillard voting no, Mr. StollCr then moved that Council Concur in the recommendations of the City Manager with regard tb filling vacancies 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. 341 PARKS AiD FLAYORODNDS: The City Manager submitted n written report, advising that the Roanoke Transportation Museum Committee has offered four boats to be used on Roanoke River in the vicinity of the Transportation museum, that the insurance on each boat is $51.30 per year, that It mould require one mnn to operate them mbo should be a trained life guard and the construction of a pier, and that the Transportation Museum Committee mould like the concurrence of Council in the operation of these boats on Roanoke River if the tests prove satisfactory. Mr. Jones moved that the matter be referred to the City manager for study with the Director of Parks and Recreation and to report back to Council math his [recommendation. The motion mas seconded by Mr. Pollard and unanimously adopted. PARKS AND PLAYGROUNDS-GARSACE REMOVAL: The City manager submitted a written report, advising that lo the modernization of the City Incinerator damages were done to the glass by the Star City Steam Cleaning Company in the amount of $267 nhich was repaired and replaced,by the Salem Glass Company, that the insurance agent for the Star City Steam Cleaning Company made the check for settlement of the claim payable to the City of Roanoke rather than the Salem Glass Company, and recommended that he be authorized to accept the check and sign a release of the claim for damages and that the City Auditor be authorized to issue a check payable to the Salem Glass Corporation in a like amount of $267. 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 nnaninously adopted. AIRPORT: The City Manager submitted a written report, recommending the purchase of a 4.47-acre tract of land from Robert L, and Lo*tie S, Hawkins for the sum of ~23,500 in connection with providing a clear zone at the north end of Runway 15-33 at Roanoke Municipal (Moodrum) Airport. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (m16314) AN ORDINANCE directing and providing for the acquisition of a certain 4.47 acre parcel of land in Roanoke County, necessary for municipal airport purposes in connection with Airport Projects q-44-012-6414 and 9-44-012-6415; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 28, page ar. Stoller moved the adoption of the Ordinance. The motion mas seconded by Mr, Pollard and adopted by the follomlng vote: AYES:. Messrs. Garland° Jones, Pollard, Pond, Stoller, Rheeler and Mayor Dillard .........................T. NAYS: None ................ O. POLICE DEPARTMENT-FIRE DEPARTMENT: The City Ranager submitted the follomi report on changes in personnel of the Police Department and the Fire Department for the month of February. 1965: 342 'ionnoke, Virginia March 8, 1965 To the City Council Ronnoke, Vlrginio Gentlemen: I nm presenting to you the changes In the personnel of the police and fire department during the month of February, 1965. *Police 'The following mere sworn in ns police officers during the month of Februaryt 1965: Mr. Lewis E. Logwood, Jr. 1013 Humbert Avenue, S. NFo Dexter L, Mitchell 4323 Longwood Avenue, Mr. Robert N. Foster, Jr. 105 13th Street, $. Mr. £enneth E. Pefldleton, Sr. 2412 Mansfield Street, Mr. George F. Dyer, 18~8 Bellevllle Road, tA clerk-stenographer was hired February 16, 1965. Miss JeFi L. Reynolds 1516 Maiden Lane, S. W.' tFire 'During the month of February 1965 the following personnel changes were made within the Fire Department: Appointed: One (1) *As of this date the Fire Department has no vacancies, a total of 179 men.t Respectfully submitted, S/ Arthur S. Owens City Manager" Oo motion of Mr. Stoller, seconded by Mr. Pond and unanimously adopted, the report was filed. PURCHASE OF PROPERTY-PARES AND PLAYGROUNDS: The City Manager submitted the following report with regard to the purchase of property from Mr, M. L. Strauss for park purposes: "Roanoke, Virginia Narch 8, 1965 TO the C~ty Council Roanoke, Virginia Gentlemen: On the 4th da~ of May, 1964t b~ Resolution No. 15766, you authorized the purchase of 11.1 acres of land from Mr, M, L, Strauss and directed that I attempt to secure a 30 percent grant under the Open Space Division of the Housing and Home Finance Agency. A City Council Committee recommended to Council and mas accepted by Ordinance No. 15765 dated May 4, 1964, the proposal to accept Mr, Stausst generous offer for certain land and agreed to purchase the other for a sum not to exceed $21,000, Mr. Strauss has now installed sewer lines and anticipates completing his part of the agreement in the subsequent months. 343 I mould like to recommend that you refer to the Budget Commission for its inclusion in the 1965-66 badger the sum of approximately $42t750 to carry out the Cltyes commitment as outlined In the Ordinance. Respectfully submitted, S/ Arthur S. Omens City Manageru Mr. Stoller moved that Council concur in the recommendation Of the City Monager and that the matter be referred to the Rudget Commission for inclusion of the sum of approximately $42,750 in the budget for the fiscal year 1965-66. The motion was seconded by Mr. Garland and unanimously adopted. The City Manager then verbally recommended that Council adopt a Resolutlot modifying and amending Resolution No. 15766 with regard to the filing of an appli- cation with the flousing and Roue Finance Agency for a 9rant. Mr. Stoller moved that Council concur in the recommendation of the Manager and offered the following Resolution: (#16315) A RB$OLDTION directing the filing of application for grant to acquire certain Open-space Land. (For full text of Resolution, see Resolution Book No. 28, page 84.) Hr. Stoller moved the adoption of the Resolution. The motion was seconde by Mr. Kheeler and adopted by the following vote: AY£$: Messrs. Garland, Jones, Pollard, Pond, btolleF, Nheeler and layor Dillard .......................... 7. NAYS: None ..................O. BUDGET-BEFARTRENT OF PUBLIC WELFAR£: Council having referred to the City Manager for study, report and recommendation a request of Mr. L. F. Bankinso Burplu: Commodity Clerk in the Department of Public Welfare, that an employee be paid $38 for work performed at the Commodity Distribution Center, the City Manager submitted a written report, advising that he cannot recommend the payment as requested. Mr. Stoller moved that Council concur in the report of the City Ranager. The motion wan seconded by Rt. Rheeler and adopted, Mayor Dillard voting no. CITY AUDITOR: The City Auditor submitted a financial report of the City of Roanoke for the month of January, 1965. On motion of Hr. Stoller, 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. D. R. Rllliams~ et al** that property located on the east side of Hain Street. S. W., between Nelton Avenue and Nlndsor Avenue, described as Lots I and 2, Block 10, Stratford Court, Official Tax Nos. 1250201 and 1250202, 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. N. Courtney King, Jr., Attorney, representing the petitioners, requesting a public hearing, was before Council. 34'4 Hr, S~oller moved that · public bearing on the mot·er be keld nt 2 p,·,, April 12, 1965. The motio~ nas seconded by Hr. Wheeler h~d'uuus~monsly adopted. STREETS A~D ALLEYS: Council having rbfereed to the Clt~ Planning Con- mlssio· for study0 report o'nd recommendation · request or 24 proper·l owners thc· au ·lief between Llvlngsto~ Road and Woodiaun Arcane, $. ¥.o extending tm· GeRm, Street to Gall·ced Arcane; also, un alley extending from Livingston Road to the above ·Iici, he vacated, discontinued and closede the City'Planning Commission submitted u written report, recommending that the request be grunted. Mr. Jones moved that u copy or the report or the City Planning Commission be forwarded to the property onners with the suggestion that they folloM the procedure required by law to vacate, discontinue and close public alleys. The motion was seconded by MF. Stoller and unanimously adopted. REPORTS OF COMHITTEES: LIBRARIES: Council having referred to the Raleigh Court Branch Library Co·mi·tee for its information a communication ~rom the Roanoke City School Board, expressing the belief that the opinion of architects that the area southwest of the Avenel Avenue entrance to the Shrine Hill site would be a logical location for the proposed new'Raleigh Court Branch Library rather than the recommended location of this library between Avenel Avenue and Laburnum Avenue on the'~hrine Hill site should be given due consideration, the committee submitted the following report: 'PurSuant to nntion duly seconded and adopted at regular meeting of Council March 1, 196~ to consider a communication from the Roanoke City School Board, the co·mi·tee met on March 4, 196S and adopted the following recommendations: 1. Recommend that the Raleigh Court Branch LibraFy be located as previously recommended by this committee and adopted by Council in Ordinance ~16277. 2. Recommend that Ordinance ~16277 be amended to specify that the general location of the library be between Laburnum Ave. and Avenel Ave. on the south side of Grandin Road. On other nat·ers brought before the committee the committee adopted the follouing recommendations: 1.Recommend that Ordinance =16277 be amended to include super- vision of construction by the architect. 2. Recommend that Council direct the City Clerk to request that the Budget Co·mission consider including the amount of $105,100 in the 1965-66 Capital ~udget. S/ Robert At Garland Robert A. Garland, Chairman ~[ James E, Jones · James E. Jones S/ Hurray A. Stoller Hurray A. Stoller ~! Sidney P~ ~hockle¥ Sidney P..Chockley S/ Elisabeth H, DFewry Elisabeth M. Orewry S/ Evans O~ flessee Evans H. Jessee S! Andrea H~ Thompson Andre· H. Thompsonu After a discussion of the matter, Hr. Pollard moved thor action on the recommendations of the committee be deferred until the next regular meeting of Council and that the committee be requested to sehBl~ n pla~ shoming the location Of the proposed hem Releigh Dour, Breach Library in relation to the Master Develop- ment Plan for ShrlM Bill Park, Theme,ion sas seconded by Mr. Nheeler and adopted. Meyer Dillard voting no, UNFINISHED BUSINESS: NON~. CONSIDERATION OF CLAIMS: NONE. INYRODUCTION AND CONSIDERAYlON OF ORDINANCES AND RESOLUTIONS: ZONING-ANNEXATION: Ordinance No. 16298. zoning the Edgehlll and Peakmood Drive areas recently annexed to the City of Roanoke, having'previously been before Council for its first reading, read and laid orer, mas*again before the body, Mr. Stoller offering the following for its second reading and final adoption: (~16298) AN ORDINANCE to amend and reordain Title IV. Chapter 4, Sec. 1, of The Code of the City of Roanoke, !Q$6, In relation to Zoning, by classifyin9 all of the properties and areas annexed by the City of Roanoke as of midnight, December 31, 1964. (For full text of Ordinance, see Ordinance Book No. 28, page 77.) Mr. 5toiler moved the adoption of the Ordinance. The ~otion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pood, Stonier, Wheeler and i Mayor D illord ......................... 7, NAYS: None-~ ............... O. TAXES: Ordinance No. i6310, providing for the codification of Ordinance No. 16225, gran%ing a tax credit to owners of real estate over 65 years of age with a gross income of less than $2,000 per year, into The Code of the City of Roanoke, 1956, having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Stoller offering the following for its second reading and final adoption: (nlS310) AN ORDINANCE directing the codification of Ordinance No. 16225 providing a certain tax credit as to property taxes imposed upon real property in the City for certain persons who are sixty-five years of age or over upon certain terms and conditions, into The Code of the City of Roanoke, 1956. BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 16225, adopted on the Z5th day Of January, 1965, providing a certain tax credit as to property taxes inposed upon real property in the City, for certain persons who are sixty=five years of age or over and relating generally to the terms and con- ditions of any such tax credit and to the time it may be granted and to the manner in which it is applied for and granted, consisting of twelve lettered sections, lettered (a) through (1). inclusive, be, and said ordinance is hereby codified into The Code of the City of Roanoke, 1956, and into Chapter 1, Title VI, thereof, relating to Current Taxes, the provisions of said ordinance to be numbered and captioned Sec. 15. Tax Credit upon certain realty -- terms and conditions. 345 346 Hr. St,lief moved the ed,phial of the Ordlnenceo The motion mas seconded by Mr. Pollard end lost by the f,Il,ming vote: AYES: Messrs. Jones. Pollard end St,tier ............................. 3. NAYS: Nessrs. Garland, Pond. Mheeler nod Mayor Dillard ................4. PARRS AND PLAYGROUNDS-GARBAGE REMOVAL: Cooncil having directed the City Attorney to prepare the proper measure authorizing the City Manager to employ the services of Greeley and Hensen. Engineers. to provide plies end specifications amd to perform necessary engineering services in c,artec*ion with proposed aids to the fernace operation lad refuse storage and handling to improve the operations of the City Incinerator. and directing the City Manager to advertise for bids on the Y,the he presented same. In this connection. Mr. Pond read the following prepared statement= "Mr. Mayor. I should like to make a comment on the City incinerator. Last year. about mid-summer, the operation of the inciner- ator mas paFticalarly bad in that large pieces or paper. approximately 1o inches by 12 inches, ueFe floating out of the stack and settling around homes, starting grass fires, and around N~ shop facilities. This was discussed at City Council by Mai*er Young. and the City decided to close damn the facilities until some repairs could be made. This incinerator mas started up again in the fall. about November. and the operation appeared to be better. There was generally no smoke or large particles of burning refuse coming from the stack. Some work had been done to improve the crane operation and other details, but the overall operation~left much to be desired. Shortly thereafter. Council'arranged to employ the firm of Greeley and Hansen. Engineers. in Chicago. generally familiar with incinerator operation, to study our incinerator and give us a report. At the last meetingt we agreed to spend approxi- mately $60.000 on the incinerator to improve its overall operation, consisting of Improvements to the garbage pit. to the crane and to the fan and controls for the furnace section. From my office window I have n good view of the stack of the incinerator, and I have observed that. in general, the operation is better in that it does not emit black smoke or large particles of burning refuse. It does. however, emit some fly ash. Last week I had a call from Mrs. Ptlson of 1121 Dale Avenue. complaining about fly ash. and I paid her a visit and noted her complaints and those of her adjacent neighbors. I observed on Mrs. Pile,nfs porch some small particles of ~hite or grayish fly ash of the approximate size of a pinhead. Nhile I think that the modifications already agreed upon will further improve the efficiency and dependability of operation, me will have to wait to determine if these changes will improre the emission of fly ash from the stack which, under certain atmospheric and mind conditions, does affect citizens surrounding the incinerator, end citizens Jn the southeast section that are in close proximity to the stack. One of the ~M's retired employees. ~r. J. H. Hahn. has become interested in the operation of the incinerator and is giving ms some good suggestions for improvements. I believe it could be said that we are all trying to improve the lncJneratorts operation°" After a discussion of the matter. Mr. #heeler offered the following emergency Ordinance: 347 (n1631b) AN ORDINANCE relating to proposed alterations and additions to the City Incinerator; ood providing for na emergeocy. (For full text of Ordinance, see Ordinance Book No. 20, pone 85.) Hr. Mheeler moved the adoption or the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Yessrs. Garland, Jo*es, Pollard, Pond, St*lieF, Mheeler and Hayor Dillard .........................7. NAYS: None ................. O. Mr. Mheeler then offered the following emergency Ordinance transferred $20e000 from the Doz~ard Roch Lom Mater Bridge account to Incinerator under Section $170, 'Capital," of the 1965 budget, in connection uith the proposed alterations and additions to the City Incinerator: (z16317) AN ORDINANCE to anend and reordoin Section #170, 'Capital,' of the 1965 Appropriation Ordinance, and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 28, page 86.) Hr. #heeler moved the adoption of the Ordinance. The motion nas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*lief, hheeler and Mayor Dillard .......... ~ ..............7. ' NAYS: None ..................O. MOTIONS AND MISCELLANEOUS BUSINESS: RECREATION DEPARYNENT-PARKS AND PLAYGROUNDS: Council having authorized the employment of Jarvis and Stoutamire, Architects, to prepare requisite plans and specifications for the Northwest Civic Center to be located in Eureka Park, Mr. Jones, Chairman 'of the Northwest Civic Center Committee, advised that the plans and specifications have been prepared. In this connection. Messrs. James D. Jarvis and J~seph D. Stoutamire, Jr., presented the plans and specifications and displayed a model of the proposed civic center. Mr. Jones moved that the plans and specifications be filed uith the City Clerh for inspection by members of Council and that the civic center be known as the Eureka Park Recreation Center. The notion was seconded by Mr. 5toller and unanimously adopted. SCHOOLS:'Council having appointed a~ committee composed of Messrs. Janes E. Jones, Chairman, Roy R. Pollard, Sr., and Clarence E. Pond to uork with the Roanoke City School Board as to the feasibility of initiating certain education programs offered under the Ecbnomlc' Opportunity Act't Mr. Jones, advised that a study Of the Econqmic Opportunity Act indicates there are more phases than Just education, naming health, welfare and social services ~s examples, and invited the members of Council to attend a meeting on the matter at 2 p.m.', March 11, 1965. Mr. Pollard moved that the committee be continued and that the members of Council attend the meeting on March 11, 1965. The motion was seconded by Mr. Jones and unanimously adopted. 348 CIRCHIT COURT-LAM AND CHANCERY COURT: Mayor Dillard brought to the attention of Conon/l the matter of furnishing n rog Bud · typewriter oabioet for the Judge of the Circuit Court and the Judge of the Leu and Chaucery Court. Mr. Stoller moved that the matter be referred to the City Manager for an estimate of the cost, The motion was seconded by Hr. Rko*let and unanimously adopted, LIBRARIES: Mayor Dillard pointed out that there is a vacancy on the Roanoke Public Library Hoard crested by the resignation of Hr, Hubert So Leonard and called for nominations to fill the vacancy. Mr. SCalier placed in nomination the name of Jesse 7, Hoodoos, Mr. Garland moved that the nominations be closed. The motion was seconded by Mr, ~heeler and unanimously adopted, Mr. Jesse 7, Meadows mas elected as a member of the Roanoke Public Library Board to fill the unexpired term of Mr. Hubert S, Leonard ending June 30, by the follouing vote: FOR MR. HEAHOMS: Messrs, Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7, PERSONNEL DEPARYMEN7: The City Glerk reported that Messrs, Ralph Bowles, Jonas Go Ell*r, Jimmle B. Layman, Million A. Hartin and James M, Roe, Jr** hare qualified as members of the Personnel Board for terms of tug years each beginoiug March l. 1965. On motion of Hr. Stoller. seconded by Mr. ~heeler and unanimously adopted. the report oas filed. BUDGET-HOUSING-SLUM CLEARANCE-AHDIYORIUR-COLISEUH: Mr. Stoller offered th~ follouing emergency Ordinance transferring $6.0§0 from Section =167. ~ContJngencles. to Advance to the City of Roanoke Redevelopment and Housing Authority under Section alSO. 'Non Departmental.' of the 1965 budget, in connection with the purchase of a duelling at the southwest corner of Goortland Road and Orange Avenue. N. E.. in the Conmonuealth Redevelopment Project area. by the City of Roanoke Redevelopment and Housing Authority: (n1631H) A~ ORDIHANCE to an*nd and reordain Section =1§0. 'Non Depart- mental.' and Section #167. 'Coating,ncO,so' of the 196S Appropriation Ordinance. and provldin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 87.} Mr. SCalier moved the adoption of the Ordinance. The motion was seconded b~ Mr. ~beeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Mheeler and Mayor Dillard .............................. 6. NAYS: Hr. Stoller ...........I. meeting oas adjourned. · City Clerk APPROVED Mayor 349 COUNCIL, REGULAR MEETING Monday, March 15, 1965, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, March 15, 1965, at 2 p.m** the regular meeting hour, with Ruyor Dillard presiding, FBESEBT: Councilmen Robert A, Garland, Roy R, Pollard, St,, Clarence Pond, Murray A. Stoller, Vincent S, Mheeler and Mayor Benton O, Dillard ........... ABSENT: .Councilman James E, Jones ......................................1, OFFICERS PRESENT: Mr, Arthur S, Omens, City Manager, Mr. James N. Rincanon, Assistant City Attorney, and Mr, J, Robert Thomas, City Auditor, INVOCATION: The meeting nas opened with a prayer by the Reverend Archer, Associate P~stor, Melrose Baptist Church, MINUTES: Copy of the minutes of the regular meeting held on Tuesday, February 23, 1965, having been fuFnished each member of Council, on notion of Mr. Stoller, seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded, BEARING OF CITIZENS UPON PUBLIC MATTERS: MATER DEPARTMENT: Pursuant to notice of advertisement for bids on Contract "H", Tinker Creek Diversion, said proposals to be received by the City Clerk until 1:30 p.m., Monday, March 15, 1965, and to be opened at R:O0 p.m., before Council, Mayor Dillard asked if anyone had any questions about the advertisement, and flu representative present raising any question, the Mayor instructed the City proceed with the opening of the bids; whereupon, the City Clerk opened and Clerk to read the full.win9 bids: Lewis Construction Associates, incorporated - $' 929,419 James McHugh,Construction Company 1,068,000 M. L. Bailey ~ Company, Incorporated - .1,121,000 Mountain State Construction Company 1,190,000 LaFera Con*fac*in9 Company 1,253,075 Traylor Brothers, Incorporated 1,287,000 Oriscoll Construction Company, Incorporated 1,457,000 Co F. R. Construction Company, Incorporated .1.601,641 Roberts.n-Fowler Company 1,690.000 Mr. Stoller moved that the bids'be referred to a committee composed of ResSrSo Clarence E, Pond, Chairman, James E. Jones, Murray A. Stoller, Arthur S. Owens and 3osepb A. Brogan for tabulation and ~eport 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. STREETS AND ALLEYS: Pursuant to notice of advertisement for bids on paving'streets at various locations in the city, said proposals to be received by the City Clerk until 1:30 p.m., Monday. March lB, 1965, and ~o be ~pened at ~:00 p.m.~ before Council, Mayor Dillard asked if anyone had any questions about the advertiseme~, and no representative p~esent raj;lng any question, the Mayor instructed the City Clerk to p~oceed mith the opening of the bids; mhereupon, the City Clerk opened and the following bids: 350 Adams Construction Company - $134.383 Virginia Asphalt Paving Company. Incorporated - 139.$61 $. R. Draper Paring Company. Incorporated - 143.110 Mr. St,lief moved that the bids be referred to n committee composed of leasrso Roy B. Pollard. tr** Chairman. Vincent B, Mkeeler, Robert A, Garland and R. Cletus DroIles 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. Pond and unanimously adopted. DEPARTHENT OF PUBLIC MORKS-MUNICIPAL DUILDING: Pursuant to notice of advertisement for bids on painting the offices of the City Clerk. the La~ Library. the Police Department and the Municipal Court in the Municipal Building; the exterior of the Municipal Building Annex; the interior of the Juvenile and.Domestic Relations Court; the exterior of the Juvenile end Domestic Relations Court; the exterior of the City Home; the Mason Mill Road Dridge; the.exterior or the City Market; the exterior of the Preston Park Recreation Center; the interior of the Grandam Court Recreation Center; the interior of the Garden City Recreation Center; and several rooms in the Terminal Building at Roanoke Municipal (Mo,drum) Airport. with an alternate lump sum bid on the eleven items, said proposals to be received by the City Clerk until 1:30 pom.. Monday. March lB. 1965. and to be opened at 2:00 p.m** before Council. Mayor Dillard asked if anyone had an7 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 A. Item B. Item C. Item D. Item E. Ite~ F. Item G. Item Bo Item I. Item J. Item K. Total Alternate L, R, Brown, Sr, . Hodges Lumber N, B, Salmon K, B, Paint Company Corporation & Sons Williams $ 1,?74.00 $ 1,949.00 1,045o00 1,2Bb. O0 $ 1,614.00 3,136.00 3,324.00 1,047,00 1,246.g9 694.00 1,189.00 1,302.34 1,924.30 $1,467.50 ,1,495.00 1,biB. 23 2,470.50 2,640.00 2,841.01 1,100.60 1,246.00 ~ 602.00 643.00 685.50 783.00 565.00 631,01 985,00 590.00 '1,467,00 1,566.00 1,441.80 1,449,00 1,292.00 1,413.00 980.00 B69,50 16,252.00 17,820.58 12,095.70 6,407.00 16,000,00 17,620,58 Mr. Stoller moved that the bids be referred to a committee composed of Nessrs, Vincent So Mheeler, Chairman, L,' O. Harvey and Bue~ord 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. Garland and unanimously adopted, ZONING: Council hayom9 previously set a public hearing for 2 Monday, March 15. 1965, on the request of Messrs. Lloyd G. and Gayle E. Naff that property located on the northwest ~orfler of ~elrose ~veflue add VJewmont Street, N. Mo, described as Lots 25 and 26, Viewmont, Official Tax No0'2660515, be rez~ed from General Residence District to Business District, the matter was ~efore the body, 351 In this connection0 the follomlng communication from the City Planning Commission, recommending that the request be denied, mas before Council: #January 29, 1965 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: At its regular meeting'of January 20, 1964, ,the City Planning Commission considered this resuming request. It mas learned from the attorney Of the petitioners that It is intended to use the property for business purposes and to make such improvements as blacktopping the entire property. It was also understood that the proposed commercial use is for a used car lot. The petitioner also contended that the subject property is located on a heavily trafficked thoroughfare and that the property located adjacent to the west is already zoned for business purposes. Due consideration was also given to the objections of several property owners who live in close proximity to the subject property. Having duly made field inspection, the Planning Commission then considered the pertinent aspects of city planning and zoning and determined that the subject property is an integral part of a residential area extending in a northerly and easterly direction along Melrose Avenue. Since the proposed commercial use would not be compatible uith the existing residential use and, indeed, be detrimental, the Planning Commission recommends to City Council that this rezonin9 request be denied. Very truly yours, S/ ~erner K. Sensbach for Henry H. Boynton .Chairman' Mr. Charles H. Osterhoudt, Attorney, representing the petitioners, appeared before Council in support of the request of his clients, Mr, Osterhoudt contending that the rezoning of the above property for business purposes will not depreciate the value Of residential properties in the area since their value has already been depreciated by the previous rezoning of nearby land on Melrose Avenue for business purposes, that if the lots owned by his clients are rezoned a used car lot will not be operated thereon, but something such as a professional buildin9 will be erected instead, that the entrance to the building will be from Melrose Avenue and not fro~ Vtewmont Street, that the property in question is not considered a good investment for residential purposes. , Mr. A. L. Andrews appeared before Council and presented a petition signed by 18 residents of the area, opposing the request for rezoning, Mr. Andrews stating that their homes are in good repair and they want to prevent further depreciation of the value of their property. After a further discussion of the matter~ Messrs, Pollard and Pond pointin oat that all property fronting on Melrose Avenue will eventually be zoned for business purposes and that if the petitioners for rezoning had definite plans for a desirable type of business ,they might be inclined to favor the rezoning, Mr. Stoller 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. Garland and unanimously adopted. 352 ZOMING~ Council having previously set a public hearing for 2 Ionday, March 15, 1965, om the.request of Hr, E, Co PaceeSr,, et ux,, that a 15,68- acre tract of l~nd located on the north side of Persinger Read and the east side of Brambleton Avenue, S, M** designated as Official Tax Mo, 1260214, be fez*ned from General Residence District to Special Residence Dlst'rJcl, the matter mas before the body. In this connection, .the following communication from the City Planning Commission recommending that ~he request for*fez*ming be den*fed, mas before Council: "February 4, 1965 ~he Honor'able Benton O. Oillsrd, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The City Planning Commission considered this rezoning request at its regular meeting on February 3, 1965. This request,had been carried over from a previous meeting at which time evidence had been heard from the developers of this tract of land, as well as the opponents of the fez*ming request, It was learned that the .prospective developers of this parcel of land intend to erect a complex of five-story structures to house 220 elderly families, The apartments would be owned by individuals under a system generally referred to as condominium ownership, Letters from public officials indicated that this development would cause no problem~ in regard to traffic generation and sewer service, Signaturesof 284 citizens were received to indicate their objections to the proposed project. In studying this request, the City Planning Commission found that the parcel under consideration is bounded on four sides by single family development. .The strlc~ application of zoning principles indicates that single-family use should also apply to the subject property. After having made field inspection and after careful consideration of all planning and zoning principles. the City Planning Commission concluded that the proposed resuming of this property for high density residential use would be detri- mental to the existing single-family development, The City Planning Commission, therefore, recommends to City Council that this request for rezooing be denied. Sincerely ~ours, 'S/ Werner £. Sensbach for B. N, Eubank Vice-Chairman" Mr. Walter M, Wood, Attorney, representing the petitioners, appeared befoz Council in support of the request of his clients, Hr. Wood explaining that The Wilcher Corporation ~f Virginia desires to develop the property, that the tract of land is an eyesore as it is and that the petitioners sincerely believe t~e proposed development would enhance the value of surrounding single family dwellings. Mr. C. Grattan Lindsey, Jr., representing Regional Real Estate Services, displayed maps showing the tract of land in its relationship to surrounding areas. Hr. Randolph W. Frantz. Architect, displayed a plot plan sketch and a perspectiv? view of the proposed apartment development, Wr. Frantz describtn9 in detail the features of the proposed apartments and reading excerpts from commanica- tions from various experts to the effect that the condominium apartments would enhance the neighborhocdt would not affect the value of surrounding residences, would not pollute the air because of the type of incinerator proposed to be install* would not overload existing sanitary sewer lines and would not create truffle congestion. 353 Colonel Eugene Ge Cooper stated that he has Just returned to Roanoke after an absence of 39 years and that the condominium apartment is Just the thing he is looking.for, Approximately 75 residents of the area appeared before Council ia opposi- tion to the request for rezonlng, mlth Mro Ernest M. flallou, Attorney, acting as spohesman, Mr, Ballou presenting petitions signed by approximately 293 residents in the vicinity of the tract of land proposed to he rezoned, asking that the reques~ be denied on the grounds that tbere should be no spot zoning, that it is their understanding the proposed new Zoning Ordinance provides that the tract of land be zoned as General Residence District, that it is considered poor zoning practice to put a building complex in the center of a single-family dwelling area, that the property in question is ideally situated for additional single-family dwellings and rearing of children in that it is in close proximity to schools and parks, that the proposed apartment development would tend to depreciate the value of single- family residences in the area, that the building complex would create various traffl problems and that the incinerators in the proposed complex would create a health hazard. Mr. Hallou also presented a petition signed by 40 property owners, representing more than 20~ of the owners of the land immediately Jn the rear Of or directly opposite to the tract of land requested to be vezoned, objecting to the proposed vezoning, Mr. Ballon contending that a number of people would like to purchase portions of the tract of land for single-family dwellings and that the entire matter resolves itself to the question of what is the highest and best use faf the community as a whole, not just one property owner. Hr. Paul A. Bayers advised that questionnaires were mailed to 98 cities with 100,000 to 300,000 population regarding condominiums in their area. that 68 replies were received, of which numbeF IZ have condominiums, and that only two of the 12 cities allow condominiums in single-family dwelling areas. Mr. Bayers presenting the results of the survey. Speaking in opposition to the request for rezontng were Dr. Daniel Leavit Mr. George T. Hitch, Mr. Nilliam Aa Hardman, Mr. Andrew D. Craig, Mr. Stanley W. Welch and Hr. David E. Lash. . After a further discussion of the matter, Mr. Pollard stated that he feels the question is very important to both sides, that he does not think Council should make a hasty decision, that a full membership of the body should be present when a decision is made, and moved that the public hearing be continued until 2 p.mo, Monday, March 22, 1965. The motion was seconded by Mr. Pond and unanimously adopted 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 February, 1965, mas before Council. On motion of Mr. Nheeler, seconded by Mr. Pond and unanimously adopted, the communication was filed. '354 BUDGET-HOUSING-SLUM CLEARANCE-ADDITOHIUH-COLISEUM~ Coencil at its last regelar meeting haelng appropriated $6.050 Il conaectioa mitb the parchsse of a dmellleg at the scnthmest coraer of Coertlend Road lad Orange Avenae, No E,, Il the Commonwealth Hedeeelopmeat ProJect area, by the City of Houaohe Redevelopmeat lad Housing Authority, a Communication from Hr. Tom Stockton Fox, Attorney, reoresentln the Redevelopment and Housing Authority, setting forth In detail the fac~s con- cerning the purchase, las before the body, Mro Fox explaining that under the requirements of the agreement with end the regulations of the Urban Hen*mai Admini- stration the Authority can only pay the appraised value of the house in the amount of $6,450 and return a deposit of $1,500, repr~sentlu9 the purchase price of the lot, but that. the owners of the house are demanding $14,000 in exchange for all interests Jn said property, and toques*in9 that Council adopt the necessary Resolutio~ authorizing the City Auditor to advance unto the City of Roanoke Redevelopment and Mousing Authority the sum of $6,050 lu order that the Authority may secure a quit-claim deed from the owners of the dwelling. Hr. [heeler moved that Council concur in the request of the City of Roanoke Redevelopment and Mousing Authority and offered the following Resolution: (~16319) A RESOLUTION authorizing the City Auditor to advance unto the City of Roanoke Redevelopment and Mousing Authority the sum of $6,050.00, (For full ~ext of Resolution, see Resolution Hook No, 28. page OH.) Hr. Nbeeler moved the adoption of the Resolution, The motion was seconded by Rro Pond and adopted by the following vote: AYES: ~essrs. Garland, Pollard, Pond, ~heeler and Hayor Dillard ....... NAYS: Hr. Stoller ........................ ~ .......................... 1. (Mr. Jones absent) SCHOOLS: Council at its meeting on November 23, 1964. having adopted a Resolution expressin9 its conditional willingness to convey to the University of Virginia a ~S-acre. tract of land on the west side of Colonial Avenue, S, W.~ for use of the Roanoke Center of the University of Virginia. a communication from Dr. Edgar F. Shannon, Jr., President of the University of Yirginia. expresstn9 apprecia- tion for the interest and support of Council and advising that the action of the. body has permitted the University of Virginia to include in its capital outlay requests to the Governor of Virginia for the 1966 biennium the sums of $3S.000 for a master site plan for the Center. $11~.300 for land improvement and preparatJon~ and $697,666 for cons*ruction of the first building; also. in. long=range capital out,'ay projections, $220,240 for a library and $33?.03? for another classroom building for the 1968 and 1970 biennia, respectively, was before Council,.Hr, Shannon stating that it is very much hoped these necessary sums will be appropriated at the.next regular session of the General Assembly, On motion of Rt. Stollere seconded by Hr. Pollard and unanimously adopted, the communication was filed. NFo Stoller then moved*hat the City Attorney be directed to prepare the proper measure endorsing tho proposed program of the University of Virginia to the General Assembly. The motion was Seconded by Mr. Garland and unanimously adopted. 355 PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: A communication from. Mr. Alvin R. Ball, suggesting that the City of Roanoke consider the use of a mobile garbage and trash incinerator ns a solution to .Its problem of garbage and trash disposal, was before Council, On motion of Mr, St*lief, seconded by Mr. Pollard and unanimously adopted, the communication mas flied, REPORTS OF OFFICERS: BUDGET-STATE BIGBRAYS: The City Manager submitted a mritten report, advising that Council has previously appropriated $9,100 for two storm drain and street construction projects to be accomplished by the state in connection with Interstate Route 581, but that the final cost of the projects amounted, to $10,442.40 and recommended that $1,342.40 be transferred from unexpended balances in Section $170, 'Capital," of the 1965 budget to cover the additional cost. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~16320) AN ORDINANCE to amend and reordain Section ~170, *Capital,* of the 1965 Appropriation Ordinance, and providing for an emergency. (Forfuil text of Ordinance, see Ordinance Book No. 28, page -. Mr. St.lief moved the adoption of the Ordinance. The motion was seconded by Mr, Garland and adopted by the following vote: AYES: Messrso Garland, Pollard, Pond, St*lief. Mheeler and Mayor ~illard .......... ~ ....................... NAYS: None ....................O. (Mr. Jones absent) JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager submitted a written report, transmitting a reqoest of Judge M. J. Austin, Jr** that a petty cash fund in the sum of $100 be-established in the Juvenile and Domestic Relations Court. Mr. St. Ilar moved that Council concur in the request and offered the following Resolution: (~16321) A R~SOLUTION establishing a change fund in the Juvenile and Domestic Relatlons Court. (For full text of Resolution, see Resolution Book No. 28, page 89.) Mr. St*liar ~oved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, St*lief, Mheeler and Mayor Dillard ................................. NAYS: None--v .................O. (Rt. Jones absent) Mr, Stoller then offered the follnming emergency Ordinance transferring $100 from Section ~IGT, "Canting*mci, s," to Section =150, *Non Departmental," of the 1965 budget, for the petty cash fund: (u16322) AN ORDINANCE to amend and reordatn Section ~150, anon Depart- mental,~ and Section ml6?, 'Contfngencles,~ of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 28, page 89.) 356 · #rD Stoller moved the adoption of the Ordinance. The motion was seconded by ~r. Pond nod adopted by the follomiog vote: AYES: Massrs. Garland, Pollard, Fond, Stoller, Mheeler and Mayor Dillard ................................. MAYS: None ...........~ ........ O. (Mr. Jones absent) FAY FLAM-PERSONNEL DEFARTMEMT: The City Manager submitted a written report, transmitting requests of the Manager of the Mater Deportment and the Bellnquent Tax Collector mith regard to reclassifying and reevaluating certain positions In their departments, and suggested that the requests be referred to the Personnel Board for its consideration. HFo Stoller moved that Council concur in the suggestion of the City Honorer and that the requests be referred to the Personnel Board for its considera- tion. The motion was seconded by Mr. Mheeler and unanimously adopted. BUDGET-PAY PLAN: The City Manager submitted the following report, recommending that he be authorized to fill certain vacancies in various municipal departments since they are of on emergency nature: #Roanoke, Virginia March 15, 1965 To the City Council Roanoke, Virqinia Gentlemen: I am in receipt of two letters fromMiss Bernice F. Jones, Director of ~elf~re, and one from Dr. William h. Keel*r, Gum- missioner of Denlth, in which they request the replacement of personnel in th*Jr respective departments. You will observe that Hiss Jones would like to give l~ave of absences to two caseworkers and to use temporary employees in the interim. I recommend that you concur in both of Miss Jones' ~eque~ts. I am also attaching a letter from Mr, H. Cletus Broyles requesting authority to fill the following vacancies: Traffic Engineering & Communications: I Signalman Delper Group 6, Step 2 Sewer Maintenance: Sewer ~ Drain Construction: I Signalman II Group 2, Step 2 4 Disposal Laborers Group 10, Step 1 6 Disposal Laborers Group 10, Step I - 1 Dump Trucker IX Group ?, Step 1 2. Street Crew Helpers Group 9, Step 1 IGang Leader II Group 4, Step 5 . (see attached letter from Mr. Broyles) Respectfully submitted, S/ Arth{r S. Owens a City Manager" Street Cleaning: Refuse,Collection 6 Disposal: 35'7 Mr, St.lief moved that Council concur in the recommendatlona 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. Fond and unanimously adopted. STATE fllGHMAYS: The City Manager submitted the following report, recom- mending that a field office be established in connection mith the acquisition of rights of way for the Virginia Route 24 proJect~ #R,anode, Virginia March 15, 1965 To the City Council R,an,he, Virginia Centlemen~ In furtherance of several conferences with Department of Highways* officials both in Salem and Richmond, me have resolved a proposal that we believe mill expedite the securing of land for Project 24, Me have secured approval from the Virginia State Department of Highways to maintain a right of way office in a building that the City has purchased for Route 24 right of way. Me propose to locate Mr. Jack Garrett, our right of way engine*ri and a secretary in the building, all of uhich, plus necessary other expenses, are charged to the project, I believe this is an expeditious, economical and proper way to move this project to fruition, I recommend your concurrence in my proposal. The estimated coats will be as follows: Monthly Salary Right of May Engineer $420 Salary for Secretary II, Croup 14, Step 2 250 Telephone 20 Postage 5 Electricity 10 Mater 5 Stationery and Supplies 20 Miscellaneous 10 YOU will observe that I have placed these on a monthly basis in order to carry out to June 30 and create an annual basis after that time within the fiscal budget. Respectfully submitted, S/ Arthur S, Owens City Manager" Mr. St,lief 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. PLANNING-MATEM DEPARTMENT: Council having referred a recommendation of the City Manager that a study be made of future water needs of Roanoke Valley to the Roanoke Valley Regional Planning Commission for conference with the Administrators of the Valley, the City Manager submitted the following report: "Roanoke, Virginia March 15, 1965 To the City Council Roano~e, Virginia Gentlemen: In order that we may advance orderly planning in the Valley and provide assurance to the R,an,he Magi,ual Planning Commission that we are interested and concur in their fine work, I recommend that you adopt a resolution which would be effective July 1, 1965t whereby you commit the City to appropriate the sum of for the City*s portion Of regional planning. You will, observe that this proposal will cover a three-year commitment. 358 Lost ye*r, va* directed that I Bark mith the Regional Planning Cowwlssloo and others tomard providing adequate extent, the administrators of the Volley met ulth represent- naives of the Virginia Polytechnic Iostitute (~oter Research Iostitute) and hove uorhed out a tentative ogreewent mlth the . College to Bake the required mater study, mhleh would hove to be accomplished by the Regional Planning Commission under Federal ?01 fonds, I would like to urge your concorrence in wy suggestions and recommendation as the value of long-range pluaoiog for the Volley Is accentuated by the need for more mater and this proposed program mould indic*me mhere mater may be secured in relation to both quantity and quality. SubSequent steps mhlch would require leg*l, fioaoclul and engineering studies could be accomplished at a later date. Eespectfully submitted, S/ Arthur S, Owens City Eanager' 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 Er, Pollard and unanimously adopted, SALE OF PROPERTY-EATER DEPARTMENT: The City Manager submitted n mritten report, advising that a group of sportsmen is interested in purchasing the Smith Spring property to develop for trout fishing, Mr, Pollard moved that the matter be referred to a committee composed Of Messrs. Arthur S. Owens. Chairman. Randolph G. Nhittle. J. Robert ~homa$ and Roy E. Pollard. SF** for study, report and recommendation to Council. The motion DEPARTMENT OF PUBLIC MOnKS-STATE HICHNAYS; The City Manager submitted a written report, transmitting a communication from Lieutenant 6overnor Mills E, Godwin. Jr.. accepting an invitation to deliver the principal address on the occasi¢ of the dedi~ation of a portion of Interstate Route 01 and Interstate Spur Route 581 at 3:30 p.m~. May nO. 1965. On motion of Mr. St,lief. seconded by Mr. Pollard and unanimously adopted. the report was filed, SICNS: The City Manager submitted a written report, transmitting a request from Mrs. W. H. Flannagan. General Chairman. Color and Fashion for Living. that the Roanoke Council of Garden Clubs and the Junior League of Roanoke be permitted to install a banner across downtomn Jefferson Street advertising the Harvest Festival to be held September 15-18. 1965. Mr, St*liar moved that Council concur in the request and that the matter b referred to the Cl.t'y Attorney for preparation of the proper measure, ~he motion was seconded by Mr, Pollard and unanimously adopted, FEANCHISE5-C ~ P TELEPHONE COMPANY: The City Manager submitted a written report, advising that the franchise of Ihe Chesapeake and Potomac ~elephone Company of ¥trgtoia expires December 6. 1965. Mr. ~toller moved that the matter be referred to Council as a committee of the whole for study, report and recommendation, The motion was seconded by Mr, Pollard and unanimously adopted, ZONING: Council having directed the City Nanoger not-to issue a building permit, mi*hour the concurrence of Council, for *be construction of heavy industry in the area bordering un Shenandoah Avenue to the north, Luchett Street to the mest,, Thirtieth Street to the east and the Norfolh and ~estern Railway Company property to the south, hnoun as the ~'01d Trout Place,' pending a study by the City Planning Commission of rezoning of the area from Heavy Industrial District to Light Industrial District, the City Nonnger submitted the following report, recom- mending that the body rescind its action~ #Noanohe, Virginia March IS, 1965 To the City Council Roanoke, Virginia Gentlemen~ You received · petition from Nessrs, Mo Ho Grant, President of the Westwood-~ilmont Forms Civic League, Orburn R, Hloodworth, Jr** and others requesting that you hold up industrial building permits in the area bordering on Shenondoah Avenue to the north, Luck*t* Street to the west, Thirtieth Street to the east and the Huff*Ih and Restern Rollway Company property to the south, known as the *wOld Trout Place.e On the 8th day Of Notch, 196S, the Honorable Judge Richard To Eduards issued a Mrit of Randamus ~o RF. Lewis Leftwich, Building Commissioner, and the City Manager. in which we were adjudged. ordered and decreed that a baildin9 permit should be issued to Rr. Nilliam Hardie, III, for the construction ~ork. On March 10, 1965, at my~ instructions, Mr.~LeftwJch denied a buildin9 permit to Mr. £mmett R. Lindsey. in which he requested permission to construct o building of heovy industry type in the area described in your directive of February 24. 19h$, File $1. I believe that subsequent action by the Court will direct us to issue this permit, and I would like to recommend that you rescind your directive concerning tbe issuances of heavy industrial building permits in the area. Respectfully submitted, S/ Arthur S. Owens a City Manager" In a discussion of the matter** MF~ St*lieF stated it is his understandin that neither the City Manager nor the Assistant City Attorney appeared in court on behalf of the city uhen the appeal of Mr. Hardie was heard and that'he feels the city should have been represented in the case. The Assistant City Attorney stated that it mas his opinion the City Manager received a notice of the appeal, not a summons to appear in court, and that he advised the City Manager it was not necessary for him to appear. Rayor Dillard voiced the opinion that the Assistant City Attbrney should have consulted Council as to its wishes in the matter. Mr. MJlliom S. Houpt, President' of the Westwood - ~ilmont Farms Civic Leaga appeared before Council and voiced the opinion that the body should protect the citizens in that area and that they feel the city officials have let'them down, Mr. Haupt requesting that Council not rescind its previous action and take the proper steps toward rezoning the area before it is too late. 359 360 Mrs. M, F, Jennlngs appeared before Council, requesting that since the area seems doomed to accept cement plant.s, city dumps, and landfills, or anyt.hlng that is obnoxio#sto theotber sections of Roanoke, Council ask for a reassessment of the residential property in the Mllmont Farms and Signal Hill Subdivisions,. as mall as both sides of Shenandoah Avenue, N, M** because the citizens feel the value of their property bas been depreciated SO~ and Is steadily declining on account of heavy industry moving into the area. Also speaking in opposition to rescinding the previous action of Council mas Mr, Mo Ho Grant.. After a 'further discussion of the matter, MessFS. Stoller and Pond statin! that they hove looked at the tract of land in question and that t.hey do not see how it can be zoned for anything but industry, and the City Manager suggesting that if Council moats the ~ity Homager and the City Attorney to appear in court in connec- tion with the proceeding broug'bt by Mr. Lindsey it should let the matter remain in the statu's quo, bat Mr. Stoller voicing the opinion that in view Of the action taken by the court in the first proceeding brought by Mr. Rardie there is no use for the City Manager and the City Attorney to appear, in the second one, Mr. Pollard moved that Council rescind its previous motion directing the City Manager not to issue a building permit for the construction Of heavy industry in the above ar~a. The motion was seconded by Mr, Pond and adopted, Mayor. Dillard voting no, LAND~ARKS-MA~ER DEPARI~/F..NT: Council having previously deferred action on a Resolution authorizing lhe removal of the old brick pump house building at Crystal Spring with a view of ascertaining whether or not the building can be used for other purposes, the City Manager submitted a written report, advising that the interior of the buildin9 is almost entirely taken up by the pump, that to repair the building and keep the pump would require repairs at a cost of approximately $2,500, that if the pump were removed one wall would have to be torn down increasin9 the cost of repairs to approximately $6,000,, and that it is still his recommendation that the pump house be razed and the pump relocated. Mr. Stoller moved that Council concur in the recommendation Of the City Manager and offered the folloming Resolution: (316323) A RESOLUTION authorizing the removal of the old brick pump house building at Crystal Spring upon certain provisions. (For full text of Resolution. see Resolution Book No. 29, page gO.) 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, Pond, Stoller, Mheeler and Mayor Dillard ................................ 6. NAYS: None ....................On (Mr. Jones absent) STR£ET$ AND ALLEYS-SIRE£T LIGRTS: Council having referred to the City Manager for study, report and recommendation a request of residents of Roodleigh Road, No Mo, that Moodleigh Road be reconditioned and blacktopped and that a street 361 light be Installed at Mestslde Boulevard and Moodlelgh Road, the City Manager submitted · ~rltten report, advising that some preliminary work has been accom- plished at the crest of the kill and he believes this mill suffice for the present time; however, it ts his expectation to rebuild the street, in general, in the summer street improvement program and the work accomplished at the present time is merely temporary to,tide the residents over. Mr. St*liar moved that Council concur in the report of the City Manager. The motion mas seconded by Mr. Mheeler and unanimously adopted. The City Manager submitted an additional mritten report, recommending that a street light be installed at Moodleigh Road and Bestside Boulevard, N. ¥. Mr. St*liar moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (=16324) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light at the intersection of Roodleigh Road and Best Side Boulevard, 'N. (For full text of Resolution, see Resolution Book No. 28, page Mr. Stoller moved the adoption of the Resolution. The motion was seconde by Hr. Rheeler and adopted by the following vote: AYES: Messrs. Garland. Pollard. Pond. Stoller, Rheeler and Mayor NAYS: None ....................O. (Mr. Jones absent) ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. Charles D. Nelms, Jr** et al., that property located on the northeast corner of Melrose Avenue and Eighteenth Street. N. M** described as Lot 9, Block 57. Melrose Land Company, Official Tax No. 2221509, be resumed from Special 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. John D. Copenhaver, Attorney, representing the petitioners, requesting a public hearing, mas before Council. Mr. Stoller moved that a public hearing on the matter be held at April 19, 1965. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of Hr. ~. Price Fields, et ox** that property located on the east side of Brambleton Avenue, $. W. (U. S. Route 221), between Brandon Avenue and Oakwood Drive, described as the southerly 25 feet of Lot 4A. Block 1, Oak Bill. Official Tax No. 1260104. be rezoned from Special Residenc~ District to Business District, the City Planning Commission submitted a mritten report, recommending that the request be granted. Mr. Stoller moved that a public hear'imf on the matter be ~eld at 2 p.m., April 19, 1965. The motion was seconded by Mr. Pollard and unanimously adopted. 362 SALE OF PROPERTY: Council buying referred to the City Planning Commission ua offer of Slgmoa Brothers, Realtors, on behalf of u client, to purchase city-owned property located on the north side of Salem Avenue, S. E,i between Jefferson 5tree~ and First Street, denSgoated as Lots 24 and.25, Roanohe Lnnd and Improvement Company,* Official Tax No, 4010114, for the purpose of ascertaining whether or not the city has any need for the loud, the City Planning Commission sublitted the following report recommending that the city retain the property, "March 11, 1965 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: In its March 10, 1965 meeting the City Planning Commission considered the offer of Si~mon Brothers realtors to purchase city-owned prop- erty located on the north side Of Salem Avenue between Jefferson Street and F~rst Street. S. E., Official Tax No. 40101140 It was noted that the Feasibility Survey for the Central Area of Roanoke, prepared by consultants Marcou and OtLeary in 1964, proposes that this city-owned property should be incorporated in the develop- ment of the so-called Blue Ridge Center, an office building complex which would provide a connection between the Hotel Roaoohe area and the downtown shopping core. These recommendations are described and shoun on pages 34 and 35 of the above-mentioaed report. In view of thes~ recommendations, the P~anning Commission suggests to City Council not to sell the subject property but retain it for possible future public use, Very truly yours, S/ Werner K. Sensbach for Henry D. Royuton Chairman# Mr. St*lief moved that the report of the City PlannJn9 Commission,be Mhittle, Jo Robert Thomas and Roy R. Pollard, Sr., for its information in connectio with its consideration of the offer. The motion was seconded by Mr. Mheeler and unanimously adopted. REPORTS OF COMMITTEES: DEPARTMENT OF PUBLIC WORKS: Council having referred the question of purchasing a rubber-tired front end loader bach to a committee for further study, report and recommendation, the committee submitted the f. Il*win9 report: "March 11, 1965 To the City Council Roanohet Virginia Gentlemen; Bids were opened and 'Fend before City Council ~ebruary 1~, 1965, for one Rubber-Tired Front End Loader~ As can be seen from the attached tabulation of bids~ 8 bids sere submitted. The Iow bid meetin9 the specifications submitted by Capital Equipment Company, lnc., in the amount of $12,269.20. On February 22, 1965o your Committee recommended that the City accept a bid on a Front End Loader other than the low bidder. Your Committee was of the opinion that the Front End Loader recommemded hud 20 more Horse Pomer than the low bid macbime. City Council referred the bids back to the Committee for a restudy and remomm~ndutlon. In'reconsidering the mat*eft your Committee nas assured that the Loader originally recommended by the Committee. Tour Committee rem*mends that a contract Yov a Trojan No. 124, Rubber-Tired Front End Loader be auarded to Capital Equipment CompanT,' IBc** in the amount of $12,28g.20. S~ Vincent S, Mbeeler S! At St Owens Vincent S. Mheeler, Chairman A. S. Omens S~ Ht Cie*us Hroyles S/ H, H, Thompson H. Cletus Rroyles H.B. Thompson S/ W, P, Jackson M. P. Jachson Mr. Wheeler moved that Council concur in the recommendation of the committee and offered the foil*ring emergency Ordinance: (:1632S) AN OROINANCE authorizing and directing the purchase of one new rubber-tired front end loader for use of the Street Repair Hivision of the Hepuvtme of Public Works, on certain terms and conditions; rejecting otbeF bids made to the City for the supply of same; and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 28, page 91.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Stoller and adopted by the following vote: AYE. S: Messrs. Garland. Pollard, Pond, St*lief, Mheeler and Mayor Dillard .................................. 6, NAYS: None ................... O. (Mr. Jones absent) SEWERS AND STORM DRAINS: Council havin9 referred to a committee composed of Messrs. Arthur So Owens, James N. Rincanon, Roy L. Webber and Murray A. Stoller. 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 wastes, be amended by adding thereto a tract of land containing 36.28 acres located west of Virginia Route 692 (Sugar Loaf Mountain Road), the committee submitted a written report, expressing the belief that the city should hold in abeyance any amendment to the contract until the studies now being made by con- sulting engineers for the city and the county are completed, at which time further consideration can be given to the request. Mr. Stoller moved that Council COnCUF in the report 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. ~heeler and unanimously adopted. UNFINISHED BUSINESS: LIBRARIES: Council having referred to the Raleigh Court Branch Library f* its information a communication from the Roanoke City School Board, ~xpressin9 the belief that the opinion of architects that the area southwest of the Avenel Avenue entrance to the Shrine Hill site would be a logical location for the'proposed new Raleigh Court Branch Library rather than the recommended location of this library between Avenel Avenue and Laburnum on the Shrine Hill site should be given due 363 364 consideration, und having deferred action on the recommendation of the committee that the library be located between Av~nel Avenue nnd Laburnum Avenue mith the request tbs, said committee submit a plan shaming the location of the library in relation to the Huster Development Plan for Shrine Hill Park. the matter mas again before tb~ body,. In this cosnection, Hro Garland, Chairman 'of the Rsleigh Court flranch Library Committee, presented a plan abc#leg the lccatl?n of the proposed library in relation to the Master Development Plan for Shrine Hill Park, Hr. Garland moved that Council concur in the recommendation of the committee with regard to the location of the proposed library, as nell as previous recommendations that architectural services for the project includes supervision of the construction thereof, and that the matter of appropriating funds therefor be referred to the Budget Commission, and offered the following emergency Ordinance: (#16326) AN ORDINANCE fixing the location of the new Raleigh Court Dranc Library; pr,biding for architectural supervision of the constructJo~ thereof; referring recommended cost appropriations therefor to the Budget Commission; and providin9 for an emergency. (For full text of Ordinance. see Ordinance Book No. 28. page 92.) Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Hr. St,liar and adopted, by the followl~9 vote: AYES: Messrs. Garland. Pollard. Pond. St,liar. Wheeler and #ayor Dillard .................................6. NAYS: None ....................O. (Hr. Jones absent) CONSIDERATION OF CLAIHS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ELECTIONS: Council having directed the City Attorney to prepare the proper measure amending Section 9. Chapter 2. Title IV.. of The Code of the City of Roanoke. 1956. establishing the voting place in Jefferson Precinct No. I on the north side of Highland Avenue. So N., between Third Street and Franklin Road, to establish the voting place on the south side Of Bullitt ~venue, $. E.. between Jefferson Street and First Street. he presented same; whereupon. Mr. St,liar offere~ the following emergency. Ordinance: (~16327) AN ORDINANCE to amend Sec. 9. 'Voting place in Jefferson Precinct No. 1" of Chapter 2. *Precincts and Voting Places* Of Title IV. "Elections' of She Code of the City of Roanoke. 1956; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 28. page 92°). Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland. Pollard. Pond. St,Ilar. Mheeler and Mayor Dillard ............................. A .... 6. NAYS: None .................... O. (Mr. Jones absent) 365 BUDGET-PAY PLAN: Council having directed the City Attorney to prepare th proper measures authorizing the City Hanager to fill certain vacancies in various municipal departments since they are of an emergency nature and to establish a nem classification Of Secretarial Technician, Group 12 as requested by the Director of the Department of Poblic Works, he presented same. Mr. St*lief offered the following Resolution authorizing the City Hanager to employ certain personnel: (u1632B) I RESOLUTION authorizing the City Manager to employ certain personnele (For full text of Resolution, see Resolution Book No. 20, page 93.) Mr. St*lief moved the adoption of the Resolution. The motion was seconde~ by RFc Pollard and adopted by the following vote: - Dillard .................................. NAYS: None ....................O. (Mr. Jones absent) Mr. St*lief then offered the following emergency Ordinance amending the Pay Plan by establishing the classification of Secretarial Technician: (=1632g) AN ORDINANCE amending Ordinance No. 14300, as amended, so as to add the following Job Title and describe its duties, viz.: Secretarial Tech- (For full text of Ordinance, see Ordinance Book No. 28, page by Mr. Garland and adopted by the foil*win9 vote: NAYS: Mayor Dillard ................................................... 1. (~r. Jones absent) PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to accept from of $267 for settlement of a claim in connection with the modernization of the City Incinerator and authorizing the City Auditor to issue a check payable to the Salem Glass Corporation in a like amount of $267. he presented same; whereupon, Rt. St*Il, offered the following emergency Ordinance: (~16330) AN ORDINANCE relating to certain minor damage to City property. later satisfactorily repaired; authorizing the means whereby the person repairing same may be reimbursed; and providin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 94.) Mr. St*lief moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Ressrs, Garland, Pollard, ~ond, Stoller, Wheeler and Mayor Dillard ................................ b. NAY5: None ....................O. (Mr, Jones absent) 366 CITY GOVBRNMENT: Mr., St,lief offered the folio.ming Resolution concerning certain gifts recently received from the City of WonJu, Korea: (a16331) A RESOLUTION concerning certain gifts recently received from the City of MonJu. R,rea. . - (For full text of Resolution, see Resolution Book No, 28. page 95,) Mr. St,lieF moved the adoption of the Resolution. Tbn motion was seconde~ by Mr. Mb,cleF and adopted by the f,Il,ming vote: AYES: Messrs. Garland, Pollard, Pond, St.lief, Mheeler and Mayor Dillard .................................. NAYS: . None ................... O. (Mr. Jones absent) PARKS AND PLAYGROUNDS: Mr. St,lieF offered the f,Il,ming Resolution endorsing the Honorable Julian H. Ruth,Fl,,rd. Jr.. for appointment to the Com- mission of Game and Inland Fisheries of V.irginia: (#16332) A RESOLUTION endorsing the Honorable Julian H. Mu*huFf..rd, Jr** for appointment to the Commission of Game and Inland Fisheries of Virginia. (For full text of Resolution. see Resolution Book NO, 28. page 96.) Mr..St,lieF moved the adoption, of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, St.lieF, Rheeler and Mayor Dillard .................................. NAYb: None ................... O. (Mr. Jones absent) MOTIONS AND MISCELLANEOUS BUSINESS: SEMERS AND STORM DRAINS: Mr. Stoller moved that the City Attorney be directed to prepare the proper measure authoiizing, and directing the City Manager to make application on behalf of the City Of Roanoke to the Hatted States government and to the State Water Control Board for a grant of funds under the Federal Rater Pollution Control Act to aid the city in constructing a new public sewer main from Roanoke River south along Ore Branch to the southerly corporate limits Of the city. The motion was seconded by Mr. Wheeler and unanimously adopted. PENSIONS: Mr, St,Ilar raised the question of requesting the City Auditor to consider returning to a former policy of furnishing each member of the Employees* Retirement System of the City of Roanoke. with an annual report of his individual account. The City Auditor advising that this would work an undue hardship on his office, but that he will be glad to furnish such information to any city employee requesting same, Rt. St,liar moved that the matter be filed. The motion was seconded.byMr. Wheeler and unanimously adopted. On motion of Mr. Pollard, seconded by Mr. Pond and unanimously adopted, the meeting was adjourned. a P P R 0 ¥ E D AYTEST: ! City Clerk ¥oyor 367 COUNCILt REGULAR MEETING #under, March 22, 1965. The Council of the CitF of Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Monday, March 22, 196s, at 2 p.m.e the regular meeting hour, mith Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, James B. Jones, Roy R. Pollard, St** Clarence E. Pond, Marray A. 5toiler, Vincent S. Mheeler and Rayor Benton O. Dillard ................................. ?. ABSENT: None .................O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager, Mr. James N. Kincanon, Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Re A. Painter. Retired Baptist Minister. MINUTES: Copy of the minutes of the regular meeting held On Monday, Marc! 1, 1965, having been furnished each member of Council, on motion of Mr. Stoller, 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: SE~ERS AND STORM URAINS: Parsuant to notice of advertisement for bids on the construction of a storm drain in the vicinity of Panorama BeJghts from Red Fox Drive to Nest Side Boulevarde N. N.. said proposals to be received by the City Clerk until 1:30 p.m., Monday. March 22, 1965, and to be opened at 2:00 p.m., before Council, Mayor Dillard asked if anyone had any questions about the advertisement. mud 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 Construction Corporation - $30,710.00 Aaron J. Conner General Contractor, Incorporated - 30,98B.25 Draper Construction Company - 37,508.00 Hudgins ~ Pace - 38,210.00 Mr. Stoller moved that the bids be referred to a committee composed of Messrs. Vincent S. Mheeler, Chairman, Arthur S. Owens and Milliam Y. Clark for tabulation and ~eport to Council, the City Attorney to prepare the proper measure acceptiog the proposal of the lowest responsible bidder. The motion was seconded by Mr. Pond and unanimously adopted. DEPARTMENT OF PUBLIC ROaRS-GARBAGE REMOVAL: Pursuant to notice 9f adver- tisement for bids on five trucks, cabs and chassis o~ly, with a minimum, cab to axle dimension of 102 inches, delivered f.o.b. Richmond, Virginia, or an alternate of a minimum cab to axle dimension of 120 inches, delivered f.o.b. Sa~ Antonio, Texas, said proposals to be received by the City Clerk until 1:70 p.m., Monday, March 22. 19650 and to be. opened at 2:00 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: ':368 ,Bidd?r Amooa~ A~termtt? Aotrlt Motors. Incorporated - $12.950.00 $13.600.00 Diamond Chevrolet Corporation - 13,450.00 14.100.00 International Harvester Company - 14,416.45 15,190.10 Magic City Motor Corporation - 160093.00 16,593.00 Mr. Stoller toTed that the bids be referred to a committee oomposed of Messrs. Vincent S. Mheel~r. Chairman. Murray A. Stoller. Arthur S. Omens and H. Cleans Broyles for tabulation and report to Council. the City Attorney to pr*par, the proper meusur~ accepting the proposal of the lowest responsible bidder. The motion mas seconded by Mr. Pond and unanimously adopted. '' TRAFFIC ENGINEERING AND COMMUNICATIONS: Pursuant to notice of advertise- ment for bids on yellow traffic paint, abate traffic paint, chlorinated robber nhit~ traffic paint and glass traffic beads, said proposals to be received by tho City Clerk until 1:30 p.m., Monday, March 22, 1965, and to be opened at 2:00 p.m., befor~ 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 mith the opening of the bids; whereupon, the City Clerk opened and read the following bids: Bidde.~r Item No, ! Item No, 2 - l~,em No, 3 Item No, 4 Jaegle Paint and Varnish Company $1,$64.60 $1,975.00 $2.060o00 $1,725.00 Prisma Safety Corporation 1,728.00 2,275.00 2.210.00 1,650.00 Skyliee Paint ~ Hardware, Inc. 1,670.40 2,100.00 2,590,00 Atlantic Varnish and Paint Company 2,323.20 2t78~.S0 2.820.00 Hodges Lumber Corporation 3,081.60 3,700,00 3~540.00 L. R. Brown~ St, Paint Company 3.110.40 3,737.50 3,570.00 The Sherwin- ~tlllams Company 2,430.00 1.690.50 Dominion Signal Company. Inc. 1,794.00 Mr° Stoller moved that the bids be referred to a committee composed of Messrs. Roy R. Pollard, SF., Chairman, Arthur S. Owens and J. D. Sink for tabulatio and report to Council, the City Attorneyto prepare the proper measures.accepting the proposals of the lowest responsible bidders. Ih. motion ~as seconded by Mr. Rheeler and unanimously adopted. ZONING: Council having continued until 2 p.m** Monday, March 22, 19650 a public hearing on the request of Mr. E. C. Pace, Sr., et ux., that a IS.68-acre tract of land located on the north side of PersJoger Road and the east side of Brambleton Avenue, S. Wa, designated as Official Tax No. 1260214, be rezoned irom General Residence District to :Special Residence District, the matter mas again before the body. Speaking in *support of the request for rezoning ~ere Mr. Walter M, Wood, At'torn.y,' representing the petitioners,' Mr. C. Crattan Lindsey, Jr., representing Regional Re'al Estate Servlc'es, and Mr. Paul A. Bayers. Mr. E. Brazelton Brown' stated that he ~riginally signed a petition object- ing to the proposed rezoning, but that h~ is now convinced the use of the land for A communication from Mr, J. P, Laurie, Jr,, advising that after learning more nb,ut abut in proposed for the development of the trna* of land if it is fez, ned he and his mile are requesting that their names be mlthdruun from the petition objecting to the proposed rezonlng, was before Council. Approximately 75 residents of the area again sppeured before Council in opposition to the request rot fez,ming, with Mr, Ernest R. Bull,n, Attorney, acting as spokesman, Mr. Smaller noted that the proposed fez,ming has been bitterly opposed by residents of the neighborhood and moved that Council concur in the recommendation of the City Planning Commission that the request for rezonlng be denied, The notion was seconded by My. Garland, Mayor Dillard stated that the question before Council is mba*her or not the property should be razoR,d, not whether Council shonld concur in the recom- mendation of the City Planning Commission, and ruled that the motion offered by Mr, St,liar is out of order. Mr. Pollard rend the following prepared statement; *At our meeting last Monday. I requested that this matter be carried over for further study. Zoning problems are one of the most serious to face Council. hhatever action Council pursues, we are criticized. This particular problemrequired serious consideration. On one side is an organization who wants to invest over three million dollars within our city. On the other side is a group of our citizens who oppose the project within their neighborhood. They were supported in their opposition by the, Planning Commission. The promoters of this project requested a public hearing which puts the decision entirely up to Council. Council must act in the best interest Of oar citizens and at the same time handle the application Of the promoters of the project in such a manner that they might consider another location within our city. Roanoke needs new projects to continue to progress. I have spent considerable time and study this past week on this project. I state at this time if this property was presently zoned for this type of project, I would be in favor of it, home*er this is not the case** Mr. Pollard then moved that in the best interest of the citizens in the above area the request for Fez,ming be denied. The motion was seconded by Mr. Pond and unanimously adopted, PARKS AND PLAYGROUNDS: Mr. James O. Trout, Chairman of the Transportation Museum Committee, appeared before Council, expressing the appreciation of the com- mittee for the financial and enthusiastic help of Council in the development of the museum, and requested that the duties Of the committee be enlarged in order that it might aid in the development, construction and bea~lfication of Roan,he River from the eastern to the western city ISmS*st and that Council concur in the attempts Of the committee to work mtth any other group in the city and appropriate county groups who might want to Join in the beautification Of the area. Mr. Jones moved that Council concur in the request of the Trnusportation Museum Committee and that the matter be referred to the City Attorney for pr,para*Jar of the proper measure. The motion was seconded by Mr. Stoller and unanimously adopted. 369 370 Mitb further referenge to. the Transpgrtation Museum, Council baying referred in offer of the Roanoke Trunsportctiou Museum Committee of four bouts lo be used on Rounobe River in the vicinity of the Transportation Museum to the City lnnnger for study mitb the Director of ~urks nnd Recreation nad to report back to the body mith his recommendation, Mr, Trout presented u check in the amount of $1,005 (or the pn~chuseof.three of the bouts, Mr, Stoller moved that the check be accepted iud transmitted to the City Auditor for deposit in the General Fund, The motion mas seconded by Hr, Jones and unanimously adopted, SCSOOLS~ MFS, Robert M, Stone, Jr** President of the League of Monen Voters of the Roanoke area, appeared before Council and read n prepared statement, urging that application be made for funds under the Economic Opportunity Act to broaden the kindergarten program in the public school system, Mrs. C, G. Morgan, Education Ch~lrnan of the Roanoke Branch of the American Association of University Momen, aisc read a prepar~ statement urging that application be made for.the funds, Mrs, Morgan expressing the opinion that these funds are needed to provide invaluable kindergarten experience to more Roanoke children, particularly chose in economically and culturally disadvantaged sections, MFS, Betty B, Msllis, a patron.of West End Elementary School, read a prepared statement, pointing out that the West End Elementary School area would be one of the areas to greatly benefit from a kindergarten program for the under- privileged, and urged that if a kindergarten program is not provided for all the children in the public school system it at least be provided for those mbo need it the most, Mr, Mheeler moved that the request be referred to a committee composed of Messrs. James E, Jones, Chairman, Boy R, Pollard, St** and Clarence E. Pond for its information in working with the Roanoke City School Board as to the feasbility of initiating ~ertain education programs offered under the Economic Opportunity Act. The motion was seconded by Mr, Stoller and unanimously adopted. pETITIONS AND COMMUNICATIONS: BUILDINGS: A petition signed by nineteen residents of Springvale Street, S. E.. requesting that Council instruct the Building Commissioner not to issue a building permit for the erection of a church at 3735 Springvale Street, S. E,, on the grounds that it mill increase traffic congestion on the street, was before the body, In this connection, Mrs, C. D, Edwards appeared before Council, advising that the petitioners feel the lot with a 60 foot frontage is too small for the erection of a church thereon with no room for expansion, that the street is too narrow and that since there is no curb and ghtter there is no place for on-the- street parking, Cooncil pointing out that it has no jurisdiction in the matter if the proposed bniIding meets requiremen~ of the Building Code, Mr, Pollard moved that the request be denied, The motion mas seconded by Mr, Pond and unanimously adopted Upon request of Mrs. Edwards. Mr. St,lief moved that the original petitios be re,wried to the petitioners. The motion was seconded by Mr. Garland and allni- .wously Id,pred'. ZONING: A comtunicltion from the Southern Varnish Corporation. requestin~ that property located om the north side of Berkley Avenue. S. N.. between Barks Street and Edgewood Street. described as Lots 7-11. inclusive. Block F. Virginia Heights Extension. Official Tax Nos. 1510407. 1510406. 1510405. 1510404. and 1510403. be fez,ned from Special Residence District to Light Industrial District. was before Council. 0a motion of Mr. St,lieF. seconded by Mr. Jones and unanimously adopted. the request for reaoning wes referred to the City Planning Commission for study. report and recommendation to Council. ZONING: A communication from Mr. Claude D. CSrter. Attorney. representin~ Eessrs. ~. T. Crozier.and Earl A. Bock. requesting that property located on the northwest corner of Salem Turnpike and Twenty-third Street. N. ~** described as .the southern portion of Lots IS and 16. Block 102. Melrose Land Company. Official Tax No. 2322223. be rea,ned from General Residence District to Business District. was before Council. On motion of Mr. St,lief. seconded by Mr. Pollard and unanimously adopted. the request for rezoning was referred to the City Planning Commission for study. report and recommendation to Council. ZONING: A communication from Mr. J. Albert Ellett. Attorney. representin~ Mr. Gwynn H. Board. requesting that property located on the southeast corner of Liberty Road and Hillcrest Avenue. N. N.. described as Lot ICA. Block P. ~illlamson Groves. Official Tax No. 30gO235. be rea.ned from General Residence District. to Special Residence District. was before Council. On motion of Mr. Stoller. seconded by Mr. Pollard and unanimously adopted. the reqnest for rea,ming mas referred, to the City Planning Commission for study. report and recommendation to Council. CITY GOVERNMENT: A Communication from Mr. ~illiam B. Puff. Chairman. Sister City Project. Junior Chamber of Commerce. advising that two gifts of pottery and a key from Mania. E,rea. Sister City of the City of Roanoke. mill go oa public display at a ceremony at the Roanoke Public Library at 7:15 pom.. Tuesday. March 23.. lgG§. and inviting the members Of Council to*attend the dedication ceremony. was before the body. .Members of Council indicating that they plan ~o be present at the dedica- tion ceremony. Mr. St,lief moved that the communication be filed. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUBLIC NORKS: The City Manager submitted a written report, recommending that $650 be transferred from Operating Supplies and Materials to Operational and Construction Equipment - NeW under Section ~82. *Street Repair.* of the lgGS budget, to provide for the purchase of a nam rock drill. 371 372 Mr, Stoller moved that Council concur in the recommendation of the City Manager and offered .the foil*ming emergency Ordinnnoe~ (w16533) AN ORDI~ANC£ to amend cad reordnin Section n82~*.*Street Hepntr, of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No, 28, page 91,) Mr, St*tier moved ahead*priam of the Ordtnanoe. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ........................ ?* NAYS: None ................. BUDGET-DEPARTMENT OF PUBLXC MORKS: The City Manager submitted a written report, recommending that $75 be transferred from Operating Supplies and Materials to Repair Parts - Equipment under Section =82, "Street Repair," of the 1965 budget. Mr. Stoller moved that Council concur in the recommendation of the City Manager and Offered the following emergency Ordinance: (a16334) AN ORDINANCE to amend and reordain Section a82, "Street Repair, of, the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 97.) Mr. St*lief moved the adoption of the Ordinance. The motion mas seconded by Mr. Nheeler and adopte~ by the following vote: AYES: MeasrSo Garland, Jones, Pollard. Pond, St*lief, Wheeler and Mayor Dillard .......................... 7. NAYS: None .................. O, BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a written report, advising that a 320-foot segment of the 24-inch sewer interceptor line immediately mesa of the Wllmont Farms Subdivision along the east side of Peters Creek has failed and must be replaced immediately, and recommended that $5.000 be transferred from Section g167. *Conttngenciest# to Maintenance Of Building and Property under Section g94, 'Sewer Maintenance," of the 1965 budget, for this purpose, Mr. St*lief moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: , (#16335), AN ORDINANCE to amend and reordain Section a94, "Sewer Main- tenance** and Section ~lGT, "Contingencies," of the 1965 Appropriation Ordtnance~ and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 28, page 98.) 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, Pond, Stoller, Wheeler and Mayor Dillard ......................... 7. NAYS: None ................. 373 BUDGET-APPOINTMENTS-PERSONNEL DEPARTMENT: The City Nanager submitted o written report, recommending that Nra David S. Fergasou be appointed as P, rs*baal Director of the City of Roanoke effective April 16. 1965. et u salary of per annum, amd that he be reimbursed a sum' not to exceed $250 for moving expenses. Mr. St*lief moved that the draft of a Resolution confirming the appoint- meat* of Yr. Ferguson be amended by deleting the provision for travel and moving expenses Incident to said appointment. The motion mas seconded by Mr. Jones and adopted. Mr. Garland voting no. Mr. Stoller then offered the following Resolution confirming the appofnt- (m16336) A RESOLUTION confirming the appointment of Mr. David S. Ferguson as the City's director of p.rs*oneX; and fixin9 the salary of said appointee. (For full text cf Resolution, see Resolution Book No. 28, page 98.) Mr. St*lief moved the adoption of the Resolution. The motion was Seconder by Mr. Jones and adopted by the following vote: Mayor Dillard .......................... 7. NAYS: None .................. Nith further reference to the matter, Hr. St*lief offered tho follo~in9 emergency Ordinance transferring $1,000 from Section SlaY, *Contingencies,* to Personal Services under Section ~14, #Personnel,# of the 1965 budget, in connection with the salary of the Director of Personnel: (=16337) AN ORDINANCE to amend and r.ordain Section =14, *Personnel,' and Section :167, *Contingencies,# of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28. page gg.) Mr. St*lief moved the adoption of the Ordinhnce. The notion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*lief, Hheeler and Mayor Dillard ......................... NAYS: None ..................O, PARES AND PLAYGROUNDS-STATE BIGBMAYS: The City Manager submitted a written report, transmitting a counteroffer of Mr, and Mrs. James L. Blankenship to sell to the City of Roanoke 11019 acres of land situate in Roanoke County needed for the Hill Mountain - Blue Ridge Parkway Project for the sum of $3,?00 instead of $3,5G3 previously offered by the city, and recommended that the counteroffer be Mr. Garland moved that Council concur in'the recommendation of the City Manager and offered the following Resolution: (~16338) A RESOLUTION relating to the acquisition of a certain 11.19 acre parcel of laud needed for the Mill Mountain - Blue Ridge Parkway project. (For full text of Resolution. see Resolution Book Wo. 28, page 374 Mr, Garland moved the adoption of the Resolution. The motion was seconded by Nra Pollard and adopted by the folloming vote: AYES: Nessrs. Gnrlaod, Jones, Pollard, Pond, Stollero Wheeler end Mayor Dillard .......................... NAYS: None .................. STREETS AND ALLEYS: The City Manager submitted the following ~eport~ recommending that flosworth Drive and Peahwood Drive, S. M.. be connected= 'Roanoke, Virginia March 22, 1~65' To the City Council Roanohe, Virginia On January l. 1965, the City of Roanoke annexed the Edgehill and Edgehill Estate properties south of the City, adjacent to Route 220, and a portion of this area ROSWOFth Drive approaches within a 150 feet of Peakwood Drive. Bosworth Drive had previously'been in the County and Peahwood Drive was one of the southern most tips in the City. For the coovenience of our citizens and more efficient operations by the police, fire and refuse departments. I am of the opinion that there should be a physical connection between these two points. 'la furtherance of your existing planning ordinance, I recommend that this be routed to the Planning Com- mission faf theiF recommendation. I have advised both of the affected property owners of my intent to recommend this to you. Respectfully submitted, S/ Arthur S, Owens City Manager" On motion of Mr. Stoller, secQnded by Mr. Pollard and unaoimously adopted the matter mas referred to the City Planning Commission for study, report and POLICE DEPARTMENT-JUVENILE AND DOMESTIC RELATIONS COURT: Council having requested the City Manager to explore the possibilities of establishing a Youth Bureau in the City of Roanoke, working with the various organizations who are encouraging the creation of the Bureau, and to report back to the body as to the proper procedure to he followed in establishing same, the City Manager submitted a written report with the following recommendations: 1. Since you have agreed to send Captain Murray Cochran aud Patrolman J. L. Viar to the University of Mlnnesot~ on a scholarship that ~s soon as they return, these two officers, plus Pat?olwomau Hazel Carat and Patrolman T. R. Reid be assigned to the Youth Division or some other appropriate title designated by the City Council; 2. That physical changes in the police department to provide office space as outlined in an accompanying drawing be auth6rized at a cost not to exceed $3,000. 3. Vhe City Manager and the police'depurtment continue to seek help and advice from the many and fine organizations in the City which have both an intense and devout desire to improve our existing program and treatment concerning. juveniles. 4, That in furtherance of a:conference that the City Manager had with Mr. Earl Fitzpatrick, President of the Roanoke Bar Association, and Mr. Robert Spessard, Chairman Of the Juvenile and Domestic Coert of relations study committee, that they signified their milllngness as soon as the Bureau is initiated to provide adequate studies for the treatment Of cases. Me are grateful this learned group is willing to lend us their assistance. 375 Mr. Jones moved that Council concur in the recommendations of the City Manager for setting up a Youth Division of the Police Department and that the summer be referred to the City Attorney for preparation of the proper measure. The notion was seconded by Mr. Pond and unanimously adopted, TRAFFIC: Council having referred to the City Manager for study and report a request or Mr, Henry H, Runt*ugh, owner of property located on the north side of Heir*se Avenue. N. M,, east of Peters Creek Road, that east-bound traffic on Melrose Avenue be permitted to make a left turn into his property, the City Manager submitted the following report: 'Roanoke, Virginia March IS, 1965 To the City Council Roanoke, Virginia Gentlemen: At our meeting of Monday, February 15, you referred to we a letter from Mr. Tom Stockton Fox, Attorney, representing Mr, Henry Ho Rutroagh, in which you were requested to remove a 'Ho Left Turn* sign, which can be seen from the west as traffic approaches to the east. thereby eliminating turnJn9 to the left, We are most sympathetic with Mr. Fox and Mr, Rutrough's plea b~t me feel a deep obligation to the general public first and to permit a discriminate turning at this point would, Math*ut doubt, be hazardous to motorists at this Junction. Me do not close our mind as to a possible solution and ~ould suggest that consideration be given to cutting the median strip back approximately 20 feet, relocating a pole, and providing for a new curb, gutter and paving, which would then allow for an orderly turning movement from the left to the highway. Me do not believe this should be the City's cost. Respectfully submitted. S/ Arthur 5, Owens a City Manager' After a discussion of the matter by Mr. Tom Stockton Fox, Attorney, representing Mr. Rutrough, and Mr. J. D, Sink,'Superintendent of Traffic Engineerin, and Communications. Mr. St*Ilar moved that the matter be ~eferred to a committee composed of Messrs. Roy R. Pollard, Sr., Chairman, Clarence E. Pond and Vincent $. Mheeler for the purpose of meeting with Mr. Rutrough on the site in an attempt to work out a mutually satisfactory solution to the problem and report back to C~uncil with its recommendation. The motion Mas seconded by Mr. Jones and unanimously adopted. TRAFFIC: Gouncil h~ving referred a recommendation if the City Manager that Mtndsor Avenue, S. R., be mad~ a one-May street eastbound between Mount Vernon Road and Grandin Road, back to t~e City ~anager for further study, report and recommendation, the City Manager s~bmltted a mritten report, advising that ia view of opposition which has developed to making Windsor Avenue a one-way street it is 'his recommendation the matter re~aln in the stat~s quo for the present time. In this connection, Messrs. C. C. Rush and T. F. Farmer, residents of Mind,or Avenue, morned that there is like~ to be a serious accident if the street Js not made one way. 376 Attar u discussion of the mutter. Hr, St*lief moved that Council coleur im the recommendation of the City Manager, The motion mas seconded by Mr, Wheeler and adopted, Mr° Garland voting aG, OFFICE HOURS-POLICE DEPARTMENT: Council having referred to the City Manager for study and report u request of the Fraternal Order of Police Associates that employees of the Police Department be given holidays on the same basis as other city employees on u 40-hour mork meek, the City Manager submitted the foil*ming report: *Rote*Re. Virginia March 22. 1965 To the City Council Roanoke, Virginia Gentlemen: You referred to me from your meeting of March 8, 1965, a request of the Fraternal Order of Folfce Associates that the police depnrtmemt employees be given holidays on the same basis as other city employees. At a conference mlth the Police Captain. me are of the opinion that this is a f~lr treatment of our existing ordinance, and I recommend that you concur in our proposal that holidays be given to police department employees the same as other employees. Captain Cochran nor myself see any serious problem, since - the holidays during the year are normally rather quiet, exclud- ing Thanksgiving uhen me have to use all our available personnel. Respectfully submitted, S/ Arthur S, Owens City Man~gor" 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. Pond and unanimously adopted. CITY AUDITOR: The City Auditor submitted a financial report of the City of Roanoke for tie month of February, lg65. On motion of Mr. Pond, seconded by Mr, St*lieF and unanimously adopted, the report was filed. ZONING: Council having'referred to th~ City Planning Commission for study, report and recommendation a request of the Mestwood - Wilmont Farms Civic League that the area bordering on Shenandoah Avenue to the north, Lnckett Street to the west. Thirtieth Street to the east and the Norfolk and Western Railway Company property to the south, ko*mn as the "Old Trout Place", be Fez*ned from Heavy Industrial Oistrict to Light Industrial District. the City Planning Commission submitted a written report, advising that the Planning CommissiOn decided not to recommend on the ~ezontng of this individual ~ea, but to make'reference to the recommendation containe~ In the proposed new Zoning Ordinance. On motion of Mr. Pollard. seconded by Mr. Wheeler and unanimously adopted, the report was filed, The City Planning Commission submitted the following report, transmitting a proposed new Zoning Ordinance: 'Rarch 16, 1965 The Honorable Bemton O~ Dillard, Rayor and Members or City Council Roanoke, Virginia , Gentlemen: The City Planning Commission herewith presents a proposed zoning ordinance including a map shaming the division of the territory into districts and a text setting forth the regulations applying in each district. It is suggested that Council study this proposed ordinance,set a public hearing, hear and consider recommendations or the citizens of this conmunityo and proceed uith the enactment of the ordinance as provided for under Title 15, Chapter 4e Paragraph 3 of the Roanoke City Code. Very truly yours, S! Rerner K. Sensbach for Henry R~ Roynton Chairman' Hr. Stoller moved that a public hearing on the proposed Ordinance he held at 7:30 p.m., April 21, 1965, in the auditorium at the Health Center mitb the stipulation that the hearing may be continued from time to time and held at variou~ locations throughout the city. The motion was seconded by Nra Jones and unanimously adopted. REPORTS OF C0MRITY£ES: STREETS A~D ALLEYS: The committee appointed to tabulate bids received on paving of streets'at various locations in the city submitted the following report: march 18, 1965 To the City Council Roanoke, Virginia Attached hereto is a tabulation of bids on paving of streets at various locations in the City uhich bids were opened and read before City Council at its meeting on Ronday, Hatch 15, 1965. As can be seen from the tabulation of bids, three bids were received. Adams Construction Company was the low bidder in the amount of $134,383o00. In the 1965 budget there was $150,000o00 set up for blacktop work. To accomplish this much work mill require approximately $3,000°00 for engineering tests and inspection, leafing a net amount of $1470000.00 for paving materials. Me have on file a letter from Adams.Construction Company agreeing to extend their contract from their bid price of $134,383.00 to the Sum of $147,000.00, using the same unit prices included in their bid proposal. Your committee recommends that the contract be awarded to Adams Construction Company in the amount of $147o000.00 based on unit prices set forth in their original bid proposal. S/ Roy Rt Pollardr Srt S/ Ht Cletus Broyles Roy Ro Pollard, Chairman B. Cletus Broyles S/ Vincent S~ Rbeeler 5! Robert A. Garland Vincent S, Rheeler Robert Aa Garland" Hr, Pollard moved that Council concur In the recommendation of the com- mittee and offered the following emergency Ordinance: (a16339) AN ORDINANCE awarding a contract to Adams Construction Company for the paving of streets at various locations In the City ata cost of $147,000; rejecting certain other bids made therefor; and providing for an emergency. (For full text of OrdinanCes see Ordinance Rook Ho. 28, page 100.) 377 378 Mr, Pgllard moved the:adoption of the OrdinnnCeo The motion mss seconded by ~r, Jones aid adopted by the ~ollomi,g, votez AYES: iessrs, Garland. Jones, Pollnrd,.Poud, Stall,r, ~heeler smd Mnyor Dilhrd ..........................?, NAYS: None ................ O. DEPARTMENT OF PUBLIC MORKS~MUNICIPAL BUILDING: The committee appointed tabelnte bids received for painting the interior and exterior of several buildings nad paiotlng o~ a bridge submitted the follomlng report: WMnrch 18, 1965 To the City Council Rosnohe, Virginia On March 15, 1965 bids mere opened and read before City Council for painting the interior and exterior of several buildings and painting of a bridge. As cnn be seen from the inhalation, the low bids are as follows: Lt Rt Brown, Srt Paint Company Item A. Interior Painting Hnnlcipal Building: 1. City Clerh*s Office) 2. Lam Library ) $1.774.00 3, Police Department ) 4. Municipal Court ) Item B. Exterior Painting of Municipal Building Annex 1,045.00 Item C, Interior Painting Juvenile Court 3.136000 Item E, Exterior Painting City Home 1,189,00 Item F, Mason Mill Road Bridge 1,495.09 Item H, Exterior Painting Preston Park Recreation Center 602.00 Item Ia Interior Painting Grandam Court Recreation Center 565,00 TOTAL ~q,806,00 W, B, Salmon ~ Sons Item D. Exterior Painting Juvenile Court $ U94,00 Item G, Exterior Painting City Market 1,100,60 Item J, Interior Painting Garden City Recreation Center 1,441,80 TOTAL $3.436.40 Ks.~l Wllliamsr Contractor Item E. Interior Painting of several rooms at Airport $ U69,50 The total sum of the low bids amoonts to $14,111.900 Yhe successful bidders are required to furnish all labor, tools, equipment and materials necessary for paintic9 the buildings and bridge accordin9 to the specifications of the City of Roanoke. The Committee recommends that the low bids be accepted as outlined above. Respectfully submitted, COMMITTEE: S~ Vincent St Mh~eler Vincent S, Wheeler, Chairman S! Lt C, Harvey L, H. Harvey S~ B, B, Thompson Mr. ~heeler moved that Council concur in the recommendation of the committee and offered the follo~ing emergency Ordinance: (=1~340) AN ORDINANCE awarding contracts for the painting of the interior and exterior of specified public buildings and of the Mason Mill Road B~idge, in the City; rejecting certain oth~er bids made therefor; and providing for an emergency, (For full text of Ordinance, see Ordinance Book Ho. 29, page lOl.) Mr. ~heeler moved the adoption of the Ordinance. The motion mas seconded by Mr, Pollard and adopted by the following vote: 379 AVES: Messrs, Garland, Janes, Pollard, Pondt Stoller, Rheeler and Mayor Dillard ...................... 7o NAYS: Nan, ............... O, SCHOOLS: The committee appointed to work mith the Raanake City Schaal Board as to the feasibility of Initiating cur[sin education programs offered under the Economic Opportunity Act submitted the folloming r,part: 'Members Roanake City Cauncil: On February i, 1965, you appainted the undersigned committee to wark with the Raanake City Schaal Daard to determine the feasibility of Initiating certain educatian pragrams afl,red wader the Economic Oppartunity Act and to repo'rt b'ack to this Council our suggestions and recommendations. On March O, Council appraved a request of this committee thane in additian to explor- ing the educational programs, the committee expand its scope and include other pragrams covered under the Ecanamic Opportunity Act of 1964, After several meetings and consultations with representatives from Rasblngtoa, Richmand, Raanoke County, Botetourt County, ~he executive cammittee and director of the Raanake Valley Cauncil of Cammunity Services, Inc. and the Raanake City Schaal Baard, this committee r,camm,ads the follawing: 1. That the City of Roanoke participate in and cooperate with the County of Rotetourt and the County of Roanoke in developing programs and obtaining funds to support these programs available through the Economic Opportunity Act Of 1964. 2. That Roanoke City Council concur mith the appointment o~ the following committee to work with the above- named political sub-divisions in the development and will be presented for approval: (a) Mr° D. C. Kennedy, Roanoke City School Board (b) Mr. A. ~. Owens, City Manager (c) Mr, Rabert S. Goldsmith, Director of Roanake Valley Council of Community Service (d) Mr. A. Byron Smith, Director of Roanoke Valley Council of Community Service (e) Mr. H. J, Chlldress, Jr** 3713 Altan Rand, (f) Hr, #inston H. Stephens, 237 Crittendon Avenue, N. 3. Our investigation revealed that a non-profit organization Is required by E.O.A. to, receive local apptications, channel these applications through the proper office in Washington and then receive and disperse funds made available for approved programs. Your committee recom- mends that Council accept the services offered by an already created organizatian, the Roanoke Valley Council of Community Services. This organization has made a thorough study of the pragrams covered under this Act and cauld be of tremendaus assistance in carrying out the intent of the Economic Opportunity Act. 4. It is further recommended that this E.O.A. program be approach,( cautiously and that the total program be studied annually to determine the City's needs and the extent Of participa- tion.from autside saurces. For your information, the program offered is financed on a 90-10 basis, and the 10~ contribution by the City can be in o fora other than money. Council ca~,control the program applications by approving or disapproving funds which might be needed from time to time to initiate any given program. S/ Ro~ B, Pollardr Srr Roy R. Pollard, Sr. S/ Clarenc~ Et Pond Clarence E. Pond S~ Jame~ E~ Jones James E. Jones, Chairman# 380 Mr, Jone~ moved t~at Council conc. ur ia the recommendations of the com- mittee sad that the matter be referred to the City Attorney for preparation or the proper measure, The motion wes seconded by Mr, Food and unanimously, adopted, MATER DEPARTMENT: Council having referred to · committee composed of Momars, Clnreoce Eo Pond, Chairman, James E, Jones, Murray A. Scalier, Arthur Owems and Joseph A. Brogan for taholatJon and report bids received on Contract - Tinker Creek Diversion, the committee submitted a written report, together with a tabulation of the bids showing the bid of Lewis Construction Associates, Incorporate in the amount of $929,419o as the lowest and best bid, and recommended that the proposal be accepted, Mr. Pollard moved that Council concur in the recommendation of the com- mittee and offered the following emergency Ordinance: (~16341) AN ORDINANCE awarding Contract "H", for constr~ction of the Clty°s Mater Department Tinker Creek Diversion Project for the amount of $929,419; rejecting all other bids made for the performance of said work; and providing for an emergency. (FaF full text of Ordinance, see Ordinance Book No. 29, page 103.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconde¢ by Mr. Jones and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard, Pond. Stoller, Wheeler and Mayor Dillard .......................... ?. NAYS: None ................ O. UNFINISHED BUSINESS:, NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDF~ATION 0¥ ORDINANCE~ AND SCHOOLS: Council having directed the City Attorney to prepare the proper measure endorsing the proposed program of the University of Virginia for its Roanoke Center to the General Assembly, he presented same; mhereupon, Mr, SCalier offered the following Resolution: (#16342) A RESOLUTION endorsingto the General Assembly of Virginia a current and long-range Capital l~provement Program proposed by the Bniversity of Virginia, as the same relates to the expansion of the existing educational program of the University of Virginia Center in Roanoke. (For full text of Resolution, see Resolution Rook No. 28, page 104,) Mr. Stoller moved the adoption Of the Resolution, The motion was seconder by Mr, Pollard and adopted by the following vote: AYES: Momars, Garland, Jones, Pollard, Pond, 5toller~ Rheeler and Mayor Dillard ......................... 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, he presented same; mhereupon, Mr. Stoller offered the followi Resolution: (z16343) A RESOLUTION authorizing the City Manager to employ certain (For full' text of Resolutloat see' Resolution Book NOo 28, page 105°) Mr. Stoller moved the adoption of the Resolution, The motion mas seconded by Mr° Pollard and adopted by the follomin5 vote: AYES: Messrs. Garland, Jones, Pollard, Pood, St*liar, Mb.clef nnd Mayor Dillard .........................7o NAYS: None ..................O. In this connection, the City Attorney also presented a Resolution authors izing temporary employment for two months of two caseworkers in the Department of Public Melfare; whereupon, Mr. St*lief offered the following Resolution: (n16344) A RESOLUTION authorizing temporary employment for two months of two case morkers in the City*s Department of Public Welfare. (For full text of Resolution, see Resolution Book No. 28, page 106.) Mr. St*lief moved the adoption Of the Resolution. The motion was seconded by Mr. Pollard and adopted by the foil*ming vote: AYES: Messrs. Garland. Jones, Pollard, Pond, St*lief. Wheeler and Mayor Dillard .......................... 7. NAYS: None ..................O. STATE HIGHWAYS: Council having directed the City Attorney to prepare the proper measure establishing a field office in Connection with the acquisition of rights of way for the Virginia Route 24 project, he presented same; whereupon, Mr. Wheeler offered the foil*ming Resolution: (~16345) A RESOLUTION authorizing the temporary establishment of an office in connection with acquisition of rights of way for highway prGJects related ti State Routes 24 and 599. (For full text of Resolution, see Resolution Book No. 2G, page 106.) Mr. Wheeler moved the adbption*of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: Mayor Dillard ........................ 7. NAYS: None ..................O. BUDGET-MATER DEPARTMENT:' Council having'directed the City Attorney to prepare the proper measure signifying the intent of the City of Roanoke to provide in its 1965-66 budget its proportionate shire of the cost of a WaterResources, Use and Benefits Study by the Roanoke Valley Regional'Planning Commission, he presented same; whereupon, Mr. Wheeler offered the following Resolution: (#16346) A RESOLUTION signifying the City's intent to provide, in the Cityts 1965-1966 Budget, its proportionate share of the cost of a Water Resources, Use' and Benefits Study by the Roanoke Valley Regional Planning Commission. (For full text of Resolution, see Resolution Book No. 28, page 107.) 382 Mr. Wheeler moved the adoption or tke Resolution. The motion wes seooeded by Mr. Pollard iud adopted by the full,ming vote: AYES: Messrs. Garlnnd. Jones. Pollard. Pond. St,Il,r. Yheeler and Mayor Dillard .......................... T. NAYS: Noae ............ ~---0. SIGNS: Council having directed the City Attorney to prepare the proper measure permitting the R,an,he Council of Garden Clubs nnd the Junior League of Roanoke to install n banner across downtown Jefferson Street advertising the Harvest Festival to be held September 15-18. 1965. he presented sane; whereupon. Mr. St,lieF offered the f,Il,wing Resolution: (n1634T) A R£SOLRTIGN authorizing the City Manager to pernit the installation of a banner advertising the Harvest Festival across donna,un Jefferson Street upon certain terms and conditions. (FOP full text of Resolution. see Besol~tlon Rook No. 20. page Mr. St,lieF noted the adoption of the Resolution. The n, Lion mas seconded by Mr. Pond and adopted by the f,Il,wing Tote: AYES: Nessrs. Gariaod. Jones. Pollard. Pond. Stnller. Nheeler and Hayor Oillard .......................... 7. NAYS: Hone ..................Oo S£NERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure declining, for the time being, 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 mith the treatment of domestic and commercial wastes, be amended by adding thereto a tract of land containin9 36,28 acres located west of Virginia Route 692 (Sugar Loaf Mooutaln Road), he presented same; whereupon, Mr. Stoller offered ~he following Resolution: (~16348) A RE$OLRTION declining, for the time being, a request to further amend the contract of September 28, 1954, between.the City Of Roanoke and the County of Roanoke. dealing with the treatment Of domestic and commercial mas*es (For full text of Resolutiont see Resolution Book No. 28, page 109.) Mr. Stoller moved the adoption of the Resolution. The motion nas seconde by Mr. Wheeler and adopted by the following vote~ AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Nheeler and Mayor Dillard ....................... ?. NAYS: None ................. O. SEWERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure authorizing and directing the City Manager to make application on behalf of the City of Roanoke to the United States Government and to the State Mater Control Board for a graot of funds under the Federal Water Pollution Control Act to aid the city in constructing a now public sewer main from Roanoke River south along Ore Branch to the southerly corporate limits of the city, he presented some; whereupon, Mr. Stoller offered the following Resolution: 383 (u16349). A RESOLUTION ·uthorizing ··d directing ·pplic·tio· to be made for · gr·nt to the City under the Feder·l Mater Pollution Control Act to provide for the constructio· of · new public semer m·ln from Ro·noke River south ·long Ore Bt·ach to the southerly corpor·te limits of the City. (For. full text of Resolution, see Resolution Book No, 20, pure 110.) Mr. Smaller moved the udoption of the Resolution. The motion was seconde~ by. Mr, Rheeler and. adopted by the following vote: AYES: Messrs. G·rl·nd, Jones, Poll·rd, Pond, Stoller, Rheeler and Mayor Dillard ......................... HAYS: None ..................0.. MOTIONS AND MISCELLANEOUS BUSINESS: LIBRARIES: The City Clerk reported that Mr. Jesse T. Meadows has qualified es · member of the Roanoke Public Library Bo·rd to fill the unexpired term of Mr. Hubert S. Leonard. resigned, ending June 30. 1966. On motion of Mr. Rheeler, seconded by Mr, Pollard and unanimously adopted the report was filed, On notion of Mr. Pollard, seconded by Mr. Pond and unanimously adopted, the meeting was adjourned, APPROVED ATTEST:  City Clerk . Mayor 384 COUNCIL, REGULAR uFETING, Monday, Mcrch 29, 1965, The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Building, Monday, March 29, 196S, at 2 pon., the regular meeting hour, with Ysyor. Dlllnrd presiding. PRESENT: Councilmen Robert A. Garland, James E. ]ones, Roy R. Pollard. Se** Clarence E. Pond, Murray A. St.lief, Vincent Dillard ............................... ABSENT: None .................O. OFFICERS PRESENT: Mr. Arthur So Owens, City Manager, Hr. James N. KJncanon, Assistant City Attorney, and Br. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by Ur. #. B. Dealy, PaStOF, First Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, March 8, 1965, having been furnished each member of Council, on motion of Mr. St.liar, seconded by Mr. Wheeler and unauimously, adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SERERS AND STORM DRAINS: Pursuant to notice of advertisement for bids da the construction of un 8-inch sanitary sewer main to serve Robyn Road. Nright Road and a portion of Colonial Avenue and Ce,stoa Avenue. S. ~o. said proposals to be received by the City Clerh until 1:30 p.m.. Monday. March 29. 196S. and to be opened at 2:00 p.m.. before Council. Mayor Dillard asked if and,ne had any question! about the advertisement. In this connection. Re. F. J. Nard. Vice President. Roan,he Nood Preserver Incorporated. requested permission to withdraw the bid of his company. Re. Ward was informed that Section ? of the general specifications for the project stipulates that permission will not be given to withdraw, modify, or explain any proposal or bid after it has been deposited with the City Clerk. Mayor Dillard then instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: Roanoke Wood Preservers, Incorporated $52.664.20 Draper Construction Company Hudgins ~ Pace Mr. St,liar moved that the bids be referred to a committee composed of Messrs. Clarence E. Pond. Chairman. Murray A. Stoller. James E. Jones and H. Cletus Broyles for tabulation, report and recommendation to Council. the City Attorney to prepare the proper measure in accordance with the recommendation of the committee. The motion was seconded by Mr. Jones and unanimously adopted. CI~V HOME: Pursuant to notice of advertisement for bids on the removal of the boiler, stoker and water heater at the City Home nnd furnishing and installing 385 a uem oil fired boiler and necessaries, 'said proposals to be received by the City Clerk until t:30 p,m,, Monday, March 29, 1965~ and to be opened at 2:00 p,l,, befor* Coutcil, Mayor Dillard usbed if anyone had ney 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: Meddle Plumbing ~ Heating - $5,649,00 Progressive Products Corporation - 5,750,00 Lawn ~ Nelson Plumbing ~ Heating Corporation - 6,450,00 H, ~ H, Plumbing ~ Heating CoBpany - . 7,450,00 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, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance mith the recommendation of the committee. The motion mas seconded by Hr. Jones and unanimously adopted, PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement faf bids on the construction of the main entrance shelter of the Roanoke Transportation Museum located in ~asena Park, said proposals to be received by the City Clerk until 1:30 p,m,~ Monday, March 29, 1965, and to be opened at 2:00 p,m,, before Council, Mayor Dillard asked if anyone had any questions about the advertisement, and no represent- ative.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 followin bids: Name Amount Alternate Hodges Lumber Corporation - $ ?,200.00 Regional Construction Services, Incorporated - 80995.00 $ 8.995.00 Southwest Building Corporation - 10,450.00 10,900.00 Valley Contractors Corporation - 13.540.00 12.040.00 Mr. Stoller moved that the bids be referred to a committee composed of Messrso Vincent S, Wheeler, Chairman, Arthur S. Owens and H. Cletus Broyles for tabulation, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee. ~he motion was seconded by Mr. Jones and unanimously adopted. COUNCIL: At this point, Preston Young, Eagle Scout. appeared before Conncil and sold tichets to Mayor Dillard and the members of Council in connection with the promotion of a Boy Scout program which will be held on May 14-15, 1965. PETITIONS AND COMMUNICATIONS: REFUNDS AND REBATES-LICENSES: A communication from Mrs. Nadine McClahanaz advising that on March 1~, 1965, she purchased a city automobile license tag for Mr. E. K. McClanahan from mhom she has been separated for the past eight year~, that Mr. McClanahan has since entered the Veterans Administration Hospital in Richmond and will not be residing tn Roanoke, that the car is being transported to Grundy, and requesting that she be refunde~ the $10 she paid for the .tag, was before Council. '386 After n discussion of the mutter, Mr. Jones, suggesting that the City Attorney detvrmJoe nhether or not Mrs. McClanuhan is entitled to the refund rather than Hr. XcClanahun, Mr. Stoller moved that Council concur In the request for n refund and that the matter be referred to the City Attorney for preparation or the proper measure. The motion mas seconded by M£e Pollard and unanimously adopted. SENEIS AND STORM BRAINS: A Resolution of the Board of Supervisors of Roan*he County, requesting that the contract between the City of Roanoke and the County of Roanoke, dated September 20, 1954, deullBg with the treatment of domestic and commercial wastes, be amended by adding thereto u tract Of land containing limits of Salem and nest of Virginia Route 116 (Cove Road), was before Council. Hr. St*lief moved that the request be referred to a committee composed of Ressrs. Arthur So Owens. Janes N. ~lncnnon, Roy L. Nebber and Hurray A. St*lief for study, report and recommendation to Council. The motion was seconded by Mr. Pond and unanimously adopted. ZONING: A petition signed by 12 residents of the 2300 block of Colonial Avenue. S, U., requesting that property located on Colonial Avenne, between Y~enty-third Street and,Tm,ri.y-fourth Street, described as Lots 1-8, inclusive~ Block 1, Colonial'Heights, Official Tax Nos. 1271001-1271008, inclusive, and Lots 36-44, inclusive, Block 4. Nan*nm Addition. Official Tax Nos, 1270536-1270544, inclusive, be Fez*ned from General Residence District to Business District, was On motion of Mr. St*lief, seconded by Mr. Pollard and unanimously adopted the request for fez*ming was referred to the City Planning Commission for study, STREETS AND ALLEYS: A petition of Nr, R. Caldwell Butler, Attorney, representing Hr. Lewis B. Evans, requesting that an alley between Livingston Road alley extending from Livingston Road to the above alley, be vacated, discontinued Hr. St*lief offered the following Resolution appointing viewers in connection with the application: (~16350) A RESOLUTION providing for the appointment of five viewers in connection with the application of Lewis D. Evans to permanently vacate, discontinue and close those two certain alleys, hereinafter described. (For full text of Res*luaU*nm see Resolution Hook No. 28, page 110,) Rr, Stoller moved the adoption of the Resolution; Yhe motion was seconded by Hr, Pond and adapted by the following vote: AYES: Ressrs. Garland, Jones, Pollard, Pond, Stoller, Hheeler and Nayor Dillard ....................... 7. NAYS: None ..................O. 387 It appearing that the City Planning Commission has already submitted its report, recom·endin9 that the alley,s in question be vacated, discontinued and closed, Btu Stoller moved th·t · public hearing on the matter be held at 7:30 pom** Hay 31 1965. The potion mas seconded by Mr. ~oues and unsnimously adopted. BDDGET-RECBEATION DEPARTBENT-PARKS AND PLAYOROUNDS: Conncll.at its meeting on Bay 16, 1964, having referred to the Budget Commission a cotmunication from Mr. flu Ye Robipson, Pre,ideal, of the M~lducod, Clvlc league, requesting that $15,000 be included in the 1965 badger fur an enclosed perk shelter at Thrasher Park, amd no fa·ds for the shelter having bee· Included in the 1965 budget, a ~omau~Jcation from Mr. Robinson, asking that the matter be referred to the Budget Commission for inclusion in the budget for the fiscal year 1965-66 and raising the question that if this l~ew cannot be Included in the budget would the Mildwood Civic League be permitted to undertake this project with funds collected and donated by Its own membership and their friends, was before the body. Mr. Garland moved that the request be referred to the Budget Commission for its information in connection mlth consideration of the budget for the fiscal year 1965-66. The motion was seconded by Mr. Jones and unanimously adopted. . REPORT5 OF OFFICERS: BUDGET-PARKS AND PLAYGROUNDS: Council having referred an offer of the Roanoke Transportation Ruseum Committee of four boats to be used on Roanoke River In the vicinity of ~he Transportation Museum to the City Manager for.study with the Director of Parks and Recreation and to report bank to the body with his recommendation, the City Manager submitted a written report, advising that he thinks this woeldbe an adjunct to the general operations of parks and playgrounds, and Mr. Sag!let 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,seCqnded by Mr. Pollard and nnantmonsly adopted. In thls connection, Mr. James O. T~out, Chairman of the ~ransportation Museum Committee, having presented n check in the amount of $1,065 for the purchase of three of the boats at the last regular meeting of Council. and the body having adopted a motion ,that the check be accepted and transmitted to the City Auditor for deposit in the General F~nds, the City Manager submitted a written report, recommending that $910.61 be transferred from Section ·167, "Contingencies," to Other Equipment - ~ew under Section ~111. "Recreation, Parks and Recreational Are~ and that $174.39 be appropriated to Other Equipment - New under Section *Recreation, Parks and Recreational Areas,w Of the lg65 budget, to cover the contributed by the ~oanoke T~anapo~tatJon Mqseum C~mmJttee. Mr. Broiler moved that Council concur in the recommendation of the City Manager a~d offered the following emergency Ordinance: 388 (s!63§1) AN ORDINANCE to om*ad and reordain Section alii, "Recreation, Perks and gecreatJonel Areas,' and Section 8167. "Contiogeacies,# of the 1965 Appropriation Ordinance. and providing for an emergeacy. · (For full text of Ordinance, see Ordinance Book No. 28, page 111.) , Mr. St,liar saved tie ed,prioR of the Ordiasace. The motion mss seconded by Mr. Garland and adopted by the f,Il,ming vole: AXES: Messrs. Garland, Jones, Pollard, Pond, St,liar, Mb*el*r-and Mayor Dillard .........................?. ~ HATS: H,am ................. BDDGST-HUSTIN6S COURT: The Cit~ Osnager submitted a mritten report. recommending that $131 be appropriated to Maintenance of Oschinery and Equipment under Section =20, "Oustings Court,' of the 1965 budgett to cover the cost of a maintenance contract for recording equipment used in the Hustings Court. Mr. Garland moved that Council concur in the recommendation of the City Manager and ~ffered the following emergency Ordinance: (n16352) AN ORDINANCE to amend and reordain Section u20, "Oustings Court,* of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book aaa 28, page 112.) Mr. Garland moved the adoption of the Ordinance. The motion mas seconded by Mr° Pond and adopted by the following vote: AYES: Messrs. Garlnndt Jones. ~ollard, Pond, Stoller, Rheeler and Mayor Dillard .......................... 7, NAYS: None ..................O. · BUDGET-POLICE DEPARTHENT-JUVENILE AND DOMESTIC RELATIONS COURT: Council its last regular meeting haven9 concurred in the recommendations of the City Manager for setting up a Youth Division of the Police Department and having referred the matter to the City Attorney for preparation of the proper measure, and one of the recommendations being that physical changes be sade in the Police Department to provide office space at a cost not to exceed $3,000, the City Manager submitted a written report, requesting that the $3,000 be appropriated. Mr. St.lief moved that Council concur in the request of the City Manager and offered the following emergency Ordinance: (~16353) AN ORDINANCE to amend and reordain Section ~88, "Maintenance Of City Property** of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see,Ordinance Book No. 28. page 112.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stall.r, Mheeler and Mayor Dillard ....................... 7. NAYS: None .................O, 389 BUDGET-PAY PLAN~ The City Man*get submitted the following report recom- mending that he be authorized to fill certain vacancies in various municipal 'Roanoke, Virginia March 29, 1965 To the City Council Roanoke, Vlrglnlu Gentlemen: The foil*wing.employees are needed for the efficient o~erntlon of the City Government: Sewage Treatment Plant - I Maintenance Helper Group 8, Step 1 Street Repair - I Shift Clerk Group 17, Step 1 Detention Home - Superintendent, Group 10 Respectfully submitted, S! Arthur S, Ouens City Manager' Mr. St*liar moved that Conncil concur in the recommendations of the City Manager and that the matter he referred to the City Attorney for preparation Of the WATER DEPARTMENT: The City Manager submitted a written report, recom- Woody in connection with the'Tinker Creek Diversion project for a price of $I50. MFo St*lief moved that Council concur in the recommendation of the City Manager and Offered the following emergency Ordinance: (~16354) AN ORDINANCE authorizing the acquisition of certain additional easements related to the City*s Mater Department Tinker Creek Diversion project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 113,) Mr, St,lief moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. St*liar, ~heeler and Mayor Dillard ......................... 7. NAYS: None ................ O, STATE HIGHWAYS: Council having adopted Ordinance No. 14716 on February 19, 1962, generally approving a project for widening Franklin Road, S. W., from the Norfolk and Meat*Fa Bailmay Underpass to a point approximately 1200 feet south of Beechwood Drive, and authorizing the C~ty Manager to negotiate with the United States Bureau of Public Roads and the Virginia Department of Highways in an effort to have the project approved, the City Manager submitted the followi~g report: ~Roanoke, Virginia March 22, 1965 TO the City Council Roanoke, Virginia Gentlemen: In 1962, property owners and interested citizens on Franklin Road asked me to join with them in a meeting, mhereby efforts departments since they are of an emergency nature: 390 would be wide to alden *ed improve Franklin Bold from the Underpass south to the City Limits. The committee'of citizens nod property oma*rs assured we that they mould secure the eeceisury lO-foot right or uny on both sides of Franklin Road from Broadway to the City Limits, if the City would he able to get the project eccou- pllsbed under Fedora! Aid Urban Funds, State Department of Highways and City rinds, at which time was $0 - 25 - 25° Thh committee has uorked bard on this project, and the gentle- men are to be comeended for their tireless efforts; however, me have been unable to secure 108 percent participation from the property garters. Therefore, Council has the alternate or abandoning the plan, or proceeding with it. If we abandon the plan. the City mill have to pay all engineering feet estimated ut approximately $12,000 to $15,000. Me uould lose the improvements that the Appalachian Power Company has agreed to install at o cost of approx- imately $$$,000. The Chesapeake and Potomac Telephone Company has agreed to improve their layout along Franklin Road at a cost estimated at $50.000. In addition, we mould have to pave Franklin Road, either this year or next% ir funds were provided at a cost of approximately $15,000. Re must relay a portion of the sewer on Franklin Road at a cost of $30,000 and replace our fire alarm system at a cost of $6,000 irrespective of whether the project is continued or not. If me buy the necessary land either by condemnation or agreement, the estimated cost for the 8200 lineal feet would be approximately $205,000, of-which the City*s portion would be 25 percent as described in Mr. Lo O. Bolton*s letter of March 170 1965. The City would also install the street according to accepted highmay standards milk*ut the several exceptions required by the property nun*rs in the donation of property. I have conferred with State Department of Righeays* officials both in Salem and Richmond and find that, as usual, they ore most co-operative with and understanding of City Counciles problem; and if yon desire to have this work accomplished now. rather than face the Jeopardy of losing contributing funds at a later date when the Southwest Express May is completed and funds would no longer be available on Franklin Road t220 to the South.* I am uttacbiug hereto a letter from Mr. Lo O. Uolton. Urban Engineer of the State Department of 8ighuays, expressing the Highways~ vi.us and willingness t6 mdve ahead on this project; therefore° I recommend that you agree to provide the 25 percent funds necessary for right of way and IS percent for construction costs by ad6pting an appropriate resolution. There is already provided in the project sufficient funds in my Judgment to more than pay for our portion of the cost and the State Department of Highways will refund to the City money paid for right of way as rapidly as it is acquired. Resolution Ho. 14T16 adopted by City Council on February 19, 1962, does not commit the City to a~y participation in right-of- way cost~. I have a complete file in my office, which is entirely ~oo voluminous to enter into the records, as much of it is preliminary . details, which will be changed before the final project is completed. Respectfully submitted. S/ Arthur S. Ow*us City Manager" After a lengthy discussion of the matter. Mr. St,lief moved that Council concur ii*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 adopted. Mr. Jones voting no. BUDGET-ANNEXATION-SEWERS AND STORM DRAINS: The City Manager submitted a written report, transmitting a petition signed by three-fourths of the property owners in a portion 'of the Edgehill section Nh*se residences were sew*red by septic tank as of the date of entry of the Order of Annexation in the Circuit Court of Roanoke County, Virginia, on September 14, 1964~ requesting that pursuant to Section 8 of the Order the City of Roanoke Install at Its cost within 'one year · sanitary sewer system to serve their area, the City Manager recommending that $45,000 be included in the'proposed 1965-66 budget for consideration. Hr, Mheeler moved ~thnt the matter be referred to the Budget Commission for its Information 1· connection with consideration of the budget for the fiscal year 1965-66, The motion was seconded by Mr. Pollard and unanimously adopted. CLAIMS-TRAFFIC: The City Manager submitted a written report, advising that on December 1, 1964. Mr. Kenneth Mllllam Johnson, Rr, t 510 Meadoubrook Drive, H~rietta,Georgia, mas illegally parked la the City of Roanoke and his car mas moved by a city wrecker to the City Garage, that inadvertently a pin holding the mrecker*s two bar suddenly snapped, causing damage to Mr, Johnson's car in the amount of $~.60, that the Assistant City Attorney has ruled the City of Roanoke is not liable for the damage, but the City Manager Is of the opinion Mr. Johnson had nothing to do with the actual damage to his car, which was inadvertently caused by unforeseeable circumstances 'in the moving of the CaF, the City Ranager recommending that Councll authorize the payment of $S8,60 to Mr. Johnson, Mr. Garland voiced the opinion that even though the city is not legally liable it is morally so and moved that Council concur In the recommendation of the Clay Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Wheeler and adopted, Messrs. Jones and Stoller voting no. PURCHASE OF PROPERTY-AIRPORT: Council having adopted Ordinance No. 16165 on December' 14, 1964, providing for the purchase of a O,$25-acre lot and dwelling house thereon required as a part Of the north clear zone for Runway 15-35 at Roanoke Municipal(Woodrum) Airport from Joseph C. Hrown and Margaret A, Hrown for a sum not to exceed $18,000, the City Manager submitted a written report, advising that Mr. and Mrs. Drown have made a counteroffer of $18t?SR, and recommende that the counteroffer be accepted. Mr, Stoller moved that Council concur in the recommendation Of the City Manager and offered the folloming Resolution: (~16355) A RE$OLRTXON relating to the City's acquisition of certain land in Roanoke Hounty heretofore authorized to be acquired by Ordinance No. 16165. (For full text of Resolution, see Resolution Rook No. 28, page 114.) Mr. Stoller moved the adoption of the Resolution. The motion mas seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, Stoller, Wheeler and Mayor Dillard ........................ 7, NAYS: None ................ O. REPORTR: The City Manager submitted a written report, transmitting a report of the Department of Public Welfare for the month of January, 1965, and listing other monthly departmental reports on file in his office. ~392 Om motion ot Hr. Mbeeler~ seconded by NFo Foliard and unanimously udopted~ the report mas filed, ZOMIRG: Council having referred to the .City Planning Commission rot study, report and recommendation a request ot Mr, Morton Rosenherg, et mi,, that property located on the west side of Thirteenth Street, S, M., between. Chapman Avenue and Cnupbell Avenue, described as part of Lots 1, 2 and 3, Dlock 16, Mast End and River VJem, Official Tax Mo, 122021~1, be rezoned from Special Residence District to Business District, the City Planning Commission sub~ltted a mritten r?port, recommending that the request be granted. Mr. Stoller moved that a public hearing on the matter be held at 7:30 p.m.. May 3, 1965. The motion was seconded b! Mr. Pond and unanimously adopted. REPORT5 OF CDHMITTEES: SEWERS AND STORM DRAINS: The committee appointed to tabulate bids received on the construction of a storm drain in the vicinity of Fanorama Heights from Red Fox Drive to West Side Boulevard submitted the following report: "March 25, 1965 To the City Council Roanoke, Virginia Attached hereto is a tabulation of bids for the construction of a storm drain line in the vicinity of Panorama Heights, from Red Fox Drive to West Side Boulevard. These bids were opened before City Council at its meeting o~ #onday. March 22, 1965. Upon review, the Committee finds the expense involved not Justifiable in light of other City needs. The Department of Public Works has stated that it believes the immediate problem at the intersection of Salem Turnpike and Red Fox Drive may be materially decreased by a lesser amount of constructione which can be handled by City maintenance forces. The Uommittee, therefore, recommends that all bids be rejected, City forces handle the immediate problem, and the ultimate improvement be considered at a later date as the necessity arises. $! Vincent .St Wheeler ¥1nc~nt S. Nheeler. Chairman S/ Arthur St Owens Arthur S. Owens S/ William r. Clark William Fo Clark" In this connection, Mrs. Cleopa #. Goode, 3?$9 Salem ~uroplke. M. W.. appeared before Council and complained that unless the storm drain is extended to West Side Boulevard the drainage problem at the rear of her property will not be solved. After a discussion of the matter. RFo Wheeler painting out that the original request of property owners and residents of the 3TO0 and 3800 blocks of Salem Turnpike, N. W** was f6F the'installation of'approximately 80 yards of storm drain to remove storm water fram the lom point in front of 3737 Salem Turnpike, carry It oter the high spot in front of 3759 Salem Turnpike and discharge it Into an Open drainage ditch at an esttnate'd cost of $9,500. and that city forces can handle the l~medl~te problem of storm water In front of the p£opetties on Salem Turnpike, moved that Council concur in the recommendations of the committee and offered the following Resolution: (n16356) A RESOLUTION rejecting certain bids made for proposed construc- tion or a storm drain line ia the vicinity of Panorama Heights, from Red Fox Drive to Hast Side Boulevard, (For full tent of Resolution, see Resolution Hook No, 28, page 115,) Hr, #heeler moved the adoption of the Resolution. The motion mas seconded by Hr, Stoller end adopted by the following vote: AYES: Ressrs, Garland, Joaest Pollnrdt Pond° Stollero Hheeler end Mayor Dillard ........................ ?. RAYS: None ..................O, Mr, P~nd then moved that the question of ultimately extending a storm drain in the vicinity be referred to the City Manager for further study, report and recommendation to Council, The motion was seconded by Hr. Jones and unanimously adopted, DEPARTMENT OF PUBLIC WORKS-GARBAGE REROVAL: The committee appointed to tabulate bids received on five refuse bodies, rear loading type, minimum capacity 16 cubic yards,'with an alternate of five refuse hodies~ cylindrical type, minimum capacity lB cubic yards; tmo refuse bodies, cylindrical type, miqimnm capacity 16 cubic yards; and five trucks, cabs and chassis only, submitted the following report; "March 25, 1965 To the City Council Roanoke, Virginia Your Committee appointed to study and make recommendations On Refuse Bodies and Trqck Chassis, met on Thursday, March 25. 1965 and submits the folloning report and recommendations. Due to the complexity of the bids it was necessary to revieu all bids at the same time in order to de~ermiqe the apparent overall lom bids. Thefollomingis a summary of the low bids as shoun on the attached tabulations. Truck E~uioment Coro. 5 Refuse Bodies (Truxmore) $17,990 Antrim Motors 5 Truck Chassis f.o.b. Richmond, Virginia $12,950 Truck Equipment Corp, 2 Refuse Bodies f.o.b. Roanoke, Virginia $ 6,796 $37,T36 Municiual Sales Co.. Inc. 5 Refuse Bodies f.o.b. Roanoke, Virginia $17,000 Antrim Motors' 5 Truck Chassis f.o,b, San Antonio, Texas $13,600 Municipal Sal~s Co,. Inc. 2 Reiuse Bodies f.o,b, Roanoke,' Virginia ~ 6,540 $37,140 From the above summary there mas a difference of $596.00 between the apparent lom bid submitted by Municipal Sales Co., Inc., and Truck Equipment ~orp., th~ next, low bidder. Your Committee recommends the following: '393 394 uo That the Contract for the 5 track chassis delivered f.o.b. Richmond. Virginia be awarded to Aatrim Motor C?psay in the amount of $12.950. b. That the contract for the 5 refuse bodies to be mounted on 5 hem truck chassis, f.o.b. Roanoke. Virginia and 2 refuse bodies to be mounted on existing City of Moan,he t~acks. Yon.b. Roanoke. Virginia. be awarded to Truck EquipMent Corp.. in the amount of $24.786. brought forward $590.45 Differeece in delivery time and cost value 20 days x 5 - 100 days x $30 u $3.000 43 days x 2 - 86 days x $30 - $2.590 $5.580.00 Total All Costs $6o170.00 Less differential in bids 596t00 Amount it IS morth to City to accept $~.574.00 bid submitted by Truck Equipment Corp,, in lieu of apparent low bid submitted by Municipal Sales Co.. Inc. Plus these facts= The City already has seven units of °Trnxaoret - we have had excellent maintenance experience during past two years-good parts supply and repair shop Jn Ri.ha,nd. 150 Truxmore rackers in the State Of Virginia, 1600 units in 20 state area (Eastern U, S.) 'tPackmoret as bid on by Municipal Sales have only 3 or 4 Il Virginia. questionable parts supply and repair service. There Is one major disadvantage to the ePackmoret relatlre to the unloading mechanism. A man Is required to go to the rear of the truck~ unlatch the fastener and swing the doors back mhen unloading at the incinerator. This requires the troch to stop short of the pit to perform this operation and often there is considerable spillage at this paint before the truck is backed to the pit. To secure the door after the load has been emptied the truck must pull out and the man is required to go back of the truck and fasten the door, This operation Is unsafet dirty and time con- suming. Tour Committee feels that the City i$ Justified tn accepting the Truck Equipment Corp.. bid. because of the justification as set forth in the enclosed attachment. There are sufficient fonds set up In the 1965 ,udDer to cover this equipment, S! ¥incent S. Mheeler, S/ Arthur St Owens Vincent S. Wheeler. Chair=an Arthur S. Owens S/ Re'ray A, Stoller S/ N, Cletus Broyles Murray A, Stoller R, Cletus Broyles~ Mr, Mheeler moved that Council concur in the recommendations of the committee and offered the following emergency Ordinance: (z163§?) AN ORDINANCE prnvidin9 for the purchase of five truck chassis; for five refuse 'truck bodies to be mounted on said new truck chassis; for two rufus. truck bodies to be mounted on existing City owned trucks, all for the use of the Cltyes SanitatiOn Division, Department of Public ~orks. Refuse Collection and Disposal; rejecting certain other bids made for the supply of sa=e; and providing for ae emergency. (For full text of Ordinance, see Ordinance Rook No, 28, page 116,) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconded by Mr. St,liar and adopted by the following vote: AYES= ~essrs,' Garland, Jones, Follard, Pond, St,liar, Mheeler and Mayor Dillard ...................... ?. NAYS: ~one .................. O. 395 TIAFFIC ENGINEERING AND COMMCNICATIONS~ The committee oppofnted in tabulate bids received on traffic paint cad glass traffic beads submitted the following report: *March 22. 1965 To the City Council ioosohe. Virginia Gentlemen: On March 22. 1965 bids mere opened and read before City Council for supplying traffic paint and glass traffic beads to certain municipal departments. JaegJe Paint and Varnish Company Is low bidder for supplying the traffic paint as follows: Item No, I - Y~llou Traffic paint No, 43 960 gals. for Public Works Gept.. Account 83039 $1.63 gal. = Item Not 2 - White Traffic Paint Not 42 750 gals. for Public Works Dept.. Account 83-39 $1.58 gal. = $1.185.00 500 gals. for Municipal Airport, Account 89-39 $1.58 gal. = 700,00 $1.975,00 Item Not 3 - Chlorinated Rubber, White Traffic Paint 1,000 gals. for Public Works Dept., Account 83-39 $2.06 ga~. $2,060,00 Priswo Safety Corporation is low bidder for supplying the glass traffic beads as follows: Item Nor 4 - Glass Traffic B~ads 12,000 lbs. for Public Works Dept,, Account 63-39 $,11 lb.' - $1,320,00 3,000 lbs. for Municipal Airport, Account 69-39 $.11 lb. = 330t00 ~!,650,00 The above prices are Net, F.O.B. Roanoke, Virginia. The traffic paint and 91ass traffic beads shall meet all specifications as advertised by the City of Roanoke. The Committee recommends that the low bids be accepted as outlined above. Respectfully submitted, COMMITTEE: S/ Roy R. Pollard. Sr. Roy R. Pollard, Sr., Chairman $/ Arthur St Omens Arthur S, Omens S/ J~ D, Sink J. D, Sink" Mr. Pollard moved that Council concur in the recommendations of the committee and offered the following emergency Ordinance: (316358) AN ORDINANCE accepting certain bids made to the City for the- supply of certain types and'quantities of traffic paint and of glass traffic beads and authorizing purchase orders to be issued therefor; rejecting certain other bids made to the City for the supply of said materials; and proridlog for an emergency, (For full text of Ordinance, see Ordinance Rook'No. 28, page 117.) Mr. Pollard moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ....... NAYS: None .................. O, UNFINISHED BUSINESS: HONE. CONSIDERATION OF CLAIMS: NONE. 396 INYRODUCYlON AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PARKS AND PLAYGROUNDS: Conncil having directed the City Attorney to prepare the proper measure enlarging the duties or the Transportation Museum Committee in order that It might aid in the development, construction end beautifi- cation of Roanoke Sleet from the eastern to the western city limits, he presented sane; whereupon, Mr. St*liar offered the foil*ming Resolution: (n16359) A RESOLDTION extending the duties of the City*s Transportation Museum Commi)tee. (For full text of Resolution, see Resolution Boob No. 28, page liB.) Hr. Stoller moved the adoption of the Resolution, The lotion mas seconde~ by Mr. Pond and adopted by the following vote: AYES: Reuses. Garland, Jones, Pollard, Pond, St*liar, Wheeler end Mayor Dillard .......................... ?. NAYS: None ..................O. OFFICE HOURS-POLICE D£PARTMENT: Council having directed the City Att*rna to prepare the proper measure amending Subsection (b), Section 11, Chapter 3. Title II. of The Code of the City of Roanoke. 1956. to provide that employees of the Police Department be given holidays on the same basis as other city employees on a 40-hour work week, he presented same; whereupon, Mr, St*liar offered the full*mia emergency Ordinanace: (n16360) AN ORDINANCE amending ,subsection (b) of Sec. llq, Chapter Title Il of the Code of the City of Roanoke, 1955, relating to certain legal hollda and ~rovidtng for an emergency, (For full text of Ordinance, see Ordinance Book No, 26, page 119.) Mr. St*lieF moved the adoption of the Ordinance, The motion was seconded by Mr, Jones and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard. Pond, St*lieF. Wheeler and Rayor Dillard .......................... ~AYS: None ..................O. In this connection, Mr. Jones raised the question of treating members of the Fire Department like other city employees with regard tO legal holidays and suggested that a committee composed of the City Manager, the City Attorney, the Chief of Police and the Fire Chief be appointed to study the matter. After a discussion as to who should serve on the committee, Mr. Jones moved that the matter of granting members of the Fire Department the same holidays observed by other city employees be referred to a committee composed of Messrs. James £. Jones, Chairman, Robert A. Garland and Arthur S. Owens for study, report and recommendation to Council, The motion was seconded by Mr, St*Ilar and unani- mously adopted, With further reference to holidays for city employees, Mayor Dillar~ and RFc St*lieF pointed out that hardly anyone except federalt state and city employees observes Mashington*s Birthday as a legal holiday and raised the question of eliminating observance of this holiday by city employees, 397 ATTEST: / City Clerk On motion.of Hr, Stoller, seconded by Hr. Jones and unanimously adopted, the matter of holidays for city employees naa referred to the Personnel floard for study, report and recommendation to Council. SCHOOLS: Council knving directed the City Attorney to prepare the proper measure providing rot tbe.partlnipotion of the City or Roanoke in certain programs under the Economic Opportunity Act of 1964, he presented same; nhereupon, MPa Jones offered the follouing Resolution:. (n16361) A RESOLUTION providing for the participation of the City of Roanoke in certain programs, later to be developed, under the Economic Opportunity Act of 1964; concurring in the appointment of · comuittee to assist in the develop- sent and screening of the various of said pFogromsl and providing for the adminis- tration of said progFaos by the Roanoke Valley Council of Community Services. (FaF full text of Resolution. see Resolution Book No. 26, page 120.) Hr. Jones moved the adoption of the Resolution. The motion mas seconded by Hr. Stoller and adopted by the folloming vote: AYES: Messrs. Garland, Jones, Pollard. Pond, Stoller, Wheeler and Mayor Dillard .......................... 7, NAYS: None .................. O. ROYIONS AND MISCELLANEOUS BUSINESS: NONE. On motion of Mr. Pollard, seconded by Mr. Garland and unanimously adopted the meeting was adjourned, · - APPROVED Mayor '398 COUNCIL, REGULAR MEETING, Monday, April 5. 1965. The Council of the City or Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, April 5, 1965, at 7:30 p.m., mith Mayor Olliard p~esiding, PRESENT: Councilmen Robert A. Gnrland,.James E, Jones, Boy R. Pollard, St** Clarence E, Pond, Murray A. St*lief, Vincent B. Rheeler and Mayor Uenton O, Dillard .......................? ...... ABSENT: None .............. O. OFFICERS PRESENT: Mr. Arthur So Omens, City Manager, Mr. James Klncnnon. Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The me.tin9 mas opened with a prayer by the Reverend David D.Berry, Pastor, Bt. Paul Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, March 15, 1965. hating been.furnished eachmember.of Council, on motion of Mr. Stoller 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-STREETS AND ALLEYS: Council h~ving continued a public hearing on the question of establishing a setback line on Colonial Avenue. $. M., from Brandon Avenue to the corporate limits, to provide for an 80-foot street, until ?:30 Monday, April 5, 1965, in order that the City Engineer might meet with the resident2 of Colonial Avenue for the purpose of explaining the proposed setback line in detail, the matter was again before the body. Mr. Milliam F. Clark. City Engineer, informed Council that he met with approximately 40 residents of Colonial Avenue and explained that a building setback line is what is being proposed, that he is of the opinion a building setback line of 60 feet from either side of the cent.flirt, of Colonial Avenue is sufficient and that the residents appeared to be satisfied mith his explanation. In this connection, the following communication from the City Planning Commission, rescinding its previous recommendation for the establishment of an BO-foot building setback line from either side of the centerline of Colonial Avenue and recommending the establishment of a 60-foot setback line, was before Council: "March 11, 1965 The Honorable Henton O. Dillard, Mayor and Members of City Council Roanoke. Virginia Gentlemen: At its regular meeting of March I0, 1965 the City Planning Com- mission considered the question of setback lines to be established on Colonial Avenue, S. g. 399 Mr, William F, Clark, City Engineer, presented to the Commission the findings or*u recent survey of Colonial Avenue ia respect to the actlal setback of existing structures, It nos found that the majority of the structures have been erected behind a line 60 reel from the center of the existing roadway, After careful study of oil factors involved, the Planning Cam- mission concluded that it mould be'adrlsnble to observe the present location of houses nad establish a 6a-root setback line on Colonial Avenue extending from Braadon Avenue to Overland Road, The Commission also rescinded its previous recommendation to Council rot the establishment of ua 80-foot setback line on Colonial Aveuueo It also appears advisable at this time to establish the setback line only to Overland Road. Beyond this point Colonial Avenue is bordered by public land on both sides to Minding Way. From there to the city limits Colonial Avenue is bordered by residential development located within the city limits os cae side and within Roanoke Connty on the other side. In this location any recommendations relative to setback lines should be developed in cooperation math the State Hlghmay Bepartment, Very truly yours, S/ Merner K. Sensbach for Henry Bo Boynton Messrs. R. R. Greenwood and M, J. Bobbs, JF** appeared before Council and advised that they have no objection to the establishment of a 60-foot building setback line. No one appearing in opposition to the proposed setback line, Mr. Stoller moved that Council concur in the recommendation of the City Planning Commission that a 60-foot building setback line be established from either side of the center- line of Colonial Avenue, S. W** from Brandon Avenue to Overland Road, and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was. seconded by Rrm Rheeler and unanimously adopted. -- STREETS AND ALLEYS: Council having previously set a public hearing for 7:30 p.m., Monday, April 5, 1965, on the request of American Motor Inns, Incorpora- ted, that a certain alley known as Camps Alley, lying between the northerly side of 'RcDowell Avenue ucd the southerly side of Orange Avenue, N, E,, and that portion of Rockview Avenue extending 288.05 feet in a southeasterly direction from Camps Alley parallel to RcDowell Avenue and Orange Avenue be vacated, discontinued-and closed, the matter nas before the body. In this connection, the following communication from the City Planning Commission, recommending that the request be dealed, was before Council: 'February 25, 1965 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Centlemen: At its regular meeting of February 24, 1965 the City Planning Commission considered this alley and street closing request. The attorney for the petitioners indicated that the closing of this alley would enable the American Motor Inns, Inc., to expand their operation and utilize their properties located adjacent the alley to greater advantage, Field inspection revealed to the Planning Commission that the alley is located on steep, unuseable laud, while Rockview Avenue intersecting at the half-way mark has never been opened because of the difficult terrain. .400 It nas noted, however, that. Compts Alley o.sd portions of . Roekvlem Avenue alii be needed to accomplish the construction of ou Intersection between Mllliamson Road and U, S, 460, The layout for this grade separated intersection is shoyn on Plate 83 of the MaJor. Arterial Highway Plan, which uno recently adopted by City Council. Therefore, this street and alley closing request cannot be supported by the City Planning Cam= mission, as the laud involved will be needed for future public use. The City Planning Commission, therefore, recommends to City Council to deny the above request. Sincerely fours, S/ R, K. Sensbach for Henry H. Boynton Chairman" Council having appointed vJeners In connection with the application, the viewers submitted a written report, advising that they have visited and viewed the alley and street 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 ~losing sane. Mr. Ben R. Richardson, Attorney. representing the petitionert appeared before Council in support of the request of his client, stating that he does not believe the canstruction of an Intersection between Williamson Road and U. S. Route 460 will ever materialize be*arise Jt would require the acquisition of expensive property such as the rear of the tract of land occupied by the Magic City Rotor Corporation and that he feels it is a question of whether or not the property of his client shall be otflized to the best economical use by the granting of the request or further expansion discouraged by the denying of said request. In a discussion of the matter, Council pointed out that a project for uidenin9 Orange Avenue westward from the east corporate limits has already, been ; initiated, that a portion of Camps Alley will be needed in connection with the . street widening project and. that this portion should be omitted from the Ordinance if the request for vacating, discontinuin9 and el'*sing Camps Alley Is granted. Rt. Pollard raised the question as to whether or not the petitioner would be willing to convey the alley and street proposed to be vacated, discontinued and closed back to the City of Roanoke for the nominal.sum of $1,00 if the alley and street are needed in the future for the construction of an intersection between Williamson Read. and 0. So Route 460, Rt. Richardson indicating that his client would be agreeable to these conditions, Rt. Wheeler moved that the draft of Ordinance providing for the vacetin discontinuing and closing of a portion of Camps Alie~ and Rechview Avenue be referre back to the attorney for redrafting.tn accordance with conditions mutually agreed upon during the discussion. The motion was seconded by R~, Pollard and unanimously adopted, STATE HIGHWAYS: A group of approximately 20 residents of the city and connty consisting of members of the Mount Pleasant Clvtc Club, M~yflower Hills '401 Civic Club, Co*peris Cove Civic Club and Red Valley Civic Club oppeored before Council. with Mr. Priace E. Th*rumoR acting us spokesman, end requested that o portion of Virginia Route 116, especially Mount Pleasant Boulevard, S. E., be improved, Mr. Thornton explaining that be represents approximately 200 families living in the county, but that the major portion of these people work in Roanoke and commute, back and forth, and that they also shop in Roanoke. In u discussion of the matter, Hr. Hllliam F. Clark, City Engineer, pointed out that Route 116 is included in the Roanoke Valley Regional Area Major Arterial Highway Plan, but that the project Is scheduled for 1975-1980o After a lengthy discussion of the question, Mr. St*lief moved that the matter be referred to the City Manager for study and report to Council. The notion mas seconded by Mr. Pollard and adopted, Rayor Dillard voting no. PETITIONS AND CORRUNICATIONS: SEMERS AND STORM DRAINS: A petition signed by 56 residents of the ?00 and 800 blocks of lhlrtieth Street, N. W., requesting that a drainage problem in the area be corrected, Mas before Council. On motion of Mr. Rheeler, seconded by Mr. Garland and unanimously adopted, the matter was referred to the City Manager for study and report to Council. REFUNDS AND REBATES-LICENSES: A communication from Jones Welding Supplies Xncorporated, advising that a 1965 city tag was inadvertently purchased in the amount of $18 for one of its trucks used by Its branch office in Danville, Virginia, and requesting a refund of the $18, mas before Council. Mr. 5toiler moved that Council concur In the request and that the matter be referred to thc City Attorney for preparation of the proper measure. The motion was seconded by Mr. Pond and unanimously adopted. DEPARTMENT OF PUBLIC WORKS-GARBAGE REMOVAL: A communication from Mr. R. Paul Fultz, District Manager, Baker Equipment Engineering Company, complaining that Council requested bids on five rear end loading refuse bodies and two side loading refuse bodies and then d~sregarded~the specifications by purchasing seven side loading refuse bodies, mas before Council. It being pointed out that the advertisement for bids provided for alternat proposals on five side loading refuse bodies and that it was in the best interest Of the city to purchase the less expensive type, Hr. St.lief moved that the COmmunication be Tiled, The motion mas seconded by Hr, Wheeler and unanimously adopted. REPORTS OF OFFICERS: BUDGET-PAY PL.~N: The City Manager submitted the following report, recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: #Roanoke, Virginia April 5, 1965 To the City Council Roanoke, Virginia Gentlemen: ;402 The following employees are needed for the efficient .pert,ion of the City Government: Engineering: I ~enior Draftsmen. Group 0 '~arbag'e & Refuse Disposal: I Damps,er Dump'star Operator Group 6. Step Library - Reference Assistant. Grade 14 Respectfully submitted. S/ Arthur S. Omens a City #mangeru Mr. Sa.lief moved that Council concur in the recommendations of the City manager and thor the matter be. referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Pond and unanimously adopted. AIRPORT:. The City Mnnager submitted a written report, recommending that Council authorize the employment of extra legal services for the purpose of title examination and assistance in condemnation proceedings, if necessary, in connection with the acqoisltloa of properties for current projects at Room.he Municipal (Woodrum) Airport. Nv. Sa.lief moved that Council concur In the recommendation of the City er.and offered the foil.ming Resolution: (~16362) A RESOLUTION relating to the acquisition of properties necessary to be acquired for municipal Airport Projects, ,(For full text of Resolution, see Resolution Rook No. 28, page 121.) Mr. Sa.lief moved the adoption of the Resolution. The motion wac seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, at.lieF and Mheeler ....... 6. NAYS: Mayor Dillard .................................................... STATE HIGHWAYS-SEWERS AND STORM GRAINS: The City Manager submitted written report, recommending that Council concur in the awarding Of a.contract by the Virginia Department of Highways to Albert Nrothers Contractors, Incorporated. for a highway project on U. 5. Route dGO, including the construction of a storm draio from the east Corporate limits to Tinker Creek, and authorize the payment of $14,766.90t representing the city's share in the cost of the project, Mr. Stoller moved that Council concur in the recommendation of the City Manager and that the matter be refecred to the City Attorney for preparation of the proper measure, The motion mas seconded by Mr, Wheeler and unanimously adopted. AUDITS-SCHOOLS: The City Auditor subuitted a written report on the examination of the records of the Hooker T. Washington Jnnlnr High School for the school ~ear ending June 30. 1964. advising that all records were in order and the statement of receipts and disbursements reflects recorded transactions for the periol and the financial condition Of the fond. On motion ,of Mr. Nheeler, seconded by Mr. Pollard and unanimously adopted, the report was received and filed, ZONIRG~~ Couecil buying referred to the City Planning Commission for study, report and recommendation · request of Mrs. Mary Akers Hilts, that property located aa the south side of Essex Avenue, R. H** between Salem Turnpike amd Twenty-second Street. described as Lot 4, Hlock 100, Melrose Laud Company, 0frlclal Tax No. 2322809, be rezoaed from General Residence District to Light Industrial Dis*facto the City Planning Commission submitted · written report, recomwesding that the request be granted. Hr. St*lief waved that a public hearing on the matter be held et ?:30 p.m.'t Hay 3, 1965. The motion was seconded by Mr. #heeler and unanimously adopted. ZOHING: Council having referred to the City Planning Commas'sion for study, report and recommendation a request of Mr. Roy R. Pollard° Jr., that pr*pert: located bn the north side of Melrose Avenue, N. W., between Eighteenth Street and Nineteenth Street, described as Lot 12, Hlock 66, Melrose Land Company, Official Tax No. 2322111, be fez*ned from Special Residence District to Rusiness District, the City Planning Commission' submitted a written F~pOFt, recommending that the request be granted. Mr. Wheeler moved that a public hearing on the matter be held at ?:30 p.m., May 3, 1965. The motion was seconded by Mr. St*lieF and unanimously adopted. REPORTS OF COMMITTEES: CITY GOVERNMENT-CLERK OF THE COURTS: The committee appointed to tabulate bids received on microfilming certain records and supplying certain microfilming equipment for the office of the Clerk of the Courts submitted the following report: · March IT, 196S The Council of the City of Roanoke Gentlemen: Your Microfilm Study Committee has studied the bids for microfilming certain records in the office of the Clerk of Courts and furnishing certain equipment for said office. The bids are as follows: Hall ~ WcChesney, Inc. $18.450.00 Logan Gray. Inc. 18,079.50 Security Microfilm Service 17,23o. oo Technical Reproduction ~ Supply Corp. Did FI ' '13,137.00 Alternate Bid FI ll,20g, so Alternate Bid ~2 g,414.O~ Recordak Corporation 13,028.O0 Mann Film Laboratories, Incorporated 12,287.04 Remington Office Systems 11,893,73 All of the bids except that of Remington Office Systems and the Did FI and Alternate Did ~1 and Alternate Did m2 of Technical Reproduction ~ Supply CoFp, were submitted in accordance math 'specifications. Re recommend that those bids not meeting specifications be rejected along with all others except that of Mann Film Laboratories, Incorporated, (the lowest bid which meets specifica- tions) and that the bid of Mann Film Laboratories, Incorporated in the amount of $12,28T.04 be accepted, The appropriation contained in the current budget is sufficient, 403 404 Respectfully suhwlttedt. S/Burrey A. St*lief, Chairman S/ J, Robert Thomas S! Arthur S. Owees S! #mire7 A. Foster S/ #alher R. Cutter, Jr,u Mr. St*lieF moved that Council concur in the recommendation of the committee and *II*red the following emergency Ordinance: (m16363) AX ORDINANCE uwardiog u contract to Menu Film Lab*rat*ri*n, Incorporated, for the microfilming of certain records in the Office of the Clerk of Courts; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 28, page 122.) BF. St*lief moved the adoption of the Ordinance. The notion was seconded by Mr. Pond and adopted by the following rote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ......................... NAYS: None ..................O, SEWERS AND STORM DRAINS: The committee appointed to tabulate bids Nright Road and a portion of Colonial Avenue and Creston Avenue. S. M., submitted the following report: 'April 1, 1965 To the City Council Roanoke, Virginia Bids were received and opened before City Council at its meeting on Monday, March 2g, 1965 for the Construction of an 6" Sanitary Sewer Main to serve Robyn Road, Wright Road, a portion of Colonial As can be seen from the attached Tabulation of Bids, three (3) bids were received. The low bid was submitted by Roanoke Mood Preservers, Inc., in the amount of $52,462.?0. It should be noted that the actual bid was $52,664.20, but based on the unit prices which controls this figure was in error. It ia recommended that the contract be awarded to Roanoke Mood PreaerYers, ImCo, in the amount of $52,462o?0. The advertising cost for this,project amounted to $17.00. Carried over from the 1964 Budget under the heading of Capital Improvement was a sum of $49.?19.00 available for this project. A new appropriation of $2,760.70 will be required to complete the total project. $,!,,,Clarence E, Pond S/ Murray A, Stoller Clarence E. Pond, Chairman Murray Au Stoller S! James E. Jones S/ H, Cletus Broyles Mr. Pond moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance accepting the proposal of Roanoke 4O5 (s16364) AN OROINANCE providing for the construction of on O-inch sanitary sewer main t~ serve Robyn Road, Rright Roads and a portion of Colonial Avenue and. Creston Avenue, a portion of the Mrlght Road - Rohyn Road - Creston Avenue, S, R,s sanitary Sewer ProJect; awarding a contract therefor; rejecting certain other bids m~de for the performance or said work; and providing for an emergencyo (For full text of Ordinance, see Ordinance Book No, 20, page 123,) MF. Pond moved the adoption of the Ordinance, The motion mai seconded by Hr, Smaller and adopted by the following vote: AYES: Masaru. Garland, Jones, Pollard, Pond, Smaller, Wheeler and Mayor Dillard ....................... 7. NAYS: None .................. O. Rt. Pond then offered the followln~ emergency Ordinance appropriating the additional (=16365)' AN ORDINANCE to amend and'reordain Section =170, *Capital,# of the 1965 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 28, page 124,) Mr, Pond moved the'adoption of th~ Ordinance. The motion was seconded by RF. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Smaller, Wheeler and Mayor Oillard ......................... ?. NAYS: None .................O. With f~rther reference to the sewer project, Mr. Jones moved that a publJ, hearing on the matter be held at 2 p.m** Monday~ April 26, 1965, before Council acting as a committee of the whole, for the p~rpose of ascertaining the proper assessment or apportionment of the total cost of said project. The motion mas seconded by Wr. Pollard and unanimously adopted. CITY BORE~ The co~mitte~ appointed to t~bulate bids received on the removal of the boiler, stoker and water heater at the City Home and furnishing and installing a new oil fired boiler and accessories submitted the following report: "April 1, 1965 To the City Council Roanoke, Virginia Gentlemen: Bids were received and opened before City Council at its regular meeting on Monday, March 29, 1965 for the removal of boiler, stoker and water heater at the City Home; furnish and install new oil fired boiler and accessories. As ~an be seen from the attached tabulation of bids, four (4) bids were received. The low bid was submitted by Waddle Plumbing,and Heating, in the amount of $5,649.00. It is recommended ~hat the contract be awarded to Waddle Plumbing and Heating for this amount. The advertising cost of this job was $11.00. Included in the 1965 budget, Department Code 54 -- City Home, Ooject Code 51 -- Building and Fixing Equipment Replacement, is 406 the amount of $5,150,00, To complete this Job it alii bo necessary to appropriate the additional sum.of $510,00 to cover AFPROVED: S! Roy. R. Pollard. Sr. Ro~ R, Pollard, Chairman APPROVED~ B! ~rthur S. Owens APPROVED: S/ H, Cl~tus Hroeles Yeddle Plumbing amd Heating: (n16366) AN ORDINANCE awarding a contract to ~eddle Plumbing ~ Heating for the removal of boiler, atoher amd ~ater beater and furnishing amd installing (For full text of Ordinance. see Ordinance Hook No. 2B, page 125.) ~ayor Dillard .......................... ?. NAYS: None ..................O. the additional $510: (n16367) AN ORDINANCE to amend and reordain Section ~54, "City Home." (For full text of Ordinance, see Drdinance Hook No, 28, page 126o) ~a~or Dillard .......................... 7. NAYS: None .................. 'April 1, 1965 Roanoke, Virginia Sout'hwest Building Corp. Regional Construction Services, Inc. Stone ~all Brick Wall $10.450,00 $10.900.00 $ 6.995.00 $ 8.995.00 Rodges Lamber Corporation $ ?,200°00 -~ Valley Contractors Corporation $13,540,00 S12,040,00 The low bid was submitted by Badges Lumber Company in the ouount of $?,200,00, lu addition to the bose bid as submitted there ere five (5) Items that was omitted from the specifications that should be included to give a cowplete Job. Rodges Luwber Cowpsuy bas submitted in writing their cost to occowpllsh these five ($) items: 1. Wood Double Rang Window with Security Cover. (change shelf) $25.00 2. Bathroom Floor Sealer $25.00 3. Close Double Tee Openings with Precasted Panels. $60.00 4. Install 5 all steel 12' x 16" access doors, keyed and locked, $76,00 5, Extend and alter existing Rough Plumbing, $10OtO0 Total $286,OO It is recommended that the contract be awarded to Rodges Lumber Corporation in the amount of $7,406.00 to include'-the base bid and the extra Items set forth above, Funds are provided in the 1965 Budget to cover this work. Arthur S. Owens S/ H, Cletus HFo¥1es H, Cie'mum Rroyles" Hr. ~heeler moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (z1636R} AN ORDINANCE providing for the construction of a shelter at the basis of a bid made therefor and rejecting certain other bids; and providing for (FaF full text of Ordinancee see Ordinance Book No. 28. page 127.) Mr. Rheeler moved the adoption of the Ordinance. The motion was seconded by Ur. Stoller and adopted by the following vote: AY£S: Messrs. Garland. Jones. Pollard, Pond, 5toller, hheeler and Rayor OIllard ....................... ?, NAYS: None ................. O, UNFINISHED BUSINESS: NONE. CONSIDERATIO~ OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF'ORDINANCES AND RESOLUTIONS: RSFUNDS AND REBATES-LICENSES: Council having directed the City Attorney to prepare the proper measure authorizing a refund of $10 roi a city automobile tag purchased by Mrs. Nadine McClanahan for Mr. Ko R. McClanahan, be presented same; whereupon, Mr. ~heeler offered the following Resolution: (z16369) A RESOLUTION authorizing'nod directing refund of a $10.00 1965 automobile license tax to Mrs. Nedine McClanahan. (For full text of,Resolution, see Resolution Book No. 28, page 128.) Mr. Nheeler moved the adoption Of the Resolution. The motion was seconded by Mr. Stoller and adopted by the following rote: 4O7 408 AYES: Besots, Garfood, Jones, Follird, Fond, St,lief, Nheeie~ end ia/or Dfllor~--= ........ ~---~ .......... ?. NATS: None ..................O, BUDGET-FAY PLAN: Council haying directed the City Attoroey to prepare the proper measure authorizing the City Mannger ¢O fill cerZoln vsconoles la VlFlOl muuiclpal department's since they ore of tn emergency nature, he presented same; uhereapon, M~, St,ilar offered the f,il,wing Resolution: (a16570) A RESOLUTION authorizing the City Manager to employ certain personnelo (For full text of Resolution, see Resolution Book No. 28, page 128.) Mr, St,lief moved the adoption of the Resolution, The motion mas sec,nde by Hr, F, lloYd and adopted by the f,Il,ming vote: AYES: Ressrs, Garlaedo Jon~s, pollard, Pond, St,lieF, Rheeler and Mayor Dillard .......................... T. NAYS: None ..................O. CLAIRS-TRAFFIC: Council having directed the City Attorney to prepare the proper measure authorizing the payment of $54.?0 to Rr. Kenneth Mllliam Johnson, St,, in full settlement of his claim against the City of Roanoke for damages occurring to his automobile while being towed by a city-o~ned vehicle, he presented same; ~hereupon, Mr. Rheeler offered the following Resolution: (~16371) A RESOLUTION authorizing payment of a certain claim for property damage. (For full text of Resolution, see Resolution Book No. 28, page 129o) Rt. Nheeler moved the adoption of the Resolution, The motion was se¢onde~ by Nr. Pond and adopted by the f,licking vote: AYES: Ressrs. Garland, Pollard, Pond, Rheeler and mayor Dillard ........5. NAYS: Messrs. Jones and St,lief ..................................... 2o MOTIONS AND MISCELLANEOUS BUSINESS: ~ SE~ERS AND STORM DRAINS: Council at its last regular meeting having rejected bids for the construction of a storm drain in the vicinity of Panorama Heights from Red Fox Drive to Nest Side Boulevard and having authorized a lesser amount of construction by city forces to handle the immediate problem in the area, Rt. Oscar J. Johns, 3819 Salem Turnpike, N, R,, appeared before the body and complained that the drainage problem at the rear of his property has gotten worse ia the last few months, O~ motion of Mr. St,liar, seconded by ~r. Jones nod ansntmoosly adopted, the matter was referred to the City Manager for study and report to Council. SE~ER5 AND STORM DRAINS: Hr. Jones brought to the attention of Council the question of constructing a storm drain on West,var Avenue, S, W., between U,rko Street and Edgewood Street, at an estimated cost of $10,000, and moved that the matter be referred to the Budget Commission for consideration in connection with its study of the budget for the fiscal year 1965-66. The motion was seconded by Mr, Pollard and unanimously adopted. 4O9 TRAFFIC~ Mr, Jones brought to the attention of Conncll the question of installing nn actuated trnffic light nt the intersection of flrocduoy and Colonial Arouse, $, W,. nnd moved thmt the matter be referred to the Budget Commission for cooslderntiom in connection with its study of the budget for the fiscal year 1965-66 The motion was,seconded by Mr. Pollard and nnnmimonsiy adopted, RECREATION DEPARTMRNT -P~RIS AND PLAYGROUNDS: Council having received the plans ncd specifications for the £ureha Park Secreatinn Center. Mtn Jones, Chairman of the Eureka Park Recreation Center Committee, advised that the plans end specifica- tions hare been approved by the Saute Fire Marshal uith only a minor detail changed that they have also been approved by the Commissioner of Buildings, and moved that the City Manager be directed to advertise for bids on the project, The motion was seconded by Mr. Pond and unanimously adopted. YOUTH COMMISSION: Mayor Dillard called attention to the fact that the terms of Mrs. A. Be Camper. Mrs, Mary C. Pickett and Mr. James E, Jones as members the Youth Commission expire April 30, 1965, and called for nominations to fill the pending vacancies. ar. Stoller placed in nomination the names of MFS. A, B, Camper, MFS, Mary C. Pickett and Mr, James E. Jones. The nominations were seconded by Mr. Nheeler, There being no further nominations, Mrs, A. B, Camper, Mrs. Mary C. Pickett and Mro Janes E. Jones Here reelectem as members of the Youth Comnission for terms of two years each beginning May 1, 19650 by the following vote: FOR M~S. CAMPER, MRS. PICKETT AND MR. JONES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ................................ On motion of Mr. Mheeler. seconded by Mr. Pond and unanimously adopted. the meeting was adjourned, APPROVED ATTEST: / City Clerk Mayor 4{0 COUNCIL, REGULAR NEETIBG, Moodoy, April 12, 1965, The Council of the CltF of Rosuohe met in regular neeting in the Council Chamber ia the Hunicipal Building. ¥onduy. April 12. !965, at 2 p.m** the regular meeting hour, with Mayor Dillard presiding. PRES£NT: Councilmen Robert A. Garland, Junes E. Jones, Roy R. Pollard, St** Clarence ~. Fond, Murray A. Stonier, Vincent S. Hheeler and Hayor Benton O. Dlllurd ................................. ?* ABSENT~ None .................O, OFFICERS ER£SENT: Hr. Arthur S. Owens. City Manager, Mr. James H. Kincanon, Assistant City Attorney, and Hr. J. Robert Thomas, City Audit.re I~VOCATION: The meeting mas opened with a pFayer by the Reverend Andrew Re.der; Pastor, Northview Methodist Church. HINHTES: Copy of the minutes ~f the,regular meeting held on Monday, Hatch 22, 1965. having been furnished each member of Council, on q. Sion of Hr. St.lieF, seconded by Mr. Pond and unanimously adopted, the reading thereof was dipensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC HATTERS: ZONING: Council having previously set a public bearing for 2 p.m.. Monday, April 12, 1965, on the request of Hr. D. R. Milliams. et ux., and ir. J. A. he,erie, ~., et ux., that proper~y located on the east side of Hain Street, S. ~., between Nelton Avenue and Hlndsor Avenue, described as Lo~s I and 2, Block 10, Stratford Court, Official Tax Nos, 1250201 and 1250202, be rqzoned frqm 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 denied, was before Council: 'larch 2, 1965 The Honorable Benton O, Dillard, Mayor and Members of City Council Roanoke. Virginia Gentlemen: At its February 24, 1965 meeting the City Planning Commission considered this rezoning request. It was learned that the property in question is to be used for the construction of a filling station. Baying duly made field inspection, the Planning Commission found that the above properties are located in a residential area with substantial hones and that commercial development would be detri- mental to the value of the neighborhood. After studying maps of proposed land use. traffic improvements and zoning, the Planning Commission concluded that the proposed none change is undesirable and, therefore, recommends to City Council that the above rezoning request be denied. Very truly yours, S/ Warner K. Sensbach Henry B. Boynton Chairman" 411 #r, H, Courtoey King, Jr,, Attorney, representing the petitioners, appeared before Council in support or the request of his clients, Hr, Ring exploiting *hit Mr, end Mrs, Deyerle also omo Lots 3 end 4 which ute already zoned for business and that they desire the rezonieg of Lot 2 for business purposes so thetm filling station can be erected thereon, that property on the ess* side of Halo Street between Rlndsor Avenue end Rrendon Avenue is alreudy zoned for business purposes end that the best end highest use o! the properties of the petitioners would be derived by their conversion into income producing properties, A group of property owners in the area appeared before Council, with Jack Davis Ralher acting as spokesman, and presented · petition signed by 41 proper~ owners adjacent to and immediately surrounding the property proposed to be rezoned, objecting to the proposed rezoning on the grounds that it would depreciate the value of their residential proper.ties and increase traffic congestion On Hain Street, Hr, Stoller moved that Council concur in the recommendation of the City Planning Commission and that the request for rezoning be denied, The motion was seconded by Hr. bheeler and unanimously adopted. SCHOOLS: Council having adopted a Resolution, providing for the partici- pation of the City of Roanohe in certain programs, later to be developed, under the Economic. Opportunity Act of 1964, concurring in the appointment of a committee to assist in the development and screening of said programs, and providing for the administration of said programs by the Roanoke Valley Council of Community Services, Mr. Duncan C. Kennedy. Vice Chairman of the Roanoke City School Board and a member Of the committee, appeared before the body, advising that*an application has been ,prepared for initiation of a program which would provide two months of kindergarten this summer for children from families with an income of less than $3,000 a year who will enter school in September in eighteen elementary schools or school centers throughout the city, the total estimated cost of said program being $254,752 and the city's portion being $49,540, and requested that Council approve the application and recommend to the Roanoke Valley Council Of Community Services that the formal illin of same be expedited, Mr. Jones moved that Council concur in the request and offered the following Resolution: (n16372) A RESOLUTION approving an application for initiation of a program under the Economic Opportunity Act of 1964; and recommending that the forma filing of said application be expedited. (For full text of Resolution, see Resolution Book No. 28, page 12g.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, Stoller, Wheeler and Mayor Dillard .................. ~ .... 7. NAYS: None .................. O. 41'2 PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company, transmitting a list or street lights which were installed and/or removed during the month of March, 1965, was before Council. On motion of Hr, Stoller, seconded by Hr, Mheeler and unnniuonsly adopted, the communication mas filed. SCHOOLS: Council baying adopted a Resolution expressing Its conditional mlllingness to convey to the University of Virginia a 35-sere tract of laud on the west side of Colonial Avenue, S. W., for use of the Roanoke Center of the University of Virginia, and having also adopted a Resolution endorsing to the General Assembly of Virginia a current and long-range capital improvement program proposed by the University of Virginia with regard to the expansion of the existing educational program of the University of Virginia Center in Roanoke, a communication from Dr. Edgar F. Shannon, Jr., President. University of Virginia, advising that the requests of the University of Virginia for an appropriation in the 1966 biennium of approxi- mately $044.000 for the needed development of the Roanoke Center are now under consideration in the office of the Governor of Virginia. that there lsa possibilit} a master site plan showing the future development of the Center in detail could be completed before building, planning or construction funds become available, thereby saving as much as a year in actual provision of the facilities, that he has recommended to the Governor that if the city grants the 35-acre tract of land to the University of Virginia for the use of the Roanoke Center the Governor immediate approve acceptance by the University so it will be possible for the University to seek funds for a master site plan prior to the next meeting of the General Assembly was before Council. In this connection, Mr, Robert J, Rogers appeared before Council and urged the adoption of an Ordinance conditionally conveying the tract of land to the University of Virginia. Hr. 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. Pollard and unanimously adopted. STATE HIGHMAYS-PARKS AND PLAYGROUNDS: A communication from Messrs. Charles E, Kepley and C. R, Long, requesting that 5aMah Jefferson Street be extended through Fern Park to connect with the Blue Ridge Parkway Spur on Yellow Mountain Road. S. E,. was before Council. Appearing in opposition to the extension of South JeYferson Street on the grounds that it would create a traffic problem in a residential area were Messrs. R. Roi Rush, Robert J. Rogers, Tom Stockton Fox and H. Uocrtney King, Sr.. Mr. Wheeler moved that the request be denied. The motion failed for lack of a second. Mr. Stoller then moved that the matter be referred to the City Attorney for an opinion as to whether or not the city can legally extend the street, The motion was seconded by Mr. Garland and unanimously adopted. 4:!.3 ZONING: A communication from Hr. Janea Po Hart. Jr** Attorney. repre- senting Dr° Laurence E. Paxton. et mx. 0 requesting that property located on the northwest corner of Rugby flouleverd and Tenth Rtreet. N. W.. described as Lots 20 mod 21. Rloch 8. Rugby Land Corpora*lone Official Tax Nos. 2231520 end 2231521. be rezoaed from General Residence District to Special Residence District. wis before Council. On motion of Hr. Stoller. seconded by Mr° Pond and unanimously adopted. the request for rezonlng was referred to the City Planning Commission for study. report end recommendation to Council. REPORTS OF OFFICERS: RDDGET-MDNICIPAL BUILDING: Council having previously awarded a contract to Rud Hearer Beating and Air Conditioning Company for furnishing and installing certain air conditioning and ventilation systems in the Municipal Rullding in the amount of $90637.95. the City Manager submitted a written report, advising that an air conditioning unit previously installed in the office of the City Auditor is not sufficient to meet requirements of the data processing equipment since installed and that the contractor has agreed to an extension of his contract to corer the additional work for a sum of $1,697, mhich will require au additional appropriation of $1,400, the City Manager recommending that $1,400 be appropriated for this purpose, Hr. Stoller moved that Council concur in the recommendation of the City Henager and offered the following emergency Ordinance: (~16373) AN ORDINANCE to amend and reordain Section ~OT. 'Municipal Building.' of the 1965 Appropriation Ordinance~ and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 28. page 130.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr° Pond and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. Stoller. Nh,clef and Mayor Dillard ........................ 7. NAYS: None ...................O. STATE HIBHMAYS: Council having requested the Virginia Department of Highways to proceed with surveys and plans for the extension of Interstate Spur 581 from Elm Avenue, $. E., to Franklin Road. S. M., and herin9 appropriated $4,500 as the cityts share Of the cost, the City Manager submitted a written report, advising that the Blghway Department wishes,to extend the limits of the project westward to the tracks of the Norfolk and Mestern Railway Company at an additional estimated cost of $5,000 and has requested the city to agree to pay $750 as its share of the additional cost, the City Hanager recommending that Council approve the extension of the project and appropriate the necessary funds. Mr. Stoller moved that Council concur in ~he recommendation of the City ianager that the extension of the project be approved and that the Budget Commissiot be requested to include $750 in the budget for the fiscal year 1965-66 for this purpose. The motion was seconded by Hr. Hheeler and unanimously adopted. 41_4 ~CDGET-PA~ PLA~: The. City Manager submitted the following report, recommending that he be authorized tO fill certain r.acnncles, in various municipal departments since they ~re or ~n emergency nature: "Roanoke, Virginia April 12, 1965 To 'the City Council Rouuoke, YlrgimJu Gentlemen: The fo/lowing employees are meeded for the efficient operation of the City Government: Airport - I Airport Serviceman, Group IS I Airport Laborer, Group 10 Health Department Melfare Department - Caseworker, Group 10 City Dome - Practical Nurse, Group 19 Police DePartment - Three Patrolmen Mater Department - I Laborer - Group 10 Respectfully submitted, 5/ ~rthur S. Owens City Manager# Mr. St,lief 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. Fond and unanimously adopted. STATE HIGDMAYS: The City Manager submitted a written report, recommendin. that Council authorize the purchase of a parcel of land from Charlie L, Custer and Margaret M. Custer for the sum of $6~400 in connection with the improvemen~ of Virginia State Route 24. Mr. St,liar moved th'at Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=16374) AN ORDINANCE a~thorizing and d~rectin9 the acquisition of certa land, described as Parcel 064 and containing 3,167 square feett more or less, needed for the improvement of Virginia State Route 24 in the City; and providing for an emergency. (For full text of Ordinance, nee Ordinance Hook No. 28, page 131.) Mr, St,liar moved the adoption o( the Ordinance. The outrun was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St,Ilar, Wheeler and Mayor Dillard .........................7. NAYS: None ................ SEWERS AND STORM DRAINS: The City Manager submitted a written report, together with the following communication from the Director of Public Murks advisin* that an additional appropriation of $21,500 will be required to complete the preparation of an engineering report on the sewer interceptors and sewer trunk main 415 within the City of Roanoke. together with o master plan indicating an incremented improvement program, by the firm of H~yes, ~eay, Mattern and Matt,m, Architects and Engineers, us compared with tie original estimate of $18,000: "CITY OF ROANOKE IRTERDEP~RTMENT COMMUNICATION. DATEs March 24, 1965 TO: Mr, Arthur S, Owens. City Manager FROM: Ur, H, Cleans Droyles, Director of Public ¥orks On March 2&, 1964, Hayes, Seay, Matt,Fa and Muttern made a proposal to the City for the preparation of an engineering stcdy and report on the sewer intercepters and sewer truck lines within the City or Roanoke, together, with a master plan lndicati. an incremented improvement program. This firm estimated that the report could be prepared for approximately $10,000. City Coancil by resolution No. 15813, dated May 25, 1964 accepted the proposal of Hayes. Seay. Mattern and Mattern and appropriated $10.000 for this work. As spelled out In the proposal, their mark included i~ general terms the following iteqs: 1. Study existing records 2o Make field investigations and flow measurements 3, Determine present and future flows 4. Determine the capacity of existing intercepter and trunk sewer mains, S, Development of an improvement program (master plan) 7. Confer with City Officials 9. Confer with State Agencies Also, included in the ~roposal was a statement to the effect that it mas difficult to determine the amount of time that might be required in compiling existing proposed that standard per diem rates be followed, which rates were listed Jo Hayes. Seay. Matt,Fa and MatteFntS proposal dated May 26. 1964. Following is the latest revised estimate prepared by H~yes. Seay. Matt,Fa and Mattern dated March 2. 1965. giving a breakdown and status for the sanitary sewer study for the City Of Roanoke. LATEST COMPLETED UNCOM-' ORIGINAL REVISED TO PER- PLETED PEa- ESTIM.~TE ESTII~ATE DATE CENT TO DATE CENT Items covered under original proposal $18.000 $19,000 $7,921.78 42~ $11,078.22 58~ Investigation where sewers commingle 6.000 2.400.00 40~ 3.600.00 60~ Preliminary Plan for ore branch 2.000 2.000. OO 100% - Field Survey of existing sewer mains 12,500 11.001,77 95~ 698,R3 57 TOTALS $18.000 $39.500 $24.123.55 $15,376.45 To date we have paid $15.622019'to Hayes. Seay. Matt,Fa and Matt,Fa.and have bills amounting to $8.501.36 are unpaid at the present time. To satisfy these bills $6.123.55 will have to be appropriated over the $18.000 originally authorized. To complete the project as estimated by the firm an additional appropriation will be required in the amount of $15,376.45, making a total amount of $21,500 over the original $18.000 estimate set forth in Hayes. Seay. Mattern and Matt,Fa proposal date March 26. 1964. 416 When this situation mas discovered it mas celled to your attention end · meeting mas held ~lth representatives of Hayes, Sen/. Hatterm end Hatters. Norh uts stopped fumed:italy ca this project snail the metier could be morked out, In this meeting it mss brought out by the consulting firm thot due to the absence of sufficient City information ss to elevntions smd grades os the sewer lines, it mss cecessnry to accomplish cossidernble field morh in order to obtain the dart on which the whole survey mis bused. To complete the mork the consultants proposes to prepare ou permanent linen, tracings of portions of the ns built intercepter lines not nvsilnble in the City Engineer's office. Also, represenctives or Hayes, Seay, Hattern and #attars stated that when Council authorized the moth, at which time the $18,000 mas appropriated, that Council also authorized · study to investigate the commingling of sewers together math a plan and cost estimate to eliminate same, hosever.there mas no appropriation for this Item made at that tire. I understand that Mr, Glenn BarrJnger of the consulting firm mil~ be present at Honday*s Council meeting to discuss this matter. S~ H, Cl~tus Dro¥1es H. Cletus Droyles Director of Pablic ¥orks' In this connectlono Mr. Glynn D, Harranger, representing the firm of Hayes Seay, Hattern and Wattern, and Mr. H. Cletus Broyles, Director of Public Works, appeared before Council for a discussion of the matter. After a discussion of the matter, Hr. hheeleF moved that the question be referred back to the City Manager for study as to the appropriation needed to cover work completed to date and to submit his report and recommendation to Council. The motion was seconded by Hr. St*lief and unanimously adopted, PARKS AND PLAYGROUNDS-STATE HIGHWAYS: Council having previously authorize the purchase cf a $.5~-acre parcel of land from Leon Dowses Stanley and Evelyn Haislip Stanley for the sum of $945, and the purchase of a 1.98-acre parcel of land from ~. H. Stanley and Fannie L. Stanley for the sum of $337, in connection with the Rill Mountain - Blue Ridge Parkway Project, the City Manager submitted a written report, transmitting n counteroffer of Sly100 from Hr. and Mrs. Lo D. Stanley and a counteroffer of $450 from hr. and Hrs. W. H. Stanley, and recommended that the counteroffers be a~cepted. Hr. St*lieF moved that Council concur in the recommendation of the City Ranager and offered the following Resolution: '' '(~1~75) A RESoLuTIOH relating to the acquisition of two parcels of land needed for the Hill Mountain -- Blue Ridge Parkway Project, heretofore authorized to be acquired by'Ordinance No. (For full text of Resolution, see Resolution Book No. 20, page 132.) Mr. Stoiler moved the adoption of the Resolution. The motion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Heists, Garland, Jon~s, Pollard, Pond, St*lief, Mbeeler and Mayor Dillard ..................... NAYS: ~one ..............£-~-0. SIGNS: The City Manager submitted a written report, advising that the United States Air Force is organizing an Bono'r Flight composed of young men from. Western Vlrginin, who ~ill Join the Air Force end leave from Roanoke on April 20, 1965, which flight will be calle~ "Yhe'Old Dominion Flight", and that the Air Force his requested permission to publicize thin event by displaying a banner on Jefferson Street through April 20. 1965. Hr. Stoller moved that Council concur in the request and offered the foliomiag Resolution: (n16376) A MESOLUTION authorizing the City Nnneger to permit the United States Air Force to install a banner across Jefferson Street rot the period from April 12, 1965. through April 20, 196S. (For full text of Resolution, see Resolution Rook No. 28, page 133.) Mr. Stoller moved the adoption or the Mesolution. The motion was seconded by NFo Wheeler and adopted by the following vote~ AYES: Measrs. Garland, Pollard. Pond, Stoller, Wheeler and Mayor Dillard ................................. NAYS: Mr. Jones ............. 1. ANNUAL REPORTS-WATER DEPARTMENT: The City Manager submitted a written report, transmitting the annual report of the Mater Depsrtment for 1964. On motion of Mr. Wheeler, seconded by Mr. Stoller and unanimously adopted, the report was filed. AIRPORT: Cooncil having awarded the contract for grading nad drainage in connection with the extension Of Runway and Taxiway 15-33 at Roanoke Municipal (Woodrom) Airport to H. L. Turner end Company, Incorporated, the City Manager submitted a written report, advising that all the work under the contract has been completed except approval of a change order for extra grading work which will be presented to the body at a later date, that the city is withholding the normal lO~ retainoge in the amount Of $34,372.46, and recommended that the contractor be paid the amount of $30,000 with the balance of $4,3?2°45 to be retained until the contract is closed Out. After a discussion as to whether or not the extra grading work which Council has not as yet approved is Included in the $30,000, Mr. Pollard moved that the qoestton be referred bach to the City Manager for further study and report to Council as to the work performed under the contract. The motion was seconded by Mr. Stoller and unanimously adopted. SIDEWALK, CURB AND GUTTER-STREETS AND ALLEYS: The City Manager submitted · written report, advising that The Combined Insurance Company of America has offered to donate 134.12 square feet of land at the southeast corner of Milliamson Road, N. W., in connection with the widening Of the east side of Milliamson Road, No W., betmeen Wentworth Avenue and Fleming Avenge, in exchange for curb and gutter, and recommended that the offer be accepted. Mr° Pollard moved that Council concur In the recommendation of the City Manager and that the matter be referred to the City Attorney for prepratlon of the proper measure. The motion was seconded by Mr. Stoller and unanimously adopted. POLICE DEPARTMENT-FIRE DEPARTMENT: The City Manager submitted the following report on changes in the personnel of the Police Department and the Fire Department for the month of March, 1965: 418 *Roanoke, Virginia April 12, 1965 To the City Council ' Roanoke, Virginia Gentlement The following changes mere made by tke police and the fire deportment during tke month or March: *Police 'The folloming mere sworn in as police officers during th~ month of March, 1965: Mr. Larry William Mays 240? Massachusetts Ave,, H, W, Hr, Emmett Grnyson Yonce 1602 Lexington ~venne, $, M, *Officer D. G, Fisher, resigned March 16, 1965, 'Desk 5erg*ant Kermit R, Hall, died March 19, 1965,* 'Fire *During the month of March 1965 there were no personnel changes in the Fire Dept.' Respectfolly submitted, $/ Arthur $. Owens City Manager" Mr, 5toiler moved that the report be received and filed. Zhe motion mas seconded by Mr, Pollard and nnanimonsly adopted, SE~RS AND STORM DRAINS: Council having refer'ced to the City Manager for study, report and recommendation a request of Mr, and Mrs, Curtis O, Lin,berry, 2419 Colonial Avenue. 5. ~., that the drainage problem in front of their home be corrected, the City Manager submitted an interi~ written report, advising that n preliminary investigation has b~en made, that there ere complexities in the study which require further investigation and that as soon as final details are provided he mill make an appropriate report, On motion of Mr. Stoller. seconded by Mr. Pond and unanimously'adopted, the report was filed, 5TREEZ$ AND ALLEYS: Council having referred to the City Planning Com- mission for study, report and recommendation n recommendation of the City Manager that flosmorth Drive and Peakmood Drive, $. N., be connected, the City Planning Commission submitted the folloming report: 'April 8, 1965 The Honorable Benton O. Oillard, Mayor and Members of City Council . Roanoke, Virginia Gentlemen: During its regular meeting of April ?, 1965 the City Planning Commission studied the feasibility of connecting Bosmorth Drive and Peakwood Drive, 5. W. It was stated that the desirability of connecting these two streets had been recognized by the Planning Commission, as previous efforts had been undertaken to accomplish this 419 connection under the subdivision ordinance. Field Inspection of the general urea reveals that the topogrnphy permits the emphasized the desirability or connecting Dosworth Drive and Peatwood Drive rot the convenience, comfort and safety,or the City*a residents and the more efficient operntlon of municipal services, The Planning Commission, therefore, recommends to Cit~ Council to mate every possible effort to connect Hosuorth Drive and Feahmood Drive, S. Sincerely yours, S/ Henry D, Boynton/h Henry B, Doynton Mc. StolleF moved that the City Manager be directed to negotiate with the Darters of the land required to connect the two streets and to report back to Council with an estimate of the cost of the project, The motion was seconded by Mc. Wheeler and unanimously adopted. ZOHIMG: Council having referred to the City Planning Commission for study, report and recommendation a request of Messrs. W. T. Crozier and Earl A. Buck that property located on the northwest corner of Salem Turnpike and Twenty- third Street, N, Wa, described as the southern portion of Lots IS and 16, Block 102, Helrose Land Company, Official Tax No. 2322223. be rezoned from General Residence District to Business District. the City Planning Commission submitted a written report, recommending that the request be granted. Hr, Stoller moved that a public bearing on the matter be held at 7:30 p.m., June 7, 1965. The motion was seconded by Hr. Wheeler and unanimously adopted ZOMIMG: Council herin9 referred to the City Planning Commission for study, report and recommendation a request of Br. Gwynn H. Board that property located on the southeast corner of Liberty Road and Hillcrest Avenue, N. described as Lot 1Bi, Block P, Williamson Groves, Official Tax No. 30g0236, be rezoned from General Besidence District to Special Besidence District, the City Planning Commission submitted a written report, recommending that the request be de~ied. In this connection, a communication from Hr. J. Albert Cllett, Attorney, representing the petitioner, requesting a public hearing on the petition for rezoning, mas before Council. Hr. Stoller moved that a public hearing on the matter be held at 7:30 pom.. June 7, 1965, The motion was seconded by Mr. Wheeler and unanimously adopted. REPORTS OF COMMITTEES: SALE OF PROPERTY-STREETS AND ALLEYS: Council having referred to a committee the 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 Lan from the rear of its property at 3439 Melrose Avenue, N. W., for street and municipa purposes, be conveyed to All Star Lanes and The Roanoke Country Club, Incorporated. committee that the city sell the two parcels of land at appraised value after an appraisal has been made, the committee submitted the folloming report: 420 *Roanoke, Virginia April 12, 1965 To the City Council Roanoke, Virginia Gentlemen: At our meeting o! November 9, 1964, you referred to the Beei Est·re Committee n request that the City abandon the proposed street ranniog east and nest beblnd.th~ All Star Lanes on Melrose Avenue. The ~roperty has been appraised nt · value of $300; however, members of the Committee felt that this was an insufficient value and have held ~p n recommendation to you for the time being. In the interim, on behalf of the City, me hate found that me need a strip of land owned by the Country Club near Myoming and Densmore Avenues. Mr, Dave Harrows, representing the Country Club, hhs tentatively agreed that they will provide the City with sufficient land in order that the street between Kentucky Avenue and Densnore Avenue may be uldened on the east side to 50 feet, and the Connlttee believes that an exchange of properties would be both valuable to the Country Club and the City, The Committee, therefore, recommends that the City exchange its land owned behind the All Star Lanes for the oecessary strip as described on Mast Side Houlevard. Respectfully submitted. Randolph G. Mh'ittle $/ J. Robert Thomas J. Robert Thomas S/ Roy R. Pollard, iF. Roy R, Pollard, St, S/ Arthur S, Owens Arthur S, Owens" Mr. #heeler moved that Council coflcur In the recommendation of the committee and that the matter be referred to the City Attorney for preparation of the proper measure. The motion wa~ seconded by Mr. Stoller and unanimously adopted TRAFFIC: Council having referred to a committee the request of Henry H, Rutrough, owner of property'located on the north side of Melrose Avenue, N. M., east of Peters Creek Road, that east-bound traffic on Melrose Avenue be permitted tO make a left t~rn into his property, for t~e purpose of meeting with Mr. Rutrough on the site in an attempt to work out a mu{ually satisfactory solution to the problem, the committee submitted the following report: 'Roanoke. Virginia Aprill2, 1965. To the City Conncil Roanoke, Virginia Gentlemen: 'You referred to a committee a request of Mr. Henry H. Rutroughtbat a sign on the median strip adjacent to the Roanoke- Salem Plaza Shopping Center be removed In order that a turning movement migh~ be permitted into Mr. Rutrough's property. The committee would like to cooperate with Mr. Rntrongh and have 'secured from the Appalachian Power Company a cost estimate of $540 on relocating the pole approximately ~0 feet to the east. 421 · There mould be some other expenses that the City milI incur, such as replacing curb and gutter and relocating one of our own traffic poles. Mr..Ruer,ugh his agreed to a portion of the cost ap to $350 and the committee recommends that the curb and gutter be removed and replaced 20 feet to the east nnd the necessary poles relocated. Respectfully submitted. S/'Roy R. P~llard. S~, ROy J. PoIIard. Srot Chairman S/ Clarence E. Pond Clarence E. Pond S/ Vincent S. Wheeler Vincent S. #heeler" Hr. Pollard moved that Council concur Jn the recommendation of the committee and offered the following emergency Ordinanc~ appropriating $?00 to CoveF the total cost of relocating the poles and curb and gutter: (m16377) AN ORDINANCE to amend and reordain Section mi40. "Street Construction." of the 1965 Appropriation Ordinance. and providing for an emergency. (For fall text of Ordinance, see Ordinance Rook No. 28° page 134.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: WeSSFSo Garland. Jones. Pollard. Pond. St,lieF. Wheeler and Mayor Dillard .........................7, NAYS: None ................. O. SEWERS AND STORM DRAINS: Council having referred to a committee composed of Messrs. Arthur S. Owens. James N. Kincanon. Roy L. Webber and Murray A. St,lieF. for study, report and recommendation, a re'nest of tie Board of Supervisors of Roan,he County that the contract between the County of Roan,he and the City of Roanoke. ~ated September 2~. 1954. dealing with the treatment of domestic and commercial wastes, be amended ~y adding thereto a tract of land containing 106.44 acres located 750 feet. more or less. northeast of the northeast corporate limits of Salem and west of Virginia Route 116 (Cove Road). the committee submitted a written report, advising that it b~lieves Council should hold in abeyance any amendment to the contract until the studies now being made by consulting engineers for the city and the county are completed, at which time. further consideration can be given to the petition. Mr. St,liar 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. UNFINISHED R~SINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure authorizing the operation of four boats on Roanoke River in the vicinity of the Roanoke Transportation Museum. he presented same; whereupon. Mr. St,Ilar offered the following emergency Ordinances 422 (a16378) AN 0RHZNANCE authorizing the operation of f,nv boats on Roanoke River upon certain terms end pr6vlslons; and providing for an.emergency, (For full text of 0rdinnace~ see Ordinance Hook Ho, 28,.page 134,) Hr, Ha,lief moved the adoption, of the Ordinance, The notion was seconded by Mr, Wheeler and adopted by the f,Ii,ming vote: AT~S: Roasts, Garland, Jones, Pollard, Pond, St,Ilar, Wheeler and isyor Dlllnrd .... ~ ..................... NAYS:''Non; .................. O. STATE HXGHWAYS~ Conncll having directed the City Attorney to prepare the proper measure agreeing ~hat the City of Roanoke nail provide 255 of the funds necessary for acquisition of rights of may and 155 of construction costs for the widening of Franklin Rosd~ S, W.o from the Norfolk and Western Railway Company Underpass to the city llnitse he presented same. In this connection, a large delegation of property owners on Franklin Road appeared before Council to be heard on the matter, Speaking in favor of widening Franklin Road were Hessrs. Edgar F. Jnnison Arnold 5chlossherg, Howard L, St. Clair and Harry L, Rosenhaum, Hr. Rosenbaum explaining in detail efforts made by some of ~he property owners on Franklin Road toward securing options on the necessary land for widening the street and emphasizin the importance of providing a beautiful entrance to the city from the south. Speaking in oppo~ition t~ the proposed widening on the grounds that it would take away valuable parking space in front of some of the businesses on Franklit Road and force them to go out of business or move to another location were Ressrs, E. J. Harris, T. R. Doss, Cash J. Shoal, J. B. Thomas and Dr, A. H. Rice. Mr. Harvey S. Lutins~ Attorney, presented ~ pe~ltfon signed by ten propert] owners on Franklin Road, objecting to the proposed widening of Franklin Road and declining to donate or sell any part of their properties for this purpose. Rro R. Roy Rush, Attorney, representing'Hr° a~d Mrs. Cash J. Shoal. presented a petition signed by six property owners on Franklin Road. opposing the proposed widening of Franklin Rondo A communication from ~r. S. A. Barbour, urging that every member of Coonoil continue mith their efforts toward the final completion of t~e widening of Franklin Road, was before the body. Hr. H. Cletus Hr~yles, Director'of Public Horks, pointed out that the city will have to reimburse the state for preliminary nork already accomplishedt that the city will have to blacktop Franklin Road at its expense and that proposed improvements by the Appalachian Power Company and the Chesapeake and Potomac Telephone Company will be dropped if the projeot is abandoned. The City Manager stated that he is v~ry ~uch in favor of the project, that he feels the number of accidents on Franklin Road makes it imperative to widen the street an~ t~at he knows of'no $imila~ street widening project in the city which has not helped the property owners. 423 Hr. Jones saggested that a 12-foot median strip be' eliminated from the proposed project and the sldemalks aarromed, ia order to give the property owners on Franklin Rued more parking space in front or their places of business, but mas informed that the Federal and State Governments uoald not agree to such changes. The matter having been discussed at length, Hr. #heeler offered the follomlag emergency Ordinance: , (w163?g) AN ORDINANCE authorizing the initiation of a'prbJect for the uidening und improvement of Franklin Roads So N., from the Norfolk and Western aailmay Underpass to the south corporate limits of the CIW;~modifylng certain provisions of Ordinance No. 14716 generally approving said project; providing for payment of the City*s proportionate part of the costs thereof; and providing for (FaF full text of Ordinance, see Ordinance Book No. 28, page 135.) Hr. Hheeler moved the adoption of the Ordinance. 'The motion mas seconded by Hr. Pond and adopted by the follomlng vote, Hr. Jones expressing the opinion that there are other sections of the city which need street widening projects just AYES: Messrs. Garland, Pollard, Pond, Stoller, #heeler and Dillard ................................. NAYS: Hr. Jones---~ ........... ZONING-SYREET~ AND ALLEYS: Council having directed the City Attorney to prepare the proper measure establishing a 60-foot building s~tback line frsm either side of the center line of Colonial Avenne, So M., from Brandon Avenue to'Overland Road. he presented same; whereupon, Mr. Stoller moved that the following Ordinance be placed upon its first reading: (~16380) AN ORDINANCE establishing building setback lines on both sides of Colonial Avenue, S. Mo. from Brandon Avenue to Overland Road, S. WHEREAS, after due and proper notice thereof published.as required by law, public hearings, commencing on the first day of February, 1965, and regularly continued to March 1, 1965, and to April 5, 1965, were held before the Council at the time and place provided in said notices, on the question of establishing bnildin setback lines on both sides of Colonial Avenue, $. M., originally proposed to extend from Braudon Avenue. S. N. to the Cltyts south corporate limits and to be measured, on both sides.. 80 feet from the established center line of Colonial Avenae. at all of which public hearings, all property owners in the affect'ed area and all other persons were given an opportunity to be heard on the question; and WHEREAS, the City Planning Commission having initially recommended setbackllnes measured 80 feet from said street*s center line bna having, upon reconsideration of the matter, recommended that said boilding setback lines, Colonial Avenue fronBrandon Avenue, S. N. to Overland Road,'S. Wa; and 424 WHEREAS, after hearing all of the evidence submitted nnd considering all snob recommendations, tho Council ts of, opinion that building setback lines should be established as hereinafter provided and ns most recently recommended by said Cit~ Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the CItF o! Roan*he that building setback lines be, nad the same are her*bp established on beth sides of Colonial Avenue, S. R., from Drnndon Avenue, S. W. to Overland Hondt S. M** each said setback line to be measured 60 feet from the established center line of Colonial Avenne, So W., between said other streets, according to Plan No. 4390, consisting of 8 sheets prepared by and on file in the office of the City Engineer, a copy of which plan is on file in the office of the City Clerk. BE IT FURTHER ORDAINED that nil buildings hereinafter erected on any of the real estate abetting on said Colonial Avenue. S. ~. from Drandon Avenue, S. to Overland Road. S. R** shall be erected in relation to the building setback lines established by the provisions of this ordinance. The motion was seconded by Mr. Wheeler and adopted by th*following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*liar, Wheeler and Mayor Dillard .......................... ?. NAYS: None ................. OH REFUNDS AND RERATES-LICENSES: COUnCil having directed the,Clty Attorney to prepare the proper measure authorizing n refund of ~16.00 to Jones ~elding Supplies, Incorporated, for a 1965 city tag purchased in error, he presented same; whereupon, Mr. St*lief offered the following Resolution: (m163Hl) A RESOLUTION authorizing ?nd,directing refund of an $lO.O0, 1965 truck license tax to Jones Welding Supplies, Inc. (For full toxt of Resolution, see Resolution Book No. 28, page 136.) Mr. Stoller moved the adoption of the Resolution,. The ,motion was secoude~ by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*lieF, Wheeler and Mayor Dillard ............................... T. NAYS: None ......................... O. BUDGET-PAY PLAN: Council ~aving directed the titI Attorney to prepare the mhereupon, Mr. Stoller offered the followin~ Resolotion: (m16382) A RESOLUTION authorizing the City Manager to employ certain (For full text of Resolution, see Resolution Book No. 28, page 137,) Mr. Stoller moved the adoption of th~ Resolu}ion. The motion mas seconded by Mr. Pond and adopted by the follow,fag vote: AYES: Messrs. Garland, Jones, Pollard,, Pond, Stoller, Wheeler and Mayor Dillard ........................ 7. NAYS: None ................. O. 425 STATE HIGBNAYS-SENERS AND STORR DRAIN$~ Council hiving directed the City by the Virginia Department of aighuays to Albert Druthers Contractors. Incorp~rutedt for a highway project on 0. B. Route 460, Including the construction bfa storm of $14.T66.90. representing the city*s share in the cost of the project, he (~16303) AN ORDINANCE relating to the construction of a storm drain on the cost of uhich is to be paid by the City; and providing rot an emergency. (For full text of Ordinance. see Ordinance Book No. 20. page 13T.) Rt. St,lief moved the adoption of the Ordinance. The motion was seconded by Rr. Pollard and adopted by the following vote~ Rayor Dillard .......................... NAYS: None ................. O. Lot 11, Block 2. Word Addition, Official Tax No. 2~11709, for $250, aod moved that should absorb the difference. St,liar and unanimously, adopted. 426 LEGISLATION-CITY CHARTEg: Hro Jones pointed out that at its meeting on Jnnnnry 21. 1963, Conneil appointed a committee composed of Messrso James E. Joleao Chnirmon, Vincent S. Mbeeler and Roy R. Pollard, St,, to consider proposed changes la the City Chartero arising from tine to ,time, and to m.nke recommendations to the body before the 1964 session of the General Assembly, thct the committee spent almost a ye.ar studying proposed changes in the City Charter before so,bmittin~g its recommendations, that a series of public hearings mas held on the recommendations and the majority of Council then decided that no Charter changes should be made at that time, Mr. Jones voicing the opinion that this time a citizens committee should be appointed to review the City Charter for possible changes before the 1966 sessfof of the General Ass,embly. After a discussion of the matter, Mayor Dillard expressing the opinion the the committee should be composed of members of Council, Mr. Jones moved that n committee of seven ,citizens ,to be nominated by each member of Council be appointed to work on any changes in the City Charter which should be forthcoming for presenta- tion to the 1966 session of the General Assembly. The motion mas seconded by Mr. Wheeler and adopted, Wayor Dillard voting no. ADVERTISING-CITY GOVERNMENT: Council having concurred in the recommenda- tion of n committee composed of Messrs, James E, Jones, Chairman, Robert A, Garland and Vincent 5. Wheeler that $5,000 be included in the 1965 budget to cover the cost of publishing a ,newspaper ,supplement showing the citizens of Roanoke how their tax dollar is ~eing spent, Mr. Jones presented for approval a proof for the 12-page tabloid to be publishe? in The Roanoke Times and The Roanoke Morld-News with the request that the body decide how many extra copies of the supplement it wishes to have printed above the regular distribution of the two newspapers at a cost of $16,50 per 1,000. Mr, Wheeler moved that the proof for the supplement be approved and that l,O00 extra copies be printed, The motion was seconded by Mr. Stol,let and unanimously adopted. On motion cf Mr, Wheele=r, seconded by Mr, Pollard and unanimously adopted the meeting was adjourned. APPROVED ATTEST: / City Clerk Mayor '427 COUNCIL, REGULAR MEETING Monday. April 19, 1965. The Council of the City of Roanoke met Jn regular meeting in the Council Chamber in the Municipal Building, Monday~ April 19, 1965, at 2 p,m., the regular meeting hour, with Mayor Dillard presiding, · 'PRESENT: Councilmen Robert A. Garland, James E. Jones, Roy R. Pollard, Sr** Clarence. E. Pond~ Murray A, Stoller, Vincent S. Mheeler'and Mayor Benton O. Dillard ................................ ABSENT: None .................O. OFFICERS PRESENT: Hr. Arthur S. Owens. City Manager, Hr. Janes N. Eincsnon, Assistant City Attorney, and Br.'J. Robert Thomas, City Auditor. INVOCATION: The meeting mas opened with a prayer by the Reverend James Rurr, Chaplain. Roanoke Memorial Bospitals. MINUTES: Copy of the minutes of the regular meeting held on Monday. March 29. 1965. having been furnished each member of Council. on motion of Stoller. seconded by Mr. Pond and unanimously adopted, the reading thereof was . dispensed mith and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC HATTERS: PARES AND PLAYGROUNDS: Pursuant to notice of advertisement for bids on the construction of a park shelter in Golden Park, said proposals to be received by the City Clerk until 1:30 p.m,. Monday, April 19, 1965. and to be opened at 2:00 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 Amount Alt~rnat~ Option~ Regional ConstruCtion Services, Incorporated $14,949 $1,200 Bodges Lumber Corporation 15,784 1,720 ~ to delete brick fireplace and counter frousaid plans Mr. Stoller moved,that the bids be referred to a committee composed of Messvs. Roy R. Pollard. Sro, Chairman. Arthur S. Owensand Rex T. Mitchell, Jr** for tabulation, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee. The motion was seconded by Mr. Pond and unanimously adopted. ARMORIES: Pursuant to notice of advertisement for bids on an addition and alterations to the National Guard Armory. said proposals to be received by the City Clerk until 1:30 p.m.. Monday, April 19, 1965, and to be.opened at 2:00 before Council, Mayor Dillard asked if anyone had uny questions about the advertise meat, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids. 428 The City Clerk advising tkat no bids have been received, the City Manager ~xplni~ed that it mill be necessary to change the bid opening date tO May 3, 1965, dam to the clarification or several items in the specifications. Hr. St.liar moved that bids on the project be opened at the regular meeting of Council on Monday, M~y 3, 1965,, at ?~30 p,m, The motion mas seconded by Mr. Pond and uncnimously adopted. ZONING: Council having previously set · public hearing for 2 Monday, April 19, 1965, on the request of Hr. W. Price Fields~ et ax** that prop~rt: located on the east side of Drambleton Avenue, S. W** between Drnndon Avenue and Oakwood Drive. described as the southerly 25 feet of Lot 4A. Block l. Oak Bill. Official Tax No. 126~104. he fez,ned from Special Residence District to Business District. 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: "March 11, 1965 The Honorable Benton O. Dillard, Mayor and Members 5f City Council Roanoke, Virginia Gentlemen: In Its March 10, 1965 meeting the City Planning Commission con- sidered the above rezontng request. Mr. W. Price Fields informed the Commission that a strip of land 25 feet deep is needed in order to permit the development of adjacent commercial property for a grocery store. After reviewJn9 the proposed site layout the Plaening Commission concluded that the'extenSion of th~ commercial district to be applied to a 25 foot strip of Lot 4A, Tax No. 1260104 would not ,~ . be detrimental to the adjacent Special Residence District. The Plahning Commission, therefore, recommends to City CounCil to rezone the land identified above from Special Residence to Business District. Very truly yours. S/ ~erner K. Sensbach 'for Henry D. Boynton Chairman" Mr. John H; Kennettt Jr** Attorney, representing the petitioners, appeare( before Council in support of the request of his clients. Mr. Kennett explaining that Lot 4A is a portion of the resubdivision of Lots 4, 5. 6 and.7, and lncludesLot 4 and the northern 2S feet of Lot 5. that Lot 4 of the original map was zoned as Business District while Lots 5 and 6 were zoned as Special Residence District, resulting in Lot 4A being partially zoned for business purposes andpartially zoned for special residence purposes, and that he feels the entire lot should be zoned for business purposes, that the owners of Lot 4A have entered into a lease with The Southland Corporation. Dallas, Texas, for operation of ·drive-In grocery and dairy products store on the lot, but that the executed lease has not as yet been returned to Mr. and Mrs. Fields by the lessee, 429 No one appearing in opposition to the reqaest for rezonlag, Hr, St*liar moved that Council concur.in the recommendation.of the Cl~y Planning Commissl~ and that the f~llowlng Ordinance be placed upon its first reading mtth the understanding that it mill not be finally adopted until after the executed lease has been returned: (c16304} AN ORDINAHC~ to amend and reenact Title XVo Chapter ~o Section 1, of The Code of the City of Roanoke, 1~56, In relation to Zoning. HHEBEAS, application bas been made to the Council of the City of Roanoke to have property located on the eastern s~de of Brambleton Avenue, Southaesto and being the southerly 25 feet of Lot 4A cf the resubdivision of Lot~ 4, 5. 6 and 7, Section 1, Hap of Oak Hill. recorded in the Clerk's Office or the Hustings Court of the City of Roanoke in Deed Hook.l1240 Page 406, and designated as Official Tax No, 1260104 on the Zoning Hap, rezoned from Special Residence District to Business District; and RHEREAS. the City Planning Commission has recommended that the hereinaftel described land be rezoned lrom Special ~esidence District to Business District; and HBERKAS, notice required by Title XY, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956. relating to Zoning. has been published in "The Roanoke #*rid=NeBs," a nemspaper published in the Gity of Roanoke, for the time required by said section; and RHEREAS, the hearing as provided for tn said notice nas held on the 19th day of April, 1965, at 2 p.m., her*re the Council of the City of Roanoke, at Mhich hearing all parties in interest and citizens Mere given an opportunity to he heard both for and against the proposed Fez*ming; and ~HEREAS. this Council. after o~nsidering'the evidence presented, is of the opinion that the hereinafter described land should be fez*ned. THEREFORE, HE IT ORDAIHED by the Council of the Cl{y of Roanoke that Title XV, Chapter 4. Section 1, of The Code of the City of Roanoke, ~956, relating to Zoning, be amended'and reenacted in the following particular and no other, viz.: Property located on the eastern sid~ of Brambleton Avenue, Southwest, d~scrib~d as the southerly 25 feet of Lo{ '4A of the resubdivision of Lots 4, 5. 6 nad ?, Sec~lon'l, Hap of Oak Hill. recorded in the Clerk's Office of the Hastings Court of the City of R~anoke in Deed Book 1124, Page 406, designated on Sheet 126 of the Zoning Map as Official Tax No. 1260104. be, and is hereby, changed from Special R~sldence D'i~tr'lct to Business D'istrict and the Zoning Map shall be changed in this respect. The motion Mas seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mhee~er and Mayor Dillard ............................... 7. NAYS: NOne ........................ O. ZONING: Council having preciously set a public hearing for 2 p.m., Monday, April 19, 1965, on the request of Mr. Charles D. Nelms, Jr., et al** that 43O property located OR the northeast corner or Melrose Avenue tod Eighteenth Street, N. N., described ns Lot 9, HI*ch ST, Melrose Land ¢ompnnl, Official Tax 2221509. be fez*ned from Special Residence District to Business District, the matter mas before the body. In this connection, the foil*ming communication from the City Planning Commission.' ret*amending that the request be denied, was before Council: · · ' "March 8, 1965 ,' The Honorable Benton O. Dillard, Mayor, and Members of City Council "' Roanoke,- Virginia Gentlemen: · At Its regular meeting,of February 24, 1965 the Planning Commission considered the above fez*ming request. The Commission had been informed ia u previous meeting that High*$ Ice Cream Company is contemplating the erection Of a commercial structure On the premises after the existing single=family residence is demolished. Having duly made field inspection, the City ~lannlng mission found that the character of the area is residential and that the construction of incompatible uses would be detrimental to the existing homes. It was determined that further spread of non-residential uses along Melrose Avenue is not ink,.pin9 with the proposed naming plan for the City of Roanohe. Yhe Planning Commission. therefore, recommends to City Council to deny this fez*ming request, Very truly yours, $/ Benry B. Boyuton h Henry B, Boynton Chairman# Mr. John D. Copenhaver, Attorney, representing the petitioners, appeared before Council in support of the request of his clients, Mr. Copenhaver explaining that Bights of Roanoke, Incorporated, desires to operate a retail store at 1731 Melrose Avenue, N. M.. so that its present retail store and warehouse at 1801 Melrose Avenue, ~. M., can be used exclusively as a warehouse. Mr. Jones pointed out that the proposed new Zoning Ordinance designates the ~roperty at 1731 Melrose Avenue, N. M., for office and institutional purposes. No one appearln9 in opposition to the request for rezouing, Mr. Wheeler moved that Council concur in said request and that the following Ordinance be placed upon its first reading: (m16385) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoniog. WHEREAS, application has been made to the Council of the City of Roanoke to have Lot 9, Block 57, Melrose Land Company, known also as 1731 Melrose Avenue, N. M., Official Tax'No. 2221~09, rezoned from Special Residence District to Business District; and MHEREA$, the City Planning Commission has recommended that the hereinafter described land not be rezoaed from Special Residence District to Business District; 431 RBEB£A$, notice required by Title X¥. Chapter 4, Section 43. of The Code of the City of Roanoke, 1956, relating to Zoning. has been published ii 'The Roanoke Norld-News.' u nemspnper published in the City or Roouohe, for the tine required by said section; and RH£REAS. the hearing as provided for in said notice mas held on the 19th dui or April, 1965, ut 2 p.m.. before the Council of the City of Rounohe, at mhich hearing ell parties in interest end citizens mere given un opportunity to be heard both for and against the proposed rezoning; and RHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned, TB£REFOR£. BE IT ORDAINED by the Council of the City of Roanohe that Title XV. Chapter 4, Section 1, of The Code of the City of Roanoke. '19S6. relating to Zoning, be amended and reenacted in the folloming particular and no other, viz.: Property located on the northeasterly corner of Helrose Avenue and 18th Street, N. ~., described as Lot 9, Block 57, #elrose Land Company. designated on Sheet 222 or the Zoning Map as Official Tax No. 2221509. be, and is hereby, changed from Special Residence District to Business District and the Zoning Rap shall be changed in this respect. The motion was seconded by Mr. ~ollard and adopted by the folloming rote: AYES: Ressrs. Garland, Jones, ~ollard, Pond, Stoller, hheeler and Hayor Dillard ................................. 7. NAYS: None .........................O. BUDGE~-SCBOOLS: Ors. Richard M. Ruddick. Chairman. Education Committee. League of Roman Voters. Roan,he Area. appeored before Council and read the following prepared statement, requesting information regarding methods and procedures pertaining to the financing of the public school system: #TO Mayor Dillard and numbers of the City Council: I am Ors. Richard M. Ruddick of the League of ~omen Voters of the ti,ri, primarily concerned with informed citizen participation in government. The Education Committee of the League has completed its eighth month of study of public schools in the Roan,he area. Certain.questions concerning the financing of public schools have arisen mhich need. we feel. the interpretation of the City Attorney. ~e. therefore, request the City Council to direct the City Attorney to render an opinion on the full.ming: The Code of Virginia. Chapter 8. 22-132. on ~Hom and by mhom funds for city hept.and disbursedw states: SAIl funds both State and local made available to the school'board for public school and/or educational purposes in each city shall be recorded by the treasurer or other-officer of the city charged by lam with the responsibility for the receipt, custody and disbursement of the funds of the city iaaa account or accounts separate and distinct from all other funds. Such school funds shall be disbursed upon the order or authority of the school board of the city** Also, the second paragraph of Section 33 of the Charter provides in part: -'...the Council in adopting the budget,***, shall recommend a levy on real and personal property first in such an amount as is estimated to be necessary for the general operation and administra- tive costs of the government, and no more, and secondly in such an amount as is estimated to be necessary for the operation of the public schools.* 432 Our,first question is: Are either or both of these provisions authority rot setting up u sepsrate school fund apsrt from the General Fund of the cJty~ The City Charter, Section 360 states: eat the close of each fiscal year,.,the unencumbered balance of each appropriation shall revert to the respective fund from which.it was ~ppro- printed and shsll be subject t? furth~r appropriation, Oar second question Is: If Section 22=132 cf the Code o~ Virginia and/or Section 33 of the City Charter is,the avthority for setting up a separate school fund apart frcH The General Fund of the city, mould the unencumbered balance of each appropriation revert to the school fund instead of to the General Fand~ The Code of Virginia, Chapter 8, 22-136, pn *Gnexpended. School and educational funds* states: *All sums of nancy derived from State funds for school ur tducational purposes, which are un- expended in any year in any cbunty or city shall go into the fund of the State from which derived for redivislon the next year, unless the State Board directs othermise, All sams derived from county or city funds anexpended in any year shall remain a part of the county or city funds, respectively, for use the next year° but au local funds shall be subject to redlvisJon outside of the county or city in which they were Oar third question is: Bom should the last sentence be ~nterpreted? Is this a contradiction of 22-132 of the State Code? Or does it mean literally shat it says, that no local funds shall he subject for redlvision outside of the county or city in which they were raised? The City Charter, Section 34, states: '...The tax tichet shall prominently shun the rate of tax per hundred dollars of assessed value appropriated for the operation and administra- tion of the city government and shall separately show the rate of tax per one hundred dollars;of assessed value appro- priated for the o~eratlsn of the'public schools.* The preceding sectton (Cad paragraph aY Section 33 ubov~ quoted) requires council to recommend a levy oD real and personal property fur two purposes: one, general operations, and, two 'for th~ operatio~ of the public schools* (without reference to payment of principal and interest on bonds). Yet the 1965 tax tJchet states, *FOR OPERATION OF CITY SCH00L5 (including the payment of principal and interest on nonrevenue School Bonds) - $2.74.° Our fourth question is: (a) hhat is the authority for including the payment of principal and interest on nonrevenue school bonds on the tax tichet and as part of the levy made *for the op~ratton Of the public schools*? (b) Is it not misleading and misinforming to indicat~ to the taxpayers that the schools are to receive 92.74 per 9100. OO assessed value (or whatever the current rate might be), when in reality the school board receives less than 100~ of the tax rate because al~ldelinquent taxes csllected are ~redited to the General Fund? We would greatly appreciate receiving the City Attorneyrs opinion to these qoestJonsnot'later than'June 1, 1955 so that we may complete oar studies within OUr timetable. S/ Mrs. Richard M. Ruddick# After a discussion of the matter,'Mr. St*lieF moved that the City Attorney be directed to render an opinion to Council on those questions which, in his discretion, need interpre}at!~n. The motion was seconded by Mr. Pollard and unanimously adopted. 433 DEPARTMENT OF PUBLIC RELFAR£~ Council at its Beating OR December 3. 1962, having appointed · col*it*ce composed or #eisrs. Benton O. Dillard, Ch. itrwae. Boy R. Pollard. Sr., and Arthur S; Owens'to study the establishment of aa Advisory ieed Appeal Gourd in connection with the operation of the Department of Public Welfare, Hr. B..Parnell Egglestoe, President, Roanoke Volley Council of Community Services, Incorporated, appeared before the body,'urgin9 tho* the cowmlttee wake its report at un early date and recommending the creation of a Citizens Advisory Board to the Department of Fubllc Welfare. In this connection, a Resolution adopted by the Board of Directors of District Ten of the Virginia Council on Social Welfare and a communication from the Board of Directors of the Young Women's Christian Association of Roanoke Valley, recommending that a Citiaens Advisory Board to the Department of Public Welfare be created, were before Codncil. After a discussion of the matter, NFo Pollard moved that Mr. £ggleston be added to the committee and that it be requested to submit its report to Council at an early date. The motion was seconded by Wro Stellar and unanimously adopted, HOUSING-SLUM CLEARANCK: Mr° Russell R, Henley, £xecutlve Director of the City of Roanoke Redevelopment and Housing Authority, appeared before Council and presented the following communication, requesting approval for the filing of a new survey and planning applicationby the Housing Authority with the Federal Government to defray'Costs of'surveys and planning in the Kimball Project area in the amount of $138,?18 in lieu of a previous application in the amount of $88,500: "April 15, 1965 Honorable Mayor and Members of City Council City of Roanoke ' Roanoke, Virginia Cea*leman: Resolutions No. 15910 and No. 16127 passed by the Council on July 13, 1964 and November 23, 1964, approved the filing of a Survey and Planning Application by the City of Roanoke Redev- elopment and Housing Authority covering the prbposed Kimball Project Area, south of Orange Avenue and east of Milliamson Road. lathe Northeast Section of the City of'Roanoke. The Urban Renewal Administration Office in Philadelphia has reviewed our application and requires that we increase oar estimates for the surveys and planning by $3,508.00. and in addition, the amount of monies in reserves and contingencies by $46,710.00. These two increases, added to the previously approved by Council, total $138,716.00. The increase of $3,508.00 to do such work involves comprehen- sive relocation studies to determine rehousing needs for relocation. The amount for reserves and contingencies will not be expended unless Council approves the resulting plans from the survey for a project. 484 re are enclosing 8 proposed resolution by mhlch Council rescinds the two resolutions passed previously lc connection with this survey and planning and approves our riling a survey · Planning Application for the total of $138,?18,00~ .. Representatives of the Authority mill be present to answer any questions uhlch may arise, ' Your favorable consideration Ond passage'of the attached resoln= tiaa will he appreciated, Very truly yours, CII'Y OF ROANOKE REDEVELOP[ENT 'AND HOUSING AUTHORITY By S~ Millinm 5. Dnbard Mr. [heeler moved that Council concur in the request ned offered the following Resolution: Cn16:m6) A RESOLGTION rescinding Resolution No, 15910 of July 13, 1964 and Resolution No, 16127 of November 23, 1964 as adopted by the Council of the City of Roanoke, Virginia, on such dates and in lieu thereof; A RESOLUTION approving the filing of a Survey and Planning application by the City of Roanoke Redevelop- meat and Housing Authority with the Federal Government to defray costs of surveys and planning of a redevelopment project. (For full text of Resolution. see Resolution Hook No. 28. page 139.) Mr. [heeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the followin9 vote: AYES: Messrs. Garland. Jones. Pollard. Pond. Stoller. [heeler and Mayor Dillard .............................?. NAYS: None ......................O. PETITIONS AND GOMMUNICAYION$: STREETS AND ALLEYS: A petition from Mr. R. R. Rush. Attorney. represent- ing Mrs. Elizabeth C. Shoal. owner of property located on the west side of Stephenson Avenue. 5. N.. opposite the dead end of Twenty-sixth 5tree,. described as Lot 1. Shoal Map. Official Tax NO. 1160133. requesting permission to use her property for a driveway to the parking lot of the Mick-or-Mack Stores and the 5 ~ H Green Stamp Store fronting on Franklin Road during the hour~ in mhich said stores are open to their customers, was before Council, In this connection. Hr. Rush appeared be~ore Council. voicing the opinion that use of the property for a driveway would remove a great deal of traffic from Franhlln Hoed and would not increase traffic on Twenty-sixth Street and Stephenson Avenue to any appreciable degree. Rt. Martin p. Burke, 2602 stephenson A~enue, S. W., appeared before Council lo opposition to the request, Rt. Hurks c~ontendlng that use of the Shoal property for a driveway is bonnd to Increase traffic on Stephen~on Avenue and Twenty-sixth Street because ft mould take it off of Franhlin Road, that the matter has been before Council on several previous occasions, necessitating the appearance of residents in the vicinity before Council to oppose the matter, that in each 435 instance the request has been denied, tbnt en attempt Is being made to Invade u residential urea for commercial use nnd it Js him sincere hope that the present request mill be denied without further action so that omners of nearby residential properties mill not have to continue appearing before the body to eppose the indirect extension of Twenty-sixth Street, Mr, Pollard voiced the opinion tbut the neu request should et least be considered and moved that the matter be referred to the City Planning Commission for study, report and recommendation to Council. The motion mas seconded by Mheeler, Mr. Pond offered a substitute motion that the req2est be denied inasmuch ns the matter ~as been before Council and turned duma ua several previous occasions The substitute motion failed for lack of a second. The orlginnl motion mas then adopted. Mr. Pond voting no, STREET LIGHTS: A petition signed by eight residents of ¥oFh Road and Fairmay Drive, S. W., advising that It is their understanding n petition is being circulated in the area for the installation of a street light at the inter- section of York Road and Fairway Drive and asking that permission for the installa- tion of the street light not be granted if such a request is made, was before Council. In this connection, Mr, J. Emmett alockwell appeared before Council, adrisfug that a petition signed by 17 residents o[ Fairway Drive, S. M., requesting that a street light be installed at the intersection of Fairmay Drive and York Road. has been filed mith the City Manager, and presented a copy of the petition. Pollard and unanimously adopted. REFUNDS AnD RERATES-LICENSES: A communication from the Yalle7 Roofing Corporation, advising that i't inadvertently purchased a 1965 city tag for a truck which has been damaged and junked and requesting a refund of the $25,20 paid for the tag, mas before Council. On motion of Mr. Stoller, seconded by Mr. Pollard and unanimously adopted, the matter mas referred to the City Manager for study and report to Council. REFDNDS AND REBATES-LICENSES: A communication from Mr, Jack £. Roland, Sr., advising that he inadvertently purchased a 1965 city tag for a boat trailer which is used and stored in Franklin County and requesting a refund of the $3.50 paid for the. tag, was before Coaacil. On motion of Mr. Stoller, seconded by Mr. Pond and unanimously adopted, the matter mas referred to the City Manager for study and report to Council. CITY ATTORNEY: A communication from Mr. Randolph G. Mbittle, tendering his resignation as City Attorney, effective May 4, 196~, mas before Council. 436, Mr. Stoller offered the roll,wing Re'solution accepting the resignation and expressin'g appr'eciatioa for the long and faithful services of Rt. Mhittle to the City of (o16387) A RESOLUTION accepti'og the resignation of Randolph 6. Whittle. Esquire. ns City Attorney. effective May ~. 1965; and expressing appreciation of said officer's long nad faltkfnl servlcea to the City of Roanoke. (For ruXl text 'of Resolution. see Resolution Rook No. 28. page 141.) Mr. Si,lief Bored the adoption of the Res,lotion. The motion w'as seconded by MF. Pollard and adopted by the foil,wing vote: AYES: Messrs. Garland. Jones. Pollard. Pond. Si,lief. Nheel~r end Mayor Dillard .......................... NAYS: None--~ .....~ ......... O. REPORTS OF OFFICERS: STREET LIGHTS: The City ManageF submitted a written report, recommending that Council authorize the removal of eight 2500 lumen overhea~ incandescent street lights and the installation of twenty-one 21,000 lumen mercury vapor street lights on Mllllamson Road, N, M** from HeFshberger Road to the corporate limits. Mr. Stiller moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~16359) A RESOLUTION authorizing the removal of eight 2500 lumen over- head incandescent 'street lights and the installation of twenty-one 210000 lumen mercury vapor street lights on Milliamson Road, N. W., from Rershberger Road to the corporate limits. (For ~11 text of Resolution, see Resolution Book No. 28, page 142.) Mr. Stoller moved the adoption of the Resolution. The motion was s'eccuded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Fond. Stoller. Wheeler and Mayor Dillard ........................ NAYS: None ..................Oo BUDGeT-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, recommending that $625 be appropriated t'o Mai'crisis - Building and Property under Section ~8~, *Maintenance of City Proper~y,u o~ the lg65 budget, to c~ver the cost of providing atmospheric cooling for the Roanoke Summer Theater locate~ in Rockledge Inn atop Mill Mountain. The City Manager verbally reported that Roanoke SnmmeF Theater, Incur~ porated, has agree'd to bear one-half of the cost of providing the atmospheric Go.lin Mr. Pond moved that Councll concur in the recommendation' Of the City Raflagerand offered the foil.wing emergency Ordinance appropriating $625 with the stipulation that one-half of this amount will be reimbursed to the City of Roanoke by Roanoke Summer Theater, Incorporated: (~16589) AN ORDINANCE ~o amend and rear'aim Section ~8, 'Maintenance of City Property,* of the 1965 Appropriation Ordinance, and provldlnq £or an emerffeacy. (For full text of Ordinance, see Ordinance Rook No, 28, page 143°) 437 Mr. Fold moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler nnd adopted bF tho folJoulog vote: AYES: Reosrs. Garland. Jones. Pollard. Pond. Stollero Mheeler and Nayor Dlilnrd----~ ...................-7° NAYS: None .................. O. BUDGET-SEWErS AND STORM D~AINS: Council having been ad¥1aed by lbo CiaF Manager that an additional appropriation of $21,500 will be required to complete the preparation of am engineering report, on the sewer interceptors and sewer trnak wains within the City of Roanoke. together with a master plan. indicating an incremented itprovement pro,ram, by tho firm of Mayes. Seay. Ma*tern nnd Matterst Architects and Engineers. as compared with the original estimate of $1G.O00. and having referred the matter back to the City Manage? for further study as to the work completed to date. and to subuit his report and recommendation to the body. the City aanager submitted a written report, advising that the work completed to date amounts to $24.123.55. that $18.000.00 has been appropriated, but that $2.377.81 of this amount was inadvertently returned to the Sewage Treatment Fund on January 1. lg6S. and recommended that the difference of $8.S01.36 be appro- priated at this tine and that $15.376.4S be included in the 1965-66 budget for the balance of the work to Complete the study, not to exceed the total amount of $39,500,00. Mr. hheeler moved that Council concur in the recommendations of the City Manager and offered the following emergency Ordinance appropriating $8.501.36: (n163go) AN OROINA~CE to amend and reordain "~on-Operating Expense.' of the 1965 Sewage Treatment Fund Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 144.) by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller. Mheeler and Mayor Dillard .......................... NAYs: None ..................Oo Mr, Mheeler then moved that the Budget Commission be requested to include $15.376.45 in the 1965-66 budget to complete the work. The motion was seconded by Mr° Stoller and unanimously adopted, NAYER DEPARTMENT: The City Manager submitted a written report, requeatin! that Council authorize the payment of $25,000 to Alvord. Bnrd~k and Mowson, Con- sulting Engineers, for professional services in connection with the preparation of plans and specifications for the Tinker Creek Diversion Tunnel, Mr. Stoller moved that Council concur in the request of the City Manager and that the matter be referred to the City Attorney for preparation of the proper -438 B~DGET-PAY PLAK: Tke City Jszuger submitted the ~ollnming report, recommending that he he authorized to fill certain vacancies in various municipal departments since they ore of an emergency nature: *Roanoke, Virginia April 19, 1965 TO the City Council Roanoke, Virginia Gentlemen: The following employees are needed for the efficient operation or the City Government: City Garage: I Laborer, Group 10, Step 2 Street Repair: I Street Crum Helper, Group 9, Step 1 Sewer and Drain Construction: I Street Crum Helper Airport - Secretary II, Group 14 Clerk, Group 14 Fire Department - Two Firemen ~nglueer/ng - Secretory II April 12th Respectfully submitted, S/ Arthur S, Owens City Manager' In a discussion of the matter, the City Manager explained that the Secretary for the Engineering Department was employed on April 12,.1965, at a salary of $242.50 per month, pursuant to Resolution No. 16345, authoriiing the temporary establishment of an office in connection with acquisition of rights of may for highway projects related to 5tatesRoute 24 and 599. Mr. Stoller moved that Council concur in the recommendations of the City Manager end 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, AXRPORT: Council having been advised by the City Manager that all the work under the contract of H. L. Turner Company, Incorporated, for grading and drainage in connection with the extension of Runway and Taxlmay 15-33 at Roanoke Municipal (Wu,drum) Airport has been completed except approval of a change order for extra grading work, end the City Manager having recommended that:the contractor be paid the amount of $30,000 with a balance of $4,372.46 to be retained until the contract is closed got. and the matter having been referred back to the Cit~ Manager for further study and report as to work performed, he submitted a written report; explaining'in detail circumstances which led to the extra grading work, and recom- mended that the contract of'H. L, Turner Company, Incorporated. be extended in the amount of $16,025.29 to COver said work. After a discussion of the matter, Mr, Pollard moved that Council concur in the recommendation of the City Raoager 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. 439 'REPORTS: The City Manager submitted · written reporte trauswit.tlug o report or the Depertwant of Public Welfare for the mo·th of February, 1965, and listing other wouthly deportmeat·l reports o· file in his office. On matin· of Hr. Stoller, seco·dad by Hr, Pollard and unanimously adopted, the report was filed, ZONING: Council having referred to the City Plnnning Commission for study report and recowwendution · petition of twelve reside·ts of the 2300 block of Colonial Avenue, S. ~., requesting that property located on Cola·iai Ave·we, S. between Twenty-third Street sad Twenty-fourth Street, described us Lots inclusive, Block 1, Cola·Iai Heights, official Tax Nos. 1271001-1271008, inclusive, and Lots 36-44, Inclusive, Block 4, Wlnoua Addition, Official Tax Nos. 1270536~ 1270544, iuclusive,.be renamed from General Reside·ce District to Business District the City Plan·lng Commission submitted the follooing report, recommending that the request be denied: "April 8. 1965 The Honorable Benton O. Dillard, Rayor and Xembers of City Council Roanoke, Virginia Gentlemen: The City Planning Commission Considered this rezoning request nt the regular meeting of April 7, 1965. ara H. J. Hobbs, Jr.t repre- senting certain residents on Cola·iai Are·we waintained that because of the presence of n shopping center and the Increase In traffic volume the value of ho·es facing Colonial Avenue had bee· impaired and that commercial development of this street was likely to happen. Having duly made field inspection, the Pla·ming Commission noted that the area on both sides of Colonial Avenue between Twenty- third and Twenty-fourth streets is exclusively residential in character and that business uses would destroy the value of the area for residential purposes. The Planning Commission, therefore, recommends to City Council that this rezoning request be denied. Sincerely yours. S/ Henry B. Roynton/h Henry B. Boynton Ghairwan' In this connection, a communicationfrom Mr. Mo J. Robbst Jr,, advising that the petitioners have decided to abandon the request for rezoning at the pres·hi tine. was before Council. - Mr. Stoller moved that the petitioners be permitted to withdraw their reqoest for rezoningo The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: BUDGET-PAy PLAN: The committee appointed to study the request of employees of tbe Nat·r, Garage. MaJnteuuncet Street Cleaning and Sanitation Depart- ments of the City of Roanoke that they be paid every two weeks instead of semi- monthly submitted tbe following report; 44O 'April ~9, 1965, The flouoreble Council of the Cit~ or Roeoohe, Virginia Gentlemeh~ You referred to the undersigned commit%ne rot study end mendntion a request from aertnln employees thnt they be paid their salaries bi-weehl! rnther than semi-monthly. Presently oil employees are paid se.l-monthly on the morhing day in the mark period, i.e.t on the 15th and the lust day of the month or the uorh day prior thereto. ~' ~ ' We have made a thorough study of this matter and cbhcluded that because of the heavy work land in the City Audltor*s Office the present personnel and equipment ennnot absorb the additiaool burden mhlch mould be imposed by ,he, requested change., Re recommend that the, request be denie~. Respectfully submitted, $/ Robert A. Garland Robert A. Garland, Chairman S/ Roy R. Pollard. Sr. Roy R. Pollard, Sr. $/ Clarence E, Pond Clarence E. Pond S/ Jo Robert Thomas J~ Robert Thomas' Mr. Garland moved that Council concur in the recommendation of the committee and that the request be denied, The motion mas seconded by Wt. Pollard and unanimously adopted, UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING-STREETS AND ALLEYS: Ordinance No. 16380, establishing building setback lines on both sides of Colonial Avenue, S. W., from Brandon Avenue to Overland Road, having previously been before Council for its first reading, read and laid over, ~as again before the body, Rt. Wheeler offering the follouing for its secood reading and final ~doptlon: (n16~80) AN ORDINANCE establishing boilding setback lines on both sides of Colonial Avenue, S. ~,, from Brandon Avenue to Overland Road, 5, ~o (For full text of Ordinance, see Ordinance Book No, 28, page Mr, Nheeler moved the adoption of the Ordinance, The motion was seconded by Rr° Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Rheeler and Mayor Dillard ....................... 7. NAYS: None ................. STREETS AND ALLEYS: Council having directed that an Ordinance vacating, discontinuing and closin9 a portion of Camps .Alley and a portion of Rockview Avenue, be redrafted to include certain conditions, the measure as redrafted was presented; mhereupon, Mr, Nheeler moved that the following Ordinance be placed upon its first reading: 44! (m16391) AN ORDINANCE conditionally vacating, disooatinnin9 nad closing that portion of Camps Alley (15 feet wide) es shown on Official Appraisal Mnp Sheet No, 302 in the Office or the City Engineer for the City of Roanoke. Virginia. trow a point beginning ct the ao!therly boundary of the setback line for Orange Avenue, H, E** provided by Ordinance Mo, 11447, adopted May 26, 1952, uno as shown on Haster Plan Map No. 3887. said point being 50 feet south or the center line of Orange Avenue as shown on said Map. and continuing in a southerly direction to the northerl side or HcOowell Avenue, M. E.. which alley abuts on the westerly side the property owned by American Motor Inns. Incorporated, Official Tax No. 3024001. and which is abutted on the easterly side by the following parcels: Official Tax Mos. 3020801, 3020803, 3020804. 3020805. 3020846~ 3020847 and 3020848; and permanently vacating, ,discontinuing and closing that portion of Rockvieu Avenue, which adjoins Camps Alley and runs in u southeasterly direction a distance of 288.05 feet, end which abuts on the northeasterly side the following parcels of real estate; Official Tax Mos, 3020805, 3020806b 3020817 and 3020818. and on the southerly side Official Tax Nos, 3020846 and 3020849o all within the City of Roanoke, ¥irginia. MHEREAS, American Motor Inns, Incorporated, has heretofore filed apetitio before the City Council in accordance with law requesting the Council to vacate, discontinue and close those portions of Camps Alley and,Rochview Avenue hereinbefore describedt located within the City of Roanoke, Virginia. 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 said petition, viewers were appointed by Council to view.the property and report in writing what inconvenience, if any, would result from vacating, discontinuing and closing those portions of the alley WHEREAS, it appearing from the report in writing filed with the City Clerk, together with the affidavit of said viewers, that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing those portions of said alley and avenue above described; and WHEREAS. th~s matter was referred by Council to the City Planning Com- mission for study, report and recommendation, which Commission bas advised Council in writing that the alley in question is located on steep, unusable 'land, and that Rockview Avenue has never been opened because of the difficult terrain, but has further advised Council that portions of said alley and avenue may be needed to accomplish construction of the relocated Milliunson Road and U. S. Route 460, as shown on Plate 83 of the Major Arterial Highway Plan. and that the Commission disapproved the closing of this alley and avenue as the land involved might be needed for future public use; and ' WHEREAS, after due notice published in The Roanoke Morld-Mews on the lgth day of MaFch, 196S, directed to any person interested in the vocating, discontinuing and closing of those portions of the alley and avenue as set forth above, a public hearing was held before the Council of the City of Roanoke at 7:30 p.m., April 5. 1965, at which meeting representatives of the Planning Commission explained the reasons for their disapproval of the petition, and which matter was argued by Connsel for the petitioners; and 442 MHEREAS, at said ~eetlng the petitioners agreed that reservation be made Il this Ordinance permitting said Council to later auend or repeal the same insofar as said ~rdinance provides rot the vacating and closing of any portion or c?ps Allele if the land in said alley should, in the discretion of the Council, be needed nt some future date in order to construct streets, highways or ecce~ roads, and with said reservation, it is the opinion of the Counci~ for ~he City of Roanoke that the vacntinge discontinuing and closing, of those portions of the alley sad arcane set forth herein would result Jn no,~nconv~nlence to nny individual or to the publ?; and WHEREAS, the petitioners have agreed to pay the cost nnd expenses of the c~osing of said portions of the alley and avenue? THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that subject to the reservation hereinafter expressly set forth the portion of Camps Alley (15 feet wide) as Shown on Official Appraisal Map Sheet No. 302 in the Office of the City Engineer for the City,of RoanoRe, Virginla~ from a point beginning ut the.southerly,boundary of the setback line fo~ Orange Avenue. N. E,, provided by Ordinance No. 1144~, adopted Ray,26, 19~2, end as shown on Raster Plan Rap,No, 3887, said point being 50 feet south of the center line of Orange Avenue, N. E., ns shown on said Map, end continuing in a southerly direction to the northerl side of RcDowell Avenue, N..E,, which,alley abuts on the westerly side th~ property owned by American Motor Inns, Incorporated, Official Tax NO. 3024001, end which is abutted on the easterly sid~ by the following parcels: Official ~ax Nos. 3020801e 30208~3, 3020~04, 3020805e 3020846, 3020847 and 3020848, be vacated, discontinued and closed; and that that portion of Rochview Avenue. which adjoins Camps Alley and rams in n southeasterly direction a distance of 288.05 feet, and which abuts on the northeasterly side the following parcels of real estate: Offlciat Tax Nos. 3020805 3020806. 302081? and 3020818, and on th~ southerly side Official Tax Nos. 3020846 and 3020849. all within the ,City of Roanoke, Virginia, be, and the same is hereby, permanently vacated, discontinued and closed; the City of Roanoke reserving unto itself, however, a perpetual easement for sewer lines, drains, wa~er lines and other public utilities which may now b~ located in the aforesaid alley and avenue; but the Council, on behalf of the City, expressly reserving the right to later or repeal that portion of this Ordinance pertaining to the closing and vacating of that part of Camps Alley hereinabove described. If in the discretion of the Council the land in said alley shall be needed at any time in the future in order to construct public streets, high~ays or access roads. BE 1T FURTHER ORDAINED that the City Engineer be, and he is hereby. directed to mark 'Vacated, Discontinued and Closed' those portions of Camps Alley and Rockylew Avenue above described on all maps end plots on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said, alley and avenue are shown, ~eferrin9 thereon to the book and page of Ordinances and Resolutions of the Council of the C~ty of Roanoke, Virginia, wherein this Ordinate shall be spread; 443 nad the Clerk is directed to trnnsm]t in attested copy h~reof to the Clerk of the Hustings Costa of the City of JOlOOke for rccnrdctioc ia said Clerk's Office, ~ke motion mas seconded by Nrc Fond nnd adopted bi the folloming vote: AYES: Messrs. Garland. Jotes, Pollard. Pond, Stoller. Nheeler and ksyor Dillard .................~ ...... ?, ~kJS: None ................. O, BgDGET-PAY PLAN: Council' hiring directed the City Attorcey tn prepare the proper measure authorizing the City Manager to fill certain veconcies in various municipal departments since they ere of in emergency nature, he presented same; whereupon.' Mr. Stoller offered the following Resolution: (~16392) A RESOLUTION authorizing the City Manager to emplo! certain personnel. (For full text of Resolution, see Resolution Rook No. 28. page 144,) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Nessrso Garland. Jones, Pollard. Pond, Stoller, Nheeler and Mayor Dillard .......................... NAYS: None .................. SIDERALM, CURB AND GUTT£R-STREETS AND ALLEYS: 'Council having directed the City Attorney to prepare the proper measure providing for the acquisition of 134,12 square feet of land'at the southeast corner~of Wllliamson Road and Fleming Avenue, N. ~.. from The Cnubined Insurance Company of America, for street purposes, in exchange for curb and gutter, he presented same; whereupon, Mr. Nheeler offered the following emergency Ordinance: (m16593) AN OROINANCE authorizing and directing acquisition of 134.12 square feet of land at the south~ist co~ner of Rllliamson Road end Fleming Avenue, (For full text of Ordinance, see Ordicanc~ Book No. 28, page 145.) Mr. Nheeler moved the adoption of the Ordinance. The motion wa~ seconded by Nrc Pollard end adopted by the following vote: AYI~: Ressrs. Garland. Jones. Pollard, rondo Stol~er. Nheeler and Nayor Dillard ..... ~-~-~ ................ 7. SALE OF PROPER~-~S~EETS AND ALSYS: Council baying dJrected tbe City Attorney to prepare'the proper measure providing fbr the conveyance 6f two parcels of land previously donated to the City Qf Roanoke by All Star Lanes from the rear of Its property at 3439 Melrose Avenue~ N. ~., for street and unnlcipal purposest to The Roanoke Country Glub, Incorporatedt in exchange for a strip of land on the east side of Nest Side Boulevard, he presented'same; Mhereupon, Mr. ~heeler moved that the following Ordinonce be placed ~pon its first reading: (~16394) AN 0RDI~A~CE authorizing the conveyance to the ~oano~e Cogntry Club, Incorporated, of tMo parcels of land situate north of J~lrose Avenue, N. 444 designated is official Nos, 2660124 and 2660125, in ooasiderztino of the conveyance to the City of a strip of laud approximately 15 feet aide aid containing approxi- mately 3640 square feet, situate on tbs east side of Nest Side Boulevard, BE IT ORDAINED by the Council of tke City of Roanoke that the proper City officials be and ere hereby authorized tad directed, for end on behalf of the City, to execute · deed of conveyance upon such form as is approved by the City Attorney, conveying to Roaaohe Country Club, Incorporated, the title to certain unused City-owned property consisting of tun adjoining parcels of land situate north of Melrose Avenue. N. M** and designated on the Tax Appraisal Map of the City of Roanol as Lots No, 2660124 and 2660125, each containing approximately 0,28 acre. Jn consideration of the conveyance sade or caused to be made by Roanoke Country Club. Incorporated. to the City of a certain strip or parcel of land situate on the present east side of West Side Boulevard, N. M,, running from Densmore Avenne, N, R,, approximately 214.04 feet and cosprisin9 a portion of Lot No. 2671003 as shown on said Tax Appraisal Rap. said strip of land to be of sufficient width to provide a 50-foot wide right of uny for Mesa Side Boulevard between Densaore Avenue and Rentochy Avenue, N. #.; such conveyance to the City to be sade in fee simple and upon such form of deed as is first approved by the City Attorney and said deed, when delivered to the City, to be recorded in the local Clerk's Office. The motion mas seconded by Mr, Pollard and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard, ~ond, Stoller, Mheeler and Mayor Dillard .........................70 NAYS: None ..................O. BUDGET-TRAFFIC: Council at its last regular seeming having appropriated $?00 to corer the total cost of relocating poles and curb and gutter in order to permit east-bound traffic on Relrose Avenue, N. W., to make a left turn into the property of Mr. Henry Bo Rntrough. the City Attorney presented draft of an Ordinanc authorizing the work; mhereupon, Ur. Pollard offered the following emergency Ordinance: (~16395) AN ORDINANCE authorizing and directing certain changes to be sade in Relrose Avenue. east of Peters Creek Road; and providing for:an emergency° (For full text of Ordinance, see Ordinance Book No. 28, page 146o) Mr. Pollard moved the adoption of the Ordinance. ~he motion was seconded by Mr. Pond and adopted by the follow~ng vote: A~£S: Bessrs, Garland. Jones, Pollard. Pood, Stoller, Mheeler and Mayor Dillard .........................7, NAYS: None ................. On SEMERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure declining, for the time being, a request of the Roanoke Connty Board of Supervisors that tbs 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 tract of land containing 445 106.44 acres located ?50 feet, wore or less, northeast of the northeast corporate limits of Salem and west of Virginia Route 116 (Core Road), he presented saw.; whereupon. Hr. Stoller offered the following Resolution: (a16596) A'R£SOLUTlON;decllalng, for the time being, n request to faFth amend ~he contrn~t of September 28, 1954, between the City of Roanohc and the County of Roanoke, dealing with the treatment of domestic and commercial wastes. (For full text of Resolution, see Resolution Hook Mo. 28, page 146.) Mr. Stoller moved ~he ad~ption of'the Re~olation. The motion was seconded 'by Mr. Pond and adopted by the following vote: AYES: #essrs. Garland, Jones, Pollard, Pond. Stoller, ~heeler and Mayor Dillard .........................?. HAYS: Moa, ..................O. MOTIONS AND RISCELLANEOUS BUSINESS: SE#E~S AND STOR~ DRAINS: The Reverend Stuart E. Kersey and Kr. Howard E. Signori appeared before Council on behalf of the Rosalind Hills Hap*isa Church and requested that a storm drain be constrncted in front of its property nn the south side of Brandon Avenue, So M,. westwardly from Langdon Road for a distance of approximately 375 feet at an estimated cost of $4.000 in exchange for dirt to be furnished by the property usher for fill after the storm drain has been installed. After a discussion of the matter, the City Manager pointing out that the Department of Public Murks already has a full work schedule and Council being of the opinion that the city should take advantage of the offer of the Rosalind Hills Baptist Church, Mr. Stoller moved that the City Manager be directed to proceed with the construction of the s~orm drain with city forces. The motion sas seconded by Mr. Wheeler and adopted, Mr. Jones voting no. SCHOOLS: Council having directed the City Attorney to prepare the proper measure conditionally conveying to the University Of Virginia a 35=acre tract of land On the rest side of Colsnial Avenue, S. N., for use of the Roanoke Center of the University of Virginia, Hr. Stoller pointed out that the use of this land for this purpose has not as yet been officially approved by the City Planning Commission and moved that the matter he referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded by Mr. bheeler and unanimously adopted. Mr. Stoller then moved that n committee composed of Masaru. James E. June Chairman, Clarence E. Pond and Murray A. Stoller be appointed to determine the exact location o~ the ~$-acre tract of land. The motion was seconded, by Mr. Pollard and unanimously adopted. LRGISLATIO~-CIT~ CI~qR~ER: , Council at Its last regular meeting having adopted a motion that a committee of seven citizens to he nominated by each member Of Council he appointed t~ worh on any changes in the City Charter which should he forthcoming for presentation to the 19~ session of the ~eneral Assembly, Mr. Jones '446 offered the roll,wing ResOlution providing for the crectioa tad appointment of · Charter Study Commissio· and defining Ils purposes, a~thorlty and respoasibiJitles~ (oi6397) A R£~OLUTION providing rot the crum*lo· ·nd appol·tme·t or · Charter Study Commission end defining its purposes, authority, and responsibilities, (For fall text of Resolution, tee Res*luria· Book No, 28. page 148.) Mr, Jones moved the adoption or the Resolution. The motion mas seconded by Mr. St*lief amd adopted by the followi·g vote: Ar~$: Messrso Garland, Jones. Pollard. Pood, St*lieF and Mheeler ....... 6, WAYS: Mayor Dillard .................................................. l, TAXES-IL~STER I~.AN: Mr, St*lief read the following prepared statement proposing methods of tinuncingo Capital Improvement Program on a pay-as-you-go basis: 'April 14, 1965 Honorable Mayor and Fellow Members of Roanoke City Council: Re: A Pay-As-You Go Tax Plan To Finance Capital Improvements Gentlemen: We are fortunate to be living in years when our beloved City is once again enjoying prosperity. Progressive government based on soundly conservative financial principles and responsiveness to the needs of all our people has helped bring us to this happy situation. It is now time to begin to build the capital improvements mhich the people of our City deserve. ~xperience has shown that the local sales tax is capable Of helping provide Virginiats cities with the revenues needed for progressive programs, Norfolk*s pioneering tax has now been copied by practically all: those who have not yet enacted it are studying it. The other evening the next governor of Virginia, our good friend Mills Godwin pointed to the 'predictability' of ¥irginim*s government, In a somewhat different mood ! predict that the General Assembly will continue to be rural-dominated for at least another ten years, and from this it is plain that time is of the essence and there is an urgency that the Council of the City of Roanoke enact a local sales tax ordinance or face the very real possibility that the 1965 General Assembly will deny the use of this tax source. Iu the meantime our capital needs do not ~row less by our waiting. It is always easier to criticize than to suggest a positive program, but in answer to some of the fears that have been voiced about adverse effects If the City adopts a pr*gram without the County doing likewise, I wish to submit the following: On April 13 a leading Worfolk realtor repeated before the Roma*kc Urban Policy Conference that the Norfolh tax had had no adverse effect on Norfolk*$ merchants, Before the same group a Virginia political scientist stated that industrial growth brings populn? tiaa gromth. Also, we cannot wait for Roanoke County. This would be another Case of the tail wagging the dog, It is up to this Council to offer the leadership which oar Valley demands. As. Roanoke County becomes even more urban than it already is, it will be faced with the same demands as me are faced with, and it will ~ave to impose parasite upon the City with any reasonable degree of comfort; the citizens of Roanoke County will not stand for it. For another thing, me can no longer pass the back on the need for n Civic Center. I appreciate the various committees who have 447 marked on this problem, but they bate not solved it, Two things will hurt the proposed Authority scheme, First, the Authority is u dragon to most Of the people of this Valley, The nord itself does not enjoy a good repotutioo, Second, those who proposed daisy have sot fulfilled their promise of o. mlllioo dollars, Me ought to mull no longer, Ne hunm emnugh nom~about u local sales tax to make it u part or our tun atructoree We are ulna in the favorable position of being able to reap u mludfoll by udvaBciug the personal property tun for 1966 to Ney 1, I therefore propose that me begin immediately to build the Civic Center for which we already ann the laud, and pay rot the Center: . From u 24 local sales tun (1963 retail sales were $140 million) ...............ut least ..... $2,000,000 From the one-time windfall mhich will cost the taxpayers nothing but simply advance th,Jr 1965-66 personal proper- ty bill to May 1, *********************** least***** 1,000,000 Borrow the balance from local banks under the temporary loan provision' of the City Charter, or borrow from the Employees Retirement 5ystem***..o,to balance**** 2tO00,O00 ~5,000,000 To go on, we should inform the School Board immediately to decide which buildings of their proposed building program are most urgent, and to locate these buildings on sites, mad authorize architects to begin the plans, The first $2 million of the school needs will be paid from the 2~ sales tax levy in 1966-67. The balance will be paid as we go Finally, the capital improvements program which me will get from the City Planning Commission should be studied by the Council and adopted as the Council sees fit. The most pressing needs should be begun as soon as the school program is completed. On the other hand, if Council wishes to become even m~re progres- sive than a pay-as-you-go program, I will support a bond issue for al_Il.ur capital needs. ! believe pay-as-you-go is cheaper, because interest and financing charges are saved, but I am perfectly willing to commit the City to an ambitious capital improvements good life in Roanoke beginning now, and this is the time. Respa*tinily. 5/ Murray A. St*Ilar Murray A. St*lief" After a discussion of the matter, Mr, Garland moved that the proposal of Mr. St*il.r, as well as the q~estion of the levying of a local sales tax by both the City Of Roanoke and the County of Roan*he. be referred to o committee composed of Messrs. James E. Jones, Chairman,' Vincent So ~heeler and Clarence E. Pond for study, report and recommendation to Council, The motion was seconded by Mr. ~heeler and adopted, Mayor Dillard Voting no. BUDGET-PARKS AND PLAYGROUNDS-CABBAGE REMOVAL: Mr. ~heeler, Chairman of the Incinerator Committee, advised Council that it will be necessary to acquire additional land for the East Gate Sanitary Landfill and offered the following Resolution directing the Budget Commission to include the sum of $40,000 in the proposed 1965-66 budget for this purpose: (=16399) d RESOLUTION relating to the Cltyts purchase of certain additional land, to be provided for in the 1965066 Budget. (For fall text of Resolution, see Resolution Book No. 28, page 149.) Rt. [heeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: 4~.8 AYES: #essrs. Garlnld. Jones, Pollard. ~onde Stollere Uheeler and Ma;or Dillsrd ...........~ ....... ~ ..... 7, NAYS: None ..................O, OR motion of Mr. Nheeler. seconded by Hr. Pollard and unanimously adopted, the meeting mas adJourned. ATTEST: . [ Gity Clerk APPROVED Mayor 449 COUNCIL, SPECIAL MEETING, Nedaesday, April 21, 1965. The Council of the City of Roanoke met in special meeting in the auditoriu at the Clty*s Health Center, Medeesday, April 21, 1965, at 7:30 pom** for the purpose of holding a public hearing on the proposal recommended by the Roanoke City Planning Commission that an Ordinance be adopted amending fa its entirety Chapter · 4, of Title IV, ~f The Code of the City of Roanoke, 1956, es presently amended, relating to Zoning, thereby amending, supplementing, changing or modifying nil of the regulations, restrictions, boundaries and districts provided for in said chaptez or shown on the Zoning Plan referred to in Section I of said chapter. PRESENT: Councilmen Robert A. Garland, James E. Jones, Roy Re Pollard, St,, Vincent S. Mheeler nod Mayor Henton O. Dillard ............................ ABSENT: Councilman Clarence E, Pond ................................ l. OFFICFnS PRESENT: Mr. Arthur S. Owens, City Nanager, and Mr. James N. Klocanon, Assistant City Attorney. ZONING: Council having previously set a public hearing for 7:30 p.m., April 21. 1965. on the proposal recommended by the Roanoke City Planning Commission that an Ordinance be adopted amending in its entirety Chapter 4. of Title X¥. of The Code of the City of Roanoke, 1956. as presently amended, relating to Zoning, thereby amending, supplementing, changing or modifying all of the regulations. restrictions, boundaries and districts provided for in said chapter or shown on the Zoning Plan referred to in Section 1 of said chapter, the matter was before the body. Mr. Henry B. Boynton, Chairman, City Planning Commission, introduced Merner i. Sensbach, Director of City Planning, who reviewed the proposed Zoning Ordinance and plan showing charts to illustrate restrictions, boundaries and districts. ar. Richard R. Quickt representing the Roanohe Valley Board of Realtors, appeared before Council voicing opposition to the low density use of land par- ticularly in Section 130003, General Residential District - RG-I, RG-2. recommendin that four districts be established onder General Residential as follows: We propose four (4) R. G. districts with a distinction between efficiency units, 1, 2, and 3 bedroom units without any minimum lot size. We feel that SO~ lot coverage by the building and one parking space per unit anywhere on the lot is completely adequate. These requirements will control the height and number of units. Efficiency I BR. '2 BRo 3 BR. R;G.-I 1,000 * 1,250 1,500 R.G.-2 500 750 1,000 1,250 R,G.-3 250 500 TSO 1,000 R.G.-4 125 250 500 ?50 lot coverage Parking anywhere on lot - I space per dwelling unit No minimum lot size 45O Side yard aid back yard same as proposed ordinance. Front setback to be the average or existing buildings on either side of site. H.G.-l, 2, 3, 4 use should be peraitted in Hr. Oaick opposing r~ulutloes set ap in Section 140.10, High-rise apart- discretion of 'th~ Planning Coamis~ion, expressed the b~lier that the Ordinance should permit 50~ lot coverage and require one parking space per unit in OFfice and Institutional Districts C-I and G-2, and 70'~ lot coverage~nd require two parhlng spaces For every three units in'Office and Institutional Districts C-3 and C-4. Hr. #nary L. Strauss~ representing ~he Roanohe Valley'Home Huilders Association, appeared in Opposition to Section 150.03, Nonconforming Lots of Record expressing the belief that it is too restrictive and should be resolved by the Real £state peopl~ and t h'e Planning Comais~lon. Hr. Strauss appearing in opposition to Section l~Ot District Regulations for Single Family Residential Districts - RS-I, RS-2. and RS-3, feels that two- car parhing 'is needed for a 90-fo~t lot but that only one space should be required for a 60-foot lot. Hr. Strauss stating they had no objections to Section 130o02, Duplex Residential District, mith one exception in ehicb he feels that whe~ the character of the neighborhood bas been established and that a lot width Is 60 feet and area is 70000 square feet l~ should not be necessary to 'redistrict a lot to a eidth of ?0 f~et and area of 9,000 square feet to build a d~plex. Hr. Strauss opposing re§alations as set ap in Section 130.0~. Office and Institution C-l. expre'ssed the fact that a two-foot set back from the rear of property would be sufficient instead of six feet, that parring should be permitted iu front yards, 'that one space for each occupant of 'the building is to5 restrictive and that parking should be on a square footage of the building rather than' location. Speaking in'opposition to Section 130.07, Central Business District Expansion Area - C-4, regarding maximum lot coverage for all buildings, Mr. Strauss explained that 60~ use of the land was too restrictlYe and that 100~ lbt coverage should be permitted with some parking space. Mr'. John' L. Thompson appeared la behalf of Mr~ Joseph Angell, 2210 Brandos Avenue, S. W., in opposition to the spot zoning of a parcel of land located on the northwest corner of Carter Road and Hrandon A,vea~e, S, Wo, described us Lots 42 and 43, Raleigh Court, Official Tax Nos. 1530752 and 1530751, to General Commercial District - C-2. Mr. T. L. Plunkett, Chairman, Roanoke Bar Association Committee, studying the proposed Zoning Ordinance, advised that the Committee feels the Ordinance has exceptional v~lue as shown' but mould like to appear at a later date wheh their study is completed os there are some contradictions and lnconsistencies~ Hr. N. Coartney King, Sr., representing property owners with property fronting on Melrose Avenue between ~est Side Boulevard and Roanoke Salem Plaza, requested to be heard at a later date. 451 Hr. L. D. Evins. 2803 Roodlawn Avenue. S. W.. requested thor the Grnadin Cater area he given nn opportunity to be heard it a hearing set up for Cb,m. Mre #orion Honeymau. representing owners of property on Shenandoah Avenue. M. ~.. and in the downtown urea. requested that be be heard when these areas are discussed. Hr. David K. LJsk. 909 Corrington Avenuet S. R.. expressed a desire to be heard in connection with zoning in his section. Hessrs. Claude D. Carter and Clifford A. Roodrum. III. asked to be heard When properties in the HallOas Road area mere discussed. #F. Arthur #. Levin expressing his interest in the Z4DO and 2500 blocks of Center Avenue. M. R.. requested permission to be heard in this connection. Mr. A. J. Naokley expressed a desire to be heard in connection with the ~onlng o! his property on Thurston Avenue. N. £.. Courtland Road. Melrose Avenue Mr. Ralter R. Rood. representing property owners on Orange Avenue west of the YRCA and Franklin Road. S. N** east of Roan*be River. asked to be beard in Mr. Jack M. Goodykoontz of the Roanoke Chamber of Commerce Zoning Ordinanc Committee expressing the opinion it is a good Ordinance which needs further study and work, advised that in working with the industry groups Of the Norfolk and Western gailaay Company and Appalachian Power Company, they felt it Is a new concept in zoning industry by performance but they do not believe it to be detrimental, and that Downtown Roanoke thinks it mill be an improvement to our city, that it is an excellent Ordinance and feasible. Mr. William S. Haupt, President, Mestwood - HOlm,ut Farms Civic League, requested to be heard when the area bordering on Shenandoah Avenue to the north. Luckett Street to the west. Thirtieth Street to the east and the Norfolk and Western Railway Company property to the south, known as the "Old Trout Place," is reviened. Mrs, John J. Collins, Jr., of 2832 Montvale Read, S. M., spoke in opposition to the zoning of her section as Duplex Residential District - RD. Mr. Morner K. Sensbach, Director Of City Planning, explained that the zoning was established as Duplex Res'id,areal District - RD to freeze further development along these lines but at the same time permit those desiring to convert to a duplex to be able to do so. Mr. Nil]Jam Lewis Rossi*, 2808 Montvale Road, S. W., spoke in opposition to the zoning Of the are* to Duplex Residential District - RD. Mr. T. C. Scott of 2806 Moodlown Avenue, S. R** also spoke in opposition to the zoning of the 6eandin Court area to Duplex Residential District - RD. Mr. John O. Carr, Attorney, one of the executors and trustees of the P. C. Huff estate, requested to be heard in connection with the zoning of the P. C. Huff farm area to Industrial Development District - IDR. '452 Nr, MlllJo M. Anderson, representing e group of sign mseuructurero business signs sod outdoor signs. OR motion or HF, Stoller, secouded by Mr. Nheeler und uoooimou$1y udopted, the specisl meeting mus coutiaued, sod Noy 3. 1965, nt 7:30 p.m., in the oodJtoriom st the City's Heulth Center set for residents of the Gruudin Court oreo to present their opp~sition'to the Zoning Ordiusnc~. APPROVED ATT E ~'~: Clert Msyor '453 COUNCIL. REGULAR MEETINg. ~oadoy. April 26. 1965o The Council of ~he City of Roanoke wet in. regular wee,lng in the Council Chamber in the Municipal Dullding. Monday. April 26,.1965, at 2 p.w.. the regular wee,lag hour. with Mayor Dillard presiding. PRESENT: Councilmen Robert A. Oar/and. Janes E. Jones. Roy R. Pollard. St.. Clarence R. Pond. Murray A. Stoller. Vincent S. Rheeler and Mayor Denton O. Dlllord ............................ ~-?. ADSENT: None ................O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. James N. Rlncanon, Assistant. City Attorney, and Mr, J, Robert Thomas. City Auditor. INVOCATION: The meeting was opened mith a prayer by the Reverend F. D. Moyer. Pastor. Milliamson Road Church of the Drethren. MINUTES: Copy of the minutes of the regular meeting held on Monday. April 5, 1965, having been furnished each member of Council, on motion of Mr. Stoller. seconded by Mr. Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. DEARING OF CITIZBNS DPO~ PUBLIC MATTERS: SE~ERS AN~ STORM DRAINS: Council. acting as a committee of the whole, having previously set a public hearing for 2 p.m,, Monday. Apri) 26. 1965, on the apportionment of costs and estimated amounts of assessments on abutting property owners in connection ~ith the'construction of an 8-inch sanitary sewer main to serve portions of Rnbyn Ro~d, Mright Road, Colonial Avenue and Cram.on Avenue, $. the matter was before the body° Mr. Richard E. Donin complained that the amount prgpnsed to be assessed against the abutting landowners is two or three t~mes hioher than is'usual for sewer projects, that he fails to see why the residents of Wright Road should be reqaired to bear a portion of the cost of construct~n9 a sewer mai~ in Colonial Avenue since residents of Roanohe County will benefit from the sewer line at the expense of present city residents if that portion of Colonial Avenue in the county is annexed to the city ia the,near future and that nnder the circumstances he feels the city should bear a greater portion of the total cost of the project, The City Manager explained that the total cost if the sewer project is higher than usual because of the coatour~of the,~and involved and the necessity for acquiring easements, that it is necessary to construct a sewer ~nin in Colonial Avenue in order to serve resident~ of Robyn Road, the west side of Wright Road and a portion of Col;nial Avenue and that the abutting property owners are required to pay one-half of the total cost of sewer projects under state lawo Also objecting to the cost of the proposed amount of the assessments were Mr. Ray E, Miles and MFS. Norman H. Burns. 454 mr. L. K. aulloch complained that a sewer line is to be constructed et the rear of his property, as well as fa front of his property, and that he mill have to pay for both lines. Mr. R. Cie,us Broyleso Director or Public Harks. explained that the proposed assessment against Hr.. Bulloch la based on one sewer line. Hr. Thomas L. Hutsun staled that the frontage of his property is 57.54 feet and complained %hut the proposed assessment against his lot is based on · frontage of 90 feet. Hr, William F, Clark, City Engineer, explained that the rear of the lot is much wider than the front of the property and the front footage was adjusted accordingly. Everyone having been given an opportunity to be heard. Hr. Stoller moved that the apportionment of costs and estimated amounts of assessments on the abut,in property owners be approved au advertised. The motion was seconded by Hr. Wheeler and unanimously adopted. The committee of the whole then submitted the folloming report to Council: 'Roanoke, ¥1rgtnia April 26, 1965. The Council of the City of Roanoke. The undersigned committee, appointed by Ordinance No. 15272 and directed to ascertain and report to the Council, after proper public hearing, the proper apportionment and assessment of the total cost of the aforesaid public improvement, reports the following: The undersigned committee Caused a notice of its public hearing to be published in a local newspaper on April 9, 1965, and April 16, 1965, the pablisher*s certificate of said publtca= tiaa, together with a copy of the notice so published being attached to this report, marked 'Exhibit Thereafter, and at the time and place appointed in said notice, your committee met and conducted a public hearing as provided by Article 2, Chapter 20. Title 15 of the Code of Virginia as amended for the purpose of ascertaining and reporting to the Council the proper assessment or apportionment of the total cost of such improvement between the City and the landowners abutting on and served by said improvement, affording to each and every landowner appearing or being represented at said hearing an opportunity to show cause if any they could, against such assess- ment or apportionment. Whereafter, and said committee having estimated the total cost of the construction of the public sewer lines to serve the proper- ties abutting Robyn Road, Wright Road and a portion of Colonial Avenue and Creston Avenue. S. W.. set out in Ordinance ~o. 15272 aforesaid, and having apportioned the total estimated cost of said sewer project between the City and the property onners capable of being served by said public improvement, have further ascertained and do hereby report upon *Enclosure A' attached to and made a part of this report, the estimated amounts of the individual assessments to be made upon each of the properties abutting on 455 Wherefore, your couaittee respectfully reconleads that the Council, by Ordlesuce, provide rot the docketing lo the Clerkes Office of the Hittings Court of the City of Rosloke, st provided by lox, of se obstrtct of Council's said Ordinsnce satkorlniag such ~loproveoeai and shaming the ouaership sad locitioa of the properties to be affected by the Juprorement and estiosted Bagels thst will be assessed sgslnst or spportioned to each lsndooner sffected by said ioproveuelt, the slue to be indexed in the name of the respective goners of said properties. S/ Benton O, Dillard Benton O. Dillard. Chslrnin, S! Robert A. Garland Robert A. GIrllnd. S! James E, Jones Janes E. Jones, S/ Roy R, Pollard, Roy R. Pollard. Sr., S~ Clarence E, Pond Clarence E. Pond. S/ Murray A. Stoller Murray A. Stoller. S! Vincent S, Mheeler Vincent S. Wheeler.' Mr. Stoller moved that Council concur in the recommendation of the committee and offered the folloxing emergency Ordinance: (~16399) AN ORDINANCE relating to the construction of the public sanitary sewer mains and laterals to serve certain properties abutting the same On portions of Robyu Road. Wright Road. Colonial Avenue and Creston Avenue. 5. heretofore authorized to be made by Ordinance No. 15272 and Ordinance No. 16364. one-half (1/2) of the total cost of uhtch is to be assessed against abutting lludouners to be served by said improvement; fixing the estimated amounts of the assessments to be made against said abutting landoMners; providing for the docketing of an abstract of this ordinance and of the individual assessments against each said abutting landowner in the Clerk*s Office of the Hustings Court of the City of Roanoke; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 28. page 153.) Hr. S~ller moved the adoption of the Ordinance. The motion was seconded by ir. #heeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. Stoller. Wheeler and MI,or Dillard .................................. NAYS: None ..........................O. PETITIONS AND CORMUNICATIONS: SEWERS AND STORM gRAINS: A communication from Rt. W. Earl Powers, 1920 Carvln Street. N. E.. requesting that the drainage problem on Carvin Street be corrected, was before Council. On motion of Mr. Stoller. seconded by Mr. Wheeler end unanimously adopted. the matter nas referred to the City Minager for study, report and recommendation to Council. '456 REFUNDS AND REBATES-LICENSES~ A communication from the Dr. Pepper Bottling Company, requesting them it be gra~ted · re~und or $59.40'for 1965 city tags purchased in errorror three truths uhlch are located in Covington, Virginia, before Council. Mr. Smaller moved that Council concur Ja the request and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by #r. #heeler and unanimously adopted. BUDGET-ELECTIONS: -A communication from tbe Roanohe City Electoral Board, requesting that~$14000 he'transferred from the Judges and Clerks account to the Extra Help account under Section ~132, "Electoral Hoard," of the 1965 budget, as · result of changing of the records in the office of the Registrar to integrate both plates and cards to comply mJtb the federal law mhJch became effective December 31. 1964o mas before Council. Mr. Smaller moved tb~t Council concur in the request and offered the follouing emergency Ordinance transferring $1,000 from Fees for Professional and Special Services to Personal Services: (=16400) AN ORDINANCE to amend and reordain Section ~132, "E~eetoral Hoard." of the 1965 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 28. page 155.) Mr. Stoller moved the adoption of the Ordinance. The motion ~as seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Pond. Smaller. Nheeler and Mayor Dillard .............................. ?- NAYS: None ......................O. REPORTS OF OFFICERS: STREET LIDHTS: Council having referred to the City Manager for study, report and recommendation a petition signed by seventeen residents of Fairway Drive, S. M., requesting that a street light be installed at the intersection of Fairmay Drive and York Road, and o petition signed by eight residents Of Fairway Drive and York Road, opposing the street light, the City Manager subui~ted a mritte report, advising that he ia of the opinion the light should be placed in feint'lan to its public necessity and recommendin9 that a street light be installed at the intersection of Fairway Drive and York Road. In this connection, Mr. ~ack T. Mitchell appeared before Council in opposition to the street light on the grounds that it will shine on the porches and in the windows o~ homes in the immediate vicinity of F~irway Drive and York Road. Mr. John C. Tucker appeared before Council in favor of the street light on the grounds that the first block of Fairway Drive is f~irly dark at night and presents a very dangerous situation for women and others catching the bus at this corner, that it Mould help single Out some of the traffic violators ~ho are using 457 the street ua u rsceuaT, that it mould discourage the throning or pop bottles arab automobile windows into the street and that it might prevent further break-in atteopts in the neighborhood. Mr. Pollard moved that action on the matter be deferred until the next regular oeetlug of Council so that the members or Council may bsve ua opportunity to visit the neighborhood for the purpose of determining whether or But · street light ia needed at the intersection from the standpoint of public safety. The motion moa neconded by Mr. Stolier and unanimously adopted. BUDGET-COMMISSIONER OF THE REVENUE: The City Manager submitted a mrittea report, transmitting u request of the Commissioner of the Revenue that $10O be appropriated to Maintenance of Machinery and Equipment under Section ~5, *Commis- sioner of Revenue.' of the 1965 budget, subject to the approval of the State Compensation Board. Mr. Pollard moved that Council concur in the request and offered the following emergency Ordinance: (316401) AN ORDINANCE to amend and reordain Section aS, *Commissioner of Revenue,' of the 1965 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28. page 1bb.) Mr, Pollard moved the adoption of the Ordinance. The motion mas seconded by Ur. Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard .................................. NAYS: None ..........................O. BUDGET-CIRCUIT COURT-LAN AND CHANCERY COURT: Council having requested tho City Manager to furnish an estimate of the cost of furnishing aru9 and o typewriter cabinet for the office of the Judge of the Circuit Court nnd the Judge of the Lax and Chancery Court, the City Manager submitted a mritten report, advising that the total cost Of suspended ceilings, carpeting, draperies, venetian blinds and one cabinet is $4,120. Mr. Stoller moved that the Budget Commission be requested to include $4,120 in the 1965-66 budget for this purpose. The motion was seconded by Mr. Pond and unanimously adopted. BUDGET-PAy [~.AN: The City Manager submitted the following report. recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: "Roanoke, Virginia April 26. 1965 To the City Council Roanoke, Virginia Gentlemen: Tho following personnel are needed for the efficient operation of the City: Maintenance of City Property: I Maintenance Laborer Group 9, Step I 4§8 Street iepuir: I Streel Creu Helper Group 9, Step 1 Seuer Maintenance: I Street Creu Helper Group 9, Step I Seuer Construction: I Street Crew Helper Group 9. Step l City Attorney: Secretary II Respectfully submitted, S/ Arthur S, Omens o City Manager' Mr. Pollard 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. Stoller and unanimously adopted. PURCHASE OF PROPERTY-AIRPORT: The City Manager submitted the following report, expressing the opinion that the city mast arrive ut a decision ns to whether or not it desires to purchase a strip of land omned by the Ninlnger Estate on Route 118, adjacent to Roanoke Municipal (Woodrum) Airport, for future use under the Master Plan for the Airport: "Roanoke, Virginia April 26, 1965 To the City Council Roanoke, Virginia Iucluded iu our Master Plau at the airport Is o strip of land o~ned by the R. C. Nininuer estate which is on Route 118, adjacent to the Roanoke Municipal Airport. The County, in a spirit of cooperation math the City. has refused to rezone this area because of the City*s desire to acquire the land. I think that we east attire et e decision; therefore, I an bringing it to you for disposition. part Of our Master Plan, that hey would include this in future projects; honorer, tf we plan having this accomplished, the laud of the land could be effectuated. this property, us I think if the property onner wants to rezone Respectfully submitted. S/ Arthur S. O~efls City Manager" Iu this connecgon, Mr. H. £1etus Broyles, Director of Public Works, explained that present plans do not call for acquisition of the Nininger property under an FAA project until the fiscal year 1966-67; however, it is possible for the city to purchase the land nam at its appraised value al $22,500 and apply for expressing the opinion that if Council mashes to purchase the strip of land now before it is developed and acquisition cost multiplies this appears to be 8 possible solution. 459 Mr, Pollard moved that Conncli concur ia the report of the City Manager nnd that the strip of land not be pornhnsed at this time, The motion mas seconded by Mr, Jones and adopted, Hr, Stoller voting.no. REFUNI~3 AND REBATES-LICENSES: Council having referred to the City Manager for study and report a request of the Valley Roofing Corporation that it be refunded $25.20 for a J965 city tn9 purcbused through error, the City Manager submitted a uritten report, advising that the tag mas never used and recommending that the refund be mlde. Mr. Pollard moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (z16402) A RESOLUTION authorizing and directing refund of a $25.20 1965 truck license tax to Valley Roofing Corporation. (For full text of Resolution, see Resolution Book NO. 20, page 156.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: Mayor Dillard ........................ r ........ ?. NAYS: None ........................ REFUNDS AND REBATES-LICENSES: Council having referred to the City Manager for study and report a request of Hr. Jack E, Roland, Sr., that he be refunded $3,50 for a 1965 city tag purchased in error, the City Manager submitted a written report, advising that the tag was never used and recommending that the refund be made, Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following. Resolution: (u16403) A RESOLUTION authorizing and directing refund of a 1965 $3.50 boat trailer license tax to Mr, Jack E. Doland, Sr. (For full text of Resolution, see Resolution Book No. 28, pa9e 157.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded bi Mr, Pond and adopted by ther following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Rheeler and Mayor Dillard ................................ ?. NAYS: None ......................... O. SEWERS AND STORM DRAINS: Council having referred to the City Manager for study and report a petition signed by fifty-six residents Of the 700 and 800 blocks of Thirtieth Streeti N. W., requesting that a drainage problem in the area be corrected, the City Manager submitted a written report, advising that the area is on a list of projects requiring field moth before a determination of a solution and cost estimate cnn be proposed and that at a later date an appropriate recommendation and report will be made. On motion of Mr. Stoller, seconded by Mr. Wheeler and unanimously adopted, the report was filed. 460 adopted, the reports were filed. CITY AUDITOR: The City Auditor submitted a financial report, of the City of Roanoke for the month of March, 196S. On motion of Mr. #heeler, seconded by Hr. pond and unanimously adopted, the report mas filed. ZONIh6: Council having referred to the City Planning Commission for study, report and recommendation a request of Mr. W. J. Crisp that property located on the north side of Berkley Avenue, S. W** betueen Burks Street and Edgewood Street, described as Lots?=ll, inclusive, Block F, Virginia Heights Extension, Official Tax Nos. 1510407, 1510406, 1510405, 1510404 and 1510403, be rezoned from Special Residence District to Light Industrial District, the City Planning Commission submitted a written report, recommending that the request be granted. Mr. 5toller moved that a public hearing on the matter be held. at 7:30 p.m., June 7, 1965. The motion was seconded by Mr. Wheeler and unmnimously adopted. SCHOOLS: Council having referred the question of conveying a 35-more tract of land on the west side of Colonial Avenue, S. No, to the University of Virginia for use of the Roanoke Center of the University of Virginia to the City Planning Commission for study, report and recommendation, the City Planning Commission submitted the following report, r~commending that the tract of land be conveyed to the University of Ylrginia for this purpose: *April 22, 1965 The Honorable Benton O. Dillard, Mayor and Wembers of City Coanoll Roanoke, Virginia Gentlemen: At its regular meeting of April 21, 1965 the Planning Commission discussed the advisability of conveying 35 acres of City-owned land to the University of Virginia. It was learned that the University is planning to utilize this land to erect buildings, structures and facilities to serve the Roanoke Extension Division of the University of Virginia. After studying pertinent factors of land use, transportation and the proposals Of the land development plan, the Commission concluded that the proposed development and the conveyance Of land to the University of Virginia would be in the best interest Of the community. It Mas determined that the creation of an educational center in .this general looation would be consistent with the stated policies of the City of Roanoke to promote the cultural and physical gromth of the community. 461 The Plnnnlag Commission also studied o proposed delineation of land areas containing 35 acres and suggested that land should be provided ulth 1375 feet fronting on Colonial Aveuse comprising most of the former Pest house farm property, but retaining a strip of lend 110 feet aide extending along the southwestern boundary of the Fishburn Parh Elementary School. The exact interior boundaries of this land mill be established by n map prepared by the City Engineering Department. Very truly yours, SI Herner K. Sensbach Henry B. Boynton In this connection, a communication from Hr. Henry E. Thomas, Chairman of the Advisory Committee to the Roanoke Center, University of Virginia, advising that the 3S-acre tract of land approved by the City Planning Coomission is very satisfactory with the Advisory Committee, with the understanding that certain easements and installations, such as the water reservoir, ~111 have to be continued by the city, was before Council. With further reference to the matter, Council having appointed a commltt Composed of Hessrs. James E. Jones, Chairman, Clarence E. Pond and Hurray A. Smaller to determine the location of the 35-acre tract of land, Mr. Jonesstated that his committee mill submit its report before the conveyance is consummated. Mr. 5toiler them moved that the follouing Ordinance be placed upon its first reading: (a16404) AN ORDXNA~CR authorizing and directing the grant and conveyance of approximately 35 acres of land on the northwest side of Colonial Avenneo So W., to the Rector and Visitors of the University of Virginia, a body corporate, for educational purposes in the development of said University's RHEREAS, this Council heretofore, by Resolution No. 16132, expressed the CJty*s willingness to provide and convey to the University of Virginia certain of the city*s real estate provided that arrangements be made for the construction thereon of a certain new building, or buildings, for the use of said University*s HHEREAS. a tract of land containing approximate 35 acres, constituting a portion of the old City Farm, located on the northwest side of Colonial Avenue, said tract of land has been tentatively located and outlined on Plan No. 4915 entitled #Proposed Location of University of Virginia Roanoke Center", n copy of which plan is on file in the office of the City Clerk, which locution and proposed use have been approved and recommended by the City Planning Commission in writing to this Council; and WHEREAS, representatives of the University of Virginia have advised the City of their satisfaction with the aforesaid location and of their understanding that certain reservations need be made by the City relating to certain Of the Cfty*s mater Installations existing on said tract of lnnd. 462 THEREFORE, BE IT ORDAINED by the Council at the City of Roanoke that the proper City Offici~ls.~, ekd ~e ~ereby authorized and dlr~cted, for end OB bekalf of the City, to exScute~ seal end actaomledge the City*s deed of conveyance to the Rector and Visitors of the University of Virginia, a bedy.cor@or~te, mede upon nemJnnl consideration en~ nJtb co~ea~nts of special nerrenty, graatieg end coeveyiog unto said Rector and Visitors by on accurate metes and bounds description to bb fh~nlshed b~ the City Engineer after making o survey thereof that certain portion of the CJty*s former City Farm property located on the northuest side of Colonial Avenue, S. N., as shame on Plan No. 4gl5 on file in the office of the City Clerk, estimated to contain approximately 35 acres; said deed of conveyance to be prepared amd ~pproved by the City Attorney and to be node upon condition that a neu bgilding of at l?st 28,000 square feet, sufficient to care for the needs of the University of Virginia Roanoke Center os they non exist and to provide for Such needs for the immediate future be arranged to be built by said University or other public authority for the sole benefit of said Center mlthin five years from November 25, 1964. and said deed to contain, further, BE IT FURTHER ORDAINED that, upon full execution and acknomledgment of President of the University of Virginia, or to uhonsoever said President may direct. The motion mas seconded by Mr. Nheeler and ado~ted by the foll~ming vote: AYES: Messrs. Garland. Jones, Pollard. Pond, Stoller. Nheeler and Mayor Dillard ............................. ?. NAYS: None ..................... O. REPORTS OF COMMITTEES: SALE OF PROPERTy: The committee appointed to study a verbal offer of Mr. George Henry Goode for the purchase of Lot 11, Block 2, Nord Addition, submitted the following report: "Roanoke, ¥irgieia April 2~. To the City Council Roanoke, Virginia Gentlemen: At our meeting of April 12, 1965, you referred to us a Block 2, Word Addition, Official Tax No. 221170g, for $250. 463 Ir yOU concur Jo this recommendation, me suggest that Hr, Goode confer with the City Manager, concerning the necessary arrangements. Respectfully submitted, $/ Arthur S. Omens Arthur S. Owens Rasdolph G. ihittle S/ J. Robert Thomas J. Robert Thomas S~ Roy R. Pollard, Sr. Roy R. Pollard, Sr." Hr, Stoller 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. Pond and unanimously adopted. PARKS AND PLAYGROUNDS: The committee appointed to tabulate bids received on the construction of a park shelter in Golden Park submitted the follouing report: "April 22° 1965 To the City Council Roanoke. Virginia Reference: Golden Parh Shelter Gentlemen: Bids mere received and opened before Council at its regular meeting on Honday, April i9, ]965. AS can be seen by the accompanying tabulation, tmo (2) bids mere received with an apparent low bid of $13.T49 (alternate construction). The Council - appointed committee has met and reached th~ following conclusions. The bids received appear reasonable for the mork proposed. The plans and specifications called for a complete job, mhereas last year much time and money was expended by City forces in completing the basi~ sheltersas contracted; this work included such items as painting, lights, and utilities, all of which are included in this year's plans. These items added approximately $3000 to this year's bid prices. Other less significant changes were mode in the plans to improve the structure and decrease future maintenance costs, in light of a year's experience wi~ the existing shelters. Since $9000 is the sum appropriated for this shelter, the Committee does not feel that it can recommend award of a S/ Roy R. Pollard, Sr. S/ Arthur S. Omens S/ Rex T. ~itchell, Jr. 464 Artern discussion of the mutter. Council being of the opinion that the city. should proceed ulth the construction of n park shelter la Golden Pork. Mr. Jones moved thor the City Attorney be directed to prepare the proper measure accepting the proposal of Regional Construction Services. Incorporated. in the amount or $13.749. the brick fireplace and cannier to be deleted from the project. The motion mss seconded by #r. Stoller and unanimously adopted. CITY AUDITOR: The committee appointed to mahe · study of equipment needs o! the o;fJce of the City Auditor, submitted the rolloming report: #April 26. 1965 The floaorable Council of the City of Roanoke. Virginia Ge~tl~m~n: Pursuant to yonF direction me have studied the question of providing Bore efficient accounting equipment and facilities for the city and, as n result of our studies, present this It ia our considered opinion that the city should proceed touard n computer system as previously recommended to Council by the City Auditor. At present the Auditor has u commitment from the First National Exchange Bask to prepare the city's payrolls on its computers at a charge of $45.00 per boor. uhich is the cost to the bout for operation of its computer system. The estimated time for preparation of each payroll ia 2 hours and for the 24 payrolls each year the cost mould be $2,160.00. Office for payroll preparation during the preceding year. For programming the computer operation there ~Jll be an initial charge of $12.00 per hoar for the programmer's time. We are further of the opinion that the most economical approach to establishing a computer system is to program segments of the Mark from time to time by use Of available time on equipment ouned by others (service bureau basis) until such time as the city*s load mill Justify purchase OF rental Of its own system. Hater billings and real estate tax billings. Included in the present budget is $25,000.00 for purchase or rental of equipment for updating the accounting equipment in the City Auditor*s Office, ~hich amount ~ould be reduced by $15,000.O0 by adoption of this procedure. We recommend that Council approve this interim report. Respectfully submitted, S/ RobertA. Garland Robert A. Garland, Chairman Roy R. Pollard, ir. Roy R. Pollard. Sr. S/ Clarence E. Pood Clarence E, Pond S/ J. Robert Thomas J. Robert Thomas" 46§ I8 this Coasectloo, Hr. Sen C. Psyee, represeuting Pnyoe Dsta Processing Services, Iocorpor~ted, appeared before Council and slated thus his firm mould like the opportunity to bid on the future segmenls of the computer system, Afler n dJscussiou of the mutter, NFo Garland moved, that Council concur in the recouuendation of the coumlttee. The uolioa uss seconded by Hr. Pond ond unnaJmously adopted. ~NFIN/$NED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION ANO COSSID£RATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 163B4, rezouing properly located on lhe east side of Brembletou Avenue, So N.o between Brsndon Avenue and Oakwood Drive, described ns the soulherly 25 feel of Lot 4A, Block 1, Oak Hill, Official Tax No. 1260104, from Special Residence District to Ousiness District, having previously been before Council for its first reading, reed and laid over, wes again before the body. Mr. Sloller moved that action on lhe second reading of lhe Ordinance be de[erred until the next regular meeting o[ Council Jn order tbal the body might ascertain mbether or not u lease betmeen the onners of the property nad The Southland Corporation for a grocery and dairy products store of the architectural design described at the public henrin9 has been executed. The motion nan seconded bI Mr. Jones and unanimously adopted.. ZONING: Ordinance No. 16385, rezoning properly located on the northeast corner of Melrose Avenue and Eighteenth Street, N. N., described as Lot 9, alack $?, Melrose Land Company, Official Tax No. 2221S09, from Special Residence District to Business District, having previously been before Council for ils first reading. rend and laid over, mas again before the body, Rt. Wheeler offering the following for its second reading and final adoption: (~16385) 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. 28, page 149.) Mr. Wheeler moved the adoption of the Ordinance. Tbs motion was seconded by Mr. Pollard and adopted by the f ollowin9 vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St oiler, Nheeler end Mayor Dillard .................................. 7. NAYS: None ..........................O. STREETS AND ALLEYS: Ordinance No. 16391, conditionally vacating, discon- tinuing and closing a portion of Camps Alley and a portion of Rockviem Avenue, havir 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&$91) AN ORDINANCE conditionally vacating, discontinuing and closing that portion o[ Camps Alley (15 [eet wide) as shana on Of[icial Appraisal map Sheet 466 No, 302 iu the Office of the City Engineer for the. City of ioeweke, ¥frgfnle, from o point beginning st the southerly boundary of the setback line for Orange Avenue, N, E., provided by Ordinance No. 11447, adopted Ney 26, 1952, end es shown on Master Plan Map No, 3987, said point being 50 rent south or the center line of Orange Avenue os shown on sold Map, nad continuing in a southerly direction to the northerly side of McDnnell Avenue, N, E., which alley abuts, on the westerly side the property owned by American Motor Inns. Incorporated, official TeE No. 3024001, and which fe abutted ge the easterly side by the folio, Jog parcels: Official Tax Nos. 3020801, 3020803. 3020804, 3020605. 3020846, 3020847 ned 3020848; and peruanently vacating, discontinuing and closing, that portion of Rockview Avenue, which adjoins Cuups Alley end fens in a southeasterly direction e distance of 288.05 feet..end which abuts on the northeasterly side the following parcels of real estate: Official Tax Nos. 3020805. 3020806, 3020817 and 3020818, and on the southerly side Official Tax Nos. 3020046 and 3020049, ell within the City of Roanoke. ¥frgfnla. (For full text of Ordlunnce, see Ordinance Cook No. 20, page 149.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the follomlng vote: AYES: Messrs. GaFlando Jones. Pollard, Pond, Stoller, Nheeler and Mayor Dillard .............................. ?. NAYS: None ...................... O~ SALE OF PROP~RTY-S~REETS AND ALLEYS: Ordinance No. 16394, authorizing the conveyance to The Roanoke Country Club, Incorporated, of two parcels of land previously donated to the City of Roanoke by All Star Lanes from the rear of its property at 3439 Melrose Arenaa, ~. N., for street and municipal purposes, in exchange for a strip Of land On the east side of West Side Doulevard, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Smaller Offering the following for its second reading and final adoption: (z16394) AN ORDINANCE authorizing the conveyance to the Roanoke Country Club. Incorporated, of two parcels of land situate north of Melrose Avenue. ~. N.. designated aa Official Nos. 2660124 and 2660125. in consideration of the conveyance to the City of a strip of land approximately 1S feet wide and containing approximately 3640 square feet, situate on the east side of Nest Side Boulevard. (For full text of Ordinance, see Ordinance Book No. 28, page 152.) Mr. 3toller moved the adoption Of the Ordinance. The motion mas seconded hy Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard. Pond. Stoller. Nheeler and Mayor Dillard .............................. 7. NAYS: None ...................... O. BUDGET-PAy ELAN: Conncil having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in various 467 municipal departments since they are of ua emergency nature, be presented sume~ vbereupoa, Mr. Stoller offered the folloming Resolution: (~16405) A RESOLUTION uutborlziug the City Manager to employ corrals personnel. (For full tezt of Resolution, see Resolution Book No. 28, page 157.) Mt. Stellar eared the adoption of the Resolution. The motion eof seconded by Mr. Pond and adopted by the folloming vote: AYES: Messrs. Garlnnd. Jones, Pollard, Pond. Stoller. Mheeler and Ruyor Dillard .................................. 7. NAYS: N,ac .......................... O. MOTIONS AND MISCELLANEOUS BUSINESS: CITy GOYERNRENT: Mr. Jones stated that it is his understanding from the City Manager that the League of Nomen Voters of the Roanoke area has abandoned its sponsorship of Municipal Days because the work involved created too big a load for the organization. In this connection, the City Manager verbally recommended that Council designate one day as Runicipal Day. Rt. Jones moved that Council concur in the recommendation of the City Manager and offered the following Resolution designating May 26, 1965, as Municipal Day: (~16406) A RESOLUTION designating May 2R, 19bi. as "MUNICIPAL DAY* in the City of Roanoke. (For full text of Resolution, see Resolution Rook No. 26, page 158.) Mr. Jones moved the adoption of the Resolution. The motion mas seconded by Mr. Stol/er and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stoller, Wheeler and Mayor Dillard .................................. 7. NAYS: None ..........................0. POLICE DEPARTMENT: Mayor Dillard brought to the attention of Council the efficiency mith mhich Patrolman James Thomas Stamps arrested Mr. Robert Lee Askins in domntoun Roanoke on the night of April 21, 1965. hours after the Crossroads Roll branch of the Rank of Salem mas robbed. Mr. Pollard moved that Patrolman Stamps be commended for the manner in uhich he handled the arrest. The motion was seconded by Mr. Jones and unanimously adopted. CITY ATTORNEY: Mr. Randolph G. Mhittle. having tendered his resignation as City Attorney effective May d, 19bi, Mayor Dillard called for nominations to fill the pending vacancy. Mr. Pollard placed in nomination the name of James N. Kincanon. The nomination nas seconded by Mr. Pond. Mr. Stoller moved that the nominations he closed. The motion mas seconde~ 468 elected os City Attorney to fill the unexpired term of Hr. Randolph G. Whittle° reaJgeed, beginning Ray 5, 1965. and ending Septeuber 30. 1966. by the follonlng vote: FOR RE. KINCANON: Ressrs. Gsrlnnd, Jones. Pollsrd, Pond, SCalier. Rheeler smd Mayor Dillard .................. 7. Rt. Jones then moved tbst the question of the salary of the neu City Attorney be referred to n committee composed of Hayer Benton O. Dillard. Cbnirusn, #r. Vincent S. fheeler nnd Wt. Murrny A. Stol/er for study, report and receuuendution to Council. The motion nas seconded by Hr. Gnrlend nnd unanimously ndopted. On motion of Mr. Jones, seconded by Mr. Pond nnd unnnimously adopted. the meeting nns adjourned. APPROVED ATTEST: -'/ City Clerk Mayor 469 COUNCIL, REGULAR M~ETING, Monday, May 3.'1965. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, Nay 30 Ir§So at 7:30 p.m** with Mayor Olllard preaidimg. PRESENT: Councilmen Robert A. Garland, Janes E. Jones, Roy R. Pollard. Sro, Clarence £. Pond, Murray A. St*lief, Vincent S. Mheeler and Mayor Gem*on O. Oillard ................................?. ABSENT: None .................O. OFFICERS pRESENT: Mr. Arthur S. Owens, City Manager, Mr. James No Klncauon, Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend C. N. Mitchell, Pastor, Mountain Pass Baptist Church. CITY ATTORNEY: At the suggestion of Hr. Garland, a moment of silence was observed by those present in respect to Mr. Randolph G. Whittle, City Attorney. who passed away on May 2, 1965, MINUTES: Copy of the minutes of the regular meeting held on Monday, April 12, 1965, having been furnished each member of Council, on motion of Mr. St*lief, seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC HATTERS: ARMORIES: Pursuant to notice of advertisement for bids on an addition and alterations to the National Guard Armory, said proposals to be received by the City Clerk until 5:00 p.m., Monday, May 3, 1955, and to be opened at 7:30 p.m., before Council. Mayor Dillard asked if anyone had any questions about the adver- tisement, and no representative present raising any question, the Mayor instructed the City ClerR to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: Watts and Break*lit Incorporated $59,700 Valley Contractors Corporation 71,500 Regional Construction Services, Incorporated 71,980 Hodges Lumber Corporation . ~ - 72,000 Ingram Building and Supply Company, Incorporated 78,653 Mr, Stoller moved that the bids be referred to a committee composed of Messrs. Clarence E. Pond, Chairman, Arthur S. Owens, and Gu.ford B. Thompson for study, report and recommendation to Council, the City Attorney to, prepare the proper measure in accordance with the recommendation of the committee. The motion was seconded by Mr. Pollard and unanimously adopted. STREETS AND ALLEYS: Council having previously set a public hearing for 7:30 p.m., Monday. May 3, 1955, on,the request of Mr. Lewis D. Evans that an alley between Livingston Road and Boodlawn Avenue, 5. M., extending from Gean Street to Guilford Avenue, also. an alley extending from Livingston Road to the above alley, be vacated, discontinued and closed, the matter was before the body. 470 la this.connection, the following communication from the CSt7 Planning Comml~sJoo,.recomm~ndlug that the request be granted, was before Council: #March 2t 1965 The Honorable Benton O, Dillard, Mayor nad Members of City Conncil Eoac~he, Virginia Gentlemen: At its February.24, 1965 meeting the City Planning Commission csnsider~d the above nli~y closing request. Petitioners of this request whose property abuts snl~ alleys claimed that these unimproved alleys constitute t nuisance in that the~ accumulate trash and refuse and cannot be landscaped. Having duly made field inspection, the Planning Commission round that the above described alleys have no improvements, are not used for circulation and are apparently not needed as part of the municipal ~treet system.' The Planning Commission, therefore, reccmmends to cat! Council that the above alleys be vacated, discontinued and closed, the City retaining necessary easements needed for public utilities. Very truly yours, H/ Warner E. Sensbach for Henry B, Boynton Chairman' Council having appointed viewers in connection with the application, the viewers submitted a Wrirtten report, advising that they have viewed the alleys and are of the opinion that no inconvenience would result from vacating, discontinuing and closing same. Mr. Evans appeared before Council in support of his request. No one appearing in opposition to the closing of the alleys, Mr. Stoller moved that Council concur in the recomm~ndation of the City Planning Commission and that the following Ordinance be plac~d upon its /Jrst reading: (=16407) AH ORDINANCE permanently vacating, discontinuing and closing all those two certain alley? lying in the City of Roanoke, Virginia, and more particular] described as follows: (1) Lying between Livingston Road and ~oodlawn Avenue, S. parallel to Livingston Hand and extending from Gean Street to Guilford Avenue; and (2) 'Lying between Gean Street an~ Guilford Avenue, parallel to Gbilford Avenue, and extending from Livingston Road to the alle~ first above mentioned. WHEREAS, Lewis D. Evans 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 those two certain alleys above described, 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.Rgth day of March, 1965, to,view the prope£ty.and to report in writing whether in tbei~ up}nign any inconvenience would result from permanently vacating, discontinuing and closing said alleys; and 47! ~REREAS, it appears from the written report of said viewers riled with the City Clerk on April 12. 1965, t'hat no inconvenience mool~ resolt ~ftber ia any individual or to the public trow permanently vacating, discontinuing and closing said alleys; and NHEEEAS, Council at its meeting on February 15, 1965, had' referred an earlier petition' of Lowi's D, Evans and ethers to the City Plashing Com~lssioo', which Commission by its report dated ~arch 2, 1965, and filed with Council, recom- wended that th~ above d~scribed alleys be vncnted, discontinued and ~losed; and NHEREAS, a public hearing' was held on the question~before the Council at its regular meeting on Ray 3, 1965, after due and timely notice thereof published in The Roanoke ~orld-Newst at which hearing all parties' in interest and citizens were afforded an o~portunlty to be heard on the question; and ~IIEREAS, from all of the foregoing, the Council considers that no inconvenience uill result to any individual or to the public from permanently vacating, discontinuing and closing the alleys, as applied for by the petitioner, and that, accordingly, said alleys should be permanently closed, TUEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all those certain alleys, located in the City of Roanoke, Virginia, and described as follows: (1) Lying between Livingston Road and ~oodlamn Avenue, S, parallel to Livingston Road and extending from Dean Street to Guilford Avenue; and (2) Lying between Gean Street end Guilford Avenues parallel to Guilford Avenue, and extending from Livingston Road to the alley first above mentioned. be, and they hereby are. permanently vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke ~nd of the pnbli~ in and to the same be, and they hereby are, released insofar as the Council of the City of Roanoke ts empowered so to do, except that a public easement is hereby reserved for the maintenance, repair, replacement of any store drain, sewer or Water line, or any other municipal installation, if an/, now located in said alleys, HE IT FURTHER ORDAINED that the City £n~ineer be, and he hereby is, directed to mark 'p~rmanently vacatedu on said alleys on all maps and plats on file in his office on which said alleys are shown, referring to the book and page of O~dinances and Resolutions of the Council of the City of Roanoke wherein this ordinance shall be spread. BE I~'FURT~ER ORDAINED that the Clerk of the Council deliver to the Clerk of the ~ustings Court for the City of Roanoke. Yirginia, a certified copy of this ordinance in order'that the Clerk of said Court may make proper notation on all maps or pl~ts recorde~ ia his office upon which are shown said alleys, as provided by lam, and that, if so requested by any party in interest, he may record the same in the deed book In his office indexing the sa~e in the name of tb~ City of Roanoke aa grantor a~d in the ~ame of any party in interest who may request it as grantee. 472 The motion mos seconded by Mr. Wheeler and odopted by the folloulog vote: AYES: NesSrSo Gorloado Joaeaj Pollard, Pood, 5toller, Wheeler Bud Wsyor Dillard .......................... NAYS: None .................. O, ZONIhG: Council having previously set a public hearing for 7:30 p,m,j monday, Way 3, 1965, on the request of Wv. Norton Roseaberg, et 81,8 ihs* property located on the west side of Thirteenth Street, S, W., between Chapman Avenue and Campbell Avenue, described as the southern portion of Lots 1, 2 and 3, Rlock 16, West End and River View,Official Tax No. 1220211, be rezoned from Special Residence ~istrict to Business District, the matter mas before the body, In this connection, the following communication from the City Planning ;ommission, recommendin9 that the request for rezoning be granted, was before Council: "March 25, 1965 Tbe Bonorable Benton O. Dillard, Rayor and members of City Council Roanoke, Virginia Gentlemen: In its February 3. 1965 meeting the City Planning Commission considered the above rezoning request. The attorney representing the property owners stated that, while the front half of this property facing on Thirteenth Street has been zoned for business use, the rear portion of the same property had remained under Special Residence District. Considering the existing development of commercial and semi-public land uses in this area and the heavy traffic volume on Thirteenth Street, the City Planning Commission concluded that the proposed use of the property for commercial purposes would be feasible and not detrimental to residential structures in the area, The City Planning Commission therefore recommends to City Council to rezone part of Lots l, 2 and 3, BLock 16. West End and River View Map, from Special Residence to Business District. Very truly yours, S/ Henry D, Boynton/h Henry B. Boynton Chairman' Hr. Charles P. Alexander, Jr.. Attorney, representing the petitioners, appeared before Council in support of the request of his clients, Mr. Alexander advising that the owners of the property propose to sell the land to the owner of adjacent property at the northwest corner Of Campbell Avenue and Thirteenth Street, $. R., fur the expansion Of a car mash located thereon. No one appearing in opposition to the request for rezoning, Mr. Stoller moved that Council concur in the recommendation of the City Planning Commission and that the follo~in9 Ordinance be placed upon its first reading: (~16408) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. WHEREAS, application has been made to the Council of the ~ity of Roanoke have that certain property situated in the City of Roanoke, Virginia, being on th side of Thirteenth Street, S. R., approximately 77 feet north of the intersectlo 473 of Thirteenth Street and Campbell Avenue.' described us the south part of Lots 1. 2 usd 3. Block 16. West End end Rivervfem Map. Official Tax ~o. 12202110 n,d being approximately 50* x 90'. fez*ned from Special Residence District to HuslnesS District; aid MB~REAS. the City Planning Commission has recommended that the hereinaftel described land be rezoned from Special Residence District to Basitesa District; and MBEB£AS. notice required by Title XV. Chapter 4. Section 43. of The Code of the City of Roanoke. 1956. relating to Zoning. has been published in mThe Roanoke Rorld-Nems.' a nam*paper published .in the City of Roanoke. for the time required by said section; and MB£REAR. the hearing as provided for in said notice mas held on the 3rd day of May. 1965. at 7:30 p.m** before the Council of the City of Roanoke. at mhich hearing all parties in interest and citiaens mere given an opportunity to be heard both for and against the proposed rezoning; and WB£REAS. this Council. after considering the evidence presented, is Of the opinion that the hereinafter described land should be Fez*ned. THEREFORE, SE 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, lC56, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located at the intersection Of Thirteenth Street. S. W., and Campbell Avenue, So N., described as the south part Of Lota 1. 2, and 3. Block 16. d~signated on Sheet 122 of the Zoning Map as Official Tax No. 1220211, 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. Wheeler and adoptedby the foil*ming vote: AYES: Messrs. Garland. Jones. Pollard. Pond. St*lief. Mheeler and Mayor Dillard ......................... 7. NAYS: None .................. O. ,ZONING: Council having previously set a public hearing for 7:30 p.m., Monday, May 3, 1965. on the request of Mrs. Mary lkers Hilts that property located on the south side of Essex Avenue. N. W.. between Salem Turnpike and Twenty-second Street, described as Lot 4, Block 100, Melrose Land,Company, Official Tax No. 2322809, be Fez*ned from General Residence District to Light Industrial District, the matter was before the body. In this connection, the following communication from the City Planning Comlission, recommending that the request for fez*ming be 9ranted, was before Council: 'April 1, 1965 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, ¥trglnla Gentlemen: The Planning Commission considered this rezoning request during its regular meeting of March 24, 1965. It mas learned that this property is needed for the expansion of a light industrial use located on adjacent property. 474 After careful study of the urea, taking into account the proposed land use and zoning plan, as wel'l as the proposals for highmay improvements, the Planning Cnnnissioa concluded that the ~roposed re~oaing uoald constitete n l~oigal extension Of lfgkt fad*atrial ' use tad mould not he detrimental to surrounding p,roperty, Tie Planning Commission therefore recommends to City Council that this rezoning request be granted, Very truly S/ Henry B. Boynton/h Henry B. Doynt~n Chai.rman~' Mr. Frank N. Pe~kinson. Jro. Attorney. representing the petitioner. appeared before Council in support of the request of his client. No one oppearing in opposition to the request for rezoelng. Hr. Stoller moved that Council concur in the recommendation of the City Planning Commission and that the follomJng Ordinance he pieced upon its first reading: (~16409} AN ORDINANCE to amend and reenact Title X¥o Chapter 4. Section 1. of The. Code of the City of Roanoke. 19§6. in relation to Zoning. MHEREAS. application has been nad, to the Council of the City of Roanoke Salem Turnpike o~d Twenty-second Street. described as Lot 4t Dlock 100. Melrose Land Company. Official Tax No. 2522809. rezoned from General Residence District to Light Industrigl District; and ~EREAS..th~ City Planning Commission has recommended that the nar*inert described,lan~ be rezoned from General Residence District to Light Industrial District; and ~HEREAS, notice required by Title X¥, Chapter 4, Section 43, of The Code of the City of Roanoke. 19~6t relating to Zoning, has been published in 'The Roanoke · orld-NeMs," a newspaper publish.din 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 3rd day,of May, lg6$, at ?:30 p.n., 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 rezonlng; and MHEREAS, this,Council, after considering the evidence presented, is of tbq opinion that the hereinafter described land should be rezoned. THEREFORE. DE IT ORDAINED by the Council of the City of Roanoke that Title XV. Chapter 4. Section 1. of The Code of the City of Roanoke. 1956. relating to Zoning, be amended and reenacted in the following particular and no other, viz.~ Turnpike and T~enty-second Street. described as Lot 4, Dlock lOOt Melrose Land Company, designated on Sheet 232 of the Zo.ning Map as Official Tax NO. 2322809, be, and hereby is, changed from General Residence District to Light Industrial District and the Zoning Map shall be changed in this respect. 475 The,motion mis seconded by,Wr, Wheeler nad adopted by the foil*ming vote: AYES: Momars, Gorlnnd, Jones, Poliord, Pond, Stoller, Wheeler and Mayor Dlllnrd ...................... 7. NAYS: None ................O, ZONINO: Council having previously set n public hearln9 for 7:30 pomoo WOldCy. Way 3, 1965. on the request of Wr, ioy W, Pollard, Jr,. that property locnted on the north side of Melrose Avenne. N. W.. betneen Eighteenth Street and Nineteenth Street, described ns Lot 12. Block 66. Weir*se Land Company, Official Tnx Ho. 2322111, be fez*ned from Special Residence District to Rusiness Olstrict, the matter mas before the body. In this connection, the follcmln9 communication from the City Planning Commission, recommending that the request for fez*ming be granted, mas before Council: "April 1, 1965 , The Honorable Benton O, Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: In its regular meeting of March 2d, 1965 the Planning Commission considered this rezoning request, It was learned through a communication by Mr, Willis M, Anderson, attorney for the petitioner, that the property owner is planning to expand the existing commercial use on the adjacent site for uhich the rezoning is requested, It was noted that the map of the proposed zoning ordinance indicates commercial use for this property, After studying odditional maps and information, the Planning Commission concluded that the requested rezoning is in keeping with previous proposals of the Planning Commission and would not be detrimental to adjacent properties. The Planning Commission, therefore, suggests to City Council that the above rezoning request he granted. . Very truly yours, S! Henry B, Doynton/h Henry B. Boynton Chairman" Mr, Rillis M. Anderson, Attorney, representin9 the petitioner, appeared before Council in support of the request of his client. No one appearing in opposition to the request for rezoning, Mr. Stoller and that the following Ordinance be placed upon its first reading: (#16410) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1q56, in relation to Zoning, WHEREAS, application has been made to the Conncil of the City of Roanoke to have property located on the north side of Melrose Avenue. N, W.t between Eighteenth Street and Nineteenth Street, and designated as 1819 ielrose Avenue, N, W.. described as Lot 12, Block 66, Melrose Land Company, Official Tax No, 2322111. rezoned from Special Residence District to flnsiness District; and ~BEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from Special Residence District to Business District; and ~'476 MBRREAS, notice required by Tltle.XV, Chapter 4, Section 43, of The Code of the City of iooovke, 1956, relm~iug to Zoning, Lan been published, in 'The Mommoke Morld-Nems,' a oemspoper published in the City of MommOke, for the time required by said section; sad MHRRRAS, the heariug as provided for lo sold notice mas held nB the 3rd day of May, 1969, ot.?:30.p.m** before the Council of the City 9r Roanoke, a{ mhich hearing oil parties in interest cud citizens mere given an opportunity to be heard both for and.sgainst the proposed Fez, Ring{ and RRRRRAS, this Council, after considering the evidence pre~ented, is of the opinion that the hereinartnr described land should be rem, ned, THRRRFORR, BE IT ORDAISRD by the Council of ~he City cf Mcan,he that Title iV, Chapter 4, Section l, of ~be Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the following particolar and ua other, viz,: Property located on the north side of Melrose Avenue, N, M,, be,mean Eighteenth Street and Nineteenth Street, designated as 1819 Melrose Avenue, N. M., described as Lot 12, Block 66, Melrose Land Company, designated o~ Sheet 232 of the Zoning Map as Official Tam Wa. 2322111, be, and is hereby, changed from Special Residence District to Business District and the Zoning Map shall be changed ia this The motion mas seconded by Mr. Rheeler and adopted b~ the following vote: Dillard ................... ~ ........... 6. NAYS: None ............... O. (Mr, Pollard not voting) MASTER PLAN: Mc. Thomas A. Rotenberry, Vice Pre sideR,, Mcan,he Junior Chamber of Commerce, Incorporated, appeared befor~ Council and presented a report on the Community Attitude Survey conducted by the Jaycees. In a discussion of the matter, Mr. Rotenberry explained that the purpose of the survey was to ascertain, if possible, the attitude of the public both as to assets and liabilities of the City of Roanoke, that some of the things liked about Roanoke, according to the survey, ~re bus transportation, drainage, cleanlines and climate, that some of the things particularly disliked mere the lack of an auditorium-col{seum, drainage, inadequate housing and lighting on the streets, nad audltorium-coliseu'm, improvement of cultural activities, improvement Of drainage and improvement of em'ployment opportunities. Mr. Jones moved that the repo~t be ~eferred to a conmittee composed of Messrs. Arthur S, Omens, H. Cie,us Broyles, William F. Clark, J, Robert Thom~s, Benton O. Dillard and Janes E. Jones for its information in connection with the preparation of u Master Capital Improvement *Program for the City of Roanoke and that the Assistant City ~ttorney be directed to prepare ,'he proper measure caSsandRa the Roanoke Junior Chamber of Commerce for its splendid mark iu preparation 'of the report. ~he motion was seconded by Mr. Pond and onanimously adopted. 477 BUDGET-SCHOOLS: Council having, appropriated $900000 from the School Bond Fund rot the coastruotlon of m four-room addition to the Foirvleu Elementary Sohoolo Mr, Duncan C. Kennedy, Vice Chairman of the Roanoke City School Board, appeared before the bodye advising that the lowest bid received on the project mas $94,980, including $9.,401 for site development work not included in the original construction estimate of $B0,0000 that'the erchitectts fee in the amount of $6,000t equipment in the amount ~ $6,500 and contingencies in the amount of $1,000 total $13,500 as compared uith the original eatiaate, of.$10.O00, · total' increase of $18,480, that the School Board has approved the project end is requesting that Council appropriate the additional $18,480 from the School Bond Fund. Mr. Stoller moved that Council concur in the request of the Roanoke City School Board and offered the following emergency Ordinance appropriating an. additional $18.480 from the School Bond Fund: (a16411) AN ORDINANCE to amend and reordain Ordinance No. 162s1, adopted on the lit day of February, 1965, as amended by Ordinance No. 16284, adopted on the 15th day of February. 1965. relating to Section ~170, ~Cupital,~ of the 1965 Appropriation Ordinance; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28. page 161.) Mr. Stoller moved the adoption of the Ordinance, The motion mas seconded bI Hr. Mheeler and adopted by the following rote: AYES: messrs. Garland, Jones, pollard, Pond. Stoller, Mheeler and Mayor Dillard ........................-7. NAYS: None .................. O. Later during the meeting, Mr. M, H, Grant expressed the appreciation of the patrons of the Fairview Elementary School for the expeditious handling of providing sufficient funds for the four-room addition by Council, but questioned the excessive co~t oi the project as compared with similar projects in the county recently. Mr, Grant was informed that this is the beginning'of the busy season for contractors, consequently, it is difficult to obtain a favorable bid on n small project. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A petition signed by fire residents of Davenport Avenue and Garden City Boulevard, S. E,, requesting that a street light be installed at the dead end of Davenport Avenue, was before Council. On motion of Mr. Garland, seconded by Mr. Wheeler and unanimously adopted~ the request was referred to the City Manager for study, report and recommendation to REFUNDS AND REBATES-LICENSES: A communication from the Pet Milk Company- Dairy Division, requesting a refund of $79,20 for 1965 city tags purchased in error for five trucks which are stationed in Radford. was before Council. 478 Mr. Stoller moved that Council concur lc the reqcest and that the matter be referred to the Assistant City Attormey for preparation of the proper measure, The motion mas seconded by Mr, Pollard and unanimously adopted. SALE OF PROPERTY: A communication from Hr, Barry N, Llchtenstein, Attorney, representing Mr. Thomas Lee Batman, 3502 Robin Road, $. l,, offering to purchase that portion of c 29-acre tract of oRal-owned land adjacent to his property fronting 119.28 gent pc the must side ag Robin Road, $. N** and extending to · depth of 200 feet, at a price to be fixed by competent appraisers, nas before . Council. Mr. Garland moved that the offer be referred to a committee composed of NesSFSo Arthur 5. Owens, Chairman, Janes N. Eincacon, J. Robert Yhomas and Roy Pollard, Sr., and the City Planning Commission for study, report cod recommendation to Council. The motion was seconded by Mr. Stolier and unanimously adopted. · STADIUM~ The following communication from Messrs. Marvin E, Punch and John D. Moose, requesting permission to use Victory Stadium for the purpose of conducting weekly auto races, was before Council: · April 28, 1965 The Honorable Mayor Benton Dillard and Cocncilmen City Hall Roanoke, Virginia Pear Mayor Dillard and Me, Marvin Punch and John Moose, would like to submit the following proposal for your consideration regarding the use of Victory Stadium for the purpose of conductic9 weekly auto races: 1. RENTAL: Rental Of stadium to be 12~ of grandstand admissions after taxes, plus the keeping of concession profits. a, Of the 15 to ~0 events to be scheduled during the season me have the option of paying a ~aximum of $1,OOOo00 each for any two events. b, Above schedule of rent to include the cost of lights. water, cleaning of stadium premises, use of the public address system, and parking facilities, 2, OPERATXON: Ail expense of guard rail, wheel fence and track corner paving materials incurred will be paid by Marvin Punch and John Moose. a, Guard rail and fence to remain as our property, b. Adequate insurance to be provided at our cost. c. A curfew to be provided for operation hours and noise if warranted, Me hope that the above will meet ~ith your approval. Ne will be happy to assist in,answering qaestions and details. Respectively yours. Marvin Punch S/ John Moose John Moosen 479 lo this coon*caius issuer uny questl6as mhich might crime, porticulorly uith reference to noise Created by the cirs pu~ticiputlug in the rte*s, the petitioners explaining that the problem of noise hun been curtailed by recent Improvements to the stock cars. A comnuniection from Mr, Milliom H, Flonnagsus Director of'the'Roanoke Memorial Hospltai, obJecting to auto racing in Victory Stadium on behalf of the patients at the Roouoke Memorial Hospital, sas before Council, Mr, Floonagan advising that some years a~o uhen auto racing mas permitted at Victory Stadium it mas unbearable for the care and melfare of the patients, that they can tolerate noises of u short duration such on emanate from football gamesnnd the fair, but u steady and constant drone of automobiles is very nerve racking and upsetting to their mall being, After n lengthy discussion of the'matter, Hr, Stoller moved that Messrs. Robert A. Garland. Chairman, Roy R, Pollard, St,, and James £, Jones be appointed as a committee to'meet ~lth Messrs. Pinch and Moose in an attempt to ~ork out a satisfactory contract and to report hack to Council mith its recommendation. The motion was seconded by Mr. Garland and unanimously adopted. S~REETS AND ALLEYS: A ~etitlon 6r Mr. John L. Walkers Jr.. Attorneys representing Johnson-Carper Furniture Companys Incorporated. requesting that a portion of Mississippi Avenues N. E.. be permanently vacated, discontinued and closed, was before Council. On motion of Mr. Stoller. seconded by Mr. Wheeler and unanimously'adopted. the'request man'referred to the City Planning Commission for study, report and recommendation to Council. Mr. Stoller then offered the following Resolution appointing vi,mars in connection with the application: (o16412) A RESOLUTION providing for the appointment of five freeholders. any three of mhom Jay acts as viewers in cSnnectiSn with the application of Johns* Carper Furniture Company. Incorporated. to permanently vacate, discontinne and close all that portion of Mississippi Avenue, N. E., beginning at the point where Mississippi Avenue dead,sds at the Norfolk ~ Western Company Railway right of way and proceeding in an'easterly direction to a point where'the e~sterly line of Lot 23s Qoeensburg Heights, Intersects the southerly side of Mississippi Avenue and where tbe easterly line of Lot'la. Qu~ensburg Heights. intersects the northerly side of Mississippi Avenue. being a distance of 156 feet. more or less. (For lull text of Resolution. see ResOlntfon Book No. 28. page 161.) Mr. Stoller moved the ado~tlon of the Resolution. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs, Garlands Jones, Pollard, Pond, Stoller, Mbeeler and Mayor Dillard ............. --;- ......... 7. NAYS: None ................ 480 REPORTS OF OFFICERS: PAY PLAN: The Git, Me·*gar submitted · writte· report, traosmitting · prop*scl of the P·blic Adml·istr·tlo· Service dated July 29, 1964, to make · comprehe·slre review of the Pay Plan of the City of Roenoke for o sum not to exceed SY,O00, and recommended that he be ·uthorized to enter itt* · contract math the Public Administration Service l· eccordeace mltb its proposal, The City Manager verbally reporting that the Public Admiaistrotioa Service hem confirmed the written proposal by telephone, Mr. St*liar moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (s16413) AN ORDINANCE providing for the employment of Public Administra- tion Service tn make a comprehensive review of the Cltyts classification and compensation plans for personnel rules, and related matters, upon cart·in terms and provisions; end providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 280 page 163.) Mr. St*Ilar moved the adoption of the Ordinance. The motion mas seconded by Hr. Wheeler and adopted by the following vote: AYES: Restrs, Garland. Jones, Pollard, Pond, St*lief, Wheeler and Mayor Dillard ......................... NAYS: None ................. O, Mr. ~toller then offered the following emergency Ordinance appropriating the $?,000: (m16414) AN ORDINANCE to amend and reordeln Section ~14. NPersonnel," of the 1965 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, page 164.) Hr. St*lief moved the adoption of the Ordinance. The motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*lief, Wheeler and Mnyor Dillard ........................ NAYS: None .................. O. RECREATION DEPARTMENT-PARKS AND PlAYGROUNDS-SCHOOLS: Council at its meeting on March 23. 1964, having adopted Ordinance No. 15663, authorizing the City Manager to purchase a ?.83-acre tract of land surrounding the FAA Radio Range at Andrews Road end Nineteenth Street Extension. N. W** designated as Official Tax 2340103. at SO'~ of its appr·lsed value of $11,745, fOF park purposes, the City Manager submitted a written report, advising that the Federal Government has agreed to sell the land to the City of Roanoke for $4.900 upon certain terms and conditions and recommended that Ordinance NO. 15563 be modified accordingly. Mr. St*Ilar moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (z16415) AN ORDINANCE modifying Ordinance No. 15663 relating to the City*s acquisition of · ?.~3 acre tract of land from the Federal Government muFf*wading a former FAA Radio Range at Andrews Road and 19th Street Extension, N, W,; and providing for an emergency. (For full text of Ordinance. see OrdinanCe Book No, 28, page 164.) 481 #r. Smaller moved the adoptiom of the Ordinance. The motion mas seconded b! Mr. Nheeler and adopted by the following rote~ AVES: Yeasts. Garland, Jones,'Pollo~d, Pond, Smaller, Wheeler and Mayor Dillard ......................... ?. NAYS: None .................O. MF. Smaller then offered the following emergency Ordinance appropriating the $4,900: (n16416) AN OROINANCE to amend and reordain Section alTO, "Capital," of the 1q65 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 2B, page 166.) Mr. Stoiler moved the adoption of the Ordinance, The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messr$. Garlands Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: None-~--'- ............. O. BUDGET-PAY PLAN: The City Manager submitted tge following report, recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: *Roanoke, Virginia May 3, 1965 To the City Council Roanoke, Virginia Gentlemen: The following employees are needed for the efficient operation of the City: PARKS AND RECREATION - 1 Maintenance Laborer, Group 10 TRAFFIC AND COMMUNICATIONS - I Sign~lmaq II, Group 2, Step 2 STREET REPAIR - I Street Crem Helper - Group 9, Step 1 Respectfully submitted, 5/ Arthur Se Owens a City Manager* Mr. Stoller moved that Council 'concur in the Fecommendations of the City lounger and that the matter be referred to the Assistant City Attorney for pre,oration of the proper measure. The motion was seconded by Mr. Pollard and unanimously adopted, TAXICABS: The City Manager submitted a written report, transmitting u request of floP. W. Cab Company, Incorporated, for permission to operate four addillonal taxicabs along with the six taxicabs now in operation, and recommended that the request be granted. Mr. Stoller moved that Council concur in the recommendation of the City Manager and that the matter be referred to the Assistant City Attorney for ~reparation of the proper measnre~ The motion ma~ seconde~ by Mr. Wheeler and unanimously adopted. 482 PARIS AND PLAYGROURDS~ The City #manger submitted · written report, udrlslng that the concession staid;and dance hall in Rushington Park has detail*rate. amd Is of no further use to the city, also, that it is quite an eyesore to the purh and very unattractive, lad recommended that he be authorized to advertise far bfdc far the razing of the building. Mr, St*lieF moved that Council concur in the recommendation of the City Manager and that the mutter be referred to the Assistant City Attorney for prepara- tion of the proper measure. The motion mas seconded by Mr. Mheeler and unanimously adopted, SCHOOLS: Council at its meetla9 on March 29, 1965. having adopted Resolution Ho. 16361, providing for the participation of the City of Roanoke in certala programs, later to be developed, aider the Economic Opportunity Act of 1964 concurring in tho appointment of a committee to ·salsa in the development aid screening of the various programs, and providing for the administration of said programs by the Roanoke Valley Council of Community Services, the City Manager submitted a written rep*Fat recommending that the Total Action Against Poverty ia Roan*he Valley be designated to administer the programs. Mr. St*lieF moved that Council concur in the recommendation of the City Manager and that the matter be referred to the Assistant City Attorney for preparation of the proper measure. The notion was seconded by Mr. Jones and unanimously adopted. STATE HICHMAYS: Council having referred to the City Manager for study and report a request that a portion Of Virginia Route 116. especially Haunt Pleasant Buulevard, $. K.. be improved, the City Rana~er submitted a mritten report, advising that in bis opinion the Improvements outlined In the Major Arterial fligbNay Plan would cost a minimum of $325.00g, which could hardly be Justified ·t this time and that if Council decides to nahe any improvements on Route 116 Mithin the city limits at this time the project should be scheduled in the 1965-66 budget considera- tion as with existin9 commitments and already appropriated funds he cannot recommend any improvements now. After a discussion of the matter, Mr. Jones voicing the opinion that some improvement could be made to Virginia Route 116 by the city at this time and Mayor Dill~ expressing the belief that there is a tremendous need for the entire project now, Rt. Nheeler moved that Council concur in the report of the City Manager. The motion was seconded by Mr. Pollard and adopted. Mr. Jones and Mayor Dillard voting no. AUDITS-SC~'OOLS: The City Auditor submitted · w~ltten report on an examination of the records of the Lee Junior High School for the school year ending June 30, 1964, advising that all the records mere in order and the statement of receipts and disbursements reflects recorded transactions for the period and the financial condition of the fund, On motion cf Mr. St*lieF, seconded by Mr, Pollard and unanimously adopted. the report mas filed, 483 REPORYS OF COMMITTEES:' NONE, UKFINJSNRD ROSINESS: STREE! LIGHTS: Council having deferred action on · recommendation of the City Manager that a street light be installed at the intersection of Foirmay Drive and York Roado S. M.. in order that members of the body might visit the area for the purpose of deciding mhether or not the street light is needed from the stand- point of safety~ the matter was again before'Coennllo Mr. Pollard stated that he visited'the area. that he found the inters,erin In question is the only corner which has no street light, that It nas very dark and he is of the opinion the street light should be installed from the standpoint of safety, Rt. J~lllam H. Martin. 2301 Fairway Drive. S. M.. objected that the residents in the Immediate vicinity of the intersection are the ones mhd will be affected by the street light, that at the present time the neighborhood is peaceful end quiet, but it won't be that way if the street light is installed. Ir. J. Emmett Rlackwell, 2311 Fairway Drive, S. l., supported the Installation of the street light for reasons of safety stated at previous meetings of Council. After a further discussion of the matter. Mr. Pollard moved that Council Concur in the recommendation of the City Manager and offered the follomlng Resolution: (=16417) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light at the intersection of Fairway Drive and York (For full text of Resolution, see Resolution Rook No, 28, page 166.} Mr. Pollard moved the adoption of the Resolution. The motion was s'econde by Mr. Garland and'adopted by the'following vote:' AYES: Messrso Garland, Pollard, Pond and Stoller ...................... 4. NAYS: Mr. ~heeler and Mayor Dillard ................... a ............ 2, (Mr. Jones not voting) CONSIDERATION OF CLAIMS: NONE. I~TRODUCTIOB AND CONSIDERATION OF ORDINANCE5 AND RESOLUTIONS: ZONING:' Ordinance No. 16384, rezoning property located on the east side of Brambletcn Avenue, S. R.t between Brandon Avenue and Oakwood Dri've, described as the ~ootherly 25 feet of Lot 4A, Block 1, Oak Bill, Official Tax No. 1260104, from Special' Residence District 'to Business District, having previously been before Council /or its first reading, read and laid over, and the second reading of the Ordinance having been deferred in order that the body might ascertain mhether or not a lease between the owners Of the property and The 5oothland Corporation for a grocery and dairy products store of the architec'tural design described at the public hearing has been executed, the matter was again before Council. '484 In this connection. Mr. John fl. Kqoaett..Jrs. Attorney representing the ambers of the property, appeared berate Council and presented an executed copy or the lease. Mr. St,lief then offered the foil*ming Ordfmance for Its second reading and final adoption: (s16384) 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 Moor No. 20. page 1~.) Mr. St*liar moved the adoption of the Ordinance. The motion was seconded by Yr. Pond and adopted by the following vate~ AYES: Uessrs. Garland. Jones. Pollard. Pond. St*lief. Mheeler and Mayor Dillard .......................... 7, NAYS: None ..................O. SCHOOLS: Ordinance No. 16404. conveying a 35-acre tract of land on the west side of Colonial Avenue. S. M** to the University of Virginia for use of the Roanoke Center of the University of Virginia. having previously been before Uouncll for its first reading, read and laid over. was again before the body. Nr. Pond offering the following for its second reading and final adoption: (a16404) AN ORDINANCE authorizing and directing the grant and conveyance of approximately 35 acres of land on the northwest side of Colonial Avenue, S. to the Rector and Visitors of the University of Virginia, a body corporate, for educationa! purposes in the development of said University'$ Roanoke Center, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 2M, page 159.) Mr. Pond moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard. Pood, Stoller. Wheeler and Mayor Dillard ....................... 7. NAYS: None ................. O, WATER DEPARTMENT: Council having directed the City Attorney to prepa.re the proper measure authorizing the payment of $25,000 to Alvord. Burdick and Dawson Consulting Engineers, for professional services in connection with the preparation of plans and specifications for the Tinker Creek Diversion tunnel, the matter was before the body. In this connection, the City Manager verbally reported that the $25,000 covers professional services already rendered by Alvord, Burdick and Homson. having already been paid the firm for a preliminary report on the project, and submitted a communication from the consulting engineers, offering to pr*ride all engineering services necessary in connection with the construction of the project at a total estimated cost of $33,650, but not to exceed the sam of $35.000, the City Manager ~ecommendlng that the offer be accepted. 485 Mr. St*liar moved 'that C'ouocil co'mcat in' the reco~meodatio~ of tke City Nanoger and offered the following emergenc~ Ordinance nothorizingtbe City Manager to eater into on agreement mith Air*rd, Rnrdick and Bowson for nil n~cessnry engineering services ia connection with the ~onstruction of the Tinker Greek Diversion Project: (~16416) AN ORDINANCE authorizing the execution or on agreement with Air*rd, Rurdick ~ Roms*at EngineeYs, for engineering services in connection math the CiW*s Tinker Creek Diversion Project upon certain terms and provisions;'nnd providing rot an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 16T.) Hr. St*lief moved the adoption of the Ordinance. The notion was seconded by Mr. Wheeler and adopted by the following AYES: Messrs. Garland, Jones, Pollard, Pond, St*lief, hheeler and M~yor Dillard .......................... 7. NAYS: None .......~ ..... ~ .... o. AIRPORY: Gouncil having directed the Glty Attorney to prepare the proper measnre extending the contract of H. Lo Yarner Company, Incorporated~ for grading and drainage in connection with the extension of Runway and Taxiway 15-33 at Roanoke Municipal (Nm*drum) Airport in the amount of $16,o~s.29 for extra grading work. the Assistant City Attorney'presented sane; whereupon, NFo Garland offered the following Reiolution: (~16419} A RESOLUTION authorizing the City Manager to issue a Change Order with reference to the contract of March 30, 1964, between the City and B. L. · urner Company. Incorporated. relating to certain improvements at Roanoke Municipal Airport. (For foil text of Resolution, see Resolution Book No, 26, page Mr, Garland moved the adsption of~the Re~olution, The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Messrso Garland, Jones. Pollard, Pond. St*liar, hheeler and Mayor Dillard ....................... NAYS: None ......~ ........... O. In this connection, the City Auditor advising that it will b~ necessary to appropriate an additional $?,893.55 for the extra grading work, and the City' Manager pointing out that the approval of the extra grading work and the appro- priation of additional fonds will allow him to release all fonds to the contractor and close ogt the contract, Mr. Garland offered the following emergency Ordinance appropriating the additional $7,893.55: (x16420) AN ORDINANCE to an~nd and reordain Section wi?O, *Capital,' of the 1965'Appropria~ionOrdinance. and providihg for an emergency, (For full text Of Ordinance, see Ordinance Book No. 28, page'lG~.) Mr. Garland moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and ~dopted b~ the following'vote: 486 ,.AYES: Messrs. Garland, Jones, Pollard, Pond, St*lieF, Mheeler cad Mayor Dillard ....................... NAYS: None ................. O, REFUNDS AND EEBATESeLICENSES: Council hiving directed the City Attorney to prepare the proper measure authorizing a refund of $$9.40 to the Dr. Pepper Bottling Compnn? for 1965 city tags purchased in error for three trucks, the Assistant City Attorney presented sane; mhereupon, Mr. St,lief offered the f,Il,win Resolution: (m16421) A RESOLUTION authorizing and dire,ting refund of $59.40. the total an*ant heretofore paid the City for three certain 1965 truck license taxes. to Dr. Pepper Bottling Company. (For full text of Resolution, see Resolution Book No. 20, page 170.) Mr. 5toiler moved the adoption of the Resolution. The motion was sec*nde by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*lief, Mheeler and Msyor Dillard ......................... NAYS: None .................O. BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Mcnager to fill certain vacancies in various municipal departments since they are of an emergency nature, the Assistant City Attorney presented sane; whereupon. Mr. Stol]er offered the following Resolution: (~16422) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution. see Resolution Book No. 28, page ITO.) Mr. St*lief moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*lief, hheeler and M~yor Dillard ..... ~ ................... NAYS: None ..................O. PARKS AND PLAYGROUNDS: Council having directed the City Attorney to Incorporated, for the construction of a park shelter in Golden Park for the sam of $13,749, the Assistant City Attorney presented same; whereupon. Mr. St*Ilar offered the following emergency Ordinance: (z16423) AN ORDINANCE providing for the construction of a park shelter in the Cityts Golden Park; authorizing the execution of a contract therefor upon certain terms and provisions; rejecting another bid made for the construction of said shelter; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 28. page Mr. St*lieF moved the adoption of the Ordinance. ~he motion was seconded by Mr. Pollard and adopted by the foil*ming vote: AYES: Messrs. Garland, Jones, Pollard. Pond, Stollert Mheeler and Mayor Dillard ....................... NAYS: None ..................O. Mr. St*Ilar then offered the following emergency Ordinance transferring $5,274.50 from Picnic Shelter - Strauss Park to Picnic Shelter - Golden Park under 487 Section al?O. #C~pltnl.# of the 1965 budget, in connection uith the cdst of the contract and advertising costs In the amount nf $25,50: (m16424J AN ORDINAHCE to amend and reordain Section mi70. 'Capital.u of the 1965 Appropriation Ordinance. and providing for on emergency. ' (For full'text of Ordinance. see Ordinance Rook No. 28. page 172.) Mr. St,lief moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the roll,ming vote: AYES: Messrs. Garland. Jones. Pollard. Pond. St,lief. Mheeler and Mayor Dillard ................... ~ ...... ?. NAYS:' None .................. O, MOTIONS AND MISCELLANEOUS BUSINESS:' SEWERS AND STORM DRAINS: Council at its meeting on March 29. 1965. bavin! adopted Resolution No. 163560 rejecting bids for the construction of a storm drain line in the vicinity of Panorama Heights from Red Fox Drive to West Side Boulevard. and authorizing a lesser amount of construction by city forces to handle the immediate drainage problem in the area. a delegation of residents of the 3700 and 3600 blocks of Salem Turnpike appeared before the body and complained that nothing has been done by the city to handle the immediate drainage problem in the area. Among those speaking on the matter were Mrs. Cleopa M. Go.de. Mrs. T. D. OeWeese. Mr. Sidney J. Roop. Mr. M, H. Grant and Mr. William S. Haupt. President ~f the Westwood - Milmont Farms Civic League. In a discussion of the matter, the City Manager advtsed that he Js still trying to find a satisfactory solution to the immediate drainage problem in the area at less cost, but that so far he has found no alternate to the project for which bids were rejected. Mr. Garland moved that the matter be referred to the' City Manager for Investigation as to drilling a mall to correct the situation and to report bach to Council. The marion mas seconded by Mr, Jones and unanimously adopted. BUDGET-SCHOOLS: Mrs. Milliam A. Tingle. President of the Raleigh Court Elementary Parent-Teacher Association. appeared before Council, pointing out that the Budget Commission has informed the Roanoke City School Board that it must' reduce its budget by $275,000, possibly eliminating proposed teachers' raises for the coming yeart and presented a Resolution adopted by the Executive Board of the PTA, supporting the entire budget as submitted bI the School Board and requesting that o definite determination be made with regard to questions previously raised concerning state and city laws on school funds. After a discussion of the matter, Mr. St.liar moved that the Resolution be filed. The motion was seconded by Mr. Pond and unanimously adopted. LEGISLATION-CITY CHARTER: Council at its meeting on April 19, 1965, having adopted Resolution No. 16397, providing for the creation and appointment of a committee to study possible changes in the City Charter, Mayor Dillard called for nominations for members of the committee. 488 time, Mr, Garlaad placed iR nomination the name of Sum Labs*n, Mr, Jones placed tn nomination the lame or Thomas Do Rmtherfoord, Mr, Pollard placed in nomination the name of Bolmau Millis, Jr, Mr, Pond placed in nomination the nome of ilchar~ H, fish*, Mr, Stoller.plac~d in,nomination the name or H.n~ry.M.,Mhitesideo Jr, · Mr, Rheeler stated that he is not prepared to make a nomination at this Mayor Dillard placed in nomination the name of Benton O. Dillard. It being pointed out that Resolution No. 16397 provides that the committee shall be composed of seven qualified voters of the City of Roanoke, none of whom shall be city officials or employees, and Mayor Dillard ruling that he has a right to nominate himself as a member of the committee, Mr. St*lieF appealed the ruling of the Chair. The appeal was upheld by the foil*ming vote: AYES: Messrs. Garland, Jones, Pollard, Pond, 5tuller and Mheeler ...... NAYS: Mayor Dillard .................................................. 1. Mayor Dillard then placed In nomination the name of Floyd M. Hrlil. There being no further nominations, the foil*ming persons mere appointed as members of the committee: FOR MESSRS, LABSON, RDTHERFOORB, MILLISo HAHN, MHIYESIDE AND BRILL: Messr Garland, Jones, Pollard, Pondt St*liar. Mheeler and Mayor Dillard ............... HEALTH DEPARTMENT: The City Clerk reported that Me sar s. J. Garry Clay and A. Byron Smith hare qualified as members of the Housing and Hygiene Board for terms of two years each ending January 31. 1967. Oa motion of Mr. St*lief, seconded by Mr. Pollard and unanimously adopted. the report was filed. On motion of Rt. Garland, seconded by Mr. St*liar and unanimously adopted the meeting was adjourned. APPROVED AYYEST: . ~ 489 COURCIL,' SPECIAL REETING, Nedoerday, Nay 5, 1965, The Council of the City of Roanoke met In special aa*ting ia the Aaditoris at th, iCi*vis He'aithCenter. Wednesday. Ray 5. 1965. at ?:30 p,m., to discuss the portion of the proposed Zoning Ordinance pertaining to the Gracdin Court and Spring Valley areas or the city. with Vice Mayor Vincent S. Rheeler presiding. PRESENT: Councilmen Robert A. Garland. James E. Jones. Roy Ro Pollard. Sr., Clarence E, Panda Hurray A, Stoller and Vice Rayor Vincent $, Rheeler ........ 6. ABSENT: Hayor Benton O. Dillard ....................................... 1. OFFICERS PRESENT: Hr. Arthur S. Omens. City manager, and Hr. James Kincanon, City Attorney. ZONING: Council having continued its public hearing an*il 7:30 May 5t 1965t on the proposal of the Ronnohe City Planning Commission to adopt an Ordinance amending in its entirety Chapter 4, of Title IV, of The Code of the City of Roanoke, 1956, as presently amended, relating to Zoning, thereby amending, supplementing, changing or modifying all Of the regulations, restrictions, bouadarie and districts provided [or In said chapter or shown on the Zoning Plan referred to in Section I of said chapter for the purpose Of permitting the residents Of the Grandin Court and Spring Valley sections of the city to voice their opinions regarding the proposed zoning of their areas, the matter was before the body. Mr. Warner W. Sensbach. Director of City Planning. explained that an area is zoned Duplex Residential District - RD in order for a section to lend itself to conversion from one-family resident dwellings to *mo-racily dwellings. Dr. Thomas G. Scott appearing before Council in opposition to the zoning of Grandin Court to Duplex Residential District - RD voiced the opinion that it is discrimnatory and requested that the area be zoned as single-family residential and be permitted to remain as it is. Mrs. John J. Collins, Jr., of 2832 Montvale Road, $. N., stated she is opposed to the dividing line of zoning from Single Family Residential - R5-3 to Duplex Residential District - ED being in the middle of her block in Spring Valley and for the half of the block in which she lives being zoned as Duplex Residential District. Mr, L. O. Evans appearing fo opposition to the zoning of CrandJn Court as Duplex Residential District - RD and General Residential District - RG-1 requested that it be zoned as Single Family Residential District - RS-3. Mr. RJlliam Lewis Rossi. stated that he could not support the proposed zoning in Graudin Court and 5primo Valley as it is not comparable with the develop- ment plan of Roanoke. Everyone present desiring to speak on the matter having been 9ivan an opportunity, Mr. Pollard moved that the special meeting be continued until Hay 19, 49O 1965, at T:30 p,m, la the auditorium nt the City*$ Health Center, The motion was lecouded by Mr, Pond nod unnnimously adopted, APPROVED ](uyor 491 COUNCIL, BEGOLAR MEETING, Monday, May 10, 1965, The Council of the City of Roanoke met in regular meeting In the Council Chamber In the ~anicipal Building, Monday, Nay lO, 1'965, et 2 p.m** 'the' regular meeting boar, wit~ Mayor Dillard presiding. PRESENT: Councilmen Robert A, Garland, James E.. Jones, Clarence E. Pond, Murray A. Stoller, Vincent S. Yheeler amd Mayor Benton O, Dillard ............... ABSENT: Councilman Roy R. Pollard. St. .................................1. OFFICERS PRESENT: Mr, Arthur S. Owens. City Manager. Mr, James N, Kin:anon, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer, by the Reverend M. Carro Brooke, Vicar, St. Elizabeth's Episcopal Church. MINUTES: Copies of the minutes of the regular meeting held on Monday, April 19, 1965, and the special meeting held on Nednesday, April 21, 1965, having been furnished each member of Council. on motion of Mr. Stoller. seconded by Pond and unanimously adopted, the reading thereof mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: PARRS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids on the construction of the Eureka Park Recreation Center, said proposals to be receive~ by the City Clerk until 1:30 p,m** Monday, May 10, 1965, and to be opened at 2:00 p,m** before Councilt 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: Bidd?r Amount Martin Brothers Contractors, Incorpurated - $136.900 Regional Construction Services, Incorpurated - 139,900 Ha.ts and Breakell, Incorporated - 147,700 S, Lewis Lionberger Company - 149,000 W, M, Emerson - 152,895 Mr. Stoller moved that the bids be referred to a committee composed of Ress~s. James E. Jones, Chairman, Benton O. Dillard, Murray A. Stoller. Pennia Brown, Lewis A. Sydnor, St., Dr. L. E, Paxton and Mrs. Rozelle A. Scott for tabula- tion. report and recommendation to Council, the City Attorney to prepare the,proper measure In accordance with the recommendation of the committee, The,notion was seconded by Mr, Jones and unanimously adopted, AIRPORT: Pursuant to notice of advertisement for bids on the installation of medium intensity lighting for Taxiways 15-33 and 5-23 at Roanoke Municipal (~oodrum) Airport along with other appurtenant work. said proposals to be received by the City Clerk until 1:30 p,m,, Monday, May 10, 1965, and to be opened at 2;00 p.w** before Council, Mayor Dillard asked If anyone had any questions about the 492 &drertiseneut, end lO representative present raising any question, the Mayor Instructed.the Clt~ Clerk to proceed with the opening of the blds~ mhereupon, the City Clerk opened tod read the following bids; Cross Electric Company, Incorporated - STI,STI,63 J. #. Hurphy Company, Incorporated - ?6,?83.60 The Howard P. Foley Company - 82,783,00 Mr, St,Ilar ,ared that the bids be referred to a committee composed of ~essrs. Clarence £. Fond,.ChairmaK. Roy R. Follard, Sr,, Arthur S. Owens and Marshall L, Harris for tabulation, report and recommendation to Council, the City .Attorney to prepare the proper teosure in accordance with the recommendation of the committee, The motion was seconded by Mr. Jones and unanimously adopted. TRAFFIC-ALCOHOLIC BEVERAGES: Hr. Leroy Moran, Co~monmealthts Attorney, appeared before Council, pointing out that the originnl 'Implied Consent Lam' required strict compliance with the statute, that it has been amended to require substantial compliance, that at the present time the doctors at Roanoke Hem,rial Hospital are drawing the blood after a person is arrested and charged withdriving under the influence, but they have made it quite clear they mill not appear in court to testify and if they are required to do so they mill simply refuse to draw the blood in the future, that to date he has been able to get along without actualll snbpoenaino the doctor in court to testify that he follomed the procedure required by the statute, however, at least two cases are up for appeal to the State Supreme Court from the Hustings Court, and there is always the possibility that the court might be rerersed, furthermore, if any issue is raised atall by the defendant or his witnesses challenging the validity of any portion of the test the city mould be required to subpoena the doctor. Mr. Moran advising that he has studied a system whlch ~as marked almost perfectly in Charlottesville and requesting that three registered nurses be employed to rotate and be on call at all hours to draw the bloo at a fee of $10 for each blood sample. $5 of which would be reimbursed by the state. In a discussion of the matter, Hr. St.lieF stated it is actually too early to tell whether the 1964 statute of the General Assembly is truly as unworkable as the first Implied Consent Law passed in 1962, that so far the trial courts locally have not requ!red the presence in court of those mbo actually withdraw the blood, that this ruling is being appealed and it may be overturned, that if It is, then will be the proper time to institute the procedure,foil.mad in Charlottesville, and if it is not overruled, the City of Roanoke will save the cost of setting up the system, that it is regrettable the General Assembly has not seen fit to pass a.less cumbersome law, that he is also sorry the medical profession has not been entirely cooperative in this situation, that to adopt this proposal at this time because of revenue from fines which would accrue to the city suggests an improper use of the courts and he is not willing to put a dollar sign on the courts. Hr. St.liar then moved that Council take the proposal of the Commonwealth~ Attorney under consideratio~ until= the Supreme Court of Appeals of Virginia rules on the eases presently pending 493 The motion failed for lack of n mccord, Mr, Garland toyed that Council concur in the proposal of the Commonwealth* Attorney and them the waiter be referred to the City Attovne! for preparation or the proper meesero and to the City Manager tic au estimate of the cost it carrying out the proposal. The notion wes seconded by Hr. Wheeler end adopted, Hr, Stiller voting no. FRANCHISES-ROANOKE GAS COMPANY: Mr, W, A, Dlckinsont Attorney, represent- ing the Roanoke Des Company, appeared before Council, advising that under its franchise the Roanoke Des Company pays the City of Roanoke un aggregate annual 'payment determined by the miles of distribution wains of different diameter In service in the streets, alleys end public highways within the corporate limits of the City of Roanoke at the end of the preceding calendar year, that the company. for the purpose of improving its distribution system, is presently undertaking the construction of an fi-inch gas line from a point of connection with the East Tennessee Natural Cas Company near Clearbrook to a point at or near the property formerly known as Stauffer Chemical Company. a portion of which proposed line will extend over property acquired and owned by the cityfor the Rill aountain Spur tract development outside the present corporate llmJts~ that it is the feeling of the Roanoke Cas Company that its franchise embraces porks, streets and roads of the even though located outside the corporate limits and that the company should be permitted to pay for gas lines over city property outside the corporate limits on th~ same basis as within the city, Mr. Dickinson requesting a confirmation from Council that the franchise of the Roanoke Gas Company embraces parks, streets and roads of the City of Roanoke even though located outside the city limits. In a discussion of the matter, the City Attorney pointed nut that the existing franchise of the Roanohe Cas Company, as written, does not expressly provide for any gas lines except those within the corporate limits of the City of Roanoke and for that raison he cannot agree mith the company that the original franchise intended to'embrace city property outside of the corporate limits, that only Council can constru~ the intent of the franchise. Mr. 5toiler pointed Out that Council recently permitted the Plantation Pipeline Company to construct a steel petroleum p~oducts pipeline over'city-owned land outside the corporate limits in the Rill Rodntain ar~a at an annual rate of $.25 per linear foot, that the same rate would cost the Roanoke 6as Company approxi. mutely }841 as compared with approximately $100 underits existing franchise, and moved that the request of the Roanoke Gas Company be respectfully declined and that the gas company be notified Council is will,ag to grant permission'for the con- struction of the gas line 'over city property outside the 'corporate limits tn the Rill Mountain area at on annual rate' of $.25 per linear foot. The motion failed for lack of a second. Mr. Wheeler then moved that the request of the Roanoke Gas Company be 494 Later during the meeting., after OB executive session, Mr, Stoller ngnin moved that the request of the Roanoke Gas Company he denied and that t~e City Clerk be directed to Inform the company that Council will look mJth fovor upon permitting the construction of on O-inch gas line over property acquired by the City of iota*kc for the Mill Mountain spur tract deyelopmeot at On annual rote of 25 cents per linear foot. The motion mas seconded by Mr. Pond nnd unanimously adopted. P£TITIONS A~D CORMGNICATIO~S: STREET LIGHTS: A communication from the Appalachian Power Companyo transmitting a list of street lights mhich were installed during the month of April, 1965, was before Council. On motion of Mr. St*lieF, seconded by Mr. Pond acd unanimously adopted, the communication was filed. PENSXONS: A communication frnm Mr. William F. Grlggs, Secretary of the Employees* Retirement System of the City of Roanoke, transmitting a report on an audit of the Employees* Retirement System for the year ended December 31, 1964, ns prepared by £ennett and Kennett. Certified Public Accountants, was before Council. On motion of Mr. Wheeler. seconded by Hr. Pond nad unanimously adopted. the communication and report were filed. lo this connection, Mr. St*lieF pointed out that the operating expenses of the Employees* Retirement System are absorbed in the budget of the City Auditor for the daily operation of his office rather than being charged to the Employees* Retirement System and moved that the City Auditor be directed to furnish Council an estimate of the operating expenses of the Employees* Retirement System with a flew of changing the present pollcy. The mot]on was seconded by M~. Wheeler and unanimously adopted. BUDGET-SCHOOLS: Copy of a communication from Mr. William C. Thomas, President of the Roanoke Parent-Teacher Association Council, supporting the proposed program of the Roanoke City School Board for the year 1965-66o and copy of a communication from the faculty of the Flshburn Park School, supporting the position of the Roanoke City School Board in its budget request for teacher salaries for the year 1965-66, were before Council. Ou motion Of Mr. St*lief, seconded by gr. Jones and unanicously adopted, the communications were filed. REPORTS OF OFFICERS: : BUDGET-PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted a written report, recommending that $10,00 be appropriated to Materials-Building and Property under Section ~88, 'Maintenance of City Property," of the. 1965 budget, in connection with repairs to the City Incinerator. Mr. St*liar moved that Council concur In the recommendation of the City Manager and offered the following emergency Ordinance: 495 *(o16425) AN OROINARCE to amend nnd reordnin Section t88, "Naintennnce of City Property," of the 1965 Appropriation Ordinance.' and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 28, page 176.) Mr. StolJer meted the adoption of the OrdJnnnCeo The motion mas seconded by Hr. Hheeler and adopted by the folloming vote: AYES: Heists. Garland, Jones, Pond, Stellar, Hheeler and Mayor Dillard ............................... NAYS: None ................. O. (Hr. Pollard absent) RUOGET-CIT¥ AUDITOR: The City Hanager submitted a written report, recom- mending that $100 be transferred from Printing and Office Supplies to Haintenaace of ~achinery and Equipment under Section mlO, #Anditor,~ of the 1965 budget, to corer an increase in cost of maintenance contracts on equipment in the office of the City Auditor. Mr. 5toiler moved that Council concur in the recommendation of the City Manager and offered the folloming emergency Ordi.ance: (=16426) AN ORDINAWC£ to amend mhd reordain Section OlO, "Auditor," of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordfnance, see Ordinance fleoh No. 28, page 177.) Mr. Stoller moved the adoption of the Ordinance. The motion mas seconded by Hr. Pond and adopted by the following vote: AYES: Hessrs. Garland, Jones, Pond, ~toller, Wheeler and Mayor Dillard ........... ~ .................. 6, WAYS: None ............... O. (Rt. Pollard absent) BUDGET-MATER DEPARTMENT: The City Manager submitted a Written report, recommending that $1,500 be transferred from Capital Outlay from Revenue under *Non-Operating Expense" to Operating Supplies and Materials under Section u290, 'Distribution and Transmission,' of the 1965 Mater Department budget. Rt. Stoller moved that Council concur in the recommendation of the City M~nager and offered the following emergency Ordinance: (~16427) AW ORDIWAWCE to amend aid reordaln Section =290t #Distribution and Transmission,N and mN.n-Operating Expense,a of the 1965 Mater Fund Appropriation Ordinance, and providing for an emergeicy. (For full text of Ordinance, see Ordinance Book No. 28, page 177.) Mr. 5toiler moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones. Pond. Stoller, Wheeler and Mayor Dillard .............................. 6, NAYS: None ................ O, (Mr. Pollard absent) BUDGET-NATER D~PARTMENT: The City Manager submitted a written report, advising that $5,000 was included in the 1965 Mater Department budget for painting the Carroll Avenue Storage Tanh, but that it was disCOVered proper cleaning Of the tank could he accomplished only by sandblasting and that the lowest bid received '496 for sandblasting and painting the Carroll Avenue Storage Tank was frae Mr, I, [, Stoltzfus Sa the amount of $10.500. the City #!niger recomwendJng that the bid of Mr. Stoltzfus be accepted and that an additional $$.500 be appriated for the work. Mr. $ioller Bored that Council concur in the reconneadations of the City Manager end that the waiter be referred to the City Attorney for preparation o! the proper ,ensure accepting the bid of Mr. I. K. Stoltzfnn in the amount of $10.500. The notion was seconded by hr. Pond and unanimously adopted. Mr. Stoller then offered the ~mllowfag ewergency Ordinance appropriating the additional $5.500: (m16420) AN ORDINANCE to amend and reordala Section ~26Oe #Pnnpfng Stations and Tanks." of the 1965 Nater Fund Appropriation Ordinance. and providing (Foe full text of Ordlnancet see Ordinance Book No. 25, page l?S.) 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. Pond. Stoller. Mheeler and Mayor Dillard .............................. 6. NAYS: None ................. O. (Mr. Pollard absent) BUDGET-PAY PLAN: The City Manager submitted the followin9 report, recom- mending that he be authorized to fill certain vacancies in various municipal 'Roanoke, Virginia May 10. 1965 To the City Council Roanoke. Virginia The following personnel are needed for the efficient operation cf the City: Police Department - I Clerk-Stenographer retroactive to May 1, 1965 - Group 15 Airport - I Airport Serviceman - Grnup 15 Citl Auditor - I Secretary 11, Group 14 Library - Library Assistant II, Group 16 Engineering - I Clerk Stenographer, Group 15 Water Department - Superintendent of Purification and Supply, Group 5, Respectfully submitted, S/ Arthur S. Owens City Manager* Mr. Stoller moved that Council concur in the recommendations 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. Pond and unanimously adopted. BUDGET-LIBRARIES: Council having referred the question of including $105,100 in the 1965-6S budget for the constrnction'of a new Raleigh Court Branch 497 Library to the Badget Commission for its consideration, the City Manager sabmJtted a mrittea report, ndrielng that the State Library Board has approved the applicetio: of the City of Ronnohe for n federal great of $42,040 for the construction of the brnnch library provided the City of Roanoke beers the balance o! the cost estimated at $63.060, On motion of Mr, Stellar, seconded by Mr, Garland and unanimously adopted, tke matter was referred to 1965-66 budget study, SALE OF PROPERTY-MATER DEPARTMENT: The City Manager submitted a written report, recommending that the City of Roanohe sell to the Virginia Department of flighuays a strip of land at the Dollins Pamping Station nad grnet a temporary construction easement needed for the widening of Plantation Road north of the city limits for the sum of $75. MF, Stellar moved that Council concuF in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure, The notion mas seconded by Mr, Nheeler and unanimously adopted. PARKS AND PLAYGROUNDS: The City Manager submitted a written report, advising that the estimated cost of outside improvements not included in bids received for the construction of the Eureka Park Recreation Center is $8,495. Mr. Jones moved that the cost estimate be referred to a committee composed of Messrs. James £, Jones, Chairman, Denton O. Dillard, Murray A, Stellar, Pennia Brown, Lewis A. Sydnor, SF** Dr, L, E, Paxton and MFS, Mozelle A. Scott for its information in connection with a study of the bids, The motion was seconded by Mr. Garland and unanimously adopted. HEALTH DEPARTMENT: The City Manager submitted a written report, trans- mitting a proposed new Housing and Hygiene Ordinance as approved by the Regional Administrator of the Housing and Home Finance Agency. Mr. 5toiler moved that the draft of Ordinance he referred to the City Attorney for review and that a public hearing on the matter be bald at Tuesdayt July 6, 1965. The motion was seconded by Mro Pond and unanimously adopted, POLICE DEPARTMENT-FIRE DEPARTMENT: The City Manager submitted the follow- lng report On changes in the personnel of the Police Department and the Fire Department for the month of April, 1965: 'Roanoke, Virginia May 10. 1965 To, the City Council Roanoke, Virginia Gentlemen: The following changes were made by the police and fire departments during the month of April. 1965: *Police *The following were sworn in as police officers during April, 1965: John E, Castleman 1714 Kenwood Bird., 5. E. 498 424 Riverlond Woad, Stephen J, Handy 72~ Third Street, S. *Officer Clinton £, Gornond resigned effective April 15, 1965, *Mrs. Jane B, Tyrrell. Clerk-stenographer. resigned effective April 30. afire *During the month of April 1965 the following personnel changes occurred in the Fire Department: Resignation - Fireman David H, Logan SOn this date there are two vacancies in this department.* Respectfully submitted, S/ Arthur S, Qwens City Manager" On notion of Mr. Sa,lief. seconded by Mr. Jones and unanimously adopted. the report was filed. STREETS AND ALLEYS: Council having referred to the City Planning Commission for study, report and recommendation an application of the Roanoke Hospital Association to vacate, discontinue and close certain portions of Dell,view Avenue. Lake Street and Hamilton Terrace. S. £** adjacent to nod/or in front of the Roanoke Memorial Hospital. as shown on a plat prepared by. Co Ho Malcolm and Son dated February 24, 1965, the City Planning Commission submitted the following report, recommending that certain portions of Bell,view Avenue and Lake Street. S. Eo. as shown on a plat prepared by £ubank. Caldwell and Associates dated May. 1965. he ~acated. discontinued and closed: 'May 6, lq65 The Honorable Denton O. Dillard. Mayor and Members of City Council Roanoke. Virginia Gentlemen: During the regular meeting of May 5. 1965 the City Planning Commission considered the request by Roanoke MemorJil Hospital for the closing of certain portions of Bell,view Avenue and Lake Street. $. E.. which hod been referred to this body by City Council. It was learned that the proposed addition to the hospital will necessitate the closiog of these sections of tm, public streets and the relocation of Hell,view Avenue. After hea~iog evidence presented by representatives of the hospital. Ih,ir engineers and architects, and the city engineering department, the Planning Commission concluded that the proposed development and relocation scheme as shown on a map No. 6507. prepared by Eubank ~ Caldwell and Associates under date. of May 1965. is feasible and could be accomplished without undue hardship to the general public. This development scheme appears practical. provided that Helleview Avenue can be relocated and Hamilton Terrace will be afforded access to Hell,view Avenue designed on the basis of adequate engine.rim9 standards. The City Planning Commission. therefore, recommends to City Council that those portions of Lake Street and Hell,view Avenue. S. E.. be closed which are shown on a nap prepared by Embank & Caldwell. under date of May 1965. Comm. No. 6507/A. which is made part of this recommendation. It is further recommended that Roanoke Memorial Hospital make every effort to provide additional 499 off-street parking facilities'at a ratio of,one parking space for every additional hospital bed. It is further recommended that the improvements on Hamilton Terrace be designed in such u may so us to permit the possibility of future connections with the extension of Wiley Drive when it ts accomplished, Information received in connection with the development proposals for Memorial Hospital, including signatures of residents opposing the closing of Hamilton Terrace, is included with this com3unicatlon. Very truly yours, 5/ Warner K, Sensbach Henry B. Hoynton Chairman" Mr. Smaller moved that a public hearing be held et 2 p.m,, Jane 14/ 1965, on the application of the Roanoke Hospital Association to vacate, discontinue end close certain portions of Selleview Avenue, Lake Street and Hamilton Terrace. 5, E., adjacent to and/or 'in front of the Roanoke Memorial Hospital. as shown on the plat prepared by C. B, Malcolm and Son dated February 24, 1965, The motion was seconded by Mr. Pond and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Com- mission for study, report and recommendation a request of MFs, Elizabeth C. Shoal that permission be granted for use of her property located on the west side of Stephenson Avenue, S. M., opposite the dead end of Twenty-sixth Street, described as Lot 1, Shoal Map, Official Tax No. 1160133, as a means of ingress and egress to and from the parking lot of the Mlck-o£-Mack Stores and the S ~ H Green Stamp 5tore fronting on Franhlin Road during the hours in ~hich said stores ere open to their customers, the City Planning Commission submitted the following report: "May 6', 1965 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: During the regular meeting of May 5, 1965 the Planning Commission considered'the request of Mrs. Elizabeth C. Sboaf to permit the use Of her property contrary to the uses specified in the zoning ordinance Of the City Of Roe*oRe. The COmmission learned that it was proposed to use the subject property as a means of ingress and egress to and from the parking lot of the Mick-or-Mack stores and the S ~ H Green Stamp store fronting on Franklin Road. 'In the ensuing discussion the Planning Commission concluded that this matter cannot be dealt with by the Planning Commission, since it relates to proposed land use con- trary to existing zoning. The'City Board of Zoning Appeals is the municipal body which can rightfully be concerned with this matter according to the duties outlined by the City Code. It is,'therefore, recommended that the petitioners be informed to direct their request to the Board of Zoning Appeals. Information received in connection with this case is attached to this communication. Very truly yours, S/ Namer K. Sensbach Henry H. Boynton Chairman* 5OO In this connection, Mr. Martin P. Durks appeared before Council and asked that the reqoeat be denied. Council being of the opinion that the mutter should be left up to the petitioner tad the Doard of Zoning Appeals, My. St*liar moved that the report or the City Plssuing Commission be filed. The motion mas seconded by Mr. Fond and unanimously adopted. REPORTS OF COMMITTEES: CITY ATTORNEY: Council having elected Mr. James N. Kincanon as City Attorney tn fill the unexpired term Of Mr. Randolph G. bblttle fOFa term beginning May S, 19650 and ending September 30, 1966, and having referred the question of the salary of the new City Attorney to a committee composed of Mayor Benton O. Dillard, Chairman, MF. Vincent S. Mheeler and Mr. Murray A. St*lief for study, report nad recommendation, the committee submitted a written report, recommending that the salaFy cf the City Attorney be fixed at $12,ooo per annum. Mr. St*liar moved that Council concur In the recommendation of the committee and offered the following emergency Ordinance: (~16429) AN ORDINANCE fixing the salary of the City Attorney; and pr,riding for an emergency. (For full text of Ordinance, see OrdinanCe Book ~Oo 28** page 178.) Mr. St,liar moved the adopt.ion of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland. Jones, Pond, bt*Il.r, bheeler and Mayor Dillard ................................ 6. NAYS: None ................. O. (Mr. Pollard absent) SYADIUM: The committee appointed to study the request of Messrs, Marvin Panch and John D. Moose for permission to conduct weekly automobile races at Victory Stadium submitted the following report: 'Roanoke, Virginia May 6, 1965 ?o the Cuuocil of the City of Roanoke The City Council, at its meeting held on May 3, 1965, referred to the undersigned committee the request of Messrs. Marvin Punch and John Moose for permission to conduct weekly automobile races at Victory Stadiu~odirecting the committee, together with the City Manager and City Attorney, to meet with Messrs. Panch and Moose for the purposes of a general discussion of their proposalt the committee, thereafter* to make recom- mendations tO the City Council, Following said Council meeting and In order to meet the convenience of the applicants, the undersigned committee, with the City Manager, City Attorney, and City Auditor preseot~ met with Messrs~ Punch and Moose and engaged in a detailed discussion of the proposal to conduct n series of weekly automobile races at Victory Stadium. to be conducted pursuant to permit issued by the City Manager through the Director of Parks and Recreation with the proper approval of the City Council. At the conclusion of an extended but completely agreeable discussion of the matter mith Messrs. Punch and Moose, your committee advised those gentlemen that said committee would recommend to the City Council at its next regular meeting that, should Council authorize the use of Victory Stadium for automobile 501 racing (meaning by the term, stock car racing, modified stock car raclBge and ReM stock car rocleg), aid approve the issuance of a permit tbernfor, said committee uoald recommend that same be permitted aa the basis of the terms and conditions set out, it general, aa Addendum A, attacked hereto, Your committee calla attention to the proviso made in that portion of Section 50 Chapter 4, Title VIII of the Code of the City of Roanoke mhich, in general, prohibits *stock car rsciug~ uithla Maker Field and suggests that on amendment of that provision should he made by tie Council la the event that It is determined to authorize the use of Victory Stadium for the above=mentioned purposes, Respectfully, S! Jame? Et Jones $/ Roy Rt Pollard, SFt S/ Robert' ~, Garland James £0 Jones Roy R. Pollard, St. Robert A. Garland, Mr, Garland then read the following terms and conditions referred to in the report: 'Roanoke, Virginia Ray 6, 1965 A~DENDUM A 1. The City to receive 12 percent of the gross of all income from racing, payable to the City weekly. 2. The schedule to start on Friday, June 4 and run once a week for 11 nights through August 13 and if arrangements are made with the Fair Association, then an additional night, August 20, will be permitted on the same terms and percent- age. 3, The permittees to prepare the grounds adaptable for their , use, subject to the approval of the City Manager. The permittees to provide adequate police protection nithin the grounds. 5. The permittees to pay the City for electricity and lighting. Permittees to provide the City with liability insurance for a minimum of t$100,O00 and $300,000*, and furnish the City with a cash or corporate bond of $3,000 to protect damages to property and payment of charges becoming due under the permit, 7. The nightly program to start not earlier than ? p.m. and the last race to start not later than 9:30 p.m., with the grounds empty and lights out by iO pom. fl, The method for the sale of tickets and the proper accounting for funds and payment Of charges to the City to be as prescribed and approved by the City Auditor. approval of the City Manager. 15, All applicable atate laws of Virginia and City ordinances 502 16, Permit to b~ revocable by City Couecil or City Manager et soy tiue and wlthon~ prior notice for any defo~lt or foliate of compliance mltb terms of permit~ end to be rev*cable by City Council rot any good cause oppeoriog to the Council on two (2) weeks' nqtice by mail to permittees, or either of them,u Speakiog In opposition to permitting~automoblle races et Victory Stadium on the grounds or obJeotionable~noise mere ~rs, P. D. Fisher, Hrs. R, M, Stickley, Jr., Mrs, Leigh P, Huff, Mr, Milldam fl, Flannogan, Director of the Roanoke Memorial Hcspitol, Mr, Chorles R, Osterhoudt, Attorney, representing residents of the surrounding area, Hr, J, S, Scott and Mr, Do L, Lynch. Hr. Robert A, Lewis appeared before Council and presented a petition signed by' 7?4 individuals and businesses, supporting automobile races at Victory Stadium, Mr. John A. Cothren pointed out that stock cars have been improved so that they do not make as much noise as formerly. Communicated*ns from Dr. A. H, Hollingsworth, Jr,. Pastor of the Second Presbyterian Church, and Dr. Malker H, Healy, pastor of the First Presbyterian Church, objecting to auto racing at Victory Stadium because of its proximity to the Roan*he Memorial Hospital, were before Council. Mr. Pond stated that he may not be attuned to the *Jet age* and he knows the city needs the revenue which would be derived from auto races at Victory Stadium, but he does mot see how he can go along with the recommendation Of the committee, that there is a daily average of 550 beds occupied at the Roanoke Hem*rim Hospital and the Rehabilitation Center and that a poll Of the patients, nurses and doctors at the two hospitals indicated they are opposed to the auto races. Mr. Wheeler agreed with Mr. Pond that the noise from the auto races would disturb the patients at the nearby hospitals. Mr. Stellar stated that he' would be mil'ling to give the auto races a fair trial. Mr. Jones pointed out that the terms and conditions for the auto races very strict and that if ~he promoters formally accept them he is willing to give the auto races a fair trial. Mr. Garland pointed out that there mould only be eleven nights of Facing and if the noise should prove to be too objectionable the Faces can be cancelled on two weekst notice. Mayor ~illard pointed out that it will require a favorable VOte of at least five members of Council to amend the City Code by an emergency Ordinance and stated that he is ~tllin~ to give the auto races a fair trial if there is a sufficl* number of votes for an emergency measure. Mr. Garland then moved that the City Attorney be directed to prepare the proper measure amending the City Code to allow stock car racing at Victory 5tedium under the terms and conditions outlined by the committee, The motion mas seconded by Mr. St*liar and lost by the following Vote: 5O3 , AVES: Hessrs, Garland, Jones end Stoller ............................... 3, NAYS:' #essrs, Pond, Eheeler*and Mayor Dillard .......................... 3, (Mr, Pollard absent) ' UNFINISHED BUSINESS: NONE. COHSIDF~ATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance Ho. 16407. vacating, discontinuing and closing on alley between Livingston Road and Eoodlawn Avenue, S. M.~ extending frow Gean Street to Guilford Avenue; also. on alley extending from Livingston Road to the above alley, 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: (~16407) AN ORDINANCE'permanently vacating, discontinuing and closing all those two certain alleys lying in the City of Roanoke, Virginia, and more particularly described as follows: (For full text of Ordinance, see Ordinance Book No. 28, page 172.) ' Er. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Mbeeler and adopted by the following vote: * AYES: Eessrso Garland, Jones, Pond, Stoller, Wheeler and Payor Dillard ..............................6. NAVS: None .................Oo (Er. Pollard absent) ZONING: Ordinance No. 1640~, rezoning property located on the west side of Thirteenth Street, S. R., between Chapman Avenue and Campbell Avenue, described as part of Lots 1, 2 and 3, Block 16, Nest End and River View, Official Tax No. 1220211, from Special Residence District to Business District, having prevlouslF 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: (~16408) AN ORDINANCE to amend and reenact Title AV, 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. 28, page 174.) Mr. Stoller moved the adoptio~ of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Mensrso Garland, Jones, Pond, Staller, #heeler and Mayor Dillard ...............................6. NAYS: None ..................O. (Mr. Pollard absent) ZONING: Ordinance No. 16409, rezoning property located on the south side of Essex Avenue, No M., between Salem Turnpike and Twenty-second Street, described as Lot 4, Block 1, Melrose L~nd Company, Official Tax NO. 2322809, from General Residence District to Light*Industrial District, having'previously been before Conncil for its firnt rending, read and laid over; was again before the body. Mr. Stoller offering the following for its second reading and final adoption: 504 (r16409) AN ORDINAHCE to noond ~nd reenact Titlq XV. Chapter 4. Section l. of Tho Code of the City of Roanoke. 1956. in relation t? Zoning.: (For fall tent or Ordinance. see 0rdlnnace Book Ho. 28. page 174.) Mr. St*lief moved the adoption or the Ordinance. The motion uas seconded by ~r. Mb*cleF and adopted by the following vote: AYES: Messrs. Garlnnd. Jones. Pond. 5toiler. Mheeler end Mayor Dillard ............. '~ ......... ? ...... 6, NAYS: None ................. O, {~r, Pollard absent) ZONING: Ordinance No. 16410. ~ezonlng property located on the nortk aide of Heir*se Arenneo H. U** between Eighteenth Street and Nineteenth Street. described as Lot 12. Block 66, Melrose Land Company. Official Tax No. 2322111. from Special ResidenCe District to flusiness District. having previously been before Council for its first reading, read end laid over. was again before the body. Hr. St,lief offering the roi?wing for its second reading and final adoption: (=16410) AN ORDINAHCE to an*nd and reenact Title XVt Chapter 4. Section 1. of The Code of the City of Roanoke. 1956..in relation to Zoning. (¥OF full tent of Ordinance. see Ordinance Book Ho. 28. page Mr. St*lief moved the adoption of the Ordinance. The motion mas seconded by Rr. Pond and adopted by the following vote: Dillard ............................... NAYS: None ..................O, (Mr. Pollard absent) REFUNDS AND REBATES: Council having directed the C~ty Attorney to prepar~ the proper measure, ~uthorizing a refund of $~9.20 to the Pet Milk Company for Rro St*lief offered the foil*ming Resolution: (=16430) A RESOLUTION authorizing and directing refund of $?9.20, t~e total amount heretofore paid the City for five certain 1965 truck license taxes, to Pet Milk Company. (For full text of Resolution, see Resolution Book No. 28~ page 179o) by Rt. ~heeler and adopted by the ~ollowing rote: Dillard .............................. 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 p~esented ~ane; whereupon. Mr. St*lieF offered the ~ollowing Resolution: (~16431) A RESOLUTION authorizing the City Ranuger'to employ certain (For full text of Resolution, see Res*lotion Rook No. 28. page 179.) 505 mmmmmm Mr. St*liar moved the adoption or the Resolution. Tho B.*Ion mis secoade~ by Mr. Pond nnd adopted by the following vote~ Dillard .............................. 6, · , NAYS: Nose ................. O. (Mr. Poll,rd absent) PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepore the proper measure directing the City Unnnger to advertise for public bids for the raring nnd removal of the old concession stand in the dance hall in Washington Park, he presented same; whereupon, Hr. St*liar offered the following Resolution: (u16432) A RESOLUTION authorizing the razing of certain old buildings in Mashing*on Park. (For fall text of Resolution, see Resolution Hook No. 26, page lC0.) Mr. St*liar moved the adoption of the Resolution. The motion was sec*nde( by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pond, St*lieF, Rheeler and Mayor Dillard ................................ 6. NAYS: None .................. O. (Mr. Pollard absent) SCHOOLS: Council having directed the City Attorney to prepare the proper measure designating Total Action Against Poverty in Roanoke Valley as the agency authorized to administer programs under the Economic Opportunity Act of 1964 rather than the Roanoke Valley Council of Community Services, Incorporated, he presented sene; whereupon, Mr. St*liar offered the following Resolution: (~16433) A RESOLUTION approving and designating Total Action Against Poverty in Roanoke Valley as the agency authorized to administer programs under the Economic,Opportunity Act of 1964; and amending Resolution No. 16361 heretofore pdopted on the 29th day of March, 1965, providing for the administration of said programs by the Roanoke Valley Council of Community Services, Incorporated. (For full text of Resolution, see Resolution Rook No..28, page 180.) Mr. St*liar moved the adoption of the Resolution. The motion was sec*nde( by Mr. Pood and adopted by the f,Il*ming vote: AYES: Messrs. Garland, Jones, Pond, St*lieF, Wheeler and Mayor Dillard .............................. ~-6. NAYS: None .................. O. (Mr. Pollard absent) MOTIONS AND MISCELLANEOUS BUSINESS: COMpLAINTS-NUISANCES: A group of citizens appeared before Council, with Mrs. N. E. Melters acting as spokesman, and presented a petition signed by 29 residents of the 2500 block of Mllliamson Road, the 100 block of C,ur*ney Avenue and the 100 block of Avendale Avenue, N. E.. complaining against the noise emanattn~ from the Rebel Cycle Center, 2419 Willlamson Road. N. E., beginning at 6 p.m..each day and continuing all throogh the night as well as the excessive speed of the motorcycles on C,ur*ney Avenue during the night. 506 Mr. Mheeler moved that the complaint be referred to the City. Manager for lnvestlgotJon with the Superintendent of Police amd to report back to Council. at its meeting on May 24, 1965. The motion was seconded by Mr. Stoller and unanimously adopted. SPECIAL PERMITS-STREETS AND ALLEYS: Mr, J. Thomas Engleby, III, Attorney, representing Nancy T. Mackall, lsawan, et el,, and Mr. Ben M. Richardson, Attorney, representing Joel Krisch, et al,, appeared before Council and presented n petition, Mr. Engleby advising that his clients have sold their property at 101-103 Campbell Avenue, S. M., to the clients of Mr. Richardson, that a survey of the property revealed several encroachwents by the building thereon on Caopbell Aveeoee First Street and the alley between Campbell Avenue and Salem Avenue, that because of this fact the title to the property is uninsurable and, therefore, not marketable without the permission of the Council to permit suck encroachments, Messrs. Engleby and Richardson requesting that permission be granted for the existing encroachments until the present building is destroyed or removed. Mr. Stoller moved that the matter, be referred to the City Manager and the City Attorney for study, report and recommendation to Council, the Attorneys for the petitioners to prepare the proper measure authorizing the encroachments if the City Manager and the City Attorney so recommend, The motion was seconded by Mr. Pond and unanimously adopted. POLICE DEPARTMENT-BUDGET: Mayor Dillard took exception to an editorial appearin9 in The Roanoke Rorld-News on April 27, 1965, stating that the Mayor would not agree to the creation of a Youth Blvtsion in the Police Department unless it headed by Captain Murray O. Cochran, and an editorial appearing in The Roanoke Korld-~ews on Ray 7, 1965, stating that he was prodded by other members of Council into reappointing two of the four citizen members Of the Budget Commission, Mayor Dillard stating that he does not question the editor's right to express an opinion, bat that.the two statements ore untrue. Other members of Council agreed with Mayor Dillard that the original lnten of the body was to stagger the terms of the citizen members Of the Budget Commission CITY ATTORNEY: The City Clerk reported that Mr, James N. Kincanon has qualified as City Attorney to fill the unexpired term of Mr, Randolph G. Whittle beginning May 5, lg65,and ending September 30, 1965. Do motion of Mr. #heeler, seconded by Mr. 5toller and unanimously adoptedt the report was filed. On motion of Mr, Wheeler, seconded by Mr, Garland and unanimously adopted, the meeting was adjourned, APP.ROVED ATTEST: COUNCIL, REGULAR MEETING, Monday, May 17. 1965. , The Council of the City of Roanoke met in regular meeting in the Council Chamber ia the Municipal Rullding. Monday, May 17, 1965. at 2 p.m** the' regular meeting hour, with Mayor Dillard presiding. PgESENT~ Councilmen Robert A. 6arland, James E. Jones, Roy R. Pollard, Sro, Clarence E, Fond, Murray A. Stoller, Vincent S. hheeler and Mayor Benton O. Dillard ................................7. ABSENT: None ................ O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. James N. Mlncanon, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened uith a prayer by the Reverend B. L. Moziago, Chaplain at the Veterans Administration Hospital. MINUTES: Copy of the minutes of the regular meeting held on Monday~ April 26, 1965, having been furnished each member of Council; on motion of Mr. Stoller, seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON POBLIC MATTERS: 'NONE, PETITIONS AND COMMUNICATIONS: 5TR£ETS AND ALLEYS: A,petition signed by twenty-three residents of the 3600 block of Oaklawn Avenge, N. M., requesting that the dead end of Oaklawn Avenue not be opened to provide a service entrance to Friendship Manor, was before Council In this connection, Mr. Howard E. Mouser appeared before Council, com- plaining that if Oaklawn Avenue is extended the value of residential properties on · the street will be depreciated, therewill be an increase in trafficon the. street and a traffic hazard will be created for the children who live in the area, Mummer charging that a service entrance to Friendship Manor could be provided from Hershberger Road, but that the owners of the property do not want to spoil the entrance to the Home. Mr. Zo L. Newcomb pointed out that Oaklawn Avenue was a dead end street when the residents of the 3600 block built their homes and that it is their sincere hope it will remain that way. The Reverend A. J. Rouser stated that he does not wish to interfere with the operation of Friendship Manor ia any way, but that he is concerned about the safety of the children living on Oaklawn Avenue. o After a discussion of the matter, Mr. Wheeler moved that the question be referred to the City Manager and the City Attorney for study, report and recommenda- tion to Council. The motion was seconded by Mr. Carland and unanimously adopted. HUDGET-SCHOOLS: A communication from the faculty of Hreckinridgb Junior High School. supporting the position of the Roanoke City School Hoard in its budget request for teachers* salaries for the year 1965-66, and a petition signed by 56 members of the faculty Of William Fleming High School, suggesting that Couocil leave the disposition of school funds to the School Hoard, were before Council. On motion of ir, Cruller, secouded by Mr, Pollard and nuooimounl7 odoptede the commnninntion sod peal*icg were filed, BUDGET-SCHOOLS: A communication from the Roanoke City School Board, requesting that $53,209 be trnnsferred from Tax*boobs under Section z2000, 'Schools- Iustruetion,* to, ~ecticn silO00, ~Improve~ents and Betterments,' iud that $22,9o5 be trunsferred from Textboohs under Section z2000, *Schools-lnstructio~t' to Nuintenunoe of Instructional nnd 6ffice Equipment under Section zyO00, Huintenunee of Pinna and Equipment0' of the 196S budget, in order to purchase lndustriul education equipment approved under the Vocational Edtcution Act of 1963, was before Council, In answer to a question ~y Mro Pollard us to why there is such u surplus in the Textbook account, Hr, A. F. Fisher, Clerh of the Roanoke City School Board, explained that when the School Board made up its budget for 1965 it did not realize Oonncil would change the budget period from a calendar year basis to u fiscal year basis~ that the bulk of the funds for textbooks is needed In the fall rather than at the beginning of the year, that the School Board could have requested a:suppl~- mentary appropriation, but decided to utilize the unused funds in the Textbook account, Hr, Fisher pointing out that the industrial education equipment will have to be purchased prior to July 1, !965. in order to receive a reimbursement of 75~ of the purchase cost from the Federal Government. After a further discussion of the matter. Hr. Garland moved that Council concur in the request of the Roanoke City Schoo! Board,and offered the following emergency Ordinance: (#16434) AN ORDINANCE to amend and reordain Section n2000. ~Schools- Instruction,~ Section ~7000, #Schools-Maintenance of Plant and Equipment,~ and Section mi2000, #Improvements and Betterments." of the 1965 Appropriation Ordinanc and providing for an emergency. (For fall text of Ordinance. see Ordinance Book No. 28. page 181.) Br. Garland moved the adoption of the Ordinance. The no,ion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Ressrs. Garland, Jones, Pollard, Pood, Stoller, Bheeler and #ayor Dillard ......................... NAYS: None .................. O. REPORTS OF OFFIGEBS: STREET LIGHTS: The City Man~ger submitted a written report, recommending that n street light be installed at the dead end of Davenport Avenue, S, E.; that a street light be installed on Walnut Arena,e, S. N., between Franklin Road and Third Street; and that four street lights be removed and eight street lights relocated in connection with the construction of Interstate S6l from Orange Avenue south to #ells Avenue, N. E. Mr. Stoller moved that Council concur in the recommendation of, the City Manager and offered the followin~ Resolution authorizing the installation of street lights on Davenport Avenue, S. E.t and Walnut Avenuet So (u16435) A RRSOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full te~t of Resolution, see Resolution Boor No. 28. page 182.) Mre St,liar moved the adoption of the iesblutiou. The motion was seconded by Hr. Pond and adopted by the f,Il,ming vote: AYES: Nessrs. Garland. Jones, Pollard. Pond, St,lief. Rheeler and Mayor Dillard .......................... HAYS: Nose .......-.-: ......... O, Hr. Garland then offered the fhllomlng Resolution authorizing the removal or relocation of certain street lights lu connection with the construction of Interstate 501 iron Orange Avenue south to Nails Avenue~ N. E.: (~16436) A RESOLUTION authorizing the removal of three 2500 lumen over- head incandescent street lights and one 21.000 lumen mercury vapor street light and the removal and reinstallation of eight 21.000 lumen mercury vapor ~tre~t lights in connection mlth the construction of Interstate Route 581 from Orange Avenue to Malls Avenue. N. (FaF full text of Resolution. see R~solution Book No. 2S. page 182.) Mr. Garland moved'the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the f,Il,ming vote: ' AYES: Messrs. Garland. Jones. Pollard. Pond. St,lief. Mheeler and Mayor Dillard .......................... NAYS: Hose ................. ~0. BUDGET-PAY PLAN: The City Manager submitted the following report, recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature; *Roanoke. Virginia May 17. 1965 To the City Council Roanoke. Virginia Gentlemen: The following employees are needed for the efficient operation of the City. There are no new employees. Welfare Department - Caseworker. Group IO City Home - Orderly. Group 20 Street Repair - 6 Street Crew Helpers, Group 9, Step 1 Respectfully submitted. S/ Arthur S. Owens City Manager# Mr. St,lief moved that Council concur in the recommendations of th? City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Pond and unanimously adopted. WATER DEPARTMENT-PARES AND PLAYGROUNDS: The City Manager submitted a written report, transmitting a communication from Mr. Sam P. Ne*ms. Superintendent of the Slue Ridge ParRway. advising that in order to he assured of a dependable potable water supply for the Yellow Mountain Campground located on the Hill Mountain Spur or the Blue Ridge Furkmuy it will be necessary to install u pump, controls and miring and plumbing in the Chapel Forest pumping station at un estimated cost of $atOOOe that the United States Department, of the interior, National Path Service is willing to bear this ~xpense, us well us the surcharge rev increased pumping costse but that since the campground is located on city property mhJch is being leased to the Federal Government, the National Path Service does not feel it should be required to pay the SO~ surcharge for consumers outside the city limits, the City Manager recommending that the request~be granted. After a discussion of the matter, Bra Jones protesting that it mould not he fair to other consumers outside the city limits to mahe this exception with regard to the 50~ surcharge, Mr. Stoller moved that the City Attorney be directed to prepare the proper measure approving the request of the National Parh Service foe further consideration of Council. The motion mas seconded by Hr. Garland and adopted, Hr° Jones voting no. STORM DRAl~S: Council having referred to the City Ranager for study amd report a complaint of Mr. Oscar J. Johns, 3819 Salem Turnpike, ~. W.e of a drainage situation at the rear of his property, and having also referred a complaint of residents of the 3700 and 3800 blocks of Salem Turnpike, ~. #., with regard to drainage conditions in that area, to the City Hanager for investigation as to drilling a well to correct the situation, he submitted a written report, advising that apparently as a result of increased development in the area storm water runoff Is now more Intense and troublesomeo homager, no new area is being drained into the natural water course which meanders through the back yards of properties along the north side of Salem Turnpike from a point at Red Fox Drive westerly to Peters Creek, that Red Fox Drive is quite steep and during a heavy storm the runoff builds up sufficient momentum by the time it reaches Salem Turnpike to cover the street, thereby flooding adjacent property, that water which is intercepted by the one catch basin on the south side of Salem Turnpike connected to an old line under the street installed many years ago by the Virginia Department of H~ghuays spews forth a reasonably large quantity of water, again floodin9 adjacent private property, but this is an old situation, not something created by the city in recent times, that the matter of mater covering the street could be controlled by installing a relatively small amount of storm drainage in Red Fox Drive and intercepting the runoff before it gets a staYt at an estimated cost of $6.500 of which Hr. Haury L. Strauss, developer of the adjacent Foxwood Subdivision, has offered to pay approxi- mately $1,000, that Council might aish to consider purchasing the property of Mrs. Cleopa M, Goode, described as Lot 2-D, Block B, Panorama Heights, Official Tax No, 2740312, and install a velocity check thereon so that the water could be diffused before reaching adjacent private properties, but that there is no total solution for the drainage problem other than to install the complete system for which bids mere recently received and rejected at an estimated cost of $31,000 and that he does not recommend the expenditure of $31,000 for a complete system, Appearing in opposition to the proposed alternate or $6,500 mere Mrs. Gleopa M, Goode, Mr. William S, flaupt, President or the Mestuood - Milmont Farms Civic League, Mrs, C. P. Bowling, Mrs, P. Do OeMeese, Mr, #, A, Haynes, Mrs. M. A, Haynes, Hrs, ¥iolo A, Nafr and Mrs. Oscar J, Johns, the residents or Salem Turnpike contending that the proposed alternate will not. help the drainoge problem on their properties. After i further discussion of the matter, Mr, Stoller moved that the question or appropriating $§t500 to install a portion or the storm drain or $31,000 to install the complete system be referred to 1965-66 budget study. The motion mas seconded by Mr. Pollard and unanimously adopted. REPORTS: The City Manager submitted a written report, transmitting a · report or the Department of Public Welfare rot the month or March, 1965. and listing other monthly departmental reports on file in his office, On motion of Mr. Mheelert seconded by Mr. Stoller and unanimously adopted. the report was riled. AUDITS-SCHOOLS: The City Auditor submitted a written report on an examination of the records of the Janes BreckinrJdge Junior High School for the year ending June 30, 1964. advising that,all the records were in order and the statement of receipts and disbursements reflects recorded transactions for the period and the financial condition of the fund. On motion of Mr. Stoller, seconded by Mr. Pollard and unanimously adopted, the report was filed. CITY AUDITOR: The City Auditor submitted a financial report of the Cit~ of Roanoke for the month of April, 1965. Mr. Pollard moved that the report be received and filed. The notion was seconded by Mr. Wheeler and unanimously adopted. WATER DEPARTMENT: Council having appropriated $5,500 in connection with the awarding of a contract to I. M. Stoltzfas for sandblasting and painting the Carroll Avenue Storage Tank in the amount of $100500s and having directed the City Attorney to prepare the proper measure aCcepting the proposal of Mr. Stoltzfos, the City Attorney submitted a written report, advising that while proposals were sought and obtained from several contractors deemed qualified to perform the rather specialized work needed to be accomplished no public advertisement for bids such as is provided for in Sections 40 and 43 of the City Charter was carried in local newspapers prior to obtaining said proposals and that he is of the opinion invitatio~ for bids for the work should be publicly advertised prior to the nmard of a contract therefor. Mr. Stoller moved that Council concur in the recommendation or the City Attorney and that the City Manager be directed to proceed to advertise for bids on the project. The motion was seconded by Mr. Pollard and unanimously adopted. EASEMENTS-SPECIAL PERMITS-ROANOKE GAS COMPANY: Council having declined th, reqoest of the Roanoke Cas Company for a confirmation that its'existing franchise embraces parks, s~reeto and rends of the City of Roue,he even though located outside the city limits amd having Informed the Roanoke Gas Company that th~ body would look w~th faVOr upon perw~tt}ng, the. cowpany to ~os~trec~ aa 8-1ach gas l/em. over property acquired by the City of Roam,he ~or the Mill Mountain Spur tract development, at an annual rate of $.25 per linear foot, the City Attorney submitted · written report, advising that be has been informed by the attorney for the petitioner that upon a restudy of the location of t~e u~dergroend gas pipeline outside the corporate limits of the city · route has been chosen which will make it unnecessary for any portion of said pipeline to be laid in city-owned property situate outside the corporet~ limits, therefore, the ROan,he Cas Company wishes to withdraw its request. Mr. Pollard moved that the report of the City Attorney be filed and that the request,of the Roanoke Gas Company be withdrawn. The motion was seconded by Mr. St*liar and unanimously adopted. PLANNING: The Director of City Planning submitted a written report, for and on behalf of the City Planning Commission, transmitting · revised study of the economic base of the Roan*he Valley, pointing oot that the.report is part Of the planning program of the City of Roanoke and serves as a basis for studies dealing mlth the long-range goals of the community, that it is hoped the report way feasibly portray the economic revival of Roanoke since 1960 and provide valuable information to all who are interested in that gromth. Mr. St*liar moved that the report be r~ceived and fJle~. The motion was seconded by Mr. Pollard and unanJmoosly adopted. PLANNING: The Director of the Roanoke Valley Regional Planning Commission submitted a written report, transmitting a report on Roanoke Valley Open Space, advising that this study constitotea another element of the regional comprehensive plan which it is hoped will be adopted by each of the five participating governing bodies. Mr. St,liar moved that the report be received amd filed. The motion was sec,,dad by Mr. Pollard and uo~eim~usly adopted. REPORTS OF COMMITTEES: SC800LS: Zhe committee appointed to inspect and determine the location of a ~5-acre tract of land located on the west side of Col*mini Avenue, S. R., proposed to be used for the Roanoke Center of the University of Virginia, submitted the following report: 'TO: Members of Roanoke City Council SUBJECT: Conveyance of 35 Acres to University of Virginia On April 19 you appointed a committee composed of Co E. Pond, R. A. St*liar and J. E. Jones to inspect and determine the location of a 35-acre tract of land located on the west side of Colonial Avenue, S. W., proposed to be used for the Roanoke Center of the University of Virginia. This is to advise yom that your committee, along with Milliam Clark, city engineer, and James Taylor, city surveyor, did inspect this tract of laud and found its boundaries clearly marked as shown on ~he attached plot. It is the com- mittee's anderstaudiflg that the land which has been duly surveyed and staked is acceptable to the representatives of the University of Virginia. The cowmittee feels it should call to Couucilts attention that in addition to ~rving oil rights to the existing mater lines and reservoire as well as reserving for the City sufficient land for the widening of Colonial Avenue, that if In the event it bec*wes necessary ns a result of construction or grading to relocate existing water lines and nay other utility lines on · the tract, the cost involved as n result or any relocutlna be psid for by the University of Virginia, S/ Clarence Et Pond C. E, Pond · S! #array A. St*lief R, A. St*lief S/ James £. Jones J. E, Jones, Chairman May 12, 1965' Mr. Jones moved that Council concur in the report of the committee and offered the following Resolution: (~16437) A R£SOLUTION relating to the Clty*s conveyance,of a 35=acre tract of land on the west side of Colonial Avenue, S. M,, to the Rector and Visit* of the University of Virginia, (For full text of Resolution, see Resolution Book No. 28, page 184.) Mr° Jones moved the adoption of the Resolution. The motion was Seconded by Rt. St*lieF and adopted by the foil*wing v~te: AYES: Messrs. Garland, Jones, Pollard, Pond. St*lieF, Rheeler and Mayor Dillard .........................?. NAYS: None .................. AIRPORT: T~e committee appointed to tabulate bids received for the installation of medium intensity lightl~9 for Taxiways 15-33 and 5-23 at Roanoke Mnniclpal (Wu*drum) Airport submitted the following report: "May 13, 1965 To the City Council Roanoke, Virginia Gentlemen: Bids sere received and opened before City Council at its meeting on Monday, May 10, 1965 for the construction of Taxiway Lighting and other appurtenant work at Roanoke Municipal Airport and being more ascertained as part of Project 9-44-012=15o As attached please find a Tabulation Of Bids which shows three (3) bids were received. The low bid was submitted by Cross Electric Company, lac. in the amount of $71,5TI.63. It is recommended by this committee that City Council award this contract to Cross Electric Company, ImCo for the amount of $71,571.63, which will be deducted from money set up in the 1965 Budget under the heading of Capital Improvement Program, Project Title Acquisition of Land and Taxiway Lighting - Project ~ 15. S/ Clarence Et Pond S~ Roy R, Pollard, Srt - Clarence E. Pond, Chairman Roy R. Pollard, $/ Marshall L, Harris 5/ Arthur S, Owens Marshall L. Harris Arthur S. Owens" ~r. Pond mo~ed that ~ouncil concur in therecommendatJon of the committee end offered the following emergency Ordinance: (n16458) AN ORDINANCE providing for the construction of taxi.ay lighting and other appurtenant work at Roanoke Municipal Airport, subject to approval of the Federal Aviation AgeocT{ accepting · certol· prop*sol made tO the Git7 by Cross Electric Company, locorpornted, rot the performonce or said work tad rejecting nil other bids made therefor; n·d providing for an emergency. (For full text of Ordinance, see Ordioonce Bunk No. 28, page 185o) Mr. Pond moved the adoption of the Ordinance. The motion was seconded by Ir. Pollard and adopted ~y the foil*wing vote~ AYES: Messrs. Garland, Jones, Pollard, Pond, St*lief. Nheeler and Uayor Olllsrd .......................... 7, NAYS: Nose .....~ ........... O. SPECIAL PERMITS-STREETS AND ALLEYS: The committee appointed to study the request of owners of a building at 101-103 Campbell Avenue, S. M., for permissio· to encroach on Campbell Avenue. First Street and the alley between Campbell Avenue and Salem Ave·ue. submitted the following report: "Ray 13, 1965 To the Mayor and Members Of the Council of the City of Roanoke Gentle·em: At the meeting of the Council held on May 10, 1965. the request of Mr. A. O. Erlsch, and others, to maintain exam*in9 encroachments of a building on the northwest corner of Campbell Ave·ne and First Street, S. #., was referred to the undersigned for certain lnvestlgatio~ and report to the Council, The street and alley encroachments indicated on the map exhibited to the Council and now on file In the Office of the City Clerk appear relatively minor and are of long-standing, the cost to the *mn.rs for adjusting the same to conform to existing street and property lines would, admftedly° be sub- stantial. We understand, however, that prospective purchasers of the property plan immediately, should permit be granted to continue the existing encroachments, to renovate and enlarge the existing building and to remove the present outside brick veneer and facing, replacing it with new and more modern and attractive materials. This, me believe, would not only add to the value of the present building from the standpoint of its owners but would also, we think, be of general benefit to that section of the down-town City. Accordingly, the undersigned recommend to the Council that qualified permission be given to continue the existing encroach- ments shown on the above=mentioned map and, also, to approve the renovation of the exterior walls of the building so long as the extent of existing encroachments onto public property Is not increased by so doing. Respectfully, S/ Arthur S. Omens Arthur So Owens City Manager S/ J. N. Mincanon James N. £incanon City Attorney# Mr. St*lief moved that Council concur In the recommendation of the com- imittee nad that the fuji*wing Ordinance be placed upon its,first reading: (z16439) AN ORDINANCE authorizing and permitting the encroachment of a certain building,existing on property known as Lot 39, Block 7, Section'l, Official Survey Sheet S. M. #1 (Official Tax No. IO~102g) in, upon and over certoin streets and un alley within the City of Roanoke and the maintenance of such encroachments upon certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke that the City authorize the maintenance and continuance of certain encroachments of an existing building in, upon and over Campbell Avenue, S. W., a distance of O.25 f~otl in, ~pon and over First Street, S, W,, u distance of 0,15 foot, and in the alley between Campbell Avenue, S, M., und'Sal~m Avenue, S, W,, a distance of 0,44 foo~, as such'encroachMents sow exist and are shown on a Map wade by C, H. Malcolm & Son, dated April 30, 1965, for Hen R. Richardson, Attorney for A, O. Erisch, Joel ~rlsch, et al,, u copF of which Map wes fll~d with the aforesaid application and is on file in the ofri~e of the*City ~lerk; and WHEREAS° the prospective purchasers of the above-described property, viz** Joel Rrisch, et al,, being parties to said application, desire'and intend to remove the outer brick veneer and facing on said building and to replace same with new brick and facing and they have requested thatthe Council state that such iMproveMents would not constitute n destruction or removal of said building within the meaning and contemplation of Section 15,1-377 of the '1950 Code of Virginia, as amended; and WHEREA~, the matter was referred by the Council to the City 'Homager and the City Attorney for InveStigation 'and recommendation, and the Cit~ Rnnager 'and City Attorney have recommended that th~ removal of the outer layer o~ brick veneer and facing and the replacement thereof w~th new brick and facing are considered desirable and generally beneficial and should be permitted So long as such improve- men~s do not 'constitute encroachments beyond those presently existing and have recommended that the Council authorize the continuance and maintenance of such encroachments until said building is destroyed or removed, THEREFORE, BE IT OR~AI~ED by the Council of the City of Roanoke that the ~resent *un.rs and their successors in title of property described as 101 and 103 Campbell Avenue, $. H., in ~ald City. otherwise known as Lot 39. Block 7, Section 1, Official Survey Sheet So N. al. and being Official Tax No. lOl102g, be. and they are hereby, authorized to continue to encroach and to maintain encroachments of the existing build'lng on said property in. upon and over Campbe'll Avenue, S. M., a dtstan of 0025 foot; in, upon and over First Street. S0 W.. a distance ~f 0.15 foot; and in the alley between Campbell Avenue. S. M.. and Salem Avenue. S. M.. a distance of 0.44 fO*%, as such encroachments now exist and are shown on a map made by C. B. Malcolm ~ Son ~ated April 30. 1965. for Ben M. Richardson. Attorney for A. O. Krisch. Joel irisch, et al** a copy of which was filed math the aforesaid application and is on file in the office bf the City Clerk. to the extent that such e~cro~chments now exist and' as same appear on said map. unt~l the building on sai~ property is d~stroyed ~r removed; said owners and their successors in title to be. and are hereby, authorized to iiprove the existing building by removing th~ outer layer of brick veneer and facing and replacing same with new brick and faoin~ so long as such removal of old b~ick and replacement with new brick and facing does not constitute encroachments beyond the points as'same now'exist~ and pro'id,d. ~urther. that such'improvements be done and aocomplished in full accordancewlth the building and other requirements provided in the general Ordinances o~'the C~ty. DE IT FORTEER ORDAINED that an attested COpy of this Ordinance. together with a copy of the aforementioned nape ~e. at the request of any aforescJd'appiican! transmitted to the Cl~rk of the Bastings Court of the City of Roanoke. Ylrgialo. to be spread at the cost of such applicant upon the deed books In said office. The notion was seconded by Mr. Mheeler and adopted ~y the following vote~ AYES~ Messrs. Garland. Jones. Follard. Pond. Broiler. Nh,clef and Mayor Dillard .......................... NAYB~ None ................. Oo U~FINISBED B~SINESS: NONE. '' CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF OROINANCES AND RESOLUTIONS~ SALE OF PROPERTY: Council having directed the City Attorney to prepare the proper measure providing for the sale of property located on the south side of Gilmer Avenue. N. N.. between Twelfth Street and Fourteenth Street. described as Lot 11. Block 2..Word Addition. Official Tax No. 2211709. to Hr. George Henry Go,de for $350. he presented same; whereupon. Mr. Bt,Ilar moved that the following Ordinance be placed upon its first reading: (n1644D) AN ORDINANCE authorizing and directing the sale nad conveyance of the major portion of certain property known and described os Lot 11. Block 2. Nord Addition. Official No. 2211709. upon certain terns and conditions. NHEREAS. offer has been made to purchase from the City the undeveloped lot hereinafter mentioned and a committee appointed by the Council to study and make recommendation on the proposal has recommended that the City has no public use for lot other than as hereinafter provided and. accordingly, that the same should be 'aothorlzed 'to be sol'd and Conveyed upon the terms hereinafter mentioned. THE~EFO'RE. BE IT ORDAINED by the Councll nf the City of Roanoke that the proper City Officials be. and they ore hereby authorized and directed, for and on behalf o~ the C~ity. after the preparation by the City Engineer of o plat of the property herein described on which provision shall be made for the reservation and use by the City of the southwestern corner of said lot for public alley purposest to sell and convey to George Henry Go,de and Mildred K. Go,de. husband and wife. or the SUrVIVOr. the remainder of that certain lot situate on the south side of GIImeF Avenue. N. N.. between 12th Street and 14th Street. N. W** described as Lot 11. Block 2. Word Addition. Official No. 221170~. for · consideration of $350.00. cash. to be paid said City upon delivery of a good end sufficient deed of conveyanc. nad, by the Clay containing special warranty of title and upon a form of deed drawn and approved by the City Attorney. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. ~ollard. Pond. Sa,lieF. Wheeler and Mayor Dillard ........... None MASTER PLAN: Council having directed the City Attorney to prepare the proper measure commeudlag Roanoke Jailor Chamber of Commerce, Incorporated for its Community Attitude Survey, he presented same; mhereupon, Rr,,Stoller offered tie following Resolution: (u16441) A RESOLUTION relating to a Community Attitude Survey made by the Roanoke Junior Chamber of Commerce, (For full text of Resolution, see Resolution Rook No, 28, page 186.) Mr. Stoller moved the adoption of the Resolution, The motion was seconded by Me, Pollard and adopted by the following vote: AYES: RessFs, Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .........................?, NAYS: None ..................O, , RUDGET-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, Mro Stoller offered the following Resolution: ~ (~16442) A RESOLUTION authorizing the City Manager to employ certain personnel, (For full text of Resolution, see Resolution Rook No. 28, page lOT.) Hr, Stoller moved the adoption of the Resolution. The motion mas seconded by Mr, Vheeler and adopted by the following vote: AYES: MeSSFS. Garland, Jones, Pollard, Pood, Stoller, Nheeler and Mayor Dillard .......... ~ ..... ~ ......... 7. NAYS: None ..................O, SALE OF PROPERZY-NATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure providing-for the sale of a strip of land and the granting Of a temporary construction easement at the Hollins Pumping Statios to the Virginia Department of Highways for the sum of $?5, in connection with the widening Of Plantation Road, he presented same; whereupon, Mr, Stoller moved that the following Ordinance be placed upon its first reading: (~16443) AN ORDINANCE authorizing the sale ondconveynnce to the Commonwealth of Virginia of a strip or parcel of land 61065 feet long and~14 feet wide situate in Roanoke County on the west side of Plantation Road and of a temporary construction easement over an adjoining 9 feet of land, upon certain terms and conditions, NHEREAS, the Commonwealth of Virginia, Department of Highways, in its widening and improvement of Plantation Road, in Roanoke County, needs to acquire from the City of Roanoke the strip or parcel of land hereinafterde$cribed and a temporary construction easement over certain adjoining land and the City Manager has recommended that the Council authorize the City*s, sale and conveyance thereof to said Commonwealth on the terms and conditions hereinafter provided, THEREFORE, DE IT ORDAINED by the Council of the City of Rosnohe that the Mayor etd the City Clqrk be and they ere hereby authorized and directed, for and On behalf of the City, to qxecutee seal, attest, and ack~owledgeo as the case way be, the Clty°s deed conveying to the Cowwonwealth of Virginia that certain strip or parcel of land 61.65 feet long and 14 feet wide situate on the west side of Plantation Rosdt in Roanoke County, Virginia, Undo also, m tewporary construction easement over n~d adjoining 61.65 by 9afoot,strip of land, said first described parcel being shown colored in red and the second being shown colored in green on a copy of sheet No. 10 of the plans rot State Highway Route 6Ol, FroJect 0601-00D-119 C-501t on file in the office of the City Clerk, said conveyance to be wade upon consideration of the saw of $?S. OD, cash, to be paid by the Cowwonwealth of Virgini~ to the City of RoanoRe upon delivery of the deed of conveyance, approved as to forw by the City Attorney, the Comwonwealth of Virginia to agree, further, to reimburse said City for all of. Its costs incurred in adjusting said Clty*s water lines on its pumping station property, necessitated or deemed desirable to be wade by the City by reason of the aforesaid conveyance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs, Borland, Jones, Pollard, Pond, Stoller. Wheeler and Mayor Dillard .........................7. NAYS: None ..................O, MOTIONS AND MISCELLANEOUS BUSINESS: DUDGE~ :The Budget Commission subwittea its recommended budget for the City of Roanoke for the fiscal year beginning July 1, lq65, and ending June 30. lq66. Mr. Mheeler moved that the proposed budget be received. The motion was seconded by Mr. Stoller and unanimously adopted. Mr. Stoller then moved that Council hold its first budget study session at 7:30 p.m., May 20, 1965, The motion sas seconded by Mr. Pollard and unanimously adopted. STREETS AND ALLEYS-WATER DEPARTMENT: Council having set a public hearing for 2 p,w,, June 14, 1965, on the application of the Roanoke Hospital Association to vacate, discontinue and close certain portions of Bell*view Avenue, Lake Street and Hamilton Terrace, S. E., adjacent to and/or in front of the Roanoke Memorial Hospital, in connection with the proposed expansion of Roanoke Memorial Hospital, Mr. Jones moved that the question of possible damages to the Crystal Spring water supply as a result of the proposed addition to the Roanoke Memorial Hospital and the relocation of the above streets be referred to a committee composed of Messrs. Roy R. Pollard. ir., Chairman, Clarence E, Pond, Vincent S, Nheeler, Arthur So Owen* and Joseph A, Brogan for study, report and recommendation prior to the public hearia The motion was seconded by Mr. Stoller and unanimously adopted. On motlo~ of Hr. Jones, seconded by Mr. Pollard end unsnlaously odopted, th:' meet'Jug uns ~dJournedo APPROVED ATTEST: JCJty Cler~ Mayor COUNCIL, SPECIAL MEETING, Wednesday, May 19, 1965, The Council of the City of Ronnoke met in special meeting in the Audit*tin ut the City*s Health Center, Wednesday, May 19, 1965, at 7:30 p,m** for the purpose of continuing the public bearing on the proposed Zoning Ordinance to review the Ordinunce in general permitting the Roan*be Bmr Association, und Shenandoah Life Insuronce Company representatives an opportunity to be heard, PRESENT: Councilmen Robert Ae Garland, Boy R, Pollard, Sro, Clarence E, Pond, Murray A. Stoller and Mayor Benton O. Dillard .............................. 5o ABSENT: Councilmen James E, Jones end Vincent S. Rheeler ..............20 OFFICES5 PRESENT: Mr. James N. iincanon. City Attorney. ZONING: Council having continued its public hearing until ?:30 May 19, 1965, on the proposal of the Roanoke City Planning Commission to adopt an Ordinance amending in its entirety Chapter 4, of Title IV, of The Code of the City of Roanoke, 1956, as presently amended, relating to Zoning, thereby amending. supplementing, changing or modifying all of the regulations, restrictions, boundarie and districts provided for in said chapter or shown on the Zoning Plan referred to in Section I of said chapter for the purpose of reviewing the Ordinance in general permitting the Roanoke Sar Association, and Shenandoah Life Insurance Company representatives an opportunity to be heard, the matter was before the body. Mr, ~illiam b. Hubard, Attorney, representing Shenandoah Life Insurance Company, appeared before Council in opposition to the proposed zoning of the Companyes property as Single Family Residential District - RS-3 requesting that it be zoned as Office and Institutional District - C-I. After a discussion of the question, Mr, St*liar moved that the matter be taken under consideration. The motion was seconded by Mr. Pollard and unanimously adopted. The City Attorney advising that the preamble of the proposed Ordinance does not base Its authority for enactment on provisions of the City Charter as well as the State Law, Mr. St*liar moved that the matter of amending the preamble of the proposed zoning Ordinance to provide that its enactment be in accordance with the authority provided in the City Charter and State Law be referred to the City Att*rna The motion was seconded by Mr. Pond and unanimously adopted. On motion of Mr. Pond, seconded by Mr. Pollard, the hearing was continued until June 16, 1965, at 7:30 p.m., in the Auditorium of the City's Health Center. A P P R 0 V E D /City Clerk Mayor COUNCIL, REGULAR MK£TING, Monday, May 24, 1965, The Council of the City of ROanoke met' la regu~nr'meetia~ in the Council Chamber In the Municipal Building, Monday, May 24, 1965, ut 2 p.m** the regular meeting hour, with Mayor Dillard presiding, PRESENT: Councilmen Robert A, Garland, J~nes E. Jones, Roy R. Pollard, Sro, Clarence E, Pond, Murray A, Stoller, Vincent'S, Nheeler and Mayor Benton O. Dillard ................................. 7. AOSENT: None .................O. BVFICERS PRESENT: Mr. Arthur S. Owens, City Mnnage~. Mr. James N. Elncnnon, City Attorney, and Mr. J, Robert Thomas, City Auditor. INVOCATION: The'meeting was opened mltb a prayer by Major James Blpps, Salvation Arm~, WIMBLES: Copies of the minutes of the regular meeting held on Monday, May 3, 1965, and the special meeting held on Wednesday, May 5. 196§, having been furnished each member of Council, on motion of Mr. Stoller, seconded by Mr, Pollard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZEN5 UPON PUBLIC MATTERS: TRAFFIC ENGIN£ERING ~ND COMRUNXCATIONb: Pursuant to,notice of advertise- ment for bids on furnishing 16,000 feet of communication cable,,said proposals to be received by the City Clerk until 1:30 p.m., Monday. May 24, 1965. and to be opened at 2 p.m** before Council, Mayor ~illard 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 bl~s; whereupon, the City Clerk opened and read the following bids: Bidder Unit Price Noland Company, Incorporated - $535 m ft. Graybar Electric Company. Incorporated - 537 m itu G~neral Electric Supply Company - 6?? m ft. Mr. 5toller moved that the bids be referred to a committee composed of Messrs. Roy Ro Pollard, Sro, Chairman, Bueford B. Thompson and Alfred Beckley, Jr** for tabulation, report and recommendation to Council, the City A~torney to prepare the proper measure in accordance with the recommendation of the committee. The motion was seconded by Mr. Pond and unanimously adopted. PARKS AND PLAyGROUNDS-GARBAGE REMOVAL: A delegation o~ members of the Southeast Civic League appeared before Council, with Mr. Lawrence R. Snell, President, acting as spokesman, and complained of fly ash from the City Incinerator, Mr. Noell stating that residents in the southeast section were not bothered by fly ash until alterations and additions to the City Incinerator were started a few years ago. that the fly ash corers their homes, their cars and their laundry, that residents with respiratory ailments are adversely affected, that the condition is in violation of the air pollution control lams of the city and that their complaints to Individual members of Council and city officials hove not been ansmered. Among those speaking in opposition to the fly ash mere Mrs. T. E. POison, Mr. Re Ge Perdne, MFe J. E. Dudley, Mr. A. V. Hnmleyo Mr. C. F. Kornes nnd Mr. W. Grunt Mils*ri. In this connection, the City Munnger submitted a communication from Embank, Caldmell and Associates, Architects and Euglneers, outlining the status of plans for moth in ~he storage bin, re-electrification of the hoist and placing the sc*lc at the City ~nclnerntor, and advising that at present i~ would appear that by the first of June or certainly by the middle of June all of these objects should Mr. Pond read the foliom~ng prepared statement: 'l bare been on Cl~y Council for T months, a~d during that time we have discussed inadequacies of the incinerator several times. Me employed Greeley and flansm, Consulting Engineers, Chicago, to inspect our incinerator and suggest modifications to improve its operation. They submitted a report in February 1965 suggesting certain changes. These were referred to Eubank, Caldwell and Associates to draw up specifications, after which the plans mould be, submitted for bids. A $60,OOOapproprlation to cover this work was authorized at our Council meeting March 8, 1965. So far, the specifications have been completed but there will be some time before these modifications are accomplished. The changes recommended by Greeley amd Hansen consisted essentially of installing furnace damper controls, recording pyrometers, enlarging the charging boppers, obtaining certain repair parts for the hoist, changing the contact system for the crane,,and modifying the cross-section,of the garbage pit. At the best, these modifications would not eliminate the fly ash discharge from the stack, but should reduce it somewhat and would make the operation more efficient, I have personally inspected the East Gate landfill and we hare very little capacity left for ram garbage dumping. Besides, the cost to the City of a landfill operation is about twice that of disposing of garbage by means of an incinerator. the completion of the proposed modifications, and then if the emission of fly ash from the stack is not reduced to an acceptable amount at that time, ~e must move quickly to install Mr. Garland voiced the opinion that Council should proceed with the instal, lation of a sprinkler system to end the fly ash problem once and for all, but Mr, Wheeler, Chairman of the Incinerator Committee, replied'that'this would cost approximately $100,000 and could not be guaranteed. The matter having been discussed at length. Mr. Pond moved that a Special Incinerator Committee composed of Messrs. Clarence E. Pond. Chairman, J. H. Hahn, appointed to supplement the work of the existing Incinerator Committee and to .accelerate the completion of the modifications to the City Incinerator at 'an early HUDGET-flURRELL MEMORIAL HOSPITAL: Mr. Arthur Taubman appeared before Council, advi.stng that 2,593 days of care were rendered to certified charity pat'ient~ at the Burrell Memorial Hospital during the last fiscal year from October 1, 1963, through September 30, 1964, that the hospital mas paid at' the rate or $20,90. but that the annual audit revealed the cost for' said period to be $23,27 per diem and requested n supplemental payment of the difference of $6,145,41 nad that the per diem rhte in the contract be established nt $23,2? tar billing for the current fiscal fear, Mr, Tnubmsn also requesting that appropriations for hospitalization be amended' to provide rot an adjustment at the end of each fiscal year based on the annual audit figure and that the City Auditor be authorized to make' supplemental payment for the difference upon receipt of proper certification by the hospital. Mr. Stoller moved that Council concur in the request for the'supplemental payment and the establishing of the per diem rate at $23,27, but that action on the request for providing for an adjustment at the end of each fiscal year be deferred. and moved that the matter he referred to the City Attorney for preparation of the proper measure, The motion mas seconded by Mr, Nbeeler nnd unanimously adopted, PETITIONS AND COMMUNICATIONS: ZONING: A cosmnnicatlon from Mr, Earl A. Fitzpatrick. Attorney, repre- senting Roanote Nehi Dottling Corphrotion. requesting that property located on the south side of Melrose Avenue. N. #,, betueen Thirty-first Street and Thirty-fifth Street. described as Lot 5 and part of Lots ~-8, Inclusive0 Tract B, Markely Map, Official Tax Nos~ 2660414, 2660413, 2660412 and 2660411. be rezoned from Business District to Light Industrial District. was before Council. On motion of Mr. Stoller. seconded by Mr. Pollard and unanimously adopted the request was referred to th~ City Planning Commission for study, report and recommendation to Council. INVITATIONS: A communication from Hr. Henry N. Maier, President of the National League of Cities, inviting the officials of the City of Roanoke to attend the Congress of Cities to be held in Detroit, Michigan, July 24-28. 1965, mas before Council. It being the opinion of Council that as many of its members as cam will attend the conference, Mr. Stoller moved that the commuulcation be fil~do The motion was seconded by Mr. Mheeler and unanimously adopted., RUDGET-SCROOLS: A communication from the faculty of Monroe Junior High School, requesting that Council restore funds removed from the 1965-66 school bodge~ by the Roanoke City School Board at the request of the Budget Commlnsion or do no less than approve the hedger os presented to Connctl hy the Budget Commission, was before the body. On motion of Mr. Stoller. seconded by Mr. Pollard and unanimously adopted, the communication mas filed. BUDGET-HEALTH DEPARTMENT: A communication from the Roanoke Chapter of the Virginia Association for Mental Health, Incorporated, asking that Council 1oo~ with favor upon the request of the Health Department for funds to employ a Nursing Supervisor and u Health Educator in its lg~5-65 budget, mas before the body. On motion of Mr, iheeler, seconded by Mr. Pollard and unanimously adopted, the matter mas referred to budget studyo REPORTS OF OFFICERS: BUD6ET-CITY ATTORNEY: The City Manager submitted a written report, recommending that ST?s be transferred from Fees for Professional and Special Service to Office Furniture end Equipment -Nem under Section #4, UClty Attorney** of the 1965 budget, to provide for the purchase of dictaphone equipnent necessary for the use of that office. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the, following emergency Ordinance: (~16444) AN ORDINANCE to amend and reordain Section =4, "Attorney,u of the 1965 Appropriation Ordinance, nod providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, page 190,) Hr. St*lief moved the adoption of the Ordinance. The uotiou was seconded by Hr. Mheeler and adopted by the following vote: AYES: gessrs. Garland, Jones, Pollard, Fond, St*Il*r, ~heeler and Mayor Dillard .......................... 7. NAYS: None ..................O. BUDGET: The City Manager submitted the following report, requesting that department heads be given an opportunity to present their views concerning their needs in consideration of the proposed budget for 1965-66 and advising that he cannot agree to recommend a salary raise for one group unless other city employees are assured like treatment: #Roanoke, ¥trginln May 24, 1965 To the City Council Roanoke, Virginia Gentlemen: You have received the Budget Commissionts Report for the recommendations covering the period from Jone It 1965, to June 30, 1966. ! have signed the report, but there are certain items on which I disagree and believe should be brought t6 your attention. The department heads had many requests in the budget in the judgment of these competent men were needed, in order to operate the City efficiently during the fiscal y~nr. Several did not have an opportunity to present their views coocerniog the needs, while others who had items deleted from tho budget have asked me to make an appeal to you that they be given an opportunity to Justify their request. I believe that yea should listen to any department head, who In his discretion budget. The recommended appropriations for the schools are con- curred in by me and I am of the opinion the school board should be given latitude in operating its affairs, There is included in the budget, salary raises for school personnel, whereas the rematning employees Of the City Government were recommended for Respectfully submitted, S/ Arthur 5. Owens City Manager* Mr, Stoller moved that Council concur in the report of the City Manager, The motion mas seconded by Mr, MEeeler and unanimously adopted, EASEMENTS-SEWERS AND STORM DRAINS: The City ~annger submitted a written rep*rat advising that Wells Furniture Compnny, Incorporated, bus offered to grant certain easements.to the city for the sum of $500, in connection with the instal° litton of t chlorination unit ut the Sewage Treatment Plant, nnd recommended that the offer be accepted, Mr, Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (m16445) AN ORDINANCE providing for the Cityt$ acquisition of certain easements from Nulls Furniture Company, Ina,, relating to the use and operation of the Sewage Treatment Plant; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 29, pagelgl,) Mr, St*lief moved the adoption of the Ordinance. The motion was seconded by,Mr. Wheeler and adopted by .the following vote: AYES: ~Messrs, Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... NAYS: None ..................O, TRAFFIC: The City Manager submitted a written report, transmitting a request of Downtown Roanoke, Incorporated, that Kirk Avenue. S. W.. between Jeff.rna Street and First Stceet, be closed.from 8 a.m. to $ p.m., Saturday, June 12, 1965. in connection with the Oatdoor Art Exhibit, and recommended that the request be qrauted. 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 NUISANCES: Council having referred the complaint of ,residents in the vicinity of the Rebel Cycle Center, 2419 Milllamson Road, N. £., with regard to noise caused by motorcycles and racing of ,the motorcycles on Courtney Avenue all through the night, to the City Manager for investigation with the Superintendent of Police, the CltyManager submitted a written report, advising that the noise has been curbed somewhat and that he has been assured by the operators of the business that every effort will he made to curtail the no'Is. In the future. Appearing in opposition to the noise caused by the motorcycles were Mr. R. E. $cruggs. Mrs. L. C. Farlss a~d Mrs. N. Z. Nailers, Mrs. Walters conceding that the situation has improved a little bit in the p~st two Weeks because those involved huew they were being watched, but predicting that the situation will he as bad as ever if the Police Department relaxes its vigilance, and charging that there are overnight parties at the establishment ~n Friday n~ghts at which free liquor served and mhich are attended By people who are trash. Mr. Barry N. Lichtenstetn, Attorney, representing the Rebel Cycle Center, stated that he would like to know the names and addresses of the people Mrs. Walters has called trash, that the operators of the Rebel Cycle Center have put mufflers On the motorcycles in an effort to reduce the noise and that th~mill continue their efforts, After a further discussion of the matter, Mr. Stoller moved that the report of the City Haaager he filed and that he be directed to continue surveillance cf the Rebel Cycle Center. The motion mas seconded by Hr. Mheeler and unanimously adopted. DCDGET-PARRS AND PLAYGROCNDS: The City Manager submitted a written report, advising that an appropriation of $225 mill be required to complete docks forthe boats at the Roanoke Transportation Museum and that an appropriation of $1,500 will be required to complete the.placing of a missile in the Museum, mhich is now on route. Mr. Garland moved that Council concur In the request of the City Manager and offered the following emergency Ordinance: (~16446) AN ORDINANCE to amend and reordain Section alii, 'Recreation, Parks and Recreational Areas,# of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28° page 192.) 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, Pond, St*lieF, Wheeler and Hayor Dillard .......................... NAYS: None ................. Oo SALE OF PROPERTY: The City Planning Commission submitted the following report in connection with the offer of Mr. Thomas Lee Hutson to purchase that portion of a 2q-acre tract of city-owned land fronting llq.20 feet on the west side of Robyn Road. S, W., and extending to a depth of 200 feet: 'May 20, 1965 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The City Planning Commission considered this request during its regular meeting of May 19, 1965. It was learned that Mr, flutson is contemplating the use of the land, which he is trying to acquire from the City, to construct a residential building. After due consideration of this request, the Planning Commission concluded that it Would not. be advisable to dispose of any park property. The subject portion may be needed as means of access to the existing park land, as it can be assumed that this public open space area will be developed in the future as an active recreation area. In the absence of a development plan for this poblic area, no land should be sold for private development. The Planning Commission, therefore, recommends that the subject property not be sold or otherwise dispose of. Very truly yours~ $/ Harmer Ko Sensbach Henry B. Boynton Chairman* Mr. Mheeler moved that the report of the City Planning Commission be referred to'a committee composed of #essrs. Arthur S. Owens, Cboirmsne James Klncanon, J; Robert Thomas and Roy R, Pollard,'Sre, for its information in con- *action with its ttudY of the offer of Mr. Hdtsou, The motion mas seconded by MFo Pollard nad unanimously adopted. STREETS AND ALLEYS: Comncil having referred to the City Planning mission for study,'report and recommendation the ~equest of Johnson-Carper Furnltur, Company, Incorporated, that a portion of Mississippi Avenue, N, E., be vacated, discontinued and closed, the City Planning Commission submitted a written report, recommending that the request be granted. Mr. St*lieF moved that a public hearing on the matter be held at 7:30 p.m** Tuesday, July 60 1965. The motion was seconded by Mr. Pond and unanimously adopted. REPORTS OF COMMITTEES: NONE, UNFINISHED BUSINESS: NONE. CONSIDERATION OF Ct. AIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORHINANCES AND RESOLUTIONS: SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No. 16439, granting permission to the omners of 'a building at 101-103 Campbell Avenue, So ~., to encroach on Campbell Avenue, First Street and the alley between Campbell Avenue and Sale~ Avenue. having previously been befSre Council for its first reading, read and laid over, was again before the bodyt Mr. St*Ilar offering the foil.win9 for its second reading and final adoption: (n16439)' AN ORHINANCE authorizing and ~ermtttin~ the encroachment of a certain building existing on property ha*wa as Lot 39, Block 7, Section 1, Official Survey Sheet S. W. ~1 (Official Tax No. 1011029) in, upon and over certain streets and an alley within the City of Roanoke and the maintenance of such encroachments upon certain conditions. (For full text of Ordinance, see Ordinance Book No. 28, page 187.) Mr. St*lieF moved the adoption of the Ordinance. The motion' was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, ~ones, Pollard, Pond, St*lieF, Mheeler and Mayor Dillard ......... ~ ..............T. HAYS: None ................. O. SALE OF PROPERTY: Ordinance No. 16440, providing for the sale of propert~ located on the south side of Oilmer Avenue. N. M., between Twelfth Street and Fourteenth Street, described as Lot 11, DlocR 2, Word Addition, Official Tax No. 2211709, to George Henry Go*de and Mildred R. Go*de, for a consideration Of $350, having previously been before Council'for its first reading, read and laid over, was again before the body, Mr. St*liar offering the following for its second reading and final adoption: (n16440) AR ORDINANCE cotkorlulog *nd directing the sole *sd convey*nee of the moJor portion of certain property ko*mn *nd described ns Lot 110 BI.ok Nord Addition. Official No. 2211709, upon certoln terms *ad conditions. (For full text of Ordlnucce, see Ordinance Book Ho. 28, pure 189.) Mr. Stoller moved the adoption of the Ordinance. The motion mas seconded by Mr. Rheeler nad adopted by the followiog vote: AYES: Ressrs. Garland, Jones, Poll*rd, Pond, St*lief, ~heeler *cd Mulct Dillard ...................... 70 NAYS: None .................. O. SALE OP PROPERTY-RATER DEPARTRERT: Ordinance No~ 16443. authorizing the sale of a strip of land and the granting of u temporary construction easement at the Hollins Pumping Station to the Virginia Department of Nighwoys for the suw of $?5, in connection with the uidening of Plantation Road, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. St*lief offering the following for its second reading and flnnl adoption: (e16443) AN ORDINANCE authorizing the sale and conveyance to the Common- wealth of Virginia of a strip or parcel of land 61.65 feet long and 14 feet wide situate in Roanoke County on the west side of Plantation Road and of · temporary construction easement over an adjoining g feet of land, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No, 26. page Hr. St*lief moved the adoption of the Ordinance. The notion was seconded by Mr. [heeler and adopted by the following vote: AYES: Nessrs. Garland, Jones, Pollard, Pond, St*lief. Nheeler and Mayor Dillard ......................... NAYS: None ..................O, TRAFFIC-ALCOHOLIC BEVERAGES: Council having directed the City Attorney to prepare the proper measure authorizing the employment of registered nurses to administer blood tests under the #Implied Consent Law.~ he presented same. Nr, St*liar moved that adoption of the measure be held In abeyance until the Supreme Court of Appeals of Virginia rules on cases presently pending. The motion failed for lack of u second. Mr. Garland then offered the following Resolution: (n16447) A RESOLUTION authorizing the temporary employment cf certain registered nurses or other qualified pars*ustc administer tests provided for in Chapter 240 of the 1964 Acts of Assembly of Virginia. (For full text of Resolution, see Resolution Book No. 26. page 192,) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Hr. Pond and adopted by the following vote: AYES: Ressrs, Garland, Jones, Pollard, Pond, Nheeler and Rayor Dillard ............................. NAYS: Mr. St*lief ...........1. In this coanechi0n. Council having requested the City Manager for an estlwste or the cost of carrying out the new system° be subuitted the following report: *Rosa,he. Virginia May 24. 1965 To the City Council Roanoke. Virginia Gentlemen: The City Attorney bas prepared a resolution authorizing the temporary employment of certain registered nurses or other qualified persons to sdulnister tests provided rot in Chapter 240 of the 1964 Acts of Assembly of Virginia. ! suggest the following amendment to Section ~60. Police Department. of the 1965 budget, which would enable us to operate this function until June 30. 1965: $250 to Fees rot Professional and Special Services $700 to Insurance $100 to Operating Supplies and Materials Sufficient funds will be provided In the 1965-66 fiscal year for the continued operation of this department. There is no additional cost of preparing the room in the Municipal Annex. other than incidentals for cleaning, renovation and building a partition. Respectfully submitted. S/ Arthur S, Omens u City Manager~ The City Auditor pointing out that the funds should be appropriated to the Health Department budget ~ather than the Police Department budget, Mr. Garland offered the following emergency Ordinance: (~16448) A~ ORDINANCE to amend and ~eordain Section a40, "Health Department,' of the 196§ Appropriation Ordinnnc~, and providing,for an emergency. (For full text of Ordinance, see Ordinance Book No. 20,'page lg3.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote, Mr. Stoller protesting that the amount appropriated is insufficient: AYES: Messrs. Garland, Jones, Pollard, Pond, ~heeler and Mayor Dillard .............................. 6, NAYS: Mr. Stoller .......... 1. BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in various monicipal departments since they are of an emergency nature, he presented same; ~e~cupon, Mr. Stoller offered the following Hesol~tion: (~1644g) A RESOLUTION authorizing th'e City* Manager to employ certain personnel, (For full text of Resolution, see Resolution Book No. 26, page lg3.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the following vote: ¸ 24 AYES: Messrs. Garland, Jo*es, Pollard, Pond, Stoller, Mheeler add Mayor Dillard ................ ~ ....... ?. NATS~ None ................. O, lATER DEPARTMENT-PAgES AND FLAYGiOUNDS: Council having directed the City Attorney to prep*re ~he .proPer measure authorizing the installation of u pump, controls end wiring and plumbing in the Chapel Forest Fompfeg Station ot on estimate cost of $3,0000 said cost to be borne by the United States Department of the Interior, National Park Service, in order to assure a dependable potable mater supply for the Yellow Mountain Campground located on the Mill Mountain Spur of the Blue Ridge Parkmayo end waiving the 50~ surcharge for consumers on*side the city limits, he presente~ same; whereupon, Mr. Broiler offered the following Resolution: #A RESOLUTION approving the Cityts s~pplyJng of water to the Blue Midge ParkuayOs Yellow Mountain Campground area and authorizing the City Manager to advertise for bids for the installation of additional pumping equipment at the Chapel Forest Pumping Station. MHEREAS, authorized representatives of the Blue Ridge Parkway, National Park Service, have requested that the City provide the means of supplying potable mater for ns* in the Blue , Ridge Parkwoy*s Yellow Mountain Campground area, lo~ated near Chapel Forest off of the Mill Mountain Spur of the Bl~e Midge Parkmey, and have offered to reimburse the City the cost of installing additional pumping facilities at the Chapel Forest Pumping Station necessary for the supply of water to said campground area, and the City Manager has recommended the approval of said request on the terms and conditions herein- after provided. THEREFORE, BE XT RESOLVED by the Council of the City of Roanoke that the City, through its Mater Department, do enter into con,FaCt with the United States or its appropriate department or agency for the supply of potable water from the City*s public water distribution system to.the Blue Ridge Parkway*s Yollow Mountain Campground, adjoining Chapel Forest, said water to be supplied through a meter to be installed on or near Fordha~ Road, in the City, and at the rates prescribed in Section 5, Chapter 1, Title XII of the Code of the City of Roanoke, lUSh, service to be commenced at the convenience of · the aforqsatd applicant and after formulation of an application or contract for such service in accordance with the Rules of said Clty*s Mater Department and the provisions of this resolution. BE IT FURTHER RESOLVED that*he City Manager do forthwith cause plans and specifications to be drawn and prepared for the installation of an additional new 80-gallon per minute electric water pump and related electrical, plumbing, and control equip- meat to be installed in the Chapel Forest Mater Pumping Station; to publicly advertise for bids returnable before the Council for fornishing and Installing said new equipment; and to make such further reports and recommendations on the matter to the Council as he may deem appropriate.' Mr. Stoller moved the adoption of the Resolution, The motion mas seconded by Mr, Pollard and lost by the following vote: AYES: Messrs.' Garlaud, Pollard and Stoller NAYS: Messrs. Jones, Pond, Wheeler and Mayor Dillard ...........' ....... 4. Mr. Stoller then moved that the matter be referred back to the City Attorne for preparation of the proper measure aothorlzing the installation of a pimp, controls end wlrlhg and plumbing in the Chape~ Forest Pumping Station at un estimated cost of $3,000, said cost to be borne by the United States Department of the Interior, National Park Service, bat requiring payment of the 50~I surcharge. The motion was seconded by Mr. Wheeler and unanimously adopted. ROTIONS AND MISCELLANEOUS BUSINESS~ TRAFFIC-SCROOLSg Mrs Mheeler informed Council ~hat n child from the Hnleigh Court Elementary School was strnch nnd injured by an automobile mhile crossing the intersection of Hrandon Avenue and Grnndln Road, S, R,, today at noon, ltd moved that the matter of installing c pedestrian traffic signal ct the inter- section to be operated during certain hours for the protection of students attending Patrick Henry High School and Raleigh Court Elementary School be referred to the City Manager for study end report as to the estimated cost. The motion mas seconded by Hr. Stoller end unanimously adopted. LEGISLATION-CITY CHARTER: All of the members of Council, except Hr. Nh*el*r, having submitted nominations for the Charter Study Commission previously authorized by the body, Mr, #heeler placed in nomincotion the name Of E, Griffith Dodson. Jr. Mr. E, Griffith Dodson, Jr., was elected as a member of the Charter Study Commission by the i,ll,ming vote: FOR RR. DODSON: Ressrs, Garland, Jones, Pollard. Pond, St,Il,r, Rheeler and Mayor Dillard ......................... 7. Mr. Garland moved that Mr. Thomas D. Rutherfoord be named as Temporary Chairman of the Charter Study Commission. The motion was seconded by Mr. Jones and unanimously adopted. Mr. Garland then offered the foil*ming Resolution naming the members of the Charter Study Commission: (x16450) A RESOLUTXON appointing the members of the 1965 Charter Study Commission heretofore provided for by Resolution No. 16397. (For full text of Resolution, see Resolution Rook No. 28, page 194.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. St*liar and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, St,lieF, Wheeler and Mayor Dillard ......................... NAYS: None ................ O, In this connection, Mr. St*liar moved that the report of a committee composed of Messrs. James E. Jones, Chairman, Roy Rheeler, recommending certain changes in the City Charter, as presented to Council on December 9, 1963, be referred to .the 1965 Charter Study Commission for its information. The motion was seconded by Mr. Garland and adopted, Mayor Dillard voting no. COUNCIL: It was brought to the attention of Council that its next regular meeting falls on May 31, 1965, a legal holiday under the provisions of the City Code. Mr. St*liar moved that Council hold its next regular session at 2 p.m., June 1, 1965. The motion was seconded by Mr. Wheeler and unanimously adopted. On motion of Hr, Pollnrdo seconded by Mr, Gsrlcnd and uncnSmouslF edoptedo ATTEST: APPROVED the meeting mis cdJoureed. COUNCIL, REGULAR Tuesday, Jane 1. 1965, The Council or the City or Roonoke met in regular meeting in the Council Ckamber in the Municipal Building, Teesday, June 1. 1965, ut 2 p,m,, the regular meeting hour, mith Mayor Dillard presiding. PBESENT: Councilmen Robert A. Garland, Roy R. Pollard, Sr., Clarence Pond, Vincent $. Mheeler and Mayor Benton O. Dillard .......................... $, ABSENT: Councilmen Janes E. Jones and Hurray A, St*liar ..............2, OFFICERS PRESENT: Mr. Arthur S. Omens. City Hanager, Hr. James N. Bincanon. City Attorney, and Mr. J. Robert Thomas City Auditor. INVOCATION: The meeting mas opened with a prayer by the Bight Reverend Mo Ho Marsion, Bishop of the Diocese of Sou,bm*stern Virginia. MINUTES: Copy Of the minutes Of the regular meeting held on Monday, May 10, 1965, having been furnished each member of Councils on motion of Mr. Pollard, seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed mith and thb minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITION5 AND COMMUNICATIONS: BUDGET-BRIDGES: Council at its meeting on March B. 1965, having adopted Ordinance No. 16317, transferring $20,000 appropriated for a low-water bridge at Buzzard Rock Ford to the Incinerator account, a communication from Hr. Lawrence Noell, President of the Southeast Civic League, raising the question as to when the League can expect work to begin on the lom-mater bridge, mas before the.body. In this connection, Mr. No. Il appeared before Council and requested that funds for the project be included in the 1965-66 budget. , On motion Of Mr. Garland, seconded by Mr. Wheeler and unanimously adopted, the matter was referred to budget study. PURCHASE OF PROPERTY-SCHOOLS: A communication from Mr. A~ F. Fisher, Clerk of the Roanoke City School Board,,advistng that the City of Roanoke Redevelop- sent and Housing Authority has offered to sell property located at the corner of Fourth Street and Gllmer Avenue, N. E., adjacent to the Gllmer Elementary School, to the Roanoke City School Board for $4,200, but that present plans for the Gilmer Elementary School call for its abandonment when a new junior high school is built in the northwest section and Booker T. Mashing,on Junior High School becomes an ,elementary school; therefore, the School Board has no need for the property and is forwarding the offer to Council for its information and consideration, was before the body. Mr. Garland moved that the offer be referred to a committee composed of Messrs. Arthur S, Owens, Chairman, James N, Kincanon, J. Robert Thomas and Roy Pollard, Sr., and to the City Planning Commission for study, report and recommenda- tion to Council. The motion mas seconded by Hr. Hheeler and unanimously adopted. 28I STREETS.AND ALLEYS: A petition o! Hr. Evans Ho Jesse,, Attorney, representing John,J, Russell, Bishop o! the Rouen Catholic Diocese of Richmond, requesting that Harrison Avenue, N. i,, be vacated, discontinued and closed ia i westerly direction frou North Jefferson Street to Gainsboro Rood, was before Council On u~tJon or Mr.. Hhee~er, seconded by Mr. Pond and unanimously od,pt,d, the request was referred to the City Planning Comalssion for study, report and recommendation to ~ouncll. Ir. Garland then offered the following Resolution providing for the, appointuent of viewers in connection with the application: (m16451) ~ RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application or petition of John J. Russell, Bishop of the Roman Catholic Diocese of Richmond, Virginia, to permanently vacate, discontinue and close a certain portion of an undeveloped and unimproved street known as Harrison Avenue, N. W., which is approximately 60 feet in width and extends approximately 300 feet in a westerly direction from North Jefferson Street to Calash,Fo Road, N., W. (FOr full text of Resolution, see Resolution Book No. 28, page 194.) RFc Garland moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: , Messrs. Garland, Pollard, Pond, Wheeler and Mayor ~illard ........ NAYS: None ........................~ ................. ~ ................. O. (Messrs. Jones and St,liar absent) SPECIAL pERMIT~-~YR[ETS AND ALLEYS: A petition of Mr. F. Rodney ritz~ patrick, Attorney, representing Messrs. John E.reit Birchfleld and Harris Birchfield, requesting permission for their building located at-Ill4 FonrtbStreet, S. Mo, to encroach a distance of 0.15 foot on an alley for the remaining life of ,such building, was before Council. Mr. Garland moved that the matter be referred to a committee composed of Messrs. Arthur S. Owens, Chairman, James No Kincaflon and William F. Clark for study, report and recommendation to Council,,the attorney for the petitioners to prepare the proper measure authorizing the encroachment if the committee so re~ommends. The motion was seconded by Mr. pondand unanimously adopted. TAXES: A communication from ir.,Cecil Simmons, requesting that he be given special consideration in payment of real estate taxes due to his financial condition, was before Council. On motion of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the communication was filed. BUDGET-SCHOOLS: A communication from Mrs. N. B. Arnold, President of the Oakland Parent-Teacher Associatiou, advising that the Executive Board of the Oakland Parent-Teacher Association has voted to support a Resolution adopted by the Executive Board of ~he Raleigh Court Elementary Parent-Teacher Association in favor of the entire budget as submitted by the Roanoke City School Board to the Budget commission, was before Council. OR motion of Mr. Pollord, seconded by Mr, Wheeler and unanimously adopted, the Communication mos filed, SCHOOLS: A communication from Dr, L. E. Paxton, advising that his term a member of the Roanoke City School Board does not expire until June 30, 1966, hut he finds that be*lab and circumstances over which he has very little control bare forced him to request that he be relieved of his duties as · member of the School Board effective June l, 1965, was before Council. Mr. Pollard moved that the resignation be accepted mith regret and that Council express Its appreciation to DF. Paxton for the services he has rendered as a member of the School Soard. The motion was seconded by Hr. Garland and unanimousl adopted, ELECTIONS: A communication from the Women*s Democratic Club.of Roanoke, requesting that twenty-three of the voting precincts of the City of Roanoke be renamed and suggesting nones for the voting precincts for better identification On motion of Mr. Pollard, seconded by Mr. Pond and unanimously adopted, th matter was referred to the Roanoke City Electoral Board for study, report and recommendation to Council. REPORTS OF OFFICERS: BUDGET-DEPARZMEN! OF PUBLIC ~ORKS: The city Manager submitted a written report, recommending that $67q40 be transferred from Materlqls-Bullding and Property to Office Furniture and Equipment-New under Section ~88. "Maintenance of City Property** of the 1965 budget, to provide for the purchase of a filing cabinet. Mr. Garland moved that Council concur in the recommendation of the City Manager and off'red the following emergency Ordinance: (~lGdS2) AN ORDINANCE to amend and reordain Section o88, #Maintenance of City Property," of the 1965 Appropriation Ordinance. and providing for an emergency, (For f~ll text of Ordinance, see Ordinance Book No. 28, page 195.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Br. #heeler and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Wheeler and Mayor Dillard ........5. NAYS: None ........................................................... O. (Res~rs, Jones and Stoller absent) BUDGET-PAY PLAN-DEPARtMENT OF PUBLIC WORKS: The City Manager submitted a written report, recommending that he be authorized to fill vacancies for four Disposal Laborers, Group 10, Step 1, in the Sanitation Department, since they ore Hr. 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. Pond and unanimously adopted. SCH~0LS-STREETS AND ALLEYS: The City Manager submitted a written report, recommending that a strip of land 15 feet wide and 1349.35 feet in length abutting n portion of the present northmen, line of Colonial Avenue, $. #., and adjacent n 35-nora tract of land conveyed to the Chivers,ay of Virginia for use of the Roanoke Center of the University of yirgJnla, be dedicated and set aside for public street porp?ses and uses, Mr. Pond moved ,hoc Councll concur in the recommendation of the Clay lanager nnd offered the folloming emergency Ordinance: (n16453) AN ORDINANCE dedicating and setting asid~ for public street purposes and uses n certain strip of land 15 feet aide and 1349.35 feet in length abutting a portion of ~he present northmest line of Colonial Avenue. S. R.; nad providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2B. page 196.~ Mr. Pond moved the adoption of the Ordinance. The motion uss seconded by Mr. Wheeler and adopted by the follouing vote: AYES: Messrs. Garland, Pollard, Pond, Wheeler and Mayor Dillard ....... NAYS: None ....................................~ ....................... O. (Messrs. Jones and Stoller absent) PARES AND PLAYGROUNDS-RADIOS: Council having concurred in a recomnendnti( Of the City Manager that he be authorized to enter into on agreement #ith the Alcohol and Tobacco Tax Division of the United States Treasury Department for leasing space in the City Radio Building atop Mill Monntoin at a rental of per month, effective February 1, 19&5, in connection with the installation of amc- way radio equipment, and haling referred the matter to the City Attorney for preparation Of the proper measure, the City Manager submitted a written report, advising that the City Attorney has prepared the necessary Ordinance authorizing the rental of four square feet of table space in the southwest corner of the transmitter building to the United States Government: whereupon. Mr. Pollard moved that the following Ordinance be,placed upon its first reading: (~16454) AN ORDINANCE authorizing the rental of four (4) square feet of table space in the southwest corner of the transmitter building atop Mill Mountain to the United States Government for use by its Alcoholic Tax Unit, upon certain terms and conditions. WHEREAS, the City Manager has advised the Council that the Alcoholic Tax Unit Of the United States Government desires to rent certain space in the C~ty's transmitter building atop Mill Mountain for use of a radio transmitter and receiver and associated equipment and, also. certain space adjacent to said b~ ldin for use as an antenna support: and that said agency is agreeable to the terms and provisions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby agree to rent to the United States Government, for use By its Alcoholic Tax Unit, four (d) squ~re feet of table space in the $onthuest corner of the transmitter building atop Mill Mountain for said agency*s use for the placement and operation Of o radio transmitter and receiver, with associated equipment and, also, space adjacent to said building for nn antenna support with nn antenna attached, to be connected by coaxial cable to the radio equipment in said building, upon the follouing~rms and conditions: 1. That the right or such use shall eownence ns of February I, 1965: 2. That the tern of said agreement shall be iron month to month or from year to yearwith the right in either party to terminate said agreement upon 30-days' written notice to said other party, the type of tern to be nt the option of said Governnent: 3. That the Government pay to the City the sum of $324.00 per year. payable in equal wonthly payments of $27.00, each: 4. That the City supply without additional charge therefor all utilities necessary for the operation of the ar,resold rndio equipment: S. That authorized representatives or employees of said Governuent's agency have u free right of ingress and egress to and from the aforesaid premises at all reasonable tines in and about the operation and maintenance of said rndio equipment: 6. That the radio and other equipment installed on the City*s premises pursunnt hereto be located in such place or places and be of such type as is .specified or approved by the City's Chief Communications Officer: and 7. That the City reserves the right to terminate the aforesaid agreement at any time on 30-days* prior notice in writing to said Governmental agency should tqe City need ~or its own use t~e space or premises ~ereinnbove mentioned or should said agency*s radio equipment interfere, by its operation, math the operation of the Cityts radio or communications equipment. BE 1T FURTHER ORDAINED that the agreement herein authorized to be entered into on behalf of the City may be effected by the City*s execution of a written lease agreement embodying the terms herein provided or. at the option of said Government, by the issuance of a purchase orde~ of said Government, referring to the terms and provision of this ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. G~rland, Pollard, Pond, Wheeler and Mayor Dillard ....... NAYS: None ............................................................O. (Messrs, Jones and St,liar absent) PARKS AND PLAYGROUNDS; Council having authorized the City Manager to enter into a contract with Mr. Stanley N. Abbott, Landscape Architect, for the preparation of a Master Site Plan for Mill Mountain Park, the City Manager submitted a written report, transmitting the plan. In this connection, Mr. J. W. Barrens appeared before Council, stating that the plan for developing:Mill Mountain Pork ia the greatest'thing he has ever seen offered, and expressed the hOl~that the project will be approved math,ut delay, #embers of Council expressing · desire to proceed uith the development of Mill Mountain Pork as quickly os ~il~nces uill s~lon, Mr. Wheeler saved that the report of the Cily Manager and the'plan be received and filed rot further consideration. The motion aaa seconded by Mr. Pond and unanimously adopted. BUDGET-PARRS AND PLAYGROUNDS: The City Manager submitted a verbal report, advising that $4,800 nas Included' in the 1965 budget rot the resurfsclng of eight tennis courts in Wasena hrk and Preston Pork, that the mark has b~en completed at a total cost of $2,211 and recommended that $2,000 of the balance be used to resurface'the four tennis courts in South Roanoke Park. Mr. Carload moved that Council concur in the recommendation of the City Homager and offered the following emergency Ordinance: (~16455) AN 01~INANCE to amend and reordain Section ~111, "Recreation, Parks' and Recreational Areas." of the i965 ~pproprJation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Rg, page 196.) HF. Outland moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the folloming vote: AYES: Messrs. Garland. Pollard, Pond, Mhe~ er and Mayor Dillard .......5. NAYS: None .........-'- ......... ~ ....................................... O. (Messrs. Jones and Stoller absent) CITY ATTORNEY: The City Attorney subuitted · uritten report, transmitt- ing copy of a Resolution adopted by the National Institute of Municipal Law Officers in memory Of th~ late Randolph G. Whittle. former City Attorney. Mr. Garland moved that the Resolution be received and filed. The motion mas aeconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: TRAFFIC ENGINEERING ANDCOMMUNICATIONS: The committee appointed to tabulate.bids received on supply)n9 16,000 feet of communication cable subuitted the follonin9 report: "May 27, 1965 To the City Council Roanoke. Virginia Gentlemen: .. Bids were opened and read before City Council at its meeting on May 24, 1965, for supplying 16,000 feet of'Communication Cable to the City of Roanoke. As can be seen from the tabulation, three bids were submitted. The Ion bid was submitted by Noland Company, Incorporuted, at a price of $535.00 per thousand feet; a total sum of $8,560.00, f.o.b. JewittCity. Connecticut, with freight alloued to Roanoke, Virginia. Terms for paymept will be 1/2 of 1~ - lOth proximo. This bid contains the 'Copper Escalator Clause' and, therefore. will be subject to adjustment in accordance with the price of copper at time of shipment. The cable mill be shipped on non-retornable reels to provide cut lengths aa specified, without splicing. The total quantity tolerance to be minus 0 plus 5 percent. It ia recommended that the bid of Nolaod Companye Incorporated be accepted. Respectfully' submitted, S~ Roy R~ Pollardt St, Roy R, Pollard, Sr., Chairman Committee: S! Dueford B, Thompson Bueford U. Thompson S/ Alfred Heckleyr Alfred flechleyo Jr.' Mr. Pollard moved that Council concur in the recommendation of the committee nad offered the follouing emergency Ordinance: (~16456) AN 0ROINANCE providing for the purchase and delivery to the City of 16,000 feet of certain copper mire communication cable on certain terms and conditions by acceptance of a bid made to the City for the supply thereof; rejecting certain other bids therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page lqT.) Mr. Pollard saved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland. Pollard. Pond, Mheeler and Mayor Dillard ........S. NAYS: None ..................= .......................................... O. (Ressrs. Jones and Stoller absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: MATER DEPARTMENT-PARKS AND PLAYGROUNDS: Council having referred a proposed Resolution authorizing tqe installation Of a pump, controls and'wiring and plumbing in the Chapel Forest Pumping Station at an estimated cost of $3,000, said cost to be borne by the United States Department of the Interior,'National Park Service, in order to assure · dependable potable water supply for the Yello~ Mountain Campground located on the Mill Mountain Spur of the Blue RidBe Parkway, and maiving the SO~ surcharge for consumers outside the city limits, back to the City Attorney for redrafting to require payment of tBe $0~ surcharge, he presented sane; Mhereupon, Mr. Pollard offered the following Resolution: ({16497) A RESOLUTION approving the City's supplying of rater to the · Blue Ridge Parkwny*s Yellou Mountain Campground area and authorizing the City Manager to advertise for bids for the installation Of additional pumping equipment at the Chapel Forest Pumping Station. (For full text of Resolution, see Resolution Book No. 28, page lqD.) Mr,' Pollard moved the adoption Of the Resolution. The motion was seconded by Mr. Mheeler end adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Mheeler and Mayor Dillard ........ NAYS: N0ne~ ............................................................O. (Messrs.Jones and Stoller absent) BUDGET-OURRELL MEMORIAL HOSPITAL: Coancil having directed the City Attorney to prepare the proper measure fixing the per diem ra~e to be paid to The BurreIl Memorial Hospital Asaoclat'lon, Incorporated, for treatment of the indigent charity patients of the Cft~ of'RGinohe, at $23.27 for billing for the current fiscal year, and authorizing payment of the sum of $6,145.41 ,as additional costs for sach treatment accruing during 'the period of October l, 1963, to September 30. 1964, he presented same; whereupon, Mr. Garland offered the follouing emergency Ordinance: (~16458) AN OROIWAWCE fixing the per diem rote to be paid by the City to martell Memorial Hospital Association. Incorporated, for treatment of the Cltyts indigent charity patient's, retroactive to the period commencing October 1, 1963; authorizing payment of the sum of $6145.41 as additiouql c'osta for such treatment accruing during the period of October 1. 1963. to September 30, 1964; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook Wa. 29, page 199.) Mr. Garland moved the adoption of the ~rdinance. The motion mas seconded by Mr. Wheeler and adopted by the folloming ~ote: AYES: Messrs. Garland, Pollard. Pond. Mheeler and Mayor Dillard ........ WAYS: Wane .............................................................O. (Messrs. Jones and Stoller absent) TRAFFIC: Council having directed the City Attorney to prepare the proper measure authorizing the closin9 of Kirk Avenue, S. W., between Jefferson Street and First Street, from B a.m. to 5 p.m., Saturday, June 12. lg6S, in connection mith the Outdoor Art Exhibit, he presented same; mhereupon, Mr. Wheeler offered t~e following Resolution: (=16459) A RESOLUTION authorizing the City Manager to cause a portion of Kirk Avenue, S. W., to be closed to traffic on June 12. 1965. between the hours Of 6:00 a.m. and 5:00 p,m., in order that the Roanoke Fine Arts Center may conduct thereon its annual public outdoor Arts Festival, (For full text of Resolution, see Resolution Book No. 29, page 200.) Mr. Wheeler moved the adoption of the Resolution. The motion mas seconded by Mr. Pollard and adopted by the following rote: AYES: Messrs. Garland. Pollard. Pond. Wheeler and Mayor Dillard ........ NAYS: None ..........................~ .................................. O. (Messrs. Jones and Stoller absent} MOTIONS AND MISCELLANEOUS BUSINESS: FIRE DEPARTMEWT-COMMISSIONER OF THE REVEWUE: Mr. Wallace Mo Mattox, candidate for the Democratic nomination for ~omm~ssioner of theRevenu~, appeared before Council and complained that the Chief of the Fire Department has ordered firemen to remove his campaign bumper stickers from their p~ivate automobiles on the grounds that the cars are parked on Cl~y.property,.Mr.,Mattox contending that the cars are privately gamed, that the omners have purchased city and state foeadation of democracy, that the firemen hive been permitted to put campaign bumper stickers on their cars in the past end that he does not tbinh they should be punished because t~e Chief or the Fire Department hms · personal grudge against him. Mr. Pollard moved that the mutter be referred to the City Manager for investigation and report to Council. The motion mas seconded by Mr. Garland sad unanimously adopted. PRNSIONS-FIRE DEPARTMENT: Mr, John B. Mitchell, retired fireman, appeared before Council and complained that he has been unable to get his pension check cashed by municipal departments. Mr. Pollard moved that the matter be referred to the City Manager rot clarification and report to Council. The motion mss seconded by Mr. Pond and unanimously adopted. PURCHASE OF PROPERTY-GARBAGE REMOVAL: Council at its meeting on January 18, 1965, having authorized the purchase from Mr. Lamrence Ro Noeil of a lO-foot side strip of land from the rear of Lot 14. Block 15, Nsverly Place, Official Tax No. 4320214, for the sum of $100, in order that an alley might be extended from Renwood Boulevard to Greenbrier Avenue. S. E., in the lO00 block. Mr. Noell appeared before the body and raised the question as to #hen the alley mill be extended. Mr. Pollard moved that the matter be referred to the City Manager for investigation and repo~t t~'Council. The m~tion #as seconded by Mr. Pond and unanimously adopted. FARES AND PLAYGROUNDS-GARBAGE BEROYAL: Mr. Pond. Chairman of the Special Incinerator Committee. submitted the following progress report with regard to accelerating the completion of modifications to the City Incinerator: · A Special Incinerator Committee ems appointed at City Council Meeting May 24, 1965, the purpose of mhich was to supplement the work of the existing Incinerator Committee and to accelerate the completion of the approved modifications. The members Of this committee are ns follows: C. E. Pond, Chairman Vincent Nheeler, Councilman Arthur Omens, City Manager I. Jones Keller, Air Pollution Engineer J. H. Hahn. retired N ~ S Supervisor L. R. Noell, President, Southeast Civic League. On May 25. 1965. I met with Stuart Franklin, Partner, Embank, Caldsell and Associates to develop the status of modifications. Specifications have been prepared by Eubank, Caldwell and Associates, dated April 26. 1965. were sent to Oreeley and Hsnsen, Consultants, Chicago, and have been approved with some small changes. These specifications and drawings mere submitted to Pyro Incinerator Company for quotations, verbal quotations were received by telephone on May'25, 1965 and will be confirmed by letter on the follouing items: 1. Damper Controls. 2. Recordin9 Pyrometers. Overrate Air Fans. 4. Observation Openings. Os the refute smd storage btndling modSficttJonso the folloai~g action bna bees ~nhea: Drnmings sad specifications prepared by Embank, Cnlduell nnd Asaoci~les mere submitted to Hsrn- itchfeger Corporntion on April~28, 1965 request- Jug quotations on the follouing: 1. Spare parts for heist. · · Quotations received smd submitted to Greely nad Hnnsen rot approval, but no order has been placed. 2. Cable system for hoist. Dranings and specifications prepared by Eubnnh, Caldmell and Associates mere tub- mitted April 28 to: Dleoson Reel Corporation Moysvilleo Miaconvin Ringsdorff Carbon Corporation Pittsburgh° Pm. and they in turn have contacted Hnrnischfeger. A verbal quotation hms been received from Dlenson on these items ahlch mill be follomed up by confirming letter. 3. Oramings have been prepared by Embanks Caldnell and Associates on the chnnges of t~e cross- section in the garbage bin and these mere sub- mitted to Greeley and Sansen Ray 25, and mere approved Ray 27. 1965. On Mednesday, May 26, 1965, e request mas made of J. H. ~ahn, Committee Member, to develop information on satisfactory operatin9 incinerators, both in the larger cities in the State of Virginia and others. The idea being no inspect 2 oF 3 satisfactory operating incinerators in adjacent areas nnd secure First-hand information oaths overall performance. A request wes made of J. Robert Thomas. City Auditor, to furnish n breakdown on the amount of money paid to date for land, equipment, etc., and to the various contractors, and the amounts retained under original authorizations. These are ns follows: Amount Retained Total Paid Land $ $ 10,675.00 Engineering, Alvord, Burdick and Homson 325.00 Structural Steel Company ) Direct expenditures ' 2,900.00 Mcllhany Equipment Company ) by City for changes 42.97 Reliance Equipment Company ) in improvements 37.83 '4,922.77 Miscellaneous CONTRACTS: Embank, Caldnell g Associates 61.32 19,107.35 S. L. LJonberger 121,819.6g Pyro Incinerator Company 500.00 162.154.00 Hsrnischfeger Corporation 3.587.90 35.879.00 Greeley and Hansen 2,601.22 3,398.78 $ 6,750.44 $361,542.39 The $500.00 remaining to be paid to Pyro was for increas- ing the size of the pi ping in the hydraulic system. Pyro is prepared to do this work uhen the incinerator is closed dorm for modifications. The $3,587.90 me owe HarnJschfeger is approximately 10~ of tbs total amount paid, and is being retained because of the extreee difficulty experienced in operating the hoist. There mill be some small additional charges to cover engineering services. Since $60,000 usc authorized by Ordinance at Coutcil meet- ing March O, 1965 for modifications in accordance uitk report of Greeley and Hanses, smd if the quotations rrou tyro full uithin the amounts s Fecified, n change order cnn be issued for uodificntioaa in the furnace. Changes in the crone electric aysteu and garbage bin uJll have to be put out for bids. Timetable for Cosple~l~n'or Modifications: ' In order to conserve dons ~ime the*modifications should not be stuffed until nil material has been received. It~ln,estiuated that (rom tau to three months* additfonnl tine sill be required to secure the proper Material and have the facility ready for modifications. C. E, Pond.' Mr, Pond moved that the report be filed,. The motion nas seconded hy Mr, Pollard and unanimously adopted, On motion of Mr. Garland, seconded by Mr, Pollard and unanimously adopted, the meeting sas adjourned. APPROVED Jane ?, 1965. The Council of the City of Eoanobe met in regular meeting in the Council Chamber in the Municipal Building. Honday, June ?, 1965, at 7:30 p.m** uith Mayor Dillard presiding. PRESENT: Councilmen Robert Ao Garland, James E. Jones, Roy R. Pollard, Er., Clarence E. Pond, Murray A. Stollero Vincent S. Rheeler and Mayor Denton O. Oillard ................................... ?* ABSENT: None .................... O, OFFICERS PRESENT: Mr. Arthur S. Owens, City #anager, Mr. James N. [Jneanon City Attorney, and BF. J. Robert Thomas, City Auditor. INVOCATION: The meeting mos opened math a prayer by the Reverend #llliam F Milhollnnd, Pastor, Christ Lutheran Church. MINUTES: Copies of the minutes of the regular meeting held on Monday, May 17, 1965, and the special meeting held on Nednesday, May 19. 1965, having been furnished each member of Council, on m~ ion of Mr. Rheeler, seconded by Mr. Broiler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZEN5 UPON PUBLIC HATTERS: ~ATER bEPABTHENT: Pursuant to notice of advertisement for bids on cleaning, repairing aDd painting the interior of the Carroll Avenue Standpipe, said proposals to be received by the Girl Clerh until 1~30 p.u.t Monday, June T, 1965. and to be opened at ?:30 p.m., before Council, Mayor Dillard asked if anyone had any questions about the advertiseuent, and no representative present raising any question, the Hayor instructed the CityClerh to proceed with the o~ening of the bids; whereupon, the City Clerh opened and read the one bid received from the 5tetsco Service Company in the amount of $11,544 Math an additional unit price of $.50 per rivet head replaced, $2.00 per lineal foot ~elding and $°50 per pit repaired by welding as directed by the inspector of the city. It being pointed out that three contractors previously submitted quotations to the Manager of the Mater Department for this project and that the lowest quotation ua~ $10,500, Hr. Stoller moved that the bid of the 5teaseD Service Company be referred to a committee composed of Beasts. Robert A. Garland, Chairman, Arthur 5o Owens, James N. Kincanon and Joseph A. Brogan for study,report and recommendation to Counctl~ The motion Mas seconded by Mr. Pollard and unanimously adopted. ZONING: Council having previously set a public hearing for ?:30 Honday. June ?, 1965, on the request of Mr. Gwynn ~. Board that property located on the soatheast corner of Liberty Road and Billcrest Avenue, No W** described ns Lot leA, Dloc~ P, ~illiamson Groves; Dfficial Tax No. 3090236, be rezoned iron General Residence District to Special Residence District,. the mat~er mos before the body, · . In this connection0 the foil*ming communication from the City Planning. Commission, recommending that the request be denied, mas before Council: 'April 8, 1965 The Honorable Benton On Dillard, Xayor and Members of City Council · Rpanohe., Virginia :. Gentlemen: -. The Planning Commission considered this fez*ming request at the regular meeting of April 7, 1965. Hr. J. Albert Ellett. attorney representing Mr, Board, informed the Commission that it is intended to erect a 4-unit apartment building on the premises. In studying this request the Plannipg Commission noted that the area contains mostly single family and duplex structures. The lot under consideration has approximately 9,000 square feet of land area and is located on steep vt*nude Having duly made field inspection and after consideration of land use and zoning principles, the Planning Commission concluded that the proposed development of this lot for higher residen- tial density is undesirable and detrimental to the existing character Of tbe neighborhood. The Planning Commission, therefore, recommends to City Council that this rezoning request be denied. Sincerely yours, ~/ llenry B, Boynton/h Henry B. Boynton Hr. J. Albert El~ett, Attorney, representing the petitioner, appeare~ before Council in support of the request of h,is client. No one appearing in opposition to the proposed fez*ming, Mr. ~heeler moved that Council concur in the request for fez*ming a~d that the following Ordinance be placed upon its first reading: (#16460) AN ORDINANCE to amend and reenact Title IV, Chapter 4, Section If of The Code of the City of ~oanoke,, 1956, in relation to.Zoning. #SEREAS, application has been made to the Council of the City of Roanoke to have the southeast corner of Liberty Road and Blllcrest Avenue, N. Eo. being New Lot 1aA, according to the Map of Po G. and W. C. Oyler Subdivision, and being the southwesterly part of Lot 18, 19 and 20, Section P, Willlamson Groves Rap, Official Tax No. 3090236, fez*ned from General Residence District to Special · Residence District; and · HEREAS. the City Planning Commission has recommended that the hereinafter described land not be fez*ned from General Residence District to Special Residence District; and WHEREAS, notice reqnired by Title XV, Chapter 4. Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in 'The Roanoke ~orld-News,~ a newspaper published in the City of Roanoke, for the time required by said section; and MMERF~qS, the hearing as provided for in said notice wes held on the ?th do! of June, 1965, at 7:30 p.m.o before the Council of the City of Roanoke, at - thick hear'lng ~11 ps,ties ih Interest and'citizens were. given an opportunity to be heard both for and agiinkt the proposed rezoning; end MHER£AS, this Council, afler considering the evidence presented, is of the opinion thio the hereinafter described land should be rezoned. THEREFOR£, 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 emended and reenacted in the folloming particular and no other, viz.: Property located on the southeast corner of Liberty Road ned Hlllcrest Avenue, N. E., being New Lot 16A, according to"the Hap'Of P. G. and M. C. Oyler Subdivision, and being the southwesterly part of Lo~18, 19 and 20, Section P. Milliamson Groves Map, Official Tax No. 3090236, 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 Ur. Stellar' and adopted by the fmllouing vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stellar, Wheeler and Hayer Dillard ............................. 7. NAYS: Hone ...................... O. ZONING: Conncil having previously set a public hearing for ?:30 p.m., Monday, June ?, 1965, on the request of Messrs. M. T. Crozier and Earl A. Buck that ~roperty located on the northwest corner of Salem Turnpike and Twenty-third Street, N. W.. described as the southern portion of* Lo~ 15 and lb, Block 102. Melrose Land Company, Official Tax No, 2322223, 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 for rezoning be granted, mas before Council: , "April 8,. 1965 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: This rezoning request was considered by the Planning Commission in its regular meeting of April ?t 1965. It nas learned that Messrso Crozier and Buck have plans to use the property for a professional-commercial building, In studying this request the planning Commission noted that the character of the area Is general commercial and that the pro- posed zoning map for the City of Roanoke already indicates commercial rezoning of this lot. The City Planning Commission therefore recommends that this rezoning request be granted. Sincerel~ yours, S/ Henry B. Boynton/h Henry B, Boynton Chairman" Mro Clnade Do Carter, Attorney, representing the petitioners, eppeored before Council in support of the request 9f his clients, No one nppeoring in opposition t~ ~e pr*posed.fez*ming, Mr, St*lief moved that Council concmr in th~.recommend~lm~.of.the.City Plgnnlng Commission and that the followin~ Ordinonce be placed.up*? its first rending: (o16461) AN ORDINANCE to amend and reenact Title l¥, Cb*pier 4, Section 1, of The Code of the City of Roanoke, ~956,.1n relation to Zoning, WHEREAS, application has been made to the Council of the City of Roanoke to have the northwest corner of Salem.Turnpike and Twenty-third Street, N, N,, described as the southern portion of Lots 15 and 16, BI*ch 102, Melrose Land Company, Official Tax No, 2322223, fez*ned from General Residence District to Business District; and MBER~S, the City Planning Commiss. ion has recommended that the hereinafter described land be'reBound from General Residence District to Business ~istrict; and MHEREAS, notice required by Title XV, Chapter 4, Section 43, of The Code of the City of Rom**ko, 195.6, 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, th~ hearing as provided for in said notice was held ~n the ?th day of June, 1965, at 7:20 p,m,, before the CounnJl'~f the City of Roanoke, at mhich h~aring all parties in interest and citizens were given an opportunity to be heard both for and against the proposed fez*ming; and WHEREAS, this Council, after.considering.the evidence presented, is of the opinion that the hereinafter described land be fez*ned, 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. 1955. relating Property located on 504 - 23rd Street, N. ~.. Roanoke, Virginia. described as northwest corner of Salem Turnpike and Twenty-third Street, N. described as the southern portion of Lots 15 and 16, Block 102, Melrose Land Company, designated on Sheet 232 of the Zoning Map as Official Tax No. 2322223, 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. Pollard and adopted by the following vote: 'AYES: Messrs. Garland, Jones, Pollard, Pon~, St*lief, #heeler and Mayor Dillard ..................... ~ .... ~ ..... ~7. NAYS: N~ne .......... ~-~: ............ Oo ZONING:' Council having previously set a public hearing for 7:30 p.m.. Monday, June 7. 19~5. on the request of Mr. W. J. Crisp that property located on the north side of BerkleyAvenu~ and the South side of Roan*he Avenue Extension, S. N., between Durks Street and Edgewood Street, described as Lots 7-11,, inclusive, Block F~ Vir~i~iu'Reights Extension, Official Tax Sot. 151040?, 1510406, 1510405, 1510404 and 1510403, be rezdn~d from Special Residence District to Light Indus*riel District~ the'matter was before the body, la this cocnection, the following communication from the City Planning Commission, recommending that the'request for rezoning be granted, wes before Council: "April 22. 1965 The Honorable Benton O, Dillard, Mayor and Members of City Council Roaioke, Virginia Gentlemen: At its regular meeting of April 21, 1965, the Planning Commission considered the request of Southern Varnish Corporation that the above identified properties located on the north side of Berkley Avenuee between nurks Street and Edgemood Street, Se R,, be rezoned from Special Residence to Light Industrial District. It was learned that the company is planning to use this property for off~street parking in connection with the manufacturing'operation located on a nearby premises, At u previous meeting on this matter, the Planning Commission hud expressed a concern about the affect on residential properties located across the street from the subject property. Therefore, Southern Varnish Corporation agreed to provide a buffer strip of landscaping and tree planting to be developed along the north boundary of Berkley Avenue as a protective device. The intentions of the company are expressed in a letter addressed to the Planning Commission and attached to this communication, After studying other factors, such as land use and transportation, the planning Commission concluded that the proposed rezoning of the subject property is desirable and not detrimental to other properties. 'The Planning Commission therefore recommends that the above- mentioned property be rezoned from Special Residence to Light Industrial Bistrict. Very truly yours, S/ ~erner K. Se~sbach Henry B. Boynton Chairman" Mr. Tom Stockton Fox, Attorney, representing Mr. Crisp, President of the Southern Varnish Cor~oration, a~peared before Council in support of the request of his client, Ho one appearing in opposition to the proposed rezoning, Hr, Stoller moved that Council concur in the recommendation of the.City Planning Commission and that the following Ordinance be placed upon its first reading: (~16462) AH ORDINANCE to amehd and reenact Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning, h~ERHAS, application has been made to the Council of the City of Roanohe to have that property located on the north side of Berkl~y Avenue, S. #., between Burks Street and Edgewood Street, described as Lots ?-11, inclu,stve, ~loch F, Virginia Heights Rxtension, Official Tax Nos. 1510407, 1510406, 1510405, 1510404 and 1510403,. rezoned from Special R~sidence District to Light Industrial Di~tr, i~t;. aud .hHEREAS, the City Plunnitg Commission has recommended that the hereinafter described'land be rezoned from Special Re.sidence District to Light Industrial District; and NBEREAB, notice required by Title IV, Chapter 4, Section 43t of The Code of the City of Ronnohe, 1955, relating to. Eo~ing, hut been published in *The Roanoke World-News,# a newspaper published in the City of Roanoke, for the time required by said section; end MHEREAS, the hearing as provide~ for in said notice was held on the ?th day of June, 1965, at 7:30 p,m** before the Council of the City of Roanoke, ut which hearing all parties in interest and citizens were given an oppo~tunit~ to be heard both for and against the proposed rezoning; and RNEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described laud should be rezoned, TBEREFO~£, RE IT ORDAINED by the Council of the ~ity of Roanohe that Title IV, Chapter 4, Section 1, pf 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 Berkley Avenue, S. W., between Dnrks Street and Edgewood Street, described as Lots 7-11, inclusive, B~oc~ F, Virginia Heights £xt~nsion, d~signa~ed on Sheet 151, ~ the Zoning Map as Official Tax Nos. 1510407, 1510405, 1510405, 1510404 and i510403, be. and Is hereby, changed from Special Residence District to Light Industrial District and the Zoning Map shall be changed in this respect. , The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: Messrs. Garland, Jo~es, Pollard, .Pond, Stoller, Wheeler and Mayor Dillard ....... ~ ....... , .................. 7. NAYS: None .........................O. JUVENILE AND DOMESTIC RELATIONS COURT: Mr. Earl A. Fitzpatrick, former President of the Roanoke Bar Association, appeare~ before Council, advising that while he was President of the Roanoke Bar Association he appointed a special committee composed of Messrs. Robert W. 5pessard. Chairman, B. Parnell Eggleston, CliftOn A. Woodrum, III, Lawrence C. Musgrove and James P. Hart, Jr.. to study the problems surrounding th~ Juvenile a~d Domestic, Relations Court, that the new President, Mr. John D. Copenhaver, has continued the committee,, that in the course Of the study Of the committee-it has become apparent expert professional help is needed to ascertain the problems surrounding the administration of justice in the. Juvenile and Domestic Relations Court, that the committee has been in contact with several agencies regarding the, possibility of a comprehensive survey of all aspects of the Juvenile ~ourt. that the most attractive, survey offered is by the Technical Aid Branch, Division of Juvenile Delinquency Servlces~ Children's Bureau Department of Health, Education and Welfare of the United States Government, who will conduct a comprehensive survey of the services of the juvenile court and '44 police mod detention services offered to Juveniles in the City of Moan,he, provided it is invited to do So by COuncil, ut e, cost to the city other then the expense Incurred through the use of city-owned aa*om,biles in mahfng the survey, ns compared with an estimated cost of. approximately $5,000 If such n survey mere conducted by another organization, Mr. Fitzpatrick requesting thc* Council approve the survey end ash the Ruth,he Bar Association to act as co-ordinotors for 'some,~ Also speaking In behalf or the survey were #easts, Copenhover and Hart. Ar*er a discussion of the Batter, Beasts, Garland ROd SCuller predicting that 'if the ~esults of the proposed survey ore foil,mad it is going to cost the city money, Mr, Pollard moved that Council ~onchr in the request of the Roanoke Bur Association and offered the following Resolution: (n16463)' A R£SOLUTION expressing approval, of a comprehensive survey of the Juvenile and Domestic Relations Court and its attendant services to be made by the Technical Aid B~unch, Division of Juvenile Delinquency Service, Chlldren*a Bureau, Department of Wealth, £ducatJon and ~elfore, and requesting the Roanoke Bar Association to co-ordinate the survey, (For full text of Ben,in*ion, see Resolution Book No. 20. page~ 202,). Mr. Pollard moved the adoption of the Resolution. Ihe motion mas seconded by Mr. Pond and adopted by the following vote: AYES: #easts. Garland, Jones, Pollard, Pond, St,lief, Wheeler and Mayor Dillard .............................. 7, NtiS: None ......................Oo pETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. Lawrence L. Tapscott, Attorney, representing C. and T, of Roanoke, Incorporated, requesting that a 19,611-acre tract of laud located on the north side of Andrews Road, N, Woo east of Cove Road, designated as Official Tax No. 2350105, be rezoned from General Residence District to Special. Residence District, was before Council, On motion of Hr. SCuller, seconded by Hr. Jones and unanimously.adopted, the request for rezoning was ref~rredto the City Planning Commission for study, report and recommendation to Council, PARKS AND PLAYGROUNDS: Council havin9 referred a request-of the. Men*a Garden Club of Roanoke that Section 3, Chapter 6, Title,VIII, of IheCode of the City of Roanoke, 1956, be amended to prohibit the cutting of any moody.plant on municipally-omned land~by pirsons other than those employed by'the City of Roanoke for this purpose unless a mritten permit is first secured from the city, back to the City Maaager to confer with representatives of the utility companies and the Merits Garden Club before making · final recommendation, acommunicatlon from Admiral Carleton B, Bright, Chairman, City Beautification Committee, renewing the request, was before the body~ '' ' la this connection, Admiral Wright nad Mr. Paul G. Ague appeared before Council, advising that representatives or"the'Men*s Garden Club met mith the City~ Manager and representatives of the'utility companies a~d that they were or the lmpresaion there mas no opposition from-the utility companies at that time to the ameldaent to the City Code recommended by the City Manager on Augnst'l?t 1964, but that the Ordinance amending the City Code in accordance math'the rec6emendatlon of the City Manager'has never been snbmitted to Council for'adoption. After' a discussion of the matter, the City Manager explaining that during the conference Uith representatives of the utility companies and the Men*s Garden Club the question of underground facilities came up and no final decision was reached, Mr. Garland moved that the matter be referred to the City Attorney for preparation of the proper measure in accordance with the recommendation of the City Homager on August 1T, 1964. The motion mas seconded by Mr~ Pollard and maanimoasly adopted. REPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a mritten report, advising that because of construction at the Community Hospital of Roanoke Valley it ~as necessary to remove three street lights on Elm Avenue, S. E** between Jefferson Street and First Street, on April 20, 1965, and recommended that Council approve the removal of the lights. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~16464) A RESOLUTION authorizing the removal of three 6,000 lumen overhead incandescent street lights on Elm Avenue, S. E., between Jefferson Street and First Street, in connection with the construction of the Community Hospital of Roanoke Valley. (For full text of Resolution, see Resolution Book No. 26, page 203.) Mr. Stoller moved the adoption of the Resolution. The moron was Seconded by Mr. Pollard and adopted by the following vote: AYES: ResirSo Garland, Jones. Pollard, Pond~ Stoller, ~heeler and Mayor Dillard~--£ ......................... NAYS: None ....................... O. - · · ' BUDGET-PAY 'PLAN: The City Manager submitteda'written report, advising that'the Overtime Pay'Under Job Classification account under Section a165, *Overtime Pay Salary and Wage Adjastments Under Job Classification Plan** of the 1965 budget, has been overdramn, and recommended that $20500 be appropriated to this account to cover overtime incurred through Jena 30. 1965. Mr° Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~16465) AN ORDXNAHGE to amend and reordain Section ~165, *Overtime Pay Salary and Rage Adjustments Under Job Classification,Plan,' of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook NO. 28, page Hr, Cruller mgved the~ndoptlon of the Ordinn~ce. The motion was seconded by Mr, Pond and adopted by the following vote: AYES: Messrc. Garland, Jones, Pollard, Pond, itoller, Wheeler end Rnyor Dillard ........................... · N~YS: None .................... O, BUDGET-PAY ~I.AN: The City Manager submitted the following report recommending that he be authorized to fill certain vacancies In various municipal departments since they are of an emergency nature: "Ronnoke, Virginia June ?, 1965 TO the City Council Roanoke, Virginia Gentlemen: The following listed employees are needed for th~ efficient operation of the City. There are no new positions recommended. REFUSE DISPOSAL: I Clerk Dispatcher, Group 14 DETENTION HORE: I Superintendent, Grade 10 AIRPORT: I Airport Serviceman, Group 15 I Airport Laborer. Group 10 D~ALTH DEPARTMENT: I Public Health Field Croup 12, Nurse, Step R ENGINEERING: I Chainman Group 17 Respectfully submitted,' $/ Arthur ~, Owens b City Manager' Mr. 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 proper measure. The motion was secondedby Mr, Wheeler and unanimously adopted. PURCHASE OF PROPERTY-PARES AND pLAYGROUNDS: Council at its meeting on February 23, 1965, having adopted Ordinance.No, 16292* providing for the purchase of 4.5 acres of land from Messrs. Herman Trumpeter and S. Albert Trompeter at a price not to exceed $7,000, in connection with the extension of Wile~ Drive along Roanoke River, the City Manager submitted a written report, transmitting the following communication from Mr. Harry N. Lichtenstein, Attorney. requesting that the Ordinancebe amended to permit extension of sewer laterals to the remaining property of his clients and the construction of a maximum of five crossovers at equal intervals: Mr, Arthur S. Owens City Manager WgnicJpal Bqildi~g Roanoke, Virginia Dear Mr. Owens: Pursuant 'to my conversation with yo~ of Nednesday, June 2, 1965, and your request for this letter, I submit the following: 1, That it would be best if you would take before City Counsel or the'City or D6eaoke, Virginia, the above styled ma~ter tn order to obtain an amendment of Ordinance No, 16292 passed February 230 1965t in'order that the ameided ordinance contain a statement authorizing and directing the City of Roaooke to extend laterals from the namer mains contained in the property conveyed in the said deed from the Tronpeterc to the City of Roanoke, conveying said 4.50 acres, to the southern boundary of the remaining property of the Trompeters, which cost for the extension of said semer laterals shall be borne by the grantors and deducted from the ~?000,00 agreed ~pon purchase price mhich the City is to pay the Trompeters for th~ said land, and which extension of said saner later*Is shall be done forthwith. 2. It is contemplated that n portion Of Mlley Drive shall be constructed and maintained along the river and over a por- tion of the 4.5 acres being conveyed to the City by the Trcmpeters. Said ~mended ordinance should also authorize and direct the Trompeterso and their heirs and assigns, after Mlley Drive shall have been actually constructed on said portion of 4.5 acres and adjoining their remaining property. to establish ~p to five (5) cross-overs at approximate equal Intervals in order to exit from the southern boundaries of their remaining property, on to said proposed #lief Drive, thus permitting the Trompeters to be able to use that portion of their remaining property bordering on Malay Drive, which. without such cross-overs would be unusable by theme I understand that this will be brought up at Council on Monday, June 7, 1965, Very truly yours, S/ Harry N, Llchtenstein Harry N. Llchtensteln' After a discussion of the matter, the City Manager voicing the opinion that any amendment to Ordinance No, 16292 should be permissive rather than mandatory On the basis of if and when Malay Drive is extended, and there being some question with regard to the crossovers, Mr. St*liar moved that the request be referred to the City Attorney for investigation and preparation of the proper measure. The motion was seconded by Mr, Pollard and unanimously adopted. STREETS AND ALLEYS-S~HOOLS-PARMS AND pLAYGROUNDS: The City Manager submitted a written report, recommending that a portion of the south side of Htannton Avenue, N. M., east of Fifth Street, closed by Ordinance No. 13481, be exchanged for a strip of land owned by Calash*r* Nursery School, Incorporated, to provide access between Lucy Addison High School and Mashington Park. Mr, St*tier 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 u~animously adopted, 5£NERS AND STORM DRAINS-PARKS AND PLAYCROUNDS: The City Manager submitted a written repo~t, transmitting a communication from Mr, Howard E. Sigmon, President, Home Lumber Corporation, advising that he plans to construct 55 new houses in the 1500 blocks of Carlisle Avenue and Cordon Avenue, S. E., which will rqquire the construction of approximately 1,950 feet of 6-inch sanitary sewer main, and ~equesting that since there are other properties adjacent to his .lots which monld benefit by the sewer a sewer project be initiated to serve the area, Mr. Signori also offer!~g tod~nute t~ the oi~y.o 22 m 48 foot smimmlng P.O01 complete, varylng ia depth from tun feet to eight feet, to be constructed in Golden Perk, provided the city is ~llil~g to accept the.pool and operate same after it Is completed. After a discussion of the matter, Mr, Pollard pointing out that if the city accepts the pool the're will be a certain amount of expanse'involved,~ such as the salary of a life guard, and that it would be opening the door for other requests for swimming pools, Mr. Garland moved that n committee be appointed to study the request of Mr. $igmon"Uit~'regard to initiating'o s'emer project and his offer to donate the swimmlng pool and to submit its report and recommendation to Council. The motion mas seconded by Mr.' Pond and ~nan~monsly adopt'ed. Mayor Dillard appointed Messrso Murray A. Stoller, Chairman, Arthur Owens, Rex T. Hitchell; Jr,, and fl. Cletus HFoyles as members of the committee. SALE OF PROPERTY-STATE HIGHWAYS: The City Manager submitted a written report, recommending that property located on the east side of Third Street, S. between Elm Avenue and Mountain Avenue, described as Lot 3, Block 3, Official Surre$ S. E., Official Tax No. 4020303, be sold to the yJrginia Department of Highnays for the sum of ~4,650, in connection with the improvement of Virginia State Route 24. Mr. Stdler moved that Council concur In ~e recommendation of the City Manager and offere5 the following emergency Ordinance: (#16466) AN ORDINANCE dedicatin9 for public street purposes and uses certain property owned by the City, necessary for the relocation and improvement of Route 24 in the City. upon certain terms and conditions; and providing for an emergency. (For full text'of Ordinance· see Ordinance Hook No, 25, page 204.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr, Garland and adopted by the following vote: AYES: Messrso Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ............................. 7, NAYS: None ..................... O. "' PURCHASE OF PROPERTY-STATE HIGHWAYS': Zhe City Manager submitted a written report, recommending that he be authorized to purchase a parcel'of land from Carl Cecil Cackler and Effie M. Cuekler for the sum of $3,557 in connection with the improvement of Virginia State Route 24 and to acquire the residue of said property for an additional sum ~f $143 for public purpose, s, upon certain terms and conditions. Mr. Stolle~ moved tha~ Council csncur 'in the recommendation of th~ City Manager and that the matter be referred to the City Attorneyfor'pre~aratton of the proper 'measure, The motion was secguded by Mr, Mheeler and unanimously adopted, RRIDGES-SYEEETS AND ALLEYS: The City Manager submitted. · mritten report, transmitting n communication from Mr. Tom Stockton Fox. Attorney, re~resentieg the Grim Hotel Supply Compnny, omner of property nt 1820 South Jeffersom Street, advising that ir the need for additional pi.r king space ua i~s property develops as a.result of the proposed expansion of the Roanoke ~emorinl Hospital bis client mould then be Justified in constructing, at its sole expense, a foot bridge from the southeast corner of Its property across Roanoke River to city-omned land lying beta*an Roanoke River and Hamilton Terrace. ~. Eo, and asking whether or not Council mould approve the construction of the foot bridge, the City Manager stating that the proposal will be considered along math many other facets of necessary street changes in connection math the proposed expansion of the Roanoke Memorial Hospital when his report is submitted at a subsequent date, On motion of Erg Stoller. seconded by Hr. Pollard and unanimously adopted. the repoFt of the City Manager mas filed. CHESAPEAKE AND POTOMAC TELEPHONE COMPA'NY: The City Manager submitted a written reportt transmitting a plan for a sidewalk public telephone program in the City of Roanoke, and recommended that Council consider initiating the program° After a dis,cnssion of the matter,, Mr. Stoller moved that the proposed plan be referred to a committee composed of MessYs, Robert A, Garland, Chairman, Vincent S. Rheeler and Clarence ~, Pond for study, r~port and recommenda~ion to Council. The motion was seconded by Mr. Garland and adopted. Mayor Dillard voting no, Y~FFX~-LICENoLb: The City Manager submitted a mritten report, advising that the Virginia State ~enitentiary has re'quested that the City of Roanoke place its order as soon as possible for the 1965 city tags, but the cost will be the same as the 1965 city tags provided a black background is specified which would be the some background color as the stote automobile license tags for 1966, and that any color may be specified for the letters, numbers and borderline without additional chorge, the City Manager requesting that Council decide on the color scheme for the 1966 city automobile license togs. After a discussion of the matter, Mr, Wheeler moved that the City of Roanoke return to its original design for city automobile license tugs. The motion was seconded by Mr. pond ~nd adopted by ,the following, vote: AYES: Messrs. Pollard, Pondt Wheeler and Mayor Dillard ................4. NAYS: Messrs. Gorland, Jones and Stoller ............................. POLICE DEPARTMENT: The CitrY Manager submitted a written report, trans- mitting Rule 10 of the Hulas and Regulations of the Police Department with regard to a Youth Division as a result of the recent approval of the creation of the Youth Division by Council. Mr, Stoller moved that the City Attorney be directed to prepare the proper measure incorporating Rule 10 into a new book of Rules and Regulations for the · olice Deparlwent, The motion was seconded by Mr, Garland and adopted by the following vote, Mayor Dillard protesting that the proposed rule should be adopted by aa amendment to the City Code~ AYESc Messrs, Garland, Jones, Pollard and 5koller ....................4, WAYS; Messrs, Pond, Wheeler mud Mayor Dillard ........................3, POLICE DEPARTMENT-FIRE DEPARTMENT: The City Manager submitted the following report on changes in personnel of the Police Department and the Fire Deportment for the month of. May', 1965: #Roanoke, YJrginln Jnne 7, 1965 TO the City Council Roanoket Virginia Gentlemen: The following are the changes in the police and the fire department, respectively, during the month of May: 'Police Department *The following were sworn in ns police officers during May', 1965: Michael E, Bowles,. 162 Princeton Circle, N. E. Ronuld Ko Chlttnm, 1110 Fifth Street, So 'Mrs. Esther P, Wcay, 408 Bullitt Avenue, S. E., mas hired as Clerk-Stenographer in Traffic Bureau, May 1, 1965.' 'Fire Bepactment *During the month of May, 1965, the following personnel changes occurred in the Fire Department: Retired: Fireman, F. L. Johnson Employed: James R. Sweeney 5/16/65 James R. Naif 5/16/65 'There are no vacancies in the Fire Department at this time** Respectfully submitted, S/ Arthur S, Owens a City Manager" Mr° Stoller moved that the report be received and filed. The motion was seconded by Mr. Pond and unanimously adopted. TAXICABS: Council having directed the City Attorney to prepare the proper measure ~ranting BoP. W. Cab Company, Incorporated, permission to increase its Certificate of Public Convenience and Necessity for the operation of six taxica~ to 'ten taxicabs, the City Manager submitted a written report, advising that, puc'sunni to advice of the City Attorney, the applicant has published notice of its proposed application to the City Manager for such additional authority in the manner provided' by Section 4t Chapter 1, Title XIX, of The Code of the City of Roanoke, 1956, and again recommended that authority for the increase in the number of taxicabs be granted. Mr. Stoller moved that Council concur in the recommendation of the City Manager and that the matter again be referred to the City Attorney for preparation of the proper measure. The motion mas seconded bY xro Follerd end unanimously adopted. REPORTS OF COMMITTEES~ SALE OF PROPERTY: The committee appointed to study the offer or sigmon Brothers, Realtors, on behalf of O client, to purchase property located on the north side of Salem Avenue, S. Eo, betmeen Jefferson Street and First Street, designated as Lots 24 and 25, Roanoke Land and Improvement Company, Official Tax ~Ro. 4010114t submitted the following report: *Roanoke, Virginia April 26. 1965 ~To the City Council Roanoke, Virginia Gentlemen: Yon referred to the belom committee a report of the Planning Commission dated March 11, 1965, and a letter from Signori Brothers, Realtors, concerning a vacant lot gamed by the City on East Salem Avenue, described as Official Tax So. 4010114. formerly the location of the Roanoke Mater Department Office Building. In the Planning Commission*s report they referred to the Blue Ridge Center, which was a part of the Maroon and O'Leafy report of 1964;. however, the Downtown East Project, which is now under consideration, ~oes not include tbik lot. Mr. Jo Herman Slgmon. r~presentJng the Sigmon Brothers, has made an offer to the City ~n the amount of $12,5oo for the land, NET. However, the committee feels that the value of $18,000 would be fair and we would recommend the sale of the property at that figure. It may be interesting to know that the income from 12 parking meters average $2;85 per week each, or an hggregate of approximately. $1775 during the year. Respectfully submitted, S/ Arthur 5. Owensa Arthur $. Owens S/ James N, Kincanon S/ J. Robert Thomas J. Robert Th*bas S/ Roy R. Pollard, Sr. Roy R. Pollard, 5~o* In this connection, the City Manager submitted a written report, trans- mitting a communication from Mr. George J. Jacobs, Attorney, representing Joseph H. Mila~ Jr.. and £ilis B. Milan, advising that his clients are now willing to pay only $12,250 for the land conditi'oned upon t'he removal of a 13-foot setback line established by Ordinance No. 13108, adopted July 1. 1957. After a discussion Of the matter, Mr° Jones moved that the prospective purchasers be advised that Council mill s~ll the property for $15,250 and will not ~enew the setback lin~, The motion was seconded by Mr. Pollard and unanimously adopted. ZONIRG-STREHTS AND ALLEYS: Council baying referred to the City #manger and the City Attorney for study, report end recommendation the request of 23. residents or the 3600 block of Oaklamn Avenue, N. Neb that the dead end of Oakiaun Avenu~'n~t be opened t~ provide a service entrance to Friendship Manor0 the committee submitted the following report: · ' "dune 4, 1965 '' To the Honorable Mayor and Members of City Council Gentlem~n: At your meeting held on May 17, you referred to the under- signed for investigation and recommendation to the Council the request of certain residents of the 3600 block of Oaklamn Avenue. N. M. 0 that Onklaun Avenue not be permitted as a means of access to the approximate 9-acre parcel of land owned by, the Church of the Rrethren and being developed as Friendship Manor, said property abutting, mainly, on Hershberger Road, N. M.. but abutting, also, on a part of the line of Oaklawn Avenue, N. M. Me find and report to the Council that Oaklawn Avenge at the point in question has been heretofore fully and properly dedicated to the City of Roanoke for public street purposes and, to that extent, is useable by all members of the public having a legltamite right to use the same. Re know of no law or ordinance which would restrict a property owner in a reasonable right of access to a public street on which said owner*s land abuts, even though the major portion of it may front or abut on another public street. H,never. in order to construct a crossover through existing curbs and gutters already installed in such streets, an owner must first obtain a permit for such crossover in the manner provided in Chapter I of Title XVI! in the City Code. Accordingly. and while the request of Councilts petitioners may well have some merit and be received, a s it has, with sympathetic understanding, we do not recommend affirmative action on the part Of the City Council. Respectfully. S/ Arthur S. Owens City Manager S/ J. N. Kincanon City Attorney" In this connection, a group of residents of the 3600 block of Oaklaun Avenue appeared ~efore Council with Messrs. Howard E. Musser and David Mo Conner. Jr., actin9 as spokesmen. Rr. Conner explained that the subdivision plan for the tract of land was approved by the city after the property had been r,zoned from General Residence District to Special Residence District without requiring the installation of curb and gutter at the end Of Oaklawn Avenue. therefore, t~e purchasers of lot's in ' the 3600 block of Oaklawn Avenue were not aware of the possibility of the s'treet being eventually extended. After a discussion of the matter. Mr. Garland moved that Council concur in the report of the committee. The motion was seconded by gr. Wheeler and adopted Mr. Jones and Rayor Dillard voting no on the grounds that the property owners in the 3600 block of Oaklawn Avenue have been misled and if there is anything Council can do to help them it should. SPECIAL PERMITS-STREeTS AND ALLEYS: Council having referred to n committee composed of Messvs, Arth"v Clnrh for stUdyo report nnd recommendation the request of Messrs. Hsrris 5, Dlrchrield ned John Kermit Hlrchrfeld for permission for their building located 1114 Fourth Street, 5, M,, to encroach c distance of 0,15 foot on nn alley for the iremnlning life of such building, the committee submitted · written report, advising that it does not see mhere the eucrouchment would Interfere mith any services of the city and recomaendtng that the request be granted. NFo Garland moved that Council concur in the recommeldatinn of the com,lttee and that the attovneF for the petitioners he requested to prepare proper meusure authorizing the encroachment, The motion was seconded bV Mr, Fond and unanimously adopted. AIRPORT: The Airport Committee .submitted the foil*ming report, recommending that four hangar buildings be constructed at Roan*he Municipal (#o~drum) Airport: *Roanoke, Virginia June 2, To Roanoke City Council Roanoke, Virginia During a called meeting of Conncil*s Airport Committee Jane 1, 1965 the matter Of building Hangars at ~ood£um ~irport, to accomodate at least ten twin engine and ten single engine all of this space have been received from corporations and individuals and we are satisfied that Hangars are badly needed. Vour Committee voted unanimously to recommend to CoancIl the immediate constraction of 4 - 50 it. by 100 ft. hangar buildings to be located East of the present Quonset Hangars between taxi- way z27 and the Access Road according to preliminary plan ~3392 - B on file in the Office of the City Engineer. Respectfully submitted, S/ Roy Lo Webber Roy L. Webber, Chairman Roanoke City Council's Airport Committee" In this connection, Hr. Marshall L. Harris, Manager of the Airport, appeared before Council, estimating that the hangars would cost approximately $80,000 which could be amortized by rental fees in ten years. Mr. 5toiler explaining that the city does not have $80,000 available to construct the hangars, Hr. Harris replied that he knows of t~o individuals who would be willing to construct the hangars at their expense if they are.pernitted to amortize the cost thereof in lieu of rental fees under a long-term lease. Various members of Council voicing the opinion that if the hangars are constructed it is the responsibility of the city to build them, but that city funds are not available for this purpose at this time, Mr. 5roller moved that a committee be appointed to study the method of financing the construction of the hougsrs and the rate structure for the :rea,el Of son, end to submit its.report ted recommendation to ~ouncll, The motlo~ mas seconded by ~r, Mheele~ and adopted, Mayor Dillcrd voting un, Mr, St,lief thin mo~ed that Messrs, Jones £, Jones, Chuirmsn, Vincent 5, Rbeeler sad Murray A, St,lief be appointed us members of ~he ~om~lttee. .Mayor Dillard stated that the original motion of Hr. St,lief has already been adopted and moved that the motion naming the committee is out of order. Mr, St,lief appealed the ruling of the Chair. Mayor Dillard refused to Consider the appeal. Mr. Pollard moved that the meeting be adjourned. The motfon failed ~or lack of a sncond. M~yor Dillard then named Ressrs. Robert A. Garland, Chairman, Clarence Pond and Vincent $. Rheeler as members of the committee, AIRPORT: The Airport Committee submitted the following.report with reference to air service between Roanoke and New York City: 'Roanoke, Virginia June 2, 1965 TO Roanoke City Council Roanoke, Virginia During a'called meeting of Gonncll*s Airport Committee June 1, 1965, City Manager Arthur Owens and Chamber of Commqrce $/ Roy L. ~ebber submitted the following report: , '~0: Members of Roanoke City Council FROM: Northwest Community Cea,er Stody Committee On January,8, 1964, Councilts Northwest Community Center Committee, composed of former Mayor St,lief, Mayor Dillard, Mrs. Mozelle Scott. Dr. L, £~ Paxton, Fermi, Sydnor, the late £. $. Rrown and your chairman, held its first meeting to discuss the possible construction of a in this section of our city. II _e Tour cowwittee Bet want times in order to present to Council fall amd cowplete study au ~ facility which would adequately meet the needs or 8 9rowing oreo in our city, As inspection uts wide of the City's existing centers; severnl weetlngs involved the selection of o suitable locution for the focilltT undo with the nssiatanceof cur planning director, Eureka Park was ultiwntelT chosen; detailed studies of existing ntllitT facilities followed to deterwine their relationship to the site selected; krohltkcturol firms were interviewed tad one selected to prepare the plans for nB appropriate facility; and finally, after many months o( careful planning and serious consideration, plans on the recommended facility were completed, approved by Council and bids were called for, Council might be i~te~es~ed.ln hob the plnns for this facility came about, During the period of investigation, it mas brought to your cowwitteets attention that Greensboro, North Carolina uas in the process of constructing its second cowwunlty center and bad developed a plan which had been well received nnd acclaimed by the clt.izens of Greensboro. A trip by members of your cowwittee,uas wade to Greensboro, and their findings substantiated their Information, Details on the Greensboro facilities were obtained bT Nra Owens for the committee, and with these deta$1a lair committee adopted n plan similar Lo that of this city. Greensboro radar is In the process of completing its third facllitT, each one or Fhich follows their basic plan but each being slightly larger and improved through trial and error, Our architects visited Greensboro and with their hnowledge nnd the hnowledge received from the Greensbaro people developed our plans but included minor improvements which the! felt would reduce maintenance costs. As you hnow, bids were called for, and on May IO five bids were opened, with the low bid being submitted by Martin Brothers, Contractors, lac. in the amount of $136,900.00--$36,900 above the amount appropriated. These bids were then referred back to your committee for tabulation. In the meantime and before the committee beldams meeting, ~r. Owens was requested to investigate the possibility of the City being able to obtain funds from £*O*A** a Federal program. Mr. Owens, while in Xashington, investigated this possibility but was informed ,that funds available under this act could go for leasing of suitable facilities but not for construction. Tour committee, as instructed, met with our architects and, after serious consideration as to all aspects involved, voted unanimously to recommend to Council that the low bid of Martin Brothers, Contractorse'Inc. be accepted and that the additional funds in the amount of $45.489.60 be appropriated in order that construction of this facility night be started as soon as possible. In making these recommendations, the committee also voted to reject the alternate bid Of $5,500.00 for air conditioning. In your deliberations, we ask that you consider ~he following: 1. All of us, and we believe you will agree, concluded that this facility is greatly needed and should be provided. 2. The committee, with our architects concurrence, knows that we received the best possible bid. ,3. The committee took into consideration the under estimated appropriation and, after reviewing other recently received bids on other building programs in the valley, was disturbed by the increase In , cost over estimates but did not believe our bid was out of proportion. 4, The committee in an effort to reduce the cost to the City explored other possible outside help. Taking into consideration the present bid and the fact that this trend is likely to continue due to the forthcoming increase in items such as steel, material, social security and labor, ¸56 your committee reels that this Is the best possible time to proceed with this construe,lo, and. thsse requests Counnil*s approval"in these.recommendations. · S! Benton O. Dillard " Benton 0. Dillard ~t Murray ~t Sto(ler Murray A. St,lief S/ F~nni~ Brown , Pennia Brown S/ Dr. L. E, Paxton Dr. L. E, Paxton Sf Mozelle At' Scott Mrs. Mozelle Scott ~/ L. At S?dnor. SFt L. A. Sydnor, Sr. .5! James E, Jones James E. Jones. Chairman' In this connection, members of the committee appeared before Council in support of the construction of the Eureka Park Recreation Center. After a discussion as to the financing of the project. Mr. Garland moved that Council accept the report of the committee. The motion was seconded by Mr. Pollard and unanimously adopted. Mr. Jones then offered the following emergency Ordinance accepting the proposal of Hap,in Brothers Contract.rs. Incorporated: (~16467) AN ORDINANCE providing for the construction of a civic center building in Eureka Park by accepting the bid of Martin Bt,s, Contractors, Inc., made to the City therefor; rejecting four other bids made for the construction of said civic center1 and providing for on emergency. (For full text of OrdinanCe. See Ordinance Cook.No. 20. page 205. l Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard, Pond, St,liar, Mheeler and Mayor Dillard ............................. ?* NAYS: None-[ ................. Rr. Jones offered the following emergency Ordinance appropriating an additional $45,4~9.60 for the project: (~16468) AN ORDINANCE to amend and reordain Section al?0, "Gapital,' of the 1965 Appropriation Ordinance~ and provi~ing for an emergency. (For full text of O~dinance. see Ordinn~ce Book ~o.~28, page 206.) Mr. Jones moved the adoption of the Or~ln~nce. The motion was seconded by Mr, St,tier and adopted by the foll0w~ng vote: AYES: Messrs, Garland, Jones, Pollard, Pond, St,Il,r, #heeler and Mayor Dillard ........................'~--7. NAYS: None ................... O. Park Recreation Center is completed and dedicated. Yhe motion was seconded by Mr, Garland and unanimously adopted, UNFINISHED BUSINESS: NONE, * .. '. .... . · ¢ONSIDERAYIONOF CLAIMS: NONE* , .. .. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PARKS AND FLAYGRODNDS-RADI05: Ordinance No. 164540 authorizing the rental of roar square feet of table space in tbe. southuest corner or the trans- mitter building atop Mill Mountain to the United States Government for use by its Alcoholic Tox Unit, having previously been before Council for its first reading, read and laid over, mas again before the body,.Mr. Stoller offering the following for its second reading and final adoption: (n16454) AN ORDINANCE authorizing the rental or four (4) square feet of table space in the southmest corner or the transmitter building atop Mill Mountain to the United 5totes Government for use by its Alcoholic Tax Unit, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No, 20, page 201,) Mr, Stoller moved the adoption of the Ordinance, The motionMas seconded by Mr, Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ............................ ?. NAYS: None ....................O, BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to employ four Disposal Laborers in the Refuse Collection and ~isposal ~ivision of the 5apartMent of Public he presented same; whereupon, Mr, Stoller offered the following Resolution: (~16469) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 28, page 206.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, 5toiler, Rheeler and Mayor Dillard .......................... ?. NAYS: None ................... O. MOTIONS AND MISCELLANEOUS BUSINESS: COUNCIL: Mr, Jones pointed out that it is past the 11:00 o'clock deadline for night meetings of Council and moved that the body continue with the meeting, The motion was seconded by Mr, Garland and adopted, Mr, Wheeler voting no, TRAFFIC: Council having adopted Ordinance No, 15432 on October 21, 1963, directing the erection of a vehicular barricade across Corbieshaw Road, S, W,, at the west corporate limits, a group of residents of Corbiesham Road appeared before the body, advising that the Oak Grove Development Corporation has petitioned the Circuit Court of the City of Roanoke for a temporary injunction against the Council of the City or Roanoke and the City Manager restraining the maintenance of the barricade and directing the immediate removal thereof, Among those apeoiilg om the JsbJect uern Heists. L. R. Csrr, L. S. Leedy. Fred L. ~rtght nnd 5. J. Elliottt the residents of Corbieshsm Road sooting that they plan to-oppeor nt the ~enrlng fmnn'effort to keep the barricade nod tbnt they mould like to know Council. is behind them in their effort. FIRE DEFARTNRNT-GDRRISSION£R OF T~E R£VENU~ Council nt its meeting om June lo 1965. having referred to the City #ansger for investigation and report n couplaint of Hr. Wallace M. Mattoxt~cundidate rot the Democratic nomination for Commissioner or the Revenue that the Chief of the Fire Depnrtuent has ordered firemen to remove his campaign bumper stickers from their private automobiles on the grounds that the cars are parked on city ~ropertyo Mr. Matron appeared before the body. pointing out that the Democratic primary is only a little over a month awayt and urged that the investigation be made as soon as possible. Hr. Rheeler moved that the meeting be adjourned without considering the remaining items on the Council agenda. The motion wes seconded by Mr. Pollard and adopted, Mr. Jones voting no, ATTEST: APPROVED .! COUNCIL, REGULAR REETING, Bondey, June 14, 196§, The Council of the City of Roanoke met in regular:meeting in the Council Chumber in the Municipal Building, Monday, June 14, 1965, at 2 p,m,e the regular meeting b,ur, mith Mayor Dillard presiding. PRESENT: Councilmen Robert A, Garlund~ James E~ Jones, Roy R. Pollard, Sro, Clarence E. Pond, Hurruy A. Stoller, Vincent S, Nh,olaf and Mayor Benton O, Dillard ................................. 7. ABSENT: None .................O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. James ,Einctuon, City Attorney, and Mr. J, Robert Thomas, City Auditor. INVOCATION: Mayor Dillard pointed out that June 13-1ga 1965, has been *proclaimed as National Flag Week, that today is Flag Day; and asked the City Auditor to lewd those present in the Pledge of Allegiance to the Flag. MINUTES:, Copy of the minutes of the regular meeting held on Monday, Hay 24, 1965, having been furnished each member of C,un. il, on motion of Mr, .St,liar, seconded by Mr. Pond and unanimously adopted; the reading thereof was dispensed mith and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC HATTERS~ STREETS AND ALLEYS: Council having previously se~ a public bearing for 2 p.m., Monday, June 14, 1965, on the application of Roanoke Hospital Association to vacate, discontinue and close certain portions of Bell,view Avenue, Lake Street end Hamilton Terrace, S. E., adjacent to and/or in front of Roanoke Hem,rial Hospital, the matter mas before the body, In this connection, Mr. Mllliam A. Dickinson, Attorney, representing the petitioner, appeared before Council,, advising that it is his understanding a committee appointed to study the question of possible damages to the Crystal Spring Water Supply as a result of the proposed addition to Roanoke Rem,rial Hospital desires to meet with representatives of the Roanoke Hospital Association before submitting its report, and requested that the public hearing be continued until 2 pem., June 21, 1965. Mr. Pollard moved that the public hearing be continued until 2 p.m., June 21, 1965, The motion was seconded by Mr. Mheeler and unanimously adopted. P~TITIONS AND COHMUNICATIO~$: LIBRAHIES: A communication from Hr. William D. Dltoan, representing the Garden City Parent-Teacher Association, requesting library facilities for the Southeast and Garden Clty, sectlons~of Roanoke, was before Council. In this connection, communications from Mr. J. E. Dudley, Sr., Chairman of the 5tearing Committee for the Southeast Branch Library, and Hr, Oitman, asking that the request be considered on June 21, 1965, instead, mere presented to'Council. Hr. Joue~ moved tint considers*ion or eke request for u Sou*kelSO Library be,deferred, until tke next regular meeting or Council on June 21, 1965, The motion mas seconded by Hr. Wheeler end unonfmously nd*pied. STREET LIGHTS: A communication from the Appalachian Power Company. irons- mi*ting u list ~( ~treet l~ghts ~hich war? installed end/or removed during the month or Hey, 1965, wus before Council. Oq mo~lo? or Mr. Stoller~ seconded by Hr. Wheeler and unuuimously adopted, the .communication wes riled. ,. STREETS AND ALLEYS: A petition signed by twenty citizens, requesting that Halson Street. S. E** from Pechin Avenue ~o Morgan Avenue. be repaired, was before Council.. On motion or Hr. St*lie%, seconded by Hr..Wheeler,end uuanimousl~ adopted, the request was referred to the City #nnager for study and report to Council. SALE OF PROPERTY: A communication from Mr. John L. Walker, Jr., Attorney, representing the Safety Wotor Transit Company, offering to purchase property Ignored On the sou*beast corner of Campbell Avenue and Thirteenth StreetfS. E., described as Lots 16, 17 and lB, Block ,14, East Side Land Company, Official Tax Nos. ,41108~1, 4110802 and 4110803, for the sum of $1,000, was before Council, Wt, Wheeler moved that the offer be referred to a committee composed of Waists. ArthurS. Owens, Chairman. James H. ~incaeon, J. Robert ~homas and Pollard, ir., for study, report and recommendation to Council. The motion was seconded by Mr. ~ollard and unanimously adopted. . SCNO~LS-SIDEWALK, CURB AND CUTTER: A communication from the Roanoke City School Board, requesting that curb and gutter be constructed along the south side of Windsor Avenue, S. H., between Canterbury Road and Brighton Road, at Wasena Elementary School, was before. Council. In this connection, Mr. Boy L. Webber,, Chairman of the School B~ard, appeared before Council. advistn9 that since improvements have been made on Windsor Avenue surplus ~orm water has been flooding the area and mashing top soil down into the playground of the schoolt that the estimated cost of the curb and gutter is $1,530 and since there are no funds available in the school budget for this purpose it is hoped Council will authorize the project under the regular curb amd gutter. progra~ of the city. Mr. Pollard moved that the City Hanager be directed to proceed with the, project forthwith under the appropriation ~or~the curb and gutter program. The motion was seconded, by Mr. Jones and unanimously adopted. SCHOOLS-SIDEWAL£, CURB A~D GU~TER: A communication from the Roanoke City School Board, tran~mitting a letter from Mr. D. C. Droyles, Director of Public Works, suggesting, that curb and.gutter be constructed on the south side of Beverly Boulevard. $. W., we?t of ~p~ing Road. along the Grandam Court Elementary School property, was before Council. In this connection, Mr. Roy L. Webber. Chairman Of the 5ch*gl Board. appeared before Council, pointing out that Oeverly Boulevard has curb and gutter on the north side .at this poi·t, but not O· the south side, that there is con- siderable storm mater mhich rloms along ~he south ·lde of the street, cutting deep ditches, thereby ··dermini·g not only .the street, but causing the steep bank adJ·ce·t to the pavesent to erode, that si·ce Beverly Boulevard issoheduled to be blacktopped this year the Director of Public Marks feels it is imperative that action be taken to install the curb nnd gutter, th·t the estimated cost of the project is $2,414 and si·ce there are no funds available in the school budget for this purpose it is hoped Council mill authorize the proJect under the regular curb and gutter program of the city. Hr. Pollard moved that the City Manager be directed to proceed math the project forthwith under the appropriation for the curb and gutter progrst. The motion mas seconded by Hr. Jo·es and unanimously adopted. AUDITS=JUVENILE AND DOMESTIC RELATIONS COURT:, A communication from Mr. J. Gordon Bennett, Auditor of Public Accounts for the Commonwealth of Virginiao transmitting · 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 19640 in mhJch audit a staff member of the City Auditor assisted, and advising that the examination disclosed proper accounting had been made for all funds of record during the period under veviem, was before Council. On motion of Mr. Stoller, seconded by Mr. Pollard and unanimously adopted, the communication a~d report Mere filed. REPORTS OF OFFICERS~ STREET LIGHTS: The City Manager submitted a written report, ~ecommending that a street light be installed at Oliver Road and Victor Avenue, N. E. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following Resolution:, (~16470) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light at the coFner of Oliver Road and Victor Avenue. N, E.. (AP ~ole No, 230-4581), (For full text of Resolution, see Resolution Book .No, 28, page 210,) Mr. Stoller moved the adoption of the Resolution. Yhe motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, Stoller. Mheeler and Mayor Dillard .......................... 7, NAYS: None ................. O. BUDGET-PAY PLAN-JUVENILE AND DOMESTIC RELATIONS COU~T: The City Manager submitted a Mrltten report, recommending that he be authorized to employ a Deputy Clerk to fill a vacancy at the Juvenile and Domestic Relations Court. Mr. Stoiler moved that Council concur in the ~ecommendation of the City M3nagev and that the matter be referred to the City Attorney for preparation of the proper measure. The motion Mas seconded by Mr. Pond and nnanimously adopted. FLANNI~G~ Th~ City Homager submitted u mrltten report, transmitting a commnulooticc ~rom Hr, Werner Ko Sensbnch0 tendering his resignation as Director of City Planning effective September 1, 19650 in order to assume the position of Director of Planning nnd Lecturer at the School of Architecture of the University of Virginia, Mr, St*lief moved that the. resignation be accepted with regret and that the City Attorney be directed to prepare the proper measure in recognition of the services rendered by Mr. Senshach as Director of City Planning. The motion mas seconded by Hr. Jones and unanimously adopted. STATE UIGHWAYS: The City Manager submitted a mritten report, advising that the Virginia Department of Uighways desires to obtain an option for the use material from the Muse Spring property along Virginia Route 116 near the interseotlo or Sennington Street, S, E**=io connection with the project for Route 581 between Willlumson Road and Elm Avenue, in the event the contractor for the project wishes to use the material, the City Manager pointing out that if the contractor does use the material one of the objectionable blind CUrves along Route 116 would be eliminated and recommending that Coma*Il authorize the execution of the option. Mr. St*lief moved that Counoil concur in the recommendation of the City Homager 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. AIRPORT: The City Manager submitted a mritten reporte transmitting the following communication from the City Engineer requesting certain changes in Projects 14, 15 and 16 at Roanoke Municipal (Wa*drum) Airport: 'June 9, 1965 TO: Mr. Arthur S. Owens, City Manager FROM: Mr, William F. Clark, City Engineer SUBJECT: Airport Projects 14 through 16 As you know, we are proposing to revi~e and amend the above subject projects in connection with Roanoke Municipal Airport, The following is an explanation of these proposed changes. It is requested that City Council consider this at the earliest .. possible time, since their approva$ of these proposals mast be given before we can submit them to the Federal Government, a, Project 14 - this project includes the acquisition of land along the north-south runway and in the north clear zone areal also the construction of apron pavement in the vic'Unity of the terminal building, Principally as a result of rising land values occasioned by the construction of Interstate Route' SSIt the cost to complete this project as originally proposed, now exceeds available funds. To minimize this increase we propose to defer to Project 15 the acquisition of seven (7) parcels of land in the north clear zone. Basically, the apron construction is under contract and completed to a large degree. We propose to request a small change order for curbing and guard rail along the existing service road for the pur- pose of controlling storm water runoff and a vehicular barrier; this work is estimated to cost $3,000 of which fifty per cent (50~) would be Federal participation. The original estimate faf this project In acnordnnce with the Grant Agreement uts $280,000, Our revised estimate covering the above described changes including contingencies is $310,000, It will be necessary rot Council to adopt cn ordinance requesting and authorizing the execution of an emend- meat ia the existing Grunt Agreement and its exhibits far. the purpose of changing the description of land to be acquired under this project and the change order. b, Project 15 - this project includes the acquisition or land in the north clear zone area and the construction of taximay lighting and a small amount of paving. in order ~o cov~r the aCquisitiOn o! tb ...... parcels deferred from Project 14, we propose to defer until Project 16 the acquisition of all or part o! eight (ill other parcels originally included under this · project, Coupled with the construction costs (bids for which mere recently approved subject to F,A.A. con- currence), engineering and administrative charges, nnd contingencies, our estimate for the project as revised would be $235t0000 It mill be necessary for Council to adopt an ordinance requesting approval of a new Project Application in beeping with our pFoposed revisions, . c, Project 15- this project includes the acquisition of land to complete the north and south clear zones and land adcent to the taxiway serving runway 23, This will pick up the carry-over land from Project 15, plus other acquisitions originally intended for this project. Our total estimate is nam $360,000. It will be necessary for Council to approve an ordinance covering a new request for aid in keeping with the proposed revisions. These changes have been discussed on several occasions with F.A.A. Officials who are basically.agreeable to our proposals. They have suggested minor contingency additions which explains the difference between the above mentioned project.totals and the figures sub- mitted to the Budget Study Commission; in no case are these latest figures more than a few thousand dollars addltlon~l.' In this connection, Mr. B. Cletug Broyles. Director of Public Norhs, and Mr. Mllliam F. Clark, City Engineer, appeared before Council and displayed maps showing the proposed changes. Mr. Stoller moved that the matter be referred to the City Attorney for preparation of the proper measures. The motion was seconded by Mr. Mheeler and unanimously adopted. BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written report, recommending that Mr, Joseph A. Brown, Administrative Assistant, Health Department, be authorized to take aa Executive Development program course at the University of Georgia August 29-September 17, 1965, at a tuition fee of $700 for which funds have been included in the proposed 1965-65 budget. After a discussion of the matter. Mr. Jones questioning the high cost of the tuition fee. Mr. Stoller moved that action On the recommendation of the City Manager be deferred until the next regular meeting of Council on June 21, 1955, in order to obtain additional information, The motion was seconded by Mr, Pollard and unanimously adopted. STATE HIGflMAY$: The City Manager submitted a written report, advising that he has secured options on four.parcels of land.needed in connection with the improvement of Virginia State Route 24 and two residue parcels of land needed for other public purposes, aod recommended that Council authorize the purchase of same. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (z16471) AN ORDINANCE authorizing the acquisition of four (4) parcels of laud needed for the Clty*s'Ste~e Monte 24 Project, and the acquisition of Iwo (2) residue parcels of laud needed f~r other public purposes, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 210.) Nr~ Stoller mored the adoption of the Ordinance. The motion mas seconded by Mr. Mheeler and adopted by the following vote: AYES:' NesSrSo GarlandI Jones, Pollard, Pond, Stoller, Nheeler and Mayor Dillard ................. NAYS: None .................. In this connections the City Manager submltted'a verbal report, recommend- lng that he be'authorized to submit offers for thepurchuse of other parcels of land needed in connection mith the improvement of Virginia State Route 24. Mr. Stoller moved that Council concur in the recomnendution of the City Manager end offered the following emergency Ordinance: (~16472} AN ORDINANCE authorizing and directing the acquisition of certain properties.in the City necessary for the improvement und construction Of State Route No. 24, in the City; authorizing the City Manager to make to the respective owners thereof offers for the City's purchase of said propertles~ providing for the acquisition of said properties, or any of them, by condemnation under certain circumstances; and providing for an emergency. (For full text of Ordinances see Ordinance Book No. 20s page 212.) Mr. Stoller moved thp adoption of the Ordinance. The notion was seconded by Mro ffbeeler and adopted by t~e following vote: AYES: Messrso Garlnndl Jones~ Pollard. ~ond. Stolle~. Mheeler and Mayor Dillard ....................... NAYS: None ..................O. ffATER DEPARTMENT: The City Manager submitted a written report, recommend- ing that Council authorize the execution of an agreement with the Norfolk and iNestern Railway Company for a crossing permit over its tracks on the access road to the Tinker Creek Diversion site across the property of Mr. D. C. Moody. Mr. Stolier ~uved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance; (z16473) AN ORDINANCE providing for the City's use of un existing private grade crossing over the right of way and ~rack of the Norfolk and Mestern Railway Company near Cloverdule, Virginia, upon certain terns and conditions; and providing for an ener~enCyo (For full text of Ordinance. see Ordinance Book No. 28. page 214.} Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mro Jones and adopted by the ~olIowing vote: AYES: MessrSo Carlnnd, Jones. Pollard, ~ond. Stoller~ #heeler and Mayor Dillard ........................?o NAYS: None .................. O. A3RI~RT: The ~lty Manager submitted a uti,ten report, recommending that Council authorize the execution or'a lease agreement with the United States of America, Federal Aviation Agency, for rental of Room No, log in Hullding Ho, I at Roanoke Municipal (Mo*drum) Airport.for n term of'one year b~ginning July 1, 1965, and ending June 30, 1966. for the sum or $360 per annum, rot use of Field Engineerin Group No, 395. After a discussion of the matter, Hr, Jones voicing the opinion that the space should be rented on a month to month basis in vleu of a study being made by n committee of the rate structure at the airport, Mr. St*lief moved that the matter he referred to the City Attorney to prepare the proper measure providing for the rental of the space on a month to month basis; The motion wow seconded by Mr, JOneS and unanimously adopted, BUDGET-BRIDGES: The City Manager submitted a written report, trnnsmlttin · request of the Virginia Department of Highways that Council adopt a Resolution requesting a project on Virginia Route 24, Dale Avenue, S, E,, from Vernon Avenue to the west corporate limits of ¥intono a distance of .15 mile, including the widening of the bridge over Tinker Creek on Dale Avenue, at a total estimated cost of $110,000, of which the City of Roanoke would pay $16,500. On motion of Mr. Jones, seconded by Mr, Pond and unanimously adopted, the matter was referred to 1965-66 budget studI. TRAFFIC-SCHOOLS: Council having referred the matter of upgrading the traffic signal installation at Brandon Avenue and Grandin Road. S. ~., to include pedestrian signals, to the City Manager for study and report as to the estimated cost, the City Manager submitted a written report, advising that the estimated cost of upgrading the traffic signal is On motion of Mr. St*liar, seconded by Mr. Rbeeler and unanimously adopted, the matter was referred to 1965-66 budget study. PURCHASE OF PROPERTY-GARBAGE REMOVAL: Council having referred to the City Manager for tnvestigatio~ and report, the question of Mr, Lawrence Ro Hoell as to when an alley will be extended from Kenwood Boulevard to Greenbrier Avenue, S, R., in the 1800 block, the City Manager submitted a written report, advising that the extension of the alley is scheduled to be accomplished during the month of July. On motion of Mr. Rheeler, seconded by Mr. Jones and unanimously adopted. the report mas filed. PENSIONS-FIRE DEPARTMENT: Council having referred to the City Manager for clarification and report the complaint of Mr. John H. Mitchell, retired fireman, that he was unable to get his pension check cashed by municipal departments, the City Manager submitted the following report: · Roanoke, Virginia June 14, To the City Council Roanoke, Virginia Gentlemen: At the reguhrmeetiug of Council of June 1, you referred to me u complaint of a retired fireman, in mhlch he commented that ho nas unable to get his pension check cashed by municipal deportments. Title 5. Chapter 2, Section I of the City Code of the City of Roanoke Is as folloms, and I quote: *No officer dr employee of the Clay who collects dr receives money payable to the City shall cash uny check received by hf~, nor shall any such officer or employee make any accommodation advance or cash any check as an accommodation for anyone out of any public Boney collected or received by him, nor shell any such officer or employee accept any post-dated check In payment of any account payable into the treasury of the City.t The respective officials and department heads are merely carrying out your ordinance, and they will continue to do so unless you make appropriate amendments. Respectfully submitted, S/ Arthur S. Owens City Manager" On motion Of Hr. Pollard, seconded by Mr. Jones and unanimously adopted, the report sas filed.' THAFFIC: The City Attorney submitted a written report, advising that the Judge of the Circuit Court for the City of Roanoke, at a hearing held on' June 14. 1965,* amarded the Oak Grove Development Corporation a temporary injunction against the City of Roanoke and the City Manager. effective forthwith, restraining the maintenance of the barricade across CorbJesbow Road, Se Wa, in the city. and the obstruction or' unlawfhl interference with free and proper use of the street by the petitioner and others, and directed the immediate removal of said barricade. Mr. Smaller moved that the City Manager be directed to comply with th~ court order and remove the barricade on Corbieshaw Road immediately. The motion was seconded by Mr. Garland and unanimously adopted. REPORT5 OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 16460. rezoning property located in the southeast corner Of Liberty Road and Hill:rest Avenue, N. W., described as Lot 1aA, Block Milliamson Groves. Official Tax No. 3090236, from'General Residence District to Special Residence District, having previously been before Council for its first reading, read and laid over, was again before thebody. Mr. Smaller offering the following for its second reading and final adoption: ' (s16460) 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 Rook No. 28, page Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Hessrs, Garland, Jones, Pollard, Pond~' St,il*r, Kheeler and loyor Dillard ..................... HAYS: K,ne .................O, ZOKIKG: Ordinnnce Ko. 16461, fez,sing property l,coted on the northwest corner or Salem Turnpike nnd Twenty-third Street, K, M** described as the southern portion of Lots 15 nnd 16, Block 102, Melrose Lend Cowpany, Official Tax 2322223, from General Residence District to Business District, having previously been before Council rot its first reading, read end laid over, wes again before the body, Mr, St,liar offering the following for its second readin~ and final adoption. (o16461) AN ORBINAKCE to amend and reenact Title X¥. Chapter 4. Section 10 of The Code of the City of Roanoke, 19S6, in relation to Zoning. (For full text of Ordinance, see Ordinance BOOk Ko. 28, page 209.) Hr, St,liar moved the adoption'of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St,Il*ri Nheeler and Mayor Dillard .......................... NAYS: None ................. O. ZONING: Ordinance No. 16462. rezoning property located on the north side of Rerkley Avenue and the south side of Roanoke Avenue Extension, S. W., between Barks Street and Edgewood Street, described as Lots 7-11, inclusive, Block F, Virginia Heights Extension, Official Tax Nos. 1510407, 1510406, IS10405, 1510404 and 1510403, from Special Residence District to Light Industrial District, having previously been before Council for its first reading, read and laid over, ~as again before the body, Mr. St,liar offering the following for its second reading and final adoption: (x16462) 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 fu~l text of Ordinance, see Ordinance Book Ko. 28, page 209.) Bt. Stoller moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St,lief, Wheeler and Mayor Dillard ...........~ ............. 7. NAYS: None ..................O. PARKS AND PLAYGROUNDS: Council having diredted th~ City Attorney to prepare the proper measure amending Section 3, Chapter 6, Title VIII, of The Code of the City of Roanoke, 19S6, to prohibit the cutting of any woody plant on municipally-owned land by persons other than those employed by the City of Roanoke for this purpose unless a written permit is first secured from the city~ he present,, same. In this connection, Mr. J. L. White, Division Superintendent of the Appalachian Power Company, appeared before Council, advising that the Appalachian rower Compasy has about 200,000 trees It has to trim period~clily, o~t Just *Ice a ~ear, mhich is done by Rattler* Tree Expe~ts, that the power compuuy has had no complaints concerning its tree trimming program and in view of this is wonderlsg if the proposed 0rdlnnnee is ,ecesssry, Mr. Mhite ?lllng ut*em*ion to the provision thc* upon the cutting dole or removal of trees and shrubs all stumps and roots shall he completely removed Bud the ground surface restored and reseed,do voicing the opinion that this would be n very expenslre nad fmprnctical pro,*dare, especially for the city, Mr. Carl L. Crags*n, Division Manager, Tree Surgery, Rartlett Tree E~pert Company, concurred in the remarks made by Mr. Mhlte, Admiral Carl*ton H. Wright, Chairman, City Beautification Committee of ~he Men*s Garden Club of Roanoke* Insisted that the proposed Ordinance is needed. After a discussion of the matter, Mr. St*lieF suggesting au ~nspectlon fee of $5 cod the City Attorney pointing out that apparently the Virginia Dep~rtment of Highways fixes the amount of the inspection fee and the performanc.e bond with each application, Mr. troller moved that the draft of Ordinance be referred back to the City Attorney for conference ~ltb representatives of the utfll.ty companies and the Men*s Garden Club in view of the questions raised during the discussion, The motion was seconded by Mr. Wheeler and unanimously adopted. B~DGET-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 pres,ate? same; mhereupon, Mr. Stoller offered the following Resolution: (m16474) A RESOLUTION authortzin~ the City Manager to e~p~oy certain personnel. (For full text of Resolution, see Resolution Rook No. 28, page 215.) Mr. Stoller moved the adoption of the Resolution. The motion mas seconded by Mr. Pollard and adopted by the foil*win9 vote: AYES: Messrs. Garland. Jones, Pollard. Pond, St*lief. ~heeler and Mayor Dillard ........................ NAYS; None ..................O. STREETS AND ALLEYS-SCHOOLS-PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure exchanging a portion of the south side of Staunton Avenue, N. W,. east of Fifth Street, closed by Ordinance ~o. 13481, for a strip of land ~ned by Ga!nsboro Nursery School, Incorporated, to provide access between Lucy Addison High School and Mashington Park, he presented same; whereupon, Mr. Stoller moved that the folloMing Ordinance be placed upon its first reading: (~16475) AN ORRINA~£E authorizing the exchange of certain real estate between the City of Roanoke and Gainsboro Nursery School Incorporated, upon certain terms end conditions. NEEBEASt the exchange of the properties herelnurter described bus been proposed by the City Engineer nnd bus been opproved und recommended by the City Planning Commission, meeting on Ney 19, 1965, and the Olay #manger has recommended to the Council its adoption of this ordinonce. THEREFORE, D£ IT ORDAINED by the Council of the City or Roan,he that the proper City officials be, and they ere hereby authorized and directed, for end on behalf oS the City, to. execute, nchnowledge and deliver n good and sufficient deed oS conveyance, conveying to Galosh,r, Nursery School, Incorporated, that certain 20 by, lGO-root strip of land abutting the north lines o! Lots 1, 20 3 and 4, Dlooh 2, according to the map AZleghauy Addition as recorded in Plat Boob l, page 175, in the Olerh*s Office of the Olrcuit Court rot Roan,he County, Virginia, being the southerly part oS the land in a portion ol Staunton Avenue, N. here,or,re permanently vacated, closed and abandoned, such deed to he with Special Warranty,of title and upon form prepared end approved by the City Attorney, the conveyance aforesaid to be made in consideration of a contemporaneous conveyance by Galosh,r, Nursery School, lac., to the City of Roan,he of the southerly 20 rent Lots 1~ 2, 3 and 4, aforesaid, together with sufficient additional land to provide rot the corner rounding shown on Plan No. 4gO$~pFepaFed in the Office of the City Engineer, u copy oS which is on tile In the Office oS the City CJerh, said last- mentioned paecel oS land containing, in ail, opproxlmately .UT3 acre of land and being~ shown, outlined in blue crayon, on the copy or Plan No. 4905, above-mentioned said deed to be, likewise, upon such form as is prepared and approved by the City Attorney. The motion nas sec,,dad by #r. #heeler and adopted by.the following vote: AYES: Heists. Garland, Jones, Pollard, Pond, St. Ilar and Rheeler ....... NAYS: NayoF Dillard ................................................... STATE DrGD#AYS: Council having directed the City Attorney to prepare the proper measure providing rot the purchase of a parcel of land from CaF1 Cecil Guckler and Erfte #. Cackler ro£*the sum of $3,33? in connection with the tmprovemen of Virginia State Route 24 and the acquisition ol the residue of said property un additional sum~ol $143 for public pnrposes, he presented same; whereupon, 3toiler offered the roll,wing emergency Ordinance: (z16476) AN ORDINANCE directing the acquisition of certain property needed for the improvement Of State Route No. 24 and the acquisition Of certain additional residue property needed*for public purposes, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, page 2i6.) Mr. $toller moved the adoption of the Ordinance. The motion was seconded by Mr. wheeler and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard, Pond, St,lieF, Wheeler and Mayor Dillard .......................... 7. NAYS: None .................. O. TAXICABS: Council having directed the City Ah,or*ay t~ prepare the proper measure approving the issuance of mn extended Certificate of Public Convenience end Necessity to BoP.Ua Cab Company, Incorporated, for the operation of ten rather then six taxicabs in the City of Roanoke, he presented seme~ mkereupou Hr. Nh*clef moved that the following Ordinance be placed upon i,ts first readings (ml~477) AN ORDINANCE approving the extension of m certificate of public convenience and necessity to be issued B.P.#. Cab, Conpuny, In, atp.rated, for the operation o~ certain taxi~abs in the City° g~ER~AS, at the meeting of the Council held on Jane 7. 1965, the City #ana~er reported to the Council es required by Section 5, Chapter I of Title IIX of The Code, of the City of Roan.he0 1956, on the upplication of B.P.M. Cab Compuny, Incorpo~eted, for a certificate of public convenience and necessity authorizing said company to operate ten (lp) taxicabs In the City, Ordinance No. 15680 end certain prior ordinances having authorized the operation of six (6) such taxicabs~ and W~EREAS, it appears from the report of the City Manager that due and proper notice of said application has bees gives and published by the applicant as provided for in Section 4, Chapter 1, Title IIX, of said Code, and the City Manager has recommended that the Council approve the issuance of the extended certificate of public convenience and necessity; and NHER~i$, since the filing of the City Manager*s report mith t~e Council as aforesaid, no party has taken or filed written exceptions thereto with the City Clerk, and the Council concurs in the recommendation made by the City Manager. ~flEREFORE, HE IT ORDAINED by the Council of the City of Roan,he that said Cuuncil does hereby authoriz~ and qpprove t~e issuance by the City M~nager to B°P,N, Cab Company, Incorporated. of a Certificate of public convenience and necessity authorizin9 said company*s operation of a total of ten (10) taxicabs on the streets of the City in accordance with all applicable provisions of Chapter 1, Title XIX of The Code of the City of,Roanoke, 1956, and other applicable ordinances of the City; all prior certificates of public convenience and necessity heretofore Issued qr authorized to be transferre~ to said BoPoN. Cab Company, Incorporated, to thereupon be cancelled and revoked. The motion mas seconded by Mr. Pollard and adopted by the following VOte: AYES: Messrs. Garland, Jones, Pollard, Pond, St.lie*, Wheeler and Mayor Dillard ......................... 7. _ NAYS: N~ne-~ ...............O, SPECIAL PERMITS-STREETS AND ALLEYS: Council having requested the attorney for Messrs. Harris S, Birchfield and John re*mit Birchfleld to prepare the proper measure permitting ~he encro~chmen~ of thei~ bnild~ng located at 1114 Fourth Street, S, No, a distance of 0.15 foot on an alley for the remaining life of such building, he presented same; whereupon, Mr, Stoller moved that the full,win9 Ordinance be placed upon its first reading: I (n16478), AN ORDINANCE authorizing end permitting the encroachment of u certain building existing on~properW known as the northerly part of Lot B. Block 22, Lewis Addition (Official,Tax No. 1022609)elu, upon iud over a certain public milky within the City of Roanoke and the main*em*nee of such encroachment upon certain conditions. MfiEREAS, application has been made to the Council of ~he City of Roanoke that the City of Roanoke authorize the maintenance and continuance of a certain encroachment of an existing ,building in, upon and over a certai~ publi~ alley in said Block 22 of the Map of Lewis Addition, beginning at a ,point 1~0 feet northerly from Albemarle Avenue, S. U., and east of Fourth Street, So M., a distance of 0.15 foot .in said public alley, as such encroachment now exists and as is nh*mn on a map made by C. H. Malcolm ~ Son, dated May 5, i965, on a plat showing subdivision of property of Harris S. Slrchfield, widower, and John Hermit Blrchfield and Christine L. Olrchfield, his wife, a copy o~ which map was filed with the aforesaid application and is on file in the Office of the City Clerk; and MHEREAS, the matter was referred by the Council of the City of Roanoke to a committee consisting of the City Manager, the City Attorney, and the City Engage*r, for investigation and recommendation and said committee has recommended that the continuance and maintenance Of said encroachment should be permitted until said building is destroyed or removed. THEREFORE, BE IT ORDAINED by the Council of th~ City of Roanoke that the present owners Of said property and their successors in title of said, property described as the northerly portion of Lot 0, Block 22, Map of Lewis Addition. Official Tax No. 1022609, be, and they are hereby, authorized to continue to encroach and to maintain an encroachment of the existing building on said property in, upon and over a certain public alley located in said Block 22, Hap of Leman Addition, beginning at a point 130 feet oorther~y from Albemarle Avenue, S. W., and east of Fourth Street, S. W., a distance of 0.15 foot in said public alley, as such encroachment no~ exists and o$ is shown on a map made by C. fl. Malcolm ~ Son dated May 5. 1965, on o plat showing subdivision of property of Harris S.,Bitchfield, widower, and John Kermlt Birchfield and Christine L. Hirchfield, his wife, a copy of which map was filed with the aforesaid application and is on file in the Office of the City Clerk, to the extent that such encroachment now exists, and as same appears on said map, until the building on said property Is destroyed or removed. HE IT FCRTHER ORDAINED that an,attested copy of this Ordinance, together with a copy of the aforementioned mapo be, at the request of any aforesaid applicant transmitted to the Clerk of the Hastings Court of the City of Roanoke, Virginia, to be spread at the cost of such applicant upon the deed books in said office. The motion was seconded by Mr. Pollard ended*pied by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: None ..................O. '72 TRAFFIC: Council having adopted Resolution Ko, 16459, authorizing the GIW Baoager to cause 8 portion of Kirk Aveoue, S, M** to be closed to traffic on June 12o 1965, between the hours of O u,w, and .5 p,m** in order that the Roanoke Fine Arts Center might conduct thereon its annual public outdoor Aris Festivalt the CiW Manager advised that the Arts Festival was not held because or inclement weather; whereupon, NFo Jones offered the following Resolution: (~16479) A RE$OLDTION authorizing the City Manager to chase a portion of Kirk Avenue, S. M** to be closed to traffic on June lg, 1965, between the hours 0:00 a,m, and S:O0 pom, t in order that the Roanoke Pine Arts Center may conduct thereon its annual public outdoor Arts Festival, (For fell text of Resolution, see Resolution Book No. 28. page 217.) Mr, Jones moved the adoption of the Resolution. The motion was seconded by Mr, Pollard and adopted by the following vote: AYES: Me ssrso Carlando Jones, Pollard.. Pond. St.liar° Mbeeler and Ma/or Dillard .......................... ?, NAYS: None .................. MOTIONS AND MISCELLANEOUS flUS~NESS: PURCHASE OF PROPERTY-PARKS AND ~LAYGROUNDS: Council at its meeting on February 23, 1965, having adopted Ordinance No, 16292, providing for the purchase of 4°5 acres of land from Messrs. Herman Trompeter and S, Albert Trompeter at a price not to exceed $?,000, in connection with the extension of. Niley Drive along Roanoke River, and Mr, Barry N, Lichtenstein, Attorney, having requested that the Ordinance be amended to permit extension of sewer laterals to the remaining property of his clients and the construction of a maximum of five crossovers at equal intervals, and the City Manager having voiced the opinion that any amendment to Ordinance No. 16292 should be permissive rather than mandatory cc the basis of if and when*Wiley Drive is extended, and there having been some question with regard to the crossovers, and the request having been referred to the City Attorney for investigation and preparation of the proper measure. Mr. Lichtenstein appeared before the body, advising that there seems to be some confusion as to whether,or and displayed a map showing the need for the crossovers if and when Niley Drive is extended over a portion of the 4oS acres of land purchased by the city. After a discussion of the matter, Mr. ~heeler moved that the question be referred to the City Attorney and the City Manager to confer with Mr. Lichtensteln in the preparation of the proper measure on the basis of the map displayed by the 80NOS-CITY TREASURER: Mr. 5toiler pointed Out that the City Treasurer is not included in the,blanket bond for city employees and moved that the question of Nessrs, Robert A. Garlond, Choirmon, Benton O. Dlllord; Roy R. Pollard, St,, nuerord n, Thompson nad Jack H, Coulter for study, report end recommendation to Council. The motlon was seconded by Mr. Jones nad unanimously adopted. POLICE DEPARTMENt: Hr, Stoller presented the follouing communication, suggesting that the Police Department be surveyed nad rated by on Impartial orgnnizotion such os the International Associctlon of Chiefs of Follce~ #Hay 20, 1965. Honorable Hayor and Fellow Members' of Roanoke City Council. Gentlemen: Me ore all interested Jn improving the working conditions of all our City departments. A. particularly important, one which affects all our citizens is our Police Department. Our police protect our lives and property, enforce our laws. and maintain the tranqolliW of our community. Desiring to improve the efficiency of our Police Department, it is my suggestion that me hare Jt surveyed and rated by an impartial organization such as the International Association of Chiefs of Police. it may be that a reorganization of the Department would be proposed. However, I do not wisk to anticipate the results of the survey. It is also well to note that our administrators are aware that local salaries rank low and that lack of funds has been n serious handicap in improving the calibre of the Department. The present Council, however, can pridefully point bo its institution of a 40 hour week, increase of personnel and ratings, increase in salaries, increase in equipment, paid holidays, use of police dogs, establishment of a youth bureau, and establishment of a ironing division, all accomplished since September, 1962. It would also be my thought that we extend this survey approach to other departments from time to time. Within the limitations Of funds available to ns, we must constantly 3trlve to have as good a City as we can afford in all operations. Sincerely. S/ Murray A. Stoller Is Murray A. Stoller.* In this connection. Mr. Ronald D. Schoenbardt, President, Employee Opinion Surveys, Incorporated, appeared before Council and verbally outlined a proposal for making such a survey. Mr. Stoller moved that the request of Mr. Schoenhardt that his firm be employed to make the survey be taken under consideration and that he be requested to submit his proposal in writing to the Mayor. The motion was seconded by Mr. Pollard and unanimously adopted. PLANNING: Mr. Stoller presented a communication from the Housing and Home Finance Agency, announcing the recertification of the Workable Program for Community Improvement in the City of Roanoke until June 1, 1966. On motion of Hr. Stoller. seconded by Hr. ~heeler and unanimously adopted, the communication mas filed. SIGNS: The City Manager brought to the attention of Council a request of the Roanoke Bridle Club for permission to install a banner across Jefferson Street 74 for tb~ per~od trot ~aae l?~ 1965, through Jane 26, 2965~ la connection vltb Its Annual Horse Show to he held at ~eher Field on June 26. 1965, Hr, Stoller moved that Council concur in the request nod uttered the to~lowing Resolution: (a164BO) A RE$OLUTIOR authorizing the City Manager to permit the Roanoke Bridle Club to install a banner across Jefterson Street upon certain terms and conditions. (For tull text ut Resolution, see Resolution Book No. 26, page 2IT,) Hr. Slollor muted the adoption of the Resolution, The notion mas secoade~ by Mr. Pollard and adopted b7 the folloning vote: AYES: Messrs, Barland, Jones, Pollard, Pond, Stoller, Nheeler and Mayor Dillard .......................... NAYS: None .................. O. On botion Of Mr, ~ollnrd, seconded by Mr. Stoller and annuimously adopted the meeting was adjourned. APPROVED ATTEST: / Glty Clerk Mayor COUNCIL, SPECIAL ME£TING, Nede~sdey, June,16, 1965o The Council of the City of Roanoke met in special meeting in the Auditorium Of the Cityts Health Center, Mednesdiy. June 16, 1965. it 7:30 for the purpose of cont~nuing the public hearing on the proposed Zoning Ordinance to review the Ordinance in general, permitting the Roanoke Bar Association and attorneys representing various requests of citizens regarding zoning ~f certain parcels of laud to be heard. PRESENT: Councilmen Robert A, Garland. James E, Jones, Roy R, Pollard, SFe, Clarence E. Pond, Murray Ao Stoller and Vice Mayor Vincent S. ~heeler ........ ABSENT: Mayo~ Benton On Dillard ........................................I. OFFICERS PRE~ENT: ~r, James N. Eincaaon, City Attorney. ZONING: Council having continued its public ~earlng until 7:30 pom** May 19~ 1965, on the proposal of the Roanoke City Planning Commission to adopt an Ordinance amending in its entirety Chapter 4, of ~itle XV, Of The Code of the City of Roanoke, 1956, as presently amended, relating to Zoning, thereby amending, supplementing, changing or modifying all of the regulations, restrictions, bonndarie and districts provided for iff said chapter or Sho~n on the Zoning Plan referred to in Section I of said chapter for the purpose of reviewing the Ordinance in general, permitting the Roanoke Bar Association and attorneys representing various requests of citizens regarding zoain9 of certain parcels of land to be h~ard. MOo T. L. Plunkett. Jr** serving on the Bar Association Committee appoint. t9 study the proposed Zonin9 Ordinance with Messrs. John D. Carr, A. Tracy Loyd, N. Court:ney King, Jro, and G. Marshall Mandy, advised that the Committee could only speak as individuals regarding the measure and not as representatives of the Bar Association. Mr. John D. Carr of the Bar Association Committee appeared before Council in opposition to the proposed Zonin90rdtna~nce pointing out the inflexibility of the measure by calling attention to Section 300o121, Single Family Dwelling, wh'ich d~fin~s ~ dwelling as occupied by one family only; Section 300.13, Family, which provides In part. "that unless all members a~e related by blood or marriage, no such family shall contain Over five persons"; ~ection 130.01, Single Family Reside~tial District Minimum Yard Requirements, Section 300.341, FrOnt Yard, which reads in part, *that no fence,wall, hedge or other vegetation shall be permitted which materially impedes vision across such yard"; Section 130°01, Maximum Height of Structures, 2 ]/2 storl~s or 35 feet and Section 300.125, High-rise apartment, stating in part, *stories above the ground level of the'principal entrance;' Section 200.'0~, Certificate of Zonin9 Compliance for ~onconforming Uses; Section 210.01, Establishment and Membership of the Board Of Zoning Appeals; Section 210.04, Appealsq P~oced~re$, Notice, Hearings.blob reads In part. *that ~arlngs concerning special exceptions shall be held exactly ten days after final publication;* and Section 2~0,04 which provides, "that proposed zoning amendments shall.be held only ia the l~st h·~r 0f the'months or February, Ray, August and Novemberl#snd expressed the opinion that constant amending of the nap as provided for in SeCtion 100 could cra·tm un unreadable plan. '' Mr~ Rern~r R, Sensbach,'Director o~ City Planning, explained th·t the reason for the definitional a family was to prevent any dwelling from becoming · rooming house, that the matter of nonconforming bses could be handled through city employeeS, that the purpose of setting up quarterly hearings on rezonlng was to relieve Council of continuous hearings through the year and that notntinns would oniy be made on tb~ nap r~gnrding {he amendments. Mr. Samuel P. Nackely appeared in connection with a'reque~t that his '' property located on the south side of ThuFston Avenue, H. E** between Rllklns Street and Milliamson Road, described as Lots 2?-30, inclusive. Block B. Hilliamson Gro~es~ Official Tax Nos. 3070250 and 3070251, be ·Dried underSection 130.05, General Commercial District - C-2, instead of under Section 130,02, Ou~lex R~sl- dential District - RD. Hr. Clifton AD Hoodrum. III. representing heirs of the E.' J. E~erich Estate, r~quested that ~ l.?g-acre tract of land located on the northeast corner of Liberty Road and Ridgefield Street. H. E,, Official Tax Ho, 3131501, be zoned under Section 130009, Light Hanufacturlng District - LH. or some sort of buffer zone be created rather than zone it under Section 130.02~ ~uplex Residential District - RB as neighboring property is proposed to be zoned under Section 150.10~ Heavy Manufacturing District - HR. and property located on t~e northwest corner of Hollins Road· and Horton Ave'nun. N, E** described as Lots 1 and 2, ~. J. £merick Hep. Official ~ax Nos. 3130611 and 3130612 be zoned under Section 1~0.0~. General Commercial District - C-2, instead of Section 130.02, Duplex Residential District - RD or creation of a buffer zone. Hr. Claude D. Carter. Attorney, representing citizens in the Hollins Road area, the Hollins Road Civic League and Hr. Fred G. Alouf, Sr., appeared before Council ~equesting that properties located on the east side of Bollins Road. N, between BI'est*ne ~venue and Shull Road, now zoned for business described as a portion ~f Lots 1, 10 and.Il, Bloc~ 2, Bluestone Addition, Official'Tax Nos. 3250201, 3250203, 32502~2 and 32502131 a portion of a 1.25-acre tract of land, Official'Tax No. 3256301~ a parcel of'land bearing Official Tax No. 3250302 and a O. 5-acre tract of land bearing Official Tax Ho. 3~5030~; and property ~ocated on the northwest corner of Liberty Road and Meadow Street, N. E., described as Lots 10 and ll,'Block 1, Meadow Land'Map. Official Tax Ho. 2071322 which are now z~ned as bnsine~s be zoned under Section 130.05o General Commercial District ~ C-2, instead of a~ proposed under Section 130.02, Duplex Residential District ~ RD. Mr. Halter H. Hood, Attorney,~ representing Mr. Dudley L. Marsteller, Jr., appeared before Conncil requesting tint property located on the s;uth sid; of Orange Avenge, N. M., between Fifth Street nad Peach Road, described ua Lot 11, Block 2, Official Survey,*Offlciul, Tax No.'2020218 be zoned under Section 130.05, Gezernl Commercial District - C-2 instead of under Section.130.03~ General Residence District - aG-2; tkat property located on the northeast corner of Loedon Avenue and Nineteenth Street, N. R., described us Lots I and 2t Hloch 300 Hyde Park Land Compeey, Official Tax Nos. 2210509 amd 2210510 be zoned under Section 130.05, General Commercial District - C-2 instead of Section 130.03, General Residence District - BG-1; and that a 1.3~ucre tract of land located on the west side of Franklin Road, S. M., north of Roanoke River Official Tax No. 1040102 be maintained us Industrial by zoning it under Section 130.10, Heavy Manufacturing District instead of Section 130.09, Light Manufacturing District - Mr. M; Coat*ney King, Sr., Attorney, representing the following property owners, requested that their property be zoned under Section 130.06. Central Business District - ¢-3 instead of Section 130.04, Office and Institutional District C-l: Carter and Jones Dry Cleaning and Dyeing, Incorporated, whose property is located on the south side of Melrose Avenue. Ne Me, west of Van Buren Street, described as Lots 4-7, Block 25, Mashing*on Heights Land Company, Official Tax Nose 2761804-2761006; Mrs. Almelda #. Spencer owner of property located on the south side of Helrose Avenue. N. W., west of Van Huren Street. described as Lot 10. Block 25, Official Tax No. 276160g; Hr. John £. Thornhill whose property is located on the southwest coFner Of Mesa 51de Boulevard and Melrose Avenue, N. W., described as Lots 9 and 10, Block 26, Mashing*on Heights Land Company. Official Tax Nos. 2761909 and 2?61910; and Lewis M. and Marie S. Mills owners of property located on the south side of gelrnse Avenue, No Mo. between Mesa Side Boulevard and Van Buren Street, described as Lots 1-4, Block 26, Mashing*on Heights Land Company, Official Tax NOS. 2761901-2761904. Mr. Jack B. Coulter. Attorneyt representing Messrs. O, Matts Gills and Robert M. Putnam, requested that property located on the north side of Shenandoah Avenue. N. M.. between Stevens Road and Thirty-sixth Street, described as Lots 7-9, Oak View Heights. Official Tax Nos. 2730222 and 2730223 continue to be zoned as business by zoning them under Section 130.05, General Commercial District - C-2 instead of Section 130.01, Single Femily Residential District - RS-2. Nra S. Griffith Dodson. Jr.. Attorney. representing ar. GeorgeKissak, et al., appeared before Council and requested that property located on the west side of Mhiteside Street, No So, between Mingfield Avenue and Huntington Boulevard, describe~ az Block 10, Mepleton Heights, Official Tax No° 3150102 now zoned for business be zoned under Section 130.05, General Commercial District - C-2 instead of Section 130002. Duplex Residential District - RD; and property located on the west side of Mhiteslde Street, N. E., between Preston Avenue and Fleming Avenue described ns a 3.Sa?-acre tract of land, Official Tax No. 3190325 be zoned under Section 130°05, General Commercial District - C-2 instead of Section 130001, Single Family Residentia District - RS-3. On motion of Mr~ Stollero seconded h~ Nr, Jones and unanimously odoptedt th? p~blic hearing mas continued until 7:30 p,t,, Jnl~ 14,, 1965, at the Health Center Asditorium~ ATTEST: APPROVED Hayor COUNCIL,. REGULAR MEETING, Monday, June 21, 1965. The Council of the City of Roanoke met In regular me'eta,ag in the Council Chamber lo the Municipal, Building, Moadayt June 21, 1965, at 2 p.m., the regular meeting hour, mith #ay*? Dillard presiding. PRESENT~ Councilmen Robert A. Garland, James £. Jones, Roy R. Pollard, Sr., Clarence E. Pond, Murray A. St*lieF, Vincent $. Wheeler cod Mayor Benton O. Dillard ................................. ?, ABSENT: None .................O, OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. James N. Kincanon, City Attorney, and Mr. J. Robert Thomas, City Auditor. IN¥OCATION~ The meeting was opened with a prayer by the Reverend £. C. Day, Post*r, Trinity Methodist Church. HINUTE$: Copy of the minutes of the regular meeting held on Tuesday, June 1. 1965. having been furnished each member of Council, on motion of Mr. Pollard, seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: Council at its meeting on June 14. 1965, having continued a public bearing on the application of Roanoke Hospital Association to vacate, discontinue and close certain portions of Belleview Avenue, Lake 5treat and Hamilton Terrace, S. Eo, adjacent to and/or in front of Roanoke Memorial Hospital, until 2 p.m., June 21, 1965, in order that o committee appointed to study the question of possible damages to theCrystal Spring water supply as a result of the proposed expansion of Roanoke Memorial Hospital might meet with representatives of Roanoke Hospital Association, the matter was again before the body. In this connection, a commnnlcation from Mr. W. A. Dickinson, Attorney, representing Roanoke Hospital Association, advising that he has been informed the committee will not be ready to submit,its report until July 12, 1965, and request- ing that the public hearing be furtber continued to July 12, 1965, was before July 12, 1965. The motion was seconded by Mr. St. Ilar and unanimously adopted. *Progress Report Ho. 2, Roanoke City laclaerttor - Jnne 21,' 1965 - INSPECTION TRIP: On Jane 4, 1965, Messrs. Arthur Owens, Stuart Franklin, J. N. Hahn, and I made nn inspection trip to Portsmouth nad Norfolk, Virginia, to observe the cityOs incinerator ut both places and to see the operation of the power reels and power tracks' at the l~l's Coil Piers ~t Lamberts Point, Virginia. The Portsmouth incinerator is relatively new0 having be~n in service approximately 2 years. This installation mas engineered by Greeley and Hannah, Chicago, and the furnaces, stack and allied parts mere constructed by Pyro Incinerator and Supply Corporation. Blneola,'N. Y.. and Boiler Brick and Refractory Company, Richmond, Virginia. The incinerator has 2 furnaces each of which is rated at ITS-tons per day, total capacity 350-tons per dev. The Stack is 10' 6u inside diameter by 175' high. It bas a 5-ton bridge crane Which handlea refnJe from'the garbage pit. The garbage pit has vertical malls and m~ll hold approximately 500-tons. The incinerator has a spray system far'removing most of the fly ash from the furnace gesese and has a large bin located under the furnace section filled mith mater into which incom- bustible material from the furnace is dumped. An endless chain drag conveyor removes the waste material from the bin tO a highway truck parked on the ground floor. It also has a recirculating bin for the mater used in the spray chamber. This is an excellent design of incinerator, has good operating results, and cost the City of Portsmouth approximately $1,300,000.00. The City of Norfslk has 3 incinerators. One located in the downtown area with a capacity of about 50-tons per dayi one at 41th Street near NGN*s Lamberts Point Terminal mhich handles over 130-tons per day, and one small one at Ocean View that has a Capacity of 12-tons per day. The only one of the three we observed mas the 120-ton capacity incinerator at 44th Street. Zbis is a very old incin= erator*mith 4 furnaces and 2 stacks in mhich the trucks loaded with selected refuse drive up on a ramp and discharge the load on the fluor and it ii shoveled from there into the furnaces. They have no automatic method of removing incombustible material and the furnaces can be used only a~proxi~ately 7 hours per day and then the incinerator is shut off, furnaces cooled down and cleaned out for the next dayts operation. This is a very inefficient and unsatisfactory type of incinerator and the City of Norfolk is now making plans to build a complete nam incinerato~ of larger capacity. Norfolk has a large sanitary fill pertly located in water near the 44th Street incinerator which is used to damp SOme of tb~ garbage from 'the residential sections of'the city. The inspecti0p trip also l~cluded.a visit t5 N~W*s modern Coal Pier No. 6 at Norfolk, particularly, to observe numerous appli- cations of 'reel and power track installations on the two ship loaders. The purpose of this part of the trip was to determine the suitability of power reels to replace the multi-conductor trolley system on Roanoke*s incinerator that has been so troublesome to maintain. The group that viewed the several installations of reels and power trachs thought that the power reels offered a better solution to our problem than the power track. CHANGE ORDERS: Hoanoke City Council passed an ordinance for $60,000 at the meeting on March O', 1965 to cover modifications of the incinerator in accordance with report submitted by Greeley and Hannah. Hr. Franklin'of Eubank, Caldwell and Associates has pre- pared specifications and drawings which were submitted to Pyro Incinerator and Supply Corporation for quotations, and the quotations have been received, approved by Greeley and Hansen and we are r~ady to proceed with the follcming items by the issuance of a resolution Of council covering the expenditure: I. Damper Controls , , . . . . . $ 1,780 including wiring 2. Recording Pyrometers . . . . '4,040 including Wiring 3. Overflre Air Fans , . , . . . 6,$40 Including Installation 4. Observation Openings .... _1.1OO TOTAL $13,460 These prices ore well within the estimates of Greeley and flansen nad we recommend a change order, X-l, be issued so that the murk may proaeede A list of spare parts rot the hoist has been prepared by Hsrnischfeger Corporntlon ns recommended by Greeley and Honsen In their reporte 9notations have been received and we are ready for issuance of n change order. X~2. The total amount of the quota- tion for the spare parts for the hoist is $2,725.30 Po O. O. Milwaukee. Rlsconsln. On the modifications of the pomer system for the crane, me have contacted Appleton Electric Company, Chicago, Illinois. and Industrial Electric Reels. Ina., 0moba, Nebraska, and had their representatives in Roanoke to observe, firsthand, the operation of the incinerator crane and they have submitted quotations on power reels similar to the one used on the telescopic pipe for ~¥*s ship loader on Pier 6 at Lamberts Point, Virginia. Application sketchs are being prepared by Embank, Caldwell and Associates which are to he approved by Greeley and Nansen, then we are ready to have a change order. X-Ss Issued on Harnischfeger to incorporate these changes. Dramings have been prepared by Embank, Caldwell and Associates on the changes of the cross section of the garbage bin and these were submitted to Greeley and Nansen. Thes~ have been approved by Greeley and Honsen and we are ready to put this o~t for local bids. It is estimated by Greeley and Hansen that the'cost of this project will be $10.000.00, which ue consider to be very con- servative, The total omonnt for the above mentioned modifications, in our opinion, will be well within the amount authorized in the ordinance. The City Attorney has prepared resolutions to corer the expenditures for change orders X-I and X-2 for City Council approval. W~TER SPRAY FLY ASH REMOVAL SYSTEM: Embank, Caldwell and Associates have asked Pyro Iicinerator and Supply Corporation to update their proposal for installing a water spray fly ash removal system, and they have submitted a quotation to perform the necessary work, dated June 3. 1965, which is somewhat less than estimated by Greeley and Hansen. This mill include furnishing and installing a water spray fly ash removal system consisting of a fly ash separator, necessary slurry and booster pumps, settling tank complete math baffles, necessary induced draft fans with motorst duct Murk'to draw gases out oft he existing flue and into the existing chimney, alterations in the furnace hydraulic dampers, pipe murk, etc. Upon completion of the above work, the incinerator mill be guaranteed to burn 230-tons per 24-hour day without 'visible fly ash and within the existing local smoke' ordinances, The time required to make these chinges can be worked along math the other modifications and Ynrnace down time would be approximately 3 weeks per furnace during the modification period. Preliminary plans have been made by Embank, Caldwell and Associates covering installation of the water spray fly ash removal system and thesehnve been sent to Greeley and Hnnsen for approval, The original contract between Pyro and the City of Roanoke, prepared by Embank, Caldwell and,~ssoclates, states that any '82 additions or deductions as provided in the specifications to the original contract'pricbe'e~u'bb lu~tituted by the issuance or a change order. Since Pyro is thoroughly familiar with the pr,blaBs exlstihg'ot the incinerator and ' will be doing mark under change order X-l, the committee feels that both time and'money cab be saved by issuing Pyro an additional change order to proceed with this work at the same time. If this procedure i~ agreed upon, Pyro will prepare the necessary drawing mhich will be approved by Greeley and Hannah. The committee recommends that ue proceed mith issuance of a change order Immediately. ~PERATION OF CITerS INCINERATOR: Rather than having the Gltyts incinerator under the Jurisdiction of the Superintendent of Refuse Collection and Disposal Department, whose duties are so varied and ~xactlng that proper attention cannot be given to the Incinerator, merecommend that the City delegate the operation Of the incinerator to the Director of Public Works for engineering advice and overall supervision'and place the daily operation of the incinerator undera new Job classification and this step to be taken at the earliest possible date. The new Job classification is listed below: A list of operating procedures will be prepared under Eubank, Caldweil and Associates* direction and this information will be furnished the Director of Public Works. We believe this will be a much more satisfactory arrange- ment, mill offer overall engineering supervision of the incinerator which is required and is in keeping mith incinerator operations observed fa other cities. MAXNTENANC~: The CltySs Incinerator loses efficiency and the maintenance cost Is increased because of the lack of proper maintenance. Rlth the change in operating supervision as listed in the fore- going paragraphs and with a definite understanding ts to the responsibility of maintenance these shortcomings can be largely corrected. An adequate supply of repair parts for critical items of the incinerator should be hept on hand and maintaining this material will be one of the responsibilities of the Director of Public Works. LANDFILL: In order to provide additional cover material, and to raise the level of the East Gate landfill, it is recommended the 13 (thirteen) houses and all of the vacant lots located On the north side of Worth Avenue, which property adjoins the East Gate landfill be acquired by the City. The Budget Commission has included in the 1965066 Budget an item of $40,000 to acquire this property. City Council*s approval of this recommendation would permit the Department of Public Works to move ahead immediately in having this property appraised and In acquiring the property. 'Since the incinerator is scheduled to be closed for a period of approximately 6 seek*$ duration later this summer, it ia Imperative that action be taken on the land acquisition at this time. ESTIMATED DOWN TIME OF THE INCINERATOr: After all of the material has been received for naklog the 'modifications, including the water spray fly ash removal system, all the modifications can be made simultaneously and barring unforeseen difficulties it is estimated the incinerator will be out of service approximately 6 weeks. ~IMETABLE FOR COMPLETION OF PROJECT: Depending upon delivery of manufactured materials which are ~n tight supply, Such as motors, fans, controls, steel products, eton, it Is estimated that approximately 3 months will be re,wired to prep*re the shop dromlngo Bud secure the accessory mot,rials. This time mill stort nrt~r City Council bas approved the issuance of the foregoing c~ange ?rd*rs, S/ ¢, E, Fond C. E. Fond** In a discussion of the matter, M~. St*lief raised the question os to mhy the re*posed improvements mere not included in the original specifications for improving the City Incinerator, Mr. J. Stuart Franklin, Jr** representing Eubank, Caldmell nod Associates, Architects and Engineers, explained that the firm mas trying to keep the cost'of the project et a minimem, ' Mr. Pond moved that Council concur in the recommendations of'the committee nod offered the following emergency Ordinance approeJng Change Order X-I to the contract of Pyro Inginerator and Supply Corporation: (s16481) AN ORDINANCE authorizing the City Manager to issue Change Order X-I to the contract of August 16, lg63,'betm~en the City and Pyro Incinerator Supply Corporation, relating to certain improvements to the Cityts Refuse lucia,rat* Plant; and providing fir an emergency. (FOr full text of Ordinance, see Ordinance Rook No. RO, page Mr. Pond moved the adoption of the Ordinance. The motion was' seconded by Men aheeler and adopted by the following vote: AYES: Messes, Garland, Jones, Pollard, Pond, St*lief, Wheeler and Mayor Dillard .......................... 7, ' NAYS: None ..................O. Mr,' Pond offered the following emergency Ordinance approving Change Order X-2 to the contract of Harnischfeger Corporation: (~16462) AN ORDINANCE authorizing the issuance of a change order to the Oity*s contract with Oaroischfeger Corporation for certain improvements to the City's Refuse Incinerator Plant; and providing for a'n emergency, (For full text of Ordinance, see Ordinance Book No. 28. page 222.) Mr. Pond moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. Stoller. Wheeler and Mayor Dillard ......................... NAYS: None ................. Mr. Pond offered the following emergency Ordinance approving Change Order I-3 to the contract of Pyro Incinerator and Supply Corporation: (~16483) AN ORDINANCE authorizing the City Manager to issue Change Order I-3 to the contract of August 16, 1963. between the City and Pyro Incinerator Supply COrporatlon.'relhtlngsto ~ertain improvements to the Clty*sRefuse lnctnerato~ Plant; and providing for an emergehcy: (For fall text of Ordinances see O~dinance Rook No. 28, page 223.) Mr. Pond moved the adoption Of the Ordiacnce. The motion mas seconded by Ir. Wheeler and ad~pted by the folloming vote: AYES: MesSrSo Garland. Jones, Pollcrd, Pond, SCalier, Wheeler and loyor Dillard ........................ NAYS: None ................. O, Hr. Pond moved that the recommendation of the Special Incinerator Committe that supervision of the daily operation of the City Incinerator be placed under a new Job classification in the Pay Plan be referred bock to the committee for further study, report and recommendation to Council. The motion mas seconded by Hr. Wheeler and unanimously adopted. Hr. Pond then moved that the City Attorney be directed to prepare the proper measure providing for the appraisal of the property aeeded to expand the East Gate Sanitary Landfill and the securing of options thereon, The motion mas Seconded by ~ro ~heeler and unanimously adopted. LIBRARIES: Hr. J. E. Dudley, Sr., Chairman of a Steering Committee for the construction of a Southeast Branch Llbrary, appeared before Council and presentel petitions signed by 3,160 residents of the southeast section, requesting that a branch library be provided for their area, NF. Stoller moved that the petitions be received and filed. The motion mos seconded by Mr. Pollard and unanimously adopted. The Reverend Harold E. Helms appeared before Council in support of the request, Nr, Helms advising that the residents of Southeast have no desire to take priority over the proposed construction of the Raleigh Court Branch Library, that they hope funds for the Raleigh Court Branch Library will be restored to the 1965-66 budget non under consideration, but that they would like for consideration to be given to placing the Southeast Branch Library in line for construction after the Raleigh Court Branch Library, Hr, William D, Dltman, representing the Garden City Parent-Teacher Association, appeared before Council and presented petitions signed by 813 residents of the Garden City section, requesting that library facilities be provided for the Southeast and Garden City areas and voicing the opinion that any study made con- cerning the provision of library facilities for Southeast should take into considera- tion Garden City, that these facilities should be located centrally so that tbey are available to the various areas or a bookmobile should be provided for those areas removed from the branch library. Mr. Pond moved that the petitions be received and filed. The motion was seconded by Hr. Rheeler and unanimously adopted, Mr. Garland then moved that the matter be referred to a committee composed of Nayor Benton O, Dillard. Chairman, NF. Vincent S, Wheeler. Mr. #illiam L, Whitesides and Mrs. Elisabeth N, Dremry for study, report and recommendation to Council. The motion was seconded by Mr. Stoller and unanimously adopted. At this point NF. Pond left the meeting. CITY MAREET: Dr. Joh~ M, Cknppelenr,*Jr,',.Pre~ldeat, Downtown Roan*he, Incorporated, appended b~fore Council nad presented a plan to revitalize the City Mather area es prepn~ed'~y the'City #erket Improvement Committee of Domntomn Roan*bee Incorporated, and the Southwest Section, Virginia Chapter, of The American l~stltute of Architects, Appearing in support of the plan were Mr, ¥illiem R. Dill, Executive Director, Do~ntown Roanoke, Incorporated, Messrso M, Howard Monde Paul D, Grins, and M, Carl Andrews, members of the City Darker Improvement Commlttee,' Mr. Do Clay Ferguson, member o! the Doard of Directors, and Mr. Joseph L, Rertz, a merchant at the City Market. Dr, Garland voiced the opinion that shoppers have moved amay from this type of shopping mlth the increase In supermarkets and shopping centers, but was told that the City Market still operates a hustle-bustle business and is unique because it Is' In the downtown area where it can be reached easily. After a further discussion of the matter, Dr. St*lief moved that the plan be taken under consideration and referred to 1965-66 budget study. The motion was seconded by Dr, Pollard and unanimously adopted. PETITIONS AND COMMUNICATIONS: ZONIND: A communication from Mr. S. P. Nackely, requestin9 that property located on the south side of Thurston Avenue, N. E., between Welkins Street and Wlll~amson Road, described ns Lots 27-30, inclusive, Block B, Millinmson Groves, Offl~lal'Tax Nos. 3070250 and 3070251, be rezbned from General Residence District to Business District, was before Council. On motion of Mr, Garland, seconded by Mr, Rheeler and unanimously a~opted the request was referred to the City Planning Commission for study, report and recommendation to Council. ZONING: A communication from Rr, Claude D, Carter, Attorney, representin! Richard R. Damlett Construction Company, Incorporated, requesting that the portion of a 6, g-acre tract of land oi Franklin Road, S. W,, Official Tax No. 1290101, zoned as General Residence District, be Fez*ned to Special Residence District, was before Council. On motion of Hr. Dh*el*r, seconded by Dr: Pollard and unanimously adopted, the reqoest was referred to the City Planning Commission for study, report and recommendation to Council. REPORTS OF OFFICERS: BUDGET-PAY pLAN:' Council having ~uthor lzed the e~ployment Of Public Administration Service to make n comprehensive review of classification and compen- sation plans for personnel rules, and related matters, for n sum not'to exceed $7,000, the City Manager submitted a written report, advising that to include approximately 300 non=professional members of the school system in the survey will cost an additional $1,500. On motion of Mr, StoIlere seconded by Mr, Pollard smd unanimously odopted~ the question of Including these members of the school system in the survey mot BUDGET-PAY FLAN-PLANHING: The City Manager submitted a written report, recommending that be be authorized to fill the position of Assistant Planning Director in the Planning Department since it in of an emergency nature. Mr, Stoller moved that Council concur in the recomtendatlon of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion mas seconded by Hr. Jones and unanimously adopted, SEWERS AND STORM DRAINS~ Council having authorized the acquisition of easements needed for the Wright Road=Robyn Road sewer project from Mr. Bulloch in the amount of $220,45, the City Manager submitted a mritten report, transmitting a counteroffer from Mr. Bnlloch in the amount of $367,77, and Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=16484) AN ORDINANCE amending Ordinance No, 16232 providing for the City's acquisition of certain easements necessary for construction of the Wright Road - Robyn Road - Colonial Avenue and Creston Avenue Sanitary Sewer Project; and ~roviding for an emergency, (FOP full text of Ordinance, see Ordinance Hook No, 20, page 224.} Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the folloming vote: Dillard .............................. NAYS: None ..................O. (Mr, Pond absent) The City Auditor advising that an additional appropriation of $1,000 is needed for the Wright Road - Robyn Road sewer project, Mr. Stoller offered the following emergency Ordinance: (~16485) AN ORDIHANCE tO amend and reordain Section =170, "Capital,' of the 1965 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book Wo, 28, page 225,) 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 ............................. NAYS: None ..................O, (Mr, Pond absent) STATE HIGHWAYS: The City Manager submitted the folloming report with regard to the acquisition of property needed in connection with the improvement of Virginia State Route 24: "Roanoke, Virginia Jane 21, 1965 To the City Council Roanoke, Virginia Gentlemen: Our negotiator for land needed on Route 24 has advised me that Mrs. Reua Bradley. owner of Parcel ~o. 04?, 406 Elm Avenue, S. E., and B. A. and Rildred Nafft owner of Parcel No. 010, 605 Jnmison Avenue, S. E., bare refused the Cityes offers for necessary land needed for Route 24 in the amounts of $28?5 and $3152, respectively. There is a residue left Jn each case; however, I see no reason for the City to purchase this land unless there is a willing seller. Therefore, I recommend that you make an official offer for the necessary property for Route 24 and an offer for the ~esldae; however, if the offer for the residue is not accepted, then make no further action to purchase it. Respectfully submitted, S/ Arthur S. Owens City Manager# The City Manager also submitted a written report, recommending that construction easements be acquired fram Rillinm Edward and Montugue M. Starkey and C. E. and Dorothy L. Moodson in connection with the project. In this c~unec~tou, a group of property owners ]n the 400 and 50D blocks of Elm Avenue, S. £., appeared before Council in opposition to the amounts offered for their homes. Mr. T. S. Martin, Jr., complained that the price offered for his property is lomer than the amount it is assessed for taxation, that the price is also lower than the amounts paid for property In the 300 block of Elm Avenue, So E** and questioned the method used by the Virginia Department of Highways in appraising his land. Also speaking In opposition to the amounts offered for their homes were Mrs. LaVernia T. Lee, Hr. C. G. Updike and Mr. J. M. Cf*use. After a further discussion of the matter, Mr. Jones moved that the Virgini Department of Highways be requested to make a new survey and appraisals of the properties on Elm Avenue, S. E., from Fourth Street through Seventh Streett needed In connection with the improvement of Virginia State Route 24, and submit the results of same to Council for its consideration. The motion was seconded by Mr. Wheeler and unanimously adopted. SCHOOLS-PARKS AND pLAYGROUNDS: The City Manager submitted the following report with reference to acquisition of the former FAA Radio Range at Andrews Road and Nineteenth Street Extension, N. W.: "Roanoke, Virginia June R1, 1965 To the City Council Roanoke, Virginia Gentlemen: ! have been advised by the City Attorney, Mr. James N. Elncanon, that the City'has now acquired 7.83 acres of lhnd on Andrews Road and lgth Street Extension, N. M., which is formerly the radio range site of the Federal Aviation Agency. One of the conditions of the conveyance to the City is t~at the ~land be forever used end maintained as a public path and public recreations! area as proposed in the Cityts application made to the government for the conveyance under date of June 24. 1964. I recommend that by appropriate resolution that you include this in the park system of the City of Roanoke and designate en appropriate name. Respectfully s~bmltted,', S/ Arthur'S. Owens City Manageru Mr. St*lieF moved that Council concur In the recommendations of the City Manager Suggesting that consideration he given' to naming the park the John F, Kennedy Park, and moved 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: The City Manager submitted the foil*win9 report, transmitting a petition of residents of portions of Cove Road. Andrews Road and Florida Avenue, N. M., requesting that a sewer project be initiated to serve the area: 'Roanoke, Virginia June 21, 1965 To the City Council Roanoke, Virginia Gentlemen: A group of property owners in the Cove Road area has asked the City to pay one-half of the cost of providing sewers. The total cost is estimated at $3,000, which our part would be $1500. · Under existing ordinance, my office is only permitted'to approve one-half of the cost of sewer lines up to 300 feet with the property owners paying all the cost In excess of 300 feet. The property owners want an exception in this case, and I am bringing it to you for your disposition. Respectfully 'submitted, S/ Arthur S. Owens City Manager* 'Mr. St*lief moved that Council concur in ~he r~q~est 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 HIGHWAYS: The City Manager submitted a writt~ report, recommending that the United States Of Americat Housing and Home Finance Agency, be requested'to agree to extend the time provided for in the Grant Agreement for the acquisition of open=space land in connection' with the Mill Mountain, Ch*stunt Ridge and Yellow Mountain Recreational Area from one year to two years. Mr. Stoller moved that Council concur in the recommendation of the City i Manager and offered the following Resolution: (=16486) A RESOLUTION relating to the City's contractwitb the United States of America, Housing u~d Home Finance Agency for grant to acquire certain open-space land, , (For full text of-Resolution, see Resolution Book No. 29, page 226.) ~r. St*lief moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Ressrs, Garland, Jones, Pollard, Stollero Yheeler and Mayor Dillard ............................... NAYS~ Moue ..................O, (Mr, Fond absent) FIRE DEPARTHER?-CORRISSIONER OF TRE REVENUE: Council boring referred to the City Manager for investigation and report n complaint or Mattox, candidate for the Democratic nomination for Commissioner of the Revenue, that the Chief of tbe'Fire Department has ordered firemen to remove his campaign bumper sticker's from their private automobiles on the grounds that the cars are )nrked on city property, the City Manager submitted the following report: 'Roanoke, Virginia June 21, 1965 To the City Council Roanoke, Virginia You referred to me at yOUr meeting of June 1, 1965. a complaint of a candidate for the Democratic nomination for Commissioner of the Revenue, with reference to an order by the Fire Chief that cars belonging to fire department employees be required to remove certain stichers from their c3rst while'the cars are located on city property assigned to the supervision · oY the Fire Chief. · I appointed a committee consisting Of the Chief of the Fire Department. Sidney Elngery, Assistant Chief Alfred K. Hughson, Staff Captain Clayton D. Sink and three citizens, Messrso Sydnor M. BrizendJne, Jr., Danford M, DeShields, Jr., and Frank D. Mandy. to make n study of the then rules and regulations governing the fire On September 1, 1964, these gentlemen concluded their study and I approved the 'Rules and Regulations for'the Government of the Fire Department.' In Chapter ?, Section ?,11, there is clearly defined reason governing the situation and I quote: that is calculated to disparage or bring into disrepute permitted to remain on the bulletin hoard in any fire station or elsewhere on any property of the Cityof Fire Department of said City,' I feel certain that the gentlemen who drew these rules were sincere in their belief in trying to make reasonable rules and regulations, consistent with wide latitude for individuals to pursue their partisanship activities as they sam fit. I directed the Chief of the Fire Department to make a survey concerning partisanship activities and I believe their rules are consistent with the practices of five other Virginia cities, The report is available in my office for your observation at anytime, It would appear to me that Chief Vnnghan In his enforcement of the rnlesl nhereashe permitted each individual the option of parking on the fire department property under his supervision ns usual without the partisanship sticker, or If left on, park somewhere other than city property, interpreted the rules properly in my Judgment; and I concur in his actions, Respectfully submitted, S! Arthur S, Owens City Manager* Mr, Stellar moved that Council express itself as being of the opinion that tolJtical bumper stickers of the usual type endorsing election of a particular candidate shall not be construed as violating Section ?.11, Chapter 7** of the Rules and Regulations of the Fire Department, The motion was seconded by Mr, Garland and unanimously adopted. 89 STREETS AND ALI~. YS: Coqucil hiving refqrred to the City Manager for study end report a petition signed by tweqty citizens, requesting that Mllson Street. S, E,, from Pechiu Avenue to Morgan Avenue. be repairede the City Manager subwi.tted u mritten report, advising that repairs to the street will be accomplished neither permitting, either on June 17 or June 18. 1965. and that in the event of inclement weather repairs will be made during the week of June 21. On motion of Mr. St*liar. seconded by Mr. Pollard and unanimously adopted. the report was filed. APPOINTMENTS-HEALTH DEPARTMENT: The City Manager submitted a written report, advising that he is appointing Dr. W. Allen Hark*F. Dr. E. G. Gill and Mr. Milliam P. Swartz. Jr.. as members of the Hoard of Health for a term of two years each beginning July 1. 1965. On motion of ~r. St*Il,r. seconded by Mr. Garland and unanimously adopted. the report was filed, REPORTS: The City Manager submitted a written report, transmitting a report of the Department of Public Welfare for the month of April, 1965, and listing other monthly departmental reports on file In hls office. On motion of Mr, Pollard, seconded by Mr. St*liar and u~animously adopted, the repo~t was filed. REPORTS OF COMMITTE£5: WATER DEPARTMENT: The committee appointed to study the bid of Stetsco Service Company on cleaning, repairing and painting the Carroll Avenue Standpipe submitted the following'report: *June 15, 1965 TO - The Council of the City of Roanoke Gentlemen: Your committee has reviewed the bid by Stetsco Service Company, Charlotte, North Caroline on the subject work° Inasmuch as only one bid was received and it was con- siderably higher than had been estimated, your committee recommends that the bid of Stetsco Service Company be rejected and that the project be re-advertised in about 90 days, The need for this work is not so urgent that it could not be postponed for two or three months and it is probable that a more favorable bid can be obtained in the fall. Respectfully submitted, ~/ Robert A. Garland Robert A. Garland! Chairman S/ Arthur S~ Owens Arthur S. Owens S/ J, N, Klncanon S! Joseph A, Hroqan Joseph A. Brogan" Mr. Gm,land moved that Coancil concur in the recommendation of the committee and offered the foil*win9 Resolution: (m16487) A RESOLUTION reJectlag'n bid ~eceived for repolntJog the *Clty*s Mater Department Carroll Avenue, N, W** standpipe. (Far roll text of Resolution, see Resolu~lom Hook No, 28, page 22?.) Mr, Garland moved th~ adoption of the Resolution, The motion was seconded by Mr. Jones and adopted by the folloming vote: AYES: Messrs, Garland, Jones, Pollard, Stoller, Mbeeler and Mayor Dillard .............................. 6. NAYS: None ....Z ............. O. (Mr. Pond absent) UNFINISHED BUSINESS: BUDGET-H~ALTfl DEPARTMENT: Council ~t its last regular meeting having deferred action on a recommendation of the City Manager that Mr. Joseph A. Braun, Aduinlstrative Assistant, Health Department, be authorized to take an Executive Development Program course' at the ~niversity of GeOrgia, Athens, Georgia, August 29 through September 17. 1965, in order to gain more information as to the high cost of the tuition fee of $700, the matter was again before the body. In this'connection, Dr. Milliam H. Reeler, Commissioner of Health, appeare before Council, explaining that this Is a concluding and final phase of the Super~ viso~y Management COUFSe that Mr. Brown has be~n enrolled in before, that the course he took last year has done much to help Health Department administrative operations,'and that although the tuition fee, mhich does not include travel expenses of approximately $50, seems high it is his opinion that in ~he long run it will be a morthwhlle investment. Mr. Pollard moved that Council concur in the recommendation of the City Manager that Mr. Brown be authorized to take the course, The motion was seconded by Mr, Stoller and unanimously adopted~ CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SCHOOLS-STREETS AND ALLEYS: OrdinanCe No. 16475, authorizing the exchange of a portion of the south Side of Stnunton Avenue, N. M., east of Fifth Street, heretofore permanently vacated, closed and abandoned, for a strip of land owned by Cainsboro Nursery Schooi, IncorpOrated, t~ provide for access between Lucy Addison High School and Nashington Park, 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: (~16475) AN ORDINANCE authorizing the exchange of certain real estate between the City of Roanoke and Gainsboro Nursery School, Incorporated, upon certain te~ms and conditions. (For full text of Ordinance, see Ordinance Hook No. 28, page 218.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. #heeler and adopted by the following v~te: AYES: Messrs. Garland, Jones, Pollard, Stoller and Hheeler ............ 5, NAYS: Mayor Dillard ................................................. 1. (Mr. Pond absent) TAXICABS: Ordinance mo. 16477, approving the issuance of ia extended Certificate of Fabli¢ Convenience end Necessity to B.P.W. Cab Company. Incorporated. for the operation of ten rather than six taxicabs in the City of moaaohe, having ~reviously been before Council for its first reading, read and laid over. mas again before the body. Mro Stoller offering the following for its second reading and final adoption: (x16477) AN ORDINANCE approving the extension of o certificate of public convenience and necessity to be issued B.F.W. Cab Company. Incorporated. for the operation of certain taxicabs in the City. (For fall text of Ordlnenceo see Drdinance Boob No. 2B. page 219.) Mr. Stellar moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: messrs. Garland. Jones. Pollard. Stellar. hheeler and Mayor Dillard ...............................6. WAYS: None ..................O, {Mr. Pond absent} SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No. 16478, authorizing and permitting the encroachment of a Certain building existing on property known as the northerly part of Lot 8, Block 22, Lewis Addition (Offical Tax No. 1022609), a distance of 0.'15 foot on an alley for the remaining life of such building, having previously been befgre Council for its first reading, read and laid over. was again before the body. Mr. Wheeler offerin9 the following for its second reading and final adoption: (~16478} AN ORDINANCE authorizing and permitting the encroachment of a certain building existing on property known as the northerly part of Lot B, Block 22, Lemis Addition (Official Tax No, 1022609), in, upon and over a certain public alley within the City of Roanoke and the maintenance of such encroachment upon certain conditions, (For full text of Ordinance, see Ordinance Book No, 29, page 220.) Mr, Wheeler mated the adoption of the Ordinance. The motion mas seconded by Mr, Stoller and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard, 5toller, Wheeler and Mayor Dillard ........................... NAYS: None ................. O. (~r. Pond absent) BUDGET-PA~ pLAN-JUVENILE AND COMESTIG RELATIONS COURT: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill the vacancy of Deputy Clerk in the Juvenile and Domestic Relations Court, he presented same; whereupon, Mr. Stoller offered the following Resolntion: (~16468) A RESOLUTION authorizing the City mana9er to employ certain )ersonnel. (For full text of Resolntion, see Resolution Book No. 2B, page 228°) Ir. Stoller moved the adoption of the Resolution. The motion mss seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland. Jonen. Pollard. Stoller. Wheeler and Mayor Dillard ........................ 6, NAYS: None .................. O, (Wro Pond absent) ACTS OF ACKNOML£DCMENT-pLANNIRG~ -Council having directed the City Attorney to prepare ,be proper measure recognizing the service to the City of Rosnohe by Mr. Werner K. Sensbuch as Director of City Planning. he presented same; mhereupon. Mr. Stoller offered the follomlng Resolution: Cn164Og) A RE~OLUTION recognizing the service to the City by Warner R. Sensbuch us Director Of City Planning. (For full text of Resolution. see Resolution Rook Ho. 20. psge~225.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Hr. Jones and adopted by the following vote: AYES: Ressrs. GaFland. Jones. PollaFd. Stoller. Nheeier and Mayor Dillard .................................6. NAYS: None ....................O. (Mro Fond absent) STATE HIGHWAYS: Council herin9 directed the City Attorney to prepare the proper measure granting to the Commonwealth of Virginia. Department of Highways an option to remove certain sand. gravel or other select soil materials, from the Muse Spring property along Virginia Route 116 near the intersection of Banning,on Street. S. £~. in connection with the project for Route 581 between Milliamson. Road and £1m Avenue. he presented same; whereupon. MFo Jones moved that the follow- ing Ordinance be placed upon its, first reading: ,(n164gO) AN ORDINANCE graotin9 to the Commonwealth of Virginia an option to remove certain sand. gravel or other select soil materials from certain City-owned property, upon certain terms and provisions. WHEREAS, contractors for the Commonwealth of Virginia. Department of Hlghmays. will need certain borrow material for tbe construction of State Route No. 581 in the City and the use of such material from the City's property on Route No. 116 near the intersection of Hennington Street, $. E.. might serve as a means of improving said Route NO. 116 in the City; and the City Manager has recommended that the Council grant the option hereinafter provided. THEREFORE, BK IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk be. and they are hereby authorized and directed to execute and deliver to the Commonwealth of Virginia. through its Department of Highways. on behalf of the City. an option drawn upon such form as is approved by the City Attorney. granting said Commonmealth of Virginia or its assigns a right tO remove certain sand. gravel or other select soil materials located on Certain property of the City lying on the west side of Route No. 116 south of the inter- section of /lverlafld Rood. $, E., and Route No.,ll6. estimated to amount to 38.000 cubic yards of material, the same to be removed and the area to be graded and left in such condition as ls agreed upon by the Gityts Director of. Public Murks and said Commonwealth or Its contractors prior to the time the. same is removed, but not to damage or adveFself affect the, City's #use Spring on said property; said option to be made upon consideration of $1,00, cash, and to extend for a period of twelve months ir*make effective date of this ordinance, The motion was seconded by Mr, St*lieF and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard, St*lief, Mheeler and Mayor Dillard ..... .-- .....................6. NAYS: None ..................... O. (Mr. Pond absent) AIRPORT: Council having directed the City Attorney to prepare the proper measure authorizing the execution of a lease agreement with the United States of America, Federal Aviation Agency, for rental of Room No. 109 in Building No. 1 at Roanoke Municipal (#**drum) Airport on a month to sonth basis, he presented same; whereupon, Mr. Wheeler moved that the foil*ming Ordinance be placed upon its first reading: (~164gl) AN DRDIWANCE murk*riming the City*s lease to the United States of America, for its Federal Aviation Agency, of Room No. 109 in the City*s Airport Building Wu. I on a month to =*nth term, commencing us of Jnne l, 1965, upon certain terms and conditions, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be. and he is hereby authorized and directed, for and on behalf of the City, to enter into and to execute a lease agreement, prepared on U. ~o Standard Form No. 2 (revised) and as approyed by the City Attorney, by w~ich the City of Roanoke will lease to the United States of America, for use of the Federal Aviation Agency*s Field Engineering Group No. 395, one room, known as Room No. 109, contain- ing approximately 144 square feet of floor space, located in the Cltyts Airport Ruilding No. 1. at Roanoke Municipal Airport. for a term of one month beginning June 1, 1965, and e~ding June 30, 1965, at a rental of $30°00 perm*nth payable to the City at the end of each month, said lease to contain, among other, the following provisions: 1, Zhat the City will,furnish to its tenant during its occupancy of said premises and as part of the rental consideration adequate heat, air conditioning, electric lighting, hot and cold running water, and Janitorial services; 2. That the lease may, at the option ~f the Government. be renewed from month to month at the aforesaid, rental, such option to be deemed exercised and the lease renewed each month for one month unless the G?vernment gives 30 days~ notice that it mill not exercise its option before said lease or any renewal thereof expires; no renewal thereof to extend, however, beyond June 90, 1975; and 3. That the Government may cancel said lease, in whole or in part, upon 30 days' written notice to the ~ity,.uotwithstandi~g any ?that provisions of said lease agreement. The motion uns seconded by Ur, Pollsrd nnd adopted by the f,il,wing vote: AXES: #etsrto Garland, Jones, Pollard, Stollero Mheeier~ nad Mayor Dillard ................................... 6, NAYS: ~one-' ...................O. (Mr, ~ond ablent) MOTIONS AND MISCELLANEOUS* BUSINESS: CITY GOVERNMENT: Mayor Dillard brought to the attention nY Council the question of inviting the Honorable Young Ch,on, Chun, Ma/or of the City of u, mjB, K,Fane to'mike an official visit to the City of Ronnoke, us a representative of the City of N,alu and of the Republic of Korea, ss a part of the Sitter City program, On notion of Mr. St,lieF, seconded by Hr. Wheeler and unanimously adopted, the matter was referred to the City Attorney for preparation of the proper measure, ACTS OF ACKNOWL~DCM£NY: Mayor Dillard informed Council that the Department o'f Virginia, Veterans of Foreign Wars of the United States, has present- ed the United States Flag to the City of Roanoke to be fl,un over the Municipal B~ilding.' Mr. Stoller moved that the flag be accepted and that the City Clerk be instructed tn express to he Department of Virginia, Veterans of Foreign Wars of the United 5rates, the appreciation of Council for this generous and thoughtful gesture, The motion was seconded by Mr. Pollard and unanimously adopted. ACTS' OF AUKNONLEDGMENT~PARKS AND PLAYCROUh~S: Mr, Jones pointed out that expressing ~he appreciation of the City of Roanoke for each donation. The motion 1965, and called for nominations to fill the vacancy, #r. Arthur N. Matthems Was reelected as u member or the Hoard of Trustees of the Employees* Retirement Syste~ or the ~lty of H,un,he for a term of four ye,rs beginning July it 1965. by the f,Il,ming vote~ FOB MR. MATTHEHSt Messes. Corlend. Jones. Pollard, St,liar. Bheeler end MoTor Dillard ............................6. (Mr. Pond absent) SCHOOLS: Mayor Dillard pointed out that the terms of Mr. Samuel P. McNeil end Mr. Roy L. Mebber es members of the H,an,he City School Board mill expire on June 30t 1965. and called for nominations to fill the vacancies. Mr. Jones placed in nomination the name of Samuel P. McNeil. Hr. Nheeler placed in nomination the name of Roy L. Mebber. Hr. St,lief moved that the nominations be closed. The motion mas seconded by Hr. Nheeler and unanimously adopted. Hr. Samuel P. HcNeil and Mr. Roy L. Nebber were reelected as members of the R,on,he City School Board for terms of three years each beginning July 1965. by the f,Il,ming vote: FOR MRSSRS. MCNEIL AHD HBHH£R: Messrs. Garland. Jones. Pollard. St,lief. Wheeler and Mayor Dillard .................. 6. (Hr. Pond absent) In this connection. Ha~or Dillard pointed out that there is a vacancy on the Roanoke City School Hoard as a result of the resignation of Dr. Lo E. Paxton and called for nominations to fill the vacancy. Mr. Jones plnced in nomJna~on the name of Mary W. Nilliams. Mr. Stoller moved that the nominations be closed. The motion was seconded by Mr. Wheeler and nnanimously adopted. Mrs. Mary W. Williams was elected as a member of the Roanoke City School Hoard to fill the unexpired term of Dr. L. E. Paxton. resigned, ending Jane 30, 1966, by the following vote: FOR MRS. HILLXAMS: Messrs. Garland, Jones, Pollard. Stoller, Wheeler and Mayor Dillard ............................. 6. (Mr. Pond absent) LIBRARIES: Hayor Dillard pointed out that the terms of Mrs. Augusta S, Edwards, Hr. G. Pr~ cis Cocke and Hr, George P, Lamrence will expire on Jane 30, 1965, that he has been informed Hrs. Edmards does not wish to serve another term, and called for nominations to fill the vacancies, Mr. Stoller ploced in nomination the name of Harold E. Helmso Mr, Jones placed in nomination the name of C. Francis Cockeo Mr, Mheeler placed in nomination the name of George P, Lamrence. Mr, Stoller moved that the nominations be closed, The motion was seconded by Hr. Wheeler and unanimously adopted. The Reverend Harold E. Helms, M~ G. Francis Cocke and Mr. George P. Lawrence were elected as members Of the Roanoke Public Library }oard for terms of three years each beginning July 1. 1965. by the following vote: FOR MESSRSo HELMS. COCKE AND LAWRENCE: Hessrs. Garland. Jones, Pollard, Stoller, Wheeler and Mayer Dillard ...........6. (Mr. Pond absent) On motion or,Mr, ~ollnrd, seconded by Mr, Jones and unenimoosly odoptedt the meetlug wc~ adJournqd, APPROYED AT'rEST: /City Clerk Mayor, Monday~ June. 20. 1965.' '' The Council er the Citl of Rounohe met In regular meeting in the Couoo Chamber la the Muaicipol Dullding. #onduf. June 28. 1965. at 2 p.m** the regulor meeting hour. ult~ #slur Dillard presldiog. PRESEMT~ Councilmen Robert A. Garland. Jam~s E. Jones. Roy R. Pollard. Sr., Clarence E. Fond. Hurray A. Stoller~ Vincent 5. Rheeler and Mayor Denton O. Dillard ................................. ABSENT: None .................O, OFFICERS PRESENT: Hr. Arthur S. Owens. City Raring.r. Mr. James N. Klncanon. City Attorney. and Hr. J. Robert Thomas. City Auditor. IN¥OCATIOM: The meeting mas opened with a prayer by the Reverend J. Haan,y. President. Lutheran Synod. HIHUTES: Copy of the minutes of the regular meeting held on Monday. June 7. 1965. hating b~en furnished each member of Council. on motion of Hr. Stoller. seconded by Hr. ~heeler and unanimously adopt,da the reading thereof mas dispensed with and the minutes approred ns recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: HONE. P£TITIOH$ A~D COMMUNICATIONS: POLICE DEPARTMEHT: A communication from Mro N. Frank Smyth, Director, Dlrision of Corrections of the Department of Welfure and Institutions. transmitting a report on an inspection of the police lookup by the Dlrision on June T, 1965, was before Council. In this oouoectioo, Mr. Stoller pointed out thut the report states the police lookup is badly in need of repaintio9 nad needs a general cleaning, that the old cast iron toilets should be replaced with modern prison type toilets and thnt all cells should be equipped with prison type basins with built in fountains that prisoners might be able to have drinking water available, After a discussion of the matter, Mr, Stoller moved that the City Manager be requested to keep the police lookup as clean as possible and to submit to Council a cost estimate on the recommended improvements, The motion was seconded by Mr. Garland and unanimously adopted, CX~Y JAIL: A communication from Mr, W, Frank Smytht 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 June ?. 1965, was before Council, On motion of Hr. Rheeler, seconded by Mr, Pollard and unanimously adopted, the communication and report were filed, AUDITS-CITY TREASURER: A communication from Mr, J, Gordon Bennett, Auditor of Public Accounts for the Commonwealth of Virginia, transmitting a report on nn audit of the accounts gad records or Hr. J, H, Johnson, Treasurer of the of Roanoke, os related to revenues collected for the state rot the fiscal y,ur ended June 30, 1964, advising that the examination disclosed that proper accounting had been made for all recorded receipts, and that the records hud ~een prepared in an excellent manner, uaw bernre C~uncll, On motion of' Yr~ Wheeler, seconded by Yr, Pond and unanimously adopted, the communication and report were filed, ' STREETS AND ALLEYS: A. coumunication frou Roanoke Life Saving and First Aid Crew, Incorporated, requeutlng that a 10-foot alley running north and south from a 14-foot alley running east and west between Franklin Road and Fourth Street, S. parallel to Day Avenue and Elm Avenue, be vaunt,do discontinued and closed, vas before Council, On motion of Mr. Stall,re seconded by Mr, Fond and unanimously adopted, the request was referred to the City Planning Commission for stud~, report and recommendation to Council. REPORTS OF OFFICERS: BUOGET-CITY MANAGER: The City Manager submitted a written report, advising that the Sonadscrlber machine in use la hfs office for almost lB years Is worn oat, and recommended that $1,170 be appropriated to provide for the purchase of Dictaphone dictating end transcr lbing equipment, as well as a dictating' and telephone recording machine. Mr. Stoller moved that Council concur in the recommendation of the City Wanager and offered the following emergency Ordinance: (#16492) AN ORDINANCE to amend and r,ordain'Section ~3, 'Manager** of the 1965 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 23, page 230.) Mr, Stoller moved the adoption of the Ordinance. The motion ~as seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. 6arland, Jones. Pollard, Pond, Stoller. Nheel~r and Mayor Dillard .......................... 7. NAYS: None .......... ~ ..... BUDGET-DEPARTMENT OF PUBLIC ~ELFARE: The City M~nager submitted n written report, adyJalng that the State Board of Nelfnre and Institutions has authorized $30.71 per day as the new maximum rate for hospitalization of indigent patients which cau be approved for state reimbursement on State-Local Hospitalization contracts, effective July,l, 1~65. Nr. Stoller moved that the matter be referred to 1~6~-~6 budget study for inclusion in the proposed budget. The motion was seconded by Mr. Wheeler mud unanimously adopted.' BUDGET-PAY pLAN: The City Manager submitted the following report,' recom- mending that he be authorized to fill certain vacancies in various ~unicipal departments since they ~re of an emergency nature: 100 mRoanoke, Vlrglola June 20, 1965 To the City Connoll Roanoke, Virginia Gentlemen: The folloming persons are needed rot the efficient operntlon of the City Government. There ore no new positions other then that mhich you have approved in the Melfare budget. Municipal Building - I Janitor, Group 20, Step 1 Maintenance of City Property - I Maintenance Laborer Group 9, Step 1 Refuse Disposal - Street Cleaning I Disposal Laborer Group 10 Police Department - I Patrolman Health Department - Clerk-Stenographer, Group 15 Public Assistance - Caseworker, Group IO Supervisor, Group ? Social Worker, Group 10 Fire Department - I Fireman Rater Department - I Junior Meter Reader, Grade 15 Respectfully submitted, S/ Arthur S. Owens City Manager' Mr. Stoller moved that Council concur Jn 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. Jones and unanimously adopted. WATER DEPARTMENT: The City Manager submitted a written report, trans- mitting a proposal of Alvord, Burdlck and Howson, Engineers, for engineering services in connection with the plans and specifications for the Palling Creek Treatment Plant project at a cost of at least $5,000 which will not include resident supervision, and recommended that he be authorized to enter into a contract with the firm of Alvord, Burdick and Howson in accordance with the proposal. Mr. Stoller moved that Councli concur In the recommendatlon of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Pond and unanimously adopted. STATE HIGHWAYS: The City Manager submitted a written report, recommendln that he be authorized to acquire two parcels of land and a construction easement needed in connection with the improvement of Virginia State Route 24 and the residue of the two parcels of land for other public purposes. Mr. Stoller moved that Council concur in the recommendation of the City Manager and Offered the folloming emergency Ordinance: (~16493) AN ORDINANCE authorizing the acquisition of two (2) parcels of land and of a certain construction easement needed for the City'.s State Route No. 2 Project, and the acquisition of two (2) residue parcels of land needed for other public purposes, upon certain terms and conditions; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 28, page 231,) Mr. St,liar moved the adoption or the Ordinance. The motiom mas seconded by Mr. Pollard end ed,pied by the following vote~ AYES: Messrs. Gorload. Jones. Pollard. Pond. Stoller. Wheeler end Mayor Dill,rd ........................ ?. NAYS: ~one ................ O, CItY ABDITOB: The City Auditor submitted n financial report of the City of Roan,Re for the month of May. JgG$. On motion of Mr. Pollard. seconded by Mr. Wheeler end unanimously adopted. the report mas filed. ZONING: Council having referred to the City Planning Commission fOr study, report and recommendation a request of the Roanoke Nehi Bottling Oorporation that property located on the south side of Melrose Avenue. N. W.. between Thirty-fir! Street and Thirty-first Street. described ms Lot 5 and part of Lots 6. ? nod B. Tract B. ~orkley Map. Official Tax Nos. 26bOdld. 2660413. 2660412 and 2660411. he fez.ned from Business District to Light Industrial District. the City Planning Commission submitted a written report, recommending that the request be denied. rapt,sensing the Roanoke Nebi Bottling Corporation, requesting a public hearing on the matter, was before Council. Mr, St,liar moved that a public hearing on the matter be held at 7:30 p.m.. August 2. 1965. The motion was seconded by Mr. Wheeler and unanimously adopted. REPORTS OF C~NMI~TEES: TAXES: The committee appointed to study the question of levying a local sales tax submitted the following report: *MEMORANDUM TO: The Honorable Mayor and Members of Roanoke City Council FROM: Sales Tax Study Committee SUBJECT: Retail Sales Tax - City of Roanoke On April 19, 1965, you appointed the undersigned committee to study the question of levying a local sales tax, the said con- mittee, to study, report and recommend to Council the results of this study. Also, we were instructed to meet and work with other governmental subdivisions in the Valley to ascertain whether or not this could be a Valley-wide tax imposed by each governnental subdivision on an agreed upon date. The committee ba~ attempted ~o carry out the instructions of Council to the extent that it has held many meetings to study and discuss spies tax ordinances of other municipalities in Virginia, as well as a model ordinance prepare~ by the Virginia Retail Merchants Association. Ordinances considered were from the following locat~ns~ Bristol, Norfolk, Richmond, Newport News, ~ Williamsburg and Petershurg~ (Ne have requested a Cop~ of the ordinance adopted ~y Charlottesville, which will be made available to members of Council upon receipt thereof.) ,The chairman of this committee in an interview with Horace Edwards, city manager, Richmond, obtained copy of the Richmond ordinance and discussed ~he basic points of the ordinance which night be applicable to the City of Roanoke. Mr. Edwards was extremely helpful in pointing out various sections of the ordinance which ore unlike the ordinance submitted by the Virginia Retail Merchants Association. In like manner, discussion mas held with Mayor James Ails, City of 101 102 Lynckburg, relative to Lynchburg adopting n sales tax ordiee·ce~ · nd It wes learned that Lyuehberg is very mush interested to.the extent that they have appointed · committee to studio ·nd es n result of this study, ··.ordinance mill be drafted rot possible passage on October i, 1965. Some*concern ~·s be~n expressed concerning t~e St·tm Sales Tax, with several well-known organizations coming out in support of a State Sales Tax. This method of state taxation has been before committees of our legislature on · number of occasions la the past only to have it voted down in committee. Your cowwlttee feels that this tax has been refused In the past because the state hsd · surplus ·nd th·t the tax was not needed. This cowmlttee feels that this coming ye·r, will be no exception. Me would like to point out that it is nam the opinion of many that the state will this biennum have the largest general fund surplus ever. Some estimates have reached $100,000.000. These estimates can be snbstatiated to some extent by a report from the State Treasury, which Indicated in a recent statement that the st·re income for the first two months was $15,000,000 ahead of the same period last year. Your committee feels that Virginia, being as conservative as she is, is mt llkei~to impose additional taxes when not needed, and more especially when there is a surplus as large aa the evidence today indicates that it wlll be. ,Your committee is well ·ware of the demands the citizens of Roanoke are placing aport this Council for new schools, libraries, bridges, utc** demands which me feel are Justly made., Me are aware of the Major Arterial Highway Plan which has been adopted by this Council and the amount of money needed to proceed with this all-important program. ~e are aware of the study being madeof the positions and salaries of the employees of the City of Roanoke and the possible effect that this study might have on · the future operation of the departments of government in our city. ~e are aware of the proposed school construction program which has a price tag of $6.5 million. There is no question but what the City of Roanoke at a very early date must have additional funds to meet the demands and requirements of e growing community. He feel that the day is fast approaching when the general fund of oar city will no longer be a source for capital improvements. This prediction is based on the increased demands of our citizens. the rising cost of supplies and equipment and the demand for higher and more competitive pay for the skills of our employees. To cite one real example, we call your attention to the budget of our school system which has increased almost $2.000.000 during the past two years of operation. Your committee was instructed to meet with representatives from the Town Of Salem, the Town of Vlnton and Roanoke County in an effort to determine whether or. not a sales tax in these locations would be feasible. This meeting was held and an expression as to the need for this tax was general. Unfortunately. the Supreme Court of Virginia precludes Roanoke County from adopting a sales tax through its decision which dealt with Henrico County. However. speaking es individuals, representatives from the county indicated that if and when permissive legislation is enacted to permit counties in Virginla to enact a sales tax, this would be forth- coming. The Towns of Salem and Vinton are presently studying ordinances from other municipalities In an effort to reach a conclusion as to whether or not they would enact · sales tax in their respective, areas. Expressions from members of these two governing bodies indicated a willingness to cooperate with the city and a need for additional revenue, which they felt could best be obtained througb.a sales tax. As you know. there are several methods by which we can finance the capital improvements mentioned above. First, we can sobmtt to our citizens a bond referendum, which will, in turn, increase the real estate tax. Me can increase the utility tax rate. which we .contend will drive industry and business from-our city, jest as will a high real estate tax. or we can impose a retail sales tax, which we believe is the most equitable tax of the three. Realizing the needs of our city, the demands of our citizens. the cooperation extended by,the Town of Salem, the Town of Vinton and Roanoke County, and further realizing that the sales tax base is the broadest of,all taxes imposed, affecting not only oar local citizens butpersons who ~isit our city attending conventions and shopping will contribute substantially to this form of taxation, and that this ordinance be submitted to this Council at the earliest possible date for passage. It is'further'recommended that your oomml%tee be ~ontiuued to work uith the city attorney ia the preparation of this ordinance ia order that it might assist the attorney mfth the knowledge It has guf~%d through its study for the post two and one-half mouths, S/ Clarence E. Pond Clarence E, Fond S/ Vincent S. Wheeler Vincent S. Wheeler. S/ Juu~; ;, Jones Jutes E. Jones, Chairman" Hr. Jones 'moved that CoundIl receive the report o! the committee. The ua*ion was seconded by Hr. Pollard and unanimously adopted. Mr. Eilllam Re Hill, Executive Director, Damn*own Ronnohe, Incorporated, appeared before Council and read th~ foil~ming prepared statement .in opposition to the proposed sales tax: "June 25, 1965 Domntoun acanohe', Inc., appreciates the desire of City Council to face up to the needs of th~ city and find the money to meet these needs. Me are well aware that essential'capital and operational needs are piling up because of lacR or. funds. But the position of Damn*own Roanoke, Inc., mas sad still is that a local sale~ tax should no.__~.tbe enacted unless a similar veudorts tax is enacted by Roanoke County. And many retailers feel that even if the county ha~d a mandates tax to gu with a city sal~s tax, business would still be hurt. Our feeling is that a good tax should stimulate the' economy, not retard it. There is every indication that a city ~ales tax would hurt business nod retard the economy', meaning it · nald be a self-defeating tax. The burden of this tax falls almost e~tirely on the retailer. It should be recognized that downtown is still very much the center of retail trade, attracting business from'all over western Vlrglnia~ Now, if' action had been taken years ago to make downtow~ so beautiful. So convenient, so competitive, that it could continue to attract au increasing number of shoppers despite the price disadvantage caused by a sales tax, we would h~ve little to worry.about: Bat that has not been the case. Downtown is just now begin- ning to get a few of the things it has needed for years. Completion of interstate 81 will vastly expand the market area. But people w6net come Just to pay higher prices than Lbey mould pay at home. In addition, it*s entirely likely that a state-wide sales tax is only a law'months off. Our legislators appear to be convinced that they*Il have to give the localities a decent break if the state wants revenue from this source. So is nam the time to try a local tax mhich will Jeopardize.our business community? ~e think not. Shopping is a habit. Do something now to break that habit and many of our friends in western Virginia may never return. Of course, use of sales tax revenue for schools and a civic center is tam, tango Hut council alr?ad? has before it another perfectly sound proposal for financing the civic center. All they need to do is act on it. As for schoolst action that could cripple our business community very probably would eliminate some of those needs by eliminating quite u few of the people who use our schools. Neither should we forget that the businessmen who are con- cerned about this tax risk their own capital and pay other taxes to the city. They employ thousands of people. Some of them follow in the steps of their fathers and grandfathers in playing u major part to help build this city. Theywant to continue to help building this city. ~e asr conn'cil to give them this opportunity by making it easier for them to do business, not harder.* 103 104 Mr. Feyton R. Keller. President of the Roanoke Rerchnn&s Association, appeared before Council and presented the following communication ia opposition in the proposed sales tax. Mr. Keller voicing the opinion that the best thing Council can do is to adopt a Resolution rag*eating the 1966 General Assembly to pass a state sales tax: #TO THE MEMBERS OF CITY COUNCIL June 19, 1965 ROANOKE, VIRGINIA A careful reading of the City budget study news reports and of Council's Sales Tax CnnmitteeOs report recommending a local sales tax for Roanoke does not. ia our opinion, afford sufficient evidence of the immediate need for so drastic a measure. The Roanoke Merchants Association therefore wishes tn reiterate Its opposition to a local sales tax expressed in our letter to Council of October 10, 1964. We attach a copy of this letter, inasmuch as ne feel that the reasons given therein for considering this proposed tax unwise and short=sighted apply with equal force today ns last fall. Retailers probably have the largest stake of any group in sound community progress. The advancement of Roanoke is essential to the survival and economic well-being of every merchant, large and small. We are sympathetic with CouncllUs problems ia providing for the needs and desires of our citizens, Our primary concern at this time is that Council members will not take precipitate action which may irreparably damage Roauokets public image and progress. Ne feel that there is considerable doubt that several of your Commlttee*s apparent assumptions will materialize, On the contrary, for example, ne believe there is every'Xikelyhood that the State Legislature can and will be persuaded to enact a state-wide uniform sales tax at the coming session starting in January, with adequate revenue provision for the localities, thus ending the pressure on Virginia cities for a patchwork of diverse sales tax ordinances extremely disrupting to business and the public alike. Above alit Council should not overlook the fact that the proposed 2~ local sales tax will be paid, by the public; that it will immediately and materially increase the cost of living of every Roanoke Citizen and homeowner an estimated $25.00 per persont or $100,00 annually for a family of four, Residents of surrounding communities will be free of this tax, except to the limited extent they can be persuaded to buy in Roanoke, and pay this additional tax, In spite of conflicting reports, local sales taxes ~,ave reduced retail sales, lowered city revenue from license taxes, caused a decline in real estate values in commercial areas, cut employment and decreased payrolls, and accelerated a growth in suburban shopping centers outside the city limits, Me nrge yon gefltle~en to 'make haste slowlye and not sacrifice Roanoke's sound long-range progress in your search for additional needed revenue, Sincerely yours, S/ Edward Co Moomaw Edward C, Muumuu, Executive Vice President* Also speaking in opposition to the proposed sales tax were Mr. J. R. Arthur and Mr. John L, Thompson. Mr. Garland read the following prepared statement in opposition to the ~proposed sales tax: *lhat is being proposed here is a very serious matter and I want no mistake made as to ny position on the proposed sales tax and I have therefore prepared a statement to that effect, so that I will be in no way misconstrued as to how I stand in this most important matter. I must protest Jn the strongest terms possible the proposed 2~ sales tax which is now before Council; and X must issue a call to the people of Roanoke to Join nith ne in fighting the proposed tax--at this time. For Council to enact sack a tax, without positive assurances from Salem, Vlnton, and Roam*he County that they mill do likewise, would be to plunge n dagger into the buck of every busizessmsa In the City ar Roanoke amd. at the same timee to band n bouquet to every business in the county. It would be au unforgivable betrayal of the best interests of the City which we must not permit to happen. Furthermore, I object to the imposition of the tax at this time because it mould yield revenues fur beyond the iwmedizte needs of the City. The City Council should, at nil times, take only that om*sat from the citizens or Roanoke os is necessary for the careful and economical maintenance of the government the loss of Jobs and profits within the City of Roanoke. The belief that this statement is a fallacy; and I can prove it by the first five and,a half months of 1965~ they sold approximately 101,880 cartons in Roanoke County. Bear in mind that Roanoke City has · 2~ tax on each pock of cigarettes. Furthermore, this same cigarette wholesaler provided me with comparative sales figures several stores Just inside the City limits. Generally, the stores cigarettes os a draw. In the December - May period it sold 2,925 in April; and 20265 in May. Garland*s of Crandin Road sold 2,399 in March; 2.432 in April and 1,910 in May. Z* me, these figures are astonishing and cannot be lightly disregarded, (I will addition of several dollars on a lorge purchase will be sufficient do it to save 50t on a large grocery order, or $1.00 on a tire. or $4,00 on · TV set. The three other governments of,the Valley have already indicated 105 106 unit until the General Assembly changes this, ns ! b~lieve It will tithtn the year, Then, oil of the governments of the Volley test conuul~ together rot siw~ltnneons end lndeutlenl action. I nm not against the principle or the sales tax, In fact, I think It Is un excellent nnd equitable terms of taxation; nad, probably inevitable in the future. Bat, ~ repeat, Roanoke must not go it alone nude further, must notimpose this tax until it has no nltprnntive, ! think that ln.n ret years me till ~ftely have no alternative; baal by that time, the other Valley Governments thy be prepared to net with us. Unquestionably, me are now faced with a deficit and rising costs or government which till continue to plague us in the future; but, X believe, these needs cnn be met at present by a less drastic alternative than a general salestax. I believe we should raise the real estate levy by,St-- from,$3,4$ to $3,50, M~ should lmpose,a tax or $5t per $100,00 on advertising revenee. The netspapers, rndlo, and TV stations till, probably, contest thl~, but X urge Council to summon the courage to impose it and face the fight if It comes. ! cannot see hot so small n tax, which all.merchants not bear on their sales, couldbe possibly construed as a violation of the constitutional principle o( freedom of the press, Certainly, a tax of extortionate size on advertising revenue thich tumid threaten the very existence of the news'media would be illegal; but the tax which ! propose Is mild and far from proscriptive. Moreover, a tax on adver- tising revenue toeld exact money from national firms located, outside Roanoke and Virginia which gain considerable £1nancial benefit from sales in this area, In addition to this 5t increase in real estate taxation and the imposition of a tax au advertising; I propose a 1~ increase ia the utilities tax, Re can expect approximately $50.000 ~rom the added real estate tax; approximately $60.000 from the advertising tax; and approximately $125,000 from the added utilities tax. This would give us the revenue which te require t~ ease ns over the next year or so until our need is more acute and the other Valley governments are ready to proceed These additional taxes which I have proposed are modest and tax Mould bt'lng in an estlmated one and one-half to two million dollars annually. ,This is far beyond our needs and represents a demand which should be resisted by the people with all the per- The newspapers, radio, and TV stations have received much from the economy of Roanoke and I would urge them to take a reasonable atilt,de toward this proposed tax on th*iF advertising revenue. If truly they have the best Interests of Roanoke at heart they will ~ccept such taxation with goodwill realizing that i~ Is their fair contribution to the on-going*progress of currently need; and, in the absence of concerted action by ,abet Volley governments, it ail! be an economic disaster for the businessmen of Roanoke. This is an Issue of fundamental impor- tance and I call upon the citizens to protest violently this Signed: S~ Robert A. Garland Robert A. Garland, Councilman" Hr, St,lief read the following prepared statement supporting the proposed *City Council ~s conscious of the many reasons thy n local sales tax would not meet with enthusiastic approval among many Rhea you consider that the highways have done nothing more than to lengthen Rain Street, you can appreciate how sceptical Although our newspapers at first oppose~ u local sales tax, the~ now recognize it as desirable. 'City Cameo*il has now c~as'ldered the budget for 1965-66. ~o it wus felt that the Budget Commission had done the necessary pruuing. Indeed,. in case after cuseo increases were Justified by department bends,, and some of them mere added by us because we felt them to be in the best interest of our City. A general consideration or the City's fineuces shows that we have been able to up-grade our school systew but the other functions in our local government have had to stund still. The budget as nam proposed is said to be the very minimum to operute the government. However, we have crying capital improvement needs which must be met In order to tstand still', much less ago formard,t Mhat alternative do me have? Let us consider real estate taxes. In order to raise the necessary funds from this source. the real estate rate itself mould have to be raised to $5.45. Our propertyt as in all other cities, is omned by a compara- tive rem of our people. An increase in real estate taxes ls almays regressive and tends to speed up the removal of comoetcial and business firms to surrounding areas mhich enjoy lamer tax rates and further to discourage the creation of new real estate values mithln the City by nam construction. In preparing for the administration of the sales tax, it mill be necessary for the Commissioner of Revenuers office and other City offices concerned to aid our mercheuts and others mbo collect the tax by sbomlng them bom to fill in the forms, bom to apply the tax, and to explain any other feature of the ordinance itself that they do not understand. I do not predict that everyone will ever be enthusiastic about this tax, but with cooperation an. proper administration, it can help bring,this great City the finest days it has knomn." The matter having been discussed at length, and members of Council emphasizing that voting for preparation of a Sales Tax Ordinance doesnot necessaril mean they will vote for its adoption, Hr. Jones moved that the City Attorney be instructed to prepare a Sales Tax Ordinance. The motion was seconded by Br. Nheeler and adopted. Hr. Garland voting no. Hr. Jones then moved that his committee be continued to mark with the City Attorney in the preparation of the Ordinance. The motion was seconded by Br. Pollard and adopted, Mr. Garland voting no. ARMORIES: The committee appointed to tabulate bids received on an addition and alterations to the National Guard Armory submitted the following report: "May 5. 1965 To the City Council Roanoke. Virginia ~entlemen: Bids mere received and opened before City Council at las meeting un Bay 3, 1965, for the addition and alterations to the National Guard Armory. As can be seen from the tabulation, five bids were submitted. The low bid was submitted by ~atts and Breakell, Incorporated, at a sum of $69,700.00. Extra or less work than required by the Contract Documents shall be comp,ted at actual cost of labor and materials, plus 15~ to corer all overhead, profit and incidentals. The sum of $?0,00~.00 has been appropriated for the addition and alterations to the National Guard Armory; and the sum of $5.000.00 has been appropriated for the architect*s fee and miscellaneous items. 107 108 It is therefore recommended that the contract be awarded to Matts and Brenkell. Incorpornted for the addition and altera- tions to the National Gourd Armory in oocordnnce with the Contract Documents prepared by Mr. Jo Garry Cloy. Architect. Respectfully subuitted. COMMITTEE: $/ Clarence E. Pond Clarence R,. Pond, Chairman $/ Arthur Sf Owen~ Arthur 5. Omens S! D. B. Thomoson Rueford B. Thompson# In this connection, the City Manager presented n ~etter from Mr. J. Garry Clay. Architect. advising that he has been informed by the 1o~ bidder that certain items required by the state for approval of the proJect ,ill not effect frs contract price. Mtn Pond moved that CooncJl concur in the recommendation of the committee and offered the follomJng emergency Ordinance: (~16494) AN ORDINANCE awarding a contract for certain additions and alterations to the City's National Guard Armory on certain terms and conditions; rejecting certai~ other bids made therefor; and providing for an emergency. (For full text of Ordinance. see Ordinance Boor No. 20. page 233.) Mr. Pond moved the adopt]on of the Ordlnonceo The motion wa~ seconded by NFo Wheeler and adopted by the folloming vote: AYES: ~essrs. Garland. Jones. Pollard. Pond. Smaller. ~heeler and Mayor Dillard .................~ ....... ?. NAYS: None .................. POLICE DEPARTMENT: Council having unof[icially appointed a committee to study the advisability of authorizing an investigation of the Police Department. the committee submitted the following report: nJune 2Otb, 1965 TO: ROANOKE CITY COUNCIL Gentlemen: Your unofficial committee appointed to study and make recommend- ations as to the advisability of authorizing an investigation of . oar police department have studied the matter and recommend that the city attorney be requested to prepare a resolution asking the chief .of police to request the Icternational Association of Chiefs of Police, Washington, D. C., to make a preliminary investigation of our police department, which IOOF committee is informed will be made without expense to the city. t Mr, Pollard mored that Coaocll couoar lo the reoommemdatioo of the committee and that the matter be referred to the City Attorney for preparation of UM~IRISHED BUSIRESS: STATE SIGSNATS: Council at its last meeting having deferred action on recommendations of the City Homager with regard to the acquisition or property and construction easements needed in connection with the improvement of Virginia State Route 24 and having directed the City Manager to request the Virginia Departwent of aighmays to mahe a new survey sad appraisals of the properties on Elm Avenue, So E., from Fourth Street'through Seventh Street, and submit the results of same to Council for ltscoasideration, in view of the opposition of property owners in the 400 and 500 blocks of Elm Avenue, S. E.', to the amounts offered rot their homes, the matter was again before the body. The City Eanager explained that he held a meeting with representatives of the Virginia Deportment of Highways for the purpose of discussing the various offers and the system of appraising the parcels of land needed for the Route 24 project and that he has asked the highway officials to appear before Council to explain the method followed in appraising said land. Appearing were Hr. C.,F. £ellam, District Engineer, Mr. T. C. Eel*on, Assistant District Eight of May Eogimeer. and Hr. E. J. Angle.,Distrlct Eight of Way Appraiser. - Wt. Angle explained fa detail the method follo~ed In appraising the rarion parcels of land, pointing out that the property in the area is selling'for con- siderably less than its assessed value for taxation, that some of the property owners who bare sold their land have bought,homes in the same area at comparable prices, that the appraisals are governed by the market value of the land and that he does not see how a third appraisal could differ very much from the two appraisals already made since the appraiser would have to be'governed by the same data uvailabl, to the other'two appraisers; ioe. t the date of purchase, the purchase price, the assessed value and the market value,,that the Federal and State Governments will participate in the cost of the land up to the appraised value, but that the city would have to bear the entire cost of any amount above the appraised value. In this connection, a group of property owners In the 400 and 500 blocks of Elm Avenue, S. £., again appeared before Council in opposition to the amounts offered for their homes. The matter having been discussed at length, Er. St*liar explained to the property owners that all Council can do is offer its sympathy and voiced the opinion that the best thing for the property owners to do is,to let their property be comdemned fn the hope that the commissioners will award a higher amount than the offer made by the city. Mr. St*Ilar then offered the following emergency Ordinance authorizing and directing the acquisition of two certain properties and certain easements needed in connection with the improvement of Virginia State Route 24, as well as the residue of each of said properties for other public purposes: 110 (s16495) AN ORDINANCE authorizing and directing the acquisition of two (2) certain properties and certain easements la the City necessary for the inprorewent and construction of State Route ~o0 24, in the City, end authorizing the purchase of the residue of each said property for. other public purposes; authorizing the City Manager to make to the respective owners thereof offers for the City*s purchase of said properties; providing for the acquisition of those properties needed for State Route Ro, 24, or either of them, by condemnation, under certain clruwstances; and providing for un emergency. (For full text of Ordinance, see Ordinance Book No, 26, page 234.) Mr. Stoller moved the ad~ption of the Ordinance, The motion ~as seconded Mr. Garland and adopted by the following vote: AYES: Messrs, Garland, Jones,, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ........................7. NAVS: None ..................O, Mr. Stoller offered the following emergency Ordinance authorizing the acquisition of two temporary construction easements over certain parcels of land needed iR connection math the improvement of Virginia State Route 24: (m16496) AN ORDINANCE authorizing the acquisition of two (2) temporary construction easements aver certain parcels Of land, needed for the Cityts State Route NO. 24 ProJectt.upon certain terms a~d conditions; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 28, page.235.) 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, Pond, Stoller. ~heeler and Mayor Dillard ........................ NAYS: None .................. CONSIDERATION OF CLAIMS: NONE, INYRODDCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STATE HIGRRAYS: Ordinance No. 164g0,.granting the Virginia Department of Highways an option to remove certain materials from the Muse Spring property along Virginia Route 116 near the intersection of Bennlngton Street, S. Eo, in connection with the project for Route 581 between Williamson Road.and Elm Avenue, 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: (~16490) AN ORDINANCE granting to the Commonwealth of Virginia an option to remove certain sand, gravel or other select soil materials from certain City- owned property, upon certain terms and provisions. (For full text of Ordinance, see Ordinance Book No. 28, page 229°) Mr. 5toller moved the adoption of the Ordinance. The motion ~as seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stoller, Nheeler and Mayor Dillard ..................... 7, NAYS: None ................. O. ' AIRPORT: Ordinance No. 16491, outhorizing the execution o! a lense agreement mlth the United States of America. 'Federal A¥iatlon Agency, for rental of Room Ho. 109 in Building NOg I at Roanoke Municipal (Mo*drum) Airport 'on · month to month term, commencing ns of June 1, 1965, having previously been before Council for' its first reading, rekd and laid OVert mas again before the body, Mr. St*lief offering the following for its second reading and final adoption: (z16491) AN ORDIRARGE authorizing the Cltyto lease to the United States of America, for its Federal Aviation Agency, of Room NOg 109 in the Clt~es Airport Building No. I on a month to month term, commencing as of June l, 1V65. upon certain terms end conditions. (For full text Of Ordinance, see Ordinance Rook No. 20', page Hr. St*lief moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the foil.ming vote: Mayor Dillard ........................... NAYS: None ................... Plan~ing Director, he presented same; uhereupon, Mr. St*lief offered the following Mayor Dillard ........................ 7. NAYS: None ................. ~0. (;16498) A R/SOLUTION relating to the acquisition of additional lan~ for (For full text of Resolutioo, see Resolution Book No° 28, page 237.) Mayor Dillard ....................... NAYS: None ............... O. 111 112 the FAA Radio Range at Andrems Road und Hlneteeuth Street Extension, H. designated as Official Tax Ho. 2340103, into the public parks system of the City of Roanoke. be presented sane; mhereupon. Hr, Stoller moved that the folloming Ordinance be placed upon its first reading: (s16499) AN ORDINANCE incorporating a certain ?,83 acre tract of land. formerly a radio range site, Into the City's system of public parks, WHEREAS° the City bus recently acquired from the United States Government its former ?,83 acre radio range site, located Jn the City ut AndremsRosd and 19th Street, Ho W,, a condition of its acquisition requiring that the City ho~d, operate and maintain said property for public parr and recreational purposes. THEREFORE, BE IT ORDAINED by the Council for the City of Roanoke that that certain 7.63 acre tract of land recently acquired by the City of Roanoke from the United States of Aoerica°s General Services Administration, by deed dated May 28, 1965, and now of record, located at Andrews Rood and 19th Street, N. M.. be. and said land is hereby incorporated into the City*a Public Park System, to be hereafter held, developed, Operated and maintained by the City for public park and recreational purposes and uses, under the administrative control of the City Manager and the Cityts Department of Parks and Recreation. The motion mas seconded by Mr. Pond and adopted by the follomlng rote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: None ..................O, Mr. Stoller then moved that the City Attorney be directed to prepare the proper measure naming the park the John F. Kennedy Park. The motion was seconded by Mr. Pond and unanimously adopted. SEWERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure authorizing the construction Of a public sanitary sewer main to serve certain properties on Cove Road, Andrews Road and Florida Avenuet N. W., be presented same; whereupon, Hro Stoller offered the following emergency Ordinance: (#16500) AN ORDXNANEE authorizing the construction of a public sanitary sewer main to serve certain properties located between Andrews Road and Florida Avenue, H, W,, upon Certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 2380) Mr. Stoller moved the adoption of the Ordinance. The motion mas seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Nheeler and Mayor Dillard .........................?. NAYS: None ................. CITY GOVERNMENT: Council having directed the City Attorney to prepare the proper measure inviting the Mayor of NonJu, Korea, to make an official visit to the City of Roanoke, he presented same; whereupon, Mr. Stoller offered the following Resolution: (s16501) A RESOLUTION relating tO the City*s Sister-City, MooJo, [urea. (For full text of Resolution. see Resolution Rook No. 28. page 2300) My. Stoller moved the adoption of the Res,Iisi,n. The motion Mos seconded by MFo Pollard and adopted by the foil,ming vote: AYES: Messrs. Garland. Jones. Pollard. Pond. Stall.r. Mheeler and Mayor Dillard ...................... -7. NAYS: None ............... O. AIRPORT: Council hav~ng directed the City Attorney ~o prepare the proper measures providing for certain chooges in Projects 14, IS and 16 at Roanoke Municlpa (Wu.drum) Airport, he presented sane; whereupon, Mr. Pollard offered the foil.ming Resolution relating to an amendment to the Grant Agreement for Project 14: (~16502) A RESOLUTION requesting the United States of America, Federal Aviation Agency, to, amend th~ Grant Agreement between the City and Federal Aviation Agency for Project No. 9-44-012-6414, in certain particulars, heretofore authorized to be entered into by Resolution No. 15878 of the City Counc il. (For full text of Resolution, see Resolution Book ~o. 29, page 2~9o) Mr. Pollard moved the adoption of the Resolution. Yhe motion was seconded by Mr. Pond and adopted by the foil.sing vote: AYES: Messrs. Garland, Jones, Pollard, Fond, Stall.r, ~heeler and Mayor DillardT .....T ........................ 7* · NAYS: None .................. Oo Mr. Wheeler offered the following Resolution relating to a Change Order for Project 14: (~16503) A RESOLUTION requesting the Federal Aviation Agency to approve and aathorize proposed Change Order No. 20 under Airport Project ~o. 9-44-012-6414. providing for certain necessary airport improvements appurtenant ~o said Project. (For full text of Resolution, see Resolution Book No. 28, page 240.) Mr. Wheeler moved the adoption of the Resolution. The ~otion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Pond, Stall.r. Wheeler and Mayor Dillard .......................... 7. NAYS: None .................0. Mr. Stoller offered the following Rqsolatfon relating to a new Project Applicatlonfor Project 15: (~16504) A RESOLUTION authorizing and dlrectiu~ the ~lty Manager to submit to the Federal Aviation Agency a new Project Application for Federal Aid for development of the Roanoke Municipal Airport; and ,amending Resolution No. 158~?, relating to certain other requests for Federal Aid in the premises. (For full text of Resolution, see Res.lotion Book No. 29o page 241.) R~. St,oiler moved the adoption of the Resolution. The motion mas seconded by Mr. Garland and adopted by the following vote: 113 , AYES:, Me sara, Garland, Jones, Pollard, Pond, St*lief, Mheeler and Mayor Dillcrd .........................?. · NAYS: ,None ................ O. Mr. Jones offered the following Resolution relating to a new. request for Federal Aid for Project 16: (~16Sos) A RESOLUTION authorizing and directing the City Manager to submit to the Federal Aviation Agency a new request for Federal Aid for development of the Roanoke Municipal Airport, as proposed Airport Project No, 16; and amending Resolution No. 16240, heretofore adopted January 25, 1965, relating to certain proposed improvements and expansion of said Airport. (For full text of Resolution. see Resolution Hook No. 28. page 242.) *Mr. Jones moved the adoption of the Resolution. The motion mas seconded by Mr. St*liar and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*liar, ~heeler and Mayor Dillard .......................... 7. NAYS: None ..................O. HOTIONS AND MISCELLANEOUS BUSINESS: SCHOOLS: Mr. Roy C. Herr,ak*hi appeared before Council and presented the foil*win9 communication, requesting that the City of Roanoke convey to Virginia Polytechnic Institute the remaining tract of city-owned land, consisting of approximately 17 acres, located ou the ~outh tide of Colonial Avenue, S. Ro. adjacent to the Roanoke Technical Institute, for future expansion Of RoT.l.: 'June 11, 1965 Mr. Arthur S. Owens, City Manager City of Roanoke Municipal Building Roanoke, Virginia Dear Mr. Owens: In 1959 Roanoke City Council conveyed to Virginia Polytechnic Institute 16.23 acres of land for the site of Roanoke Technical Institute. The buildings erected on this site by VPI, completed in 1961. were designed to serve a maximum enrollment of approxi- mately 375 students. The first students were enrolled in the fall of 1961, and it has been Virginia TechOs good fortune to experience excellent cooperation and assistance from the Roanoke City Counail in developing Roanoke Technical Institute into an institution of great value to education and industry in the Roanoke community. It is our plan to continue the development of RTl ia future years to provide Roanoke with even better and expanded educational and industrial opportunities. Roan*he Technical Institute, which graduates its third group of students this month, anticipates an enrollment in the fall of 1965 or more than 600 full-time students. In the rah of 1967, two years hence, it is anticipated that the enrollment will exceed 650 full-time students. This rate of growth has exceeded our expectations and immediate steps must be taken to provide facilities both for the overflow of students expected this fall as well as the addition of facilities for future needs. In order to meet these needs, we are reqnesting Roanoke City Council to COnvey to Virginia Polytechnic Institute the remaining tract of land owned by the city, consisting of approximately 17 acres, located on the south side of Colonial Avenue adjacent to the present None*k, Technical Institute, If the city makes this additional tract of land available, it is our plan to adapt the two buildings now on the property to provide temporary clamor*uss and offices to take care of the overflow enrollment this fall. This nddltlonal~land mill nits make it possible to nnlarge the Roanoke Technical Institute CaBpas by erecting hddlticnnl bhlldings for rnture g~oeth. Vi~giniu * Polytechnic Institute Is requestieg the 1966 session of the General Assembl~ to appro~rintb muds for the erection'or nn additional building at RTl, estimated to cost $$10.000, to provide additiosnl clussrooes, offices amd ~ library. It Is expected that this feclllW mill be completed ready for ese during the 1966o67 schbol ~esr. The obmpletlon'o! this additional building mill enable ns to offer ns ueimterrnpted opportunity rot students in the Roanoke area to attehd an institutiop offeripg the first two years of college mark nnd tea ~enra of collegiate education in engineering technology and the applied sciences. Me hope the Roanoke City Couocfl will glre Immediate acd favorable consideration to this request so hs to make' it possible for Roanoke Technical Institute to continue to provide the educational services needed in the aoanohe Math kind regards, I am Sincerely, S/ T. Marshall flahn, Jr. T. Marshall Hahn. Jr. President" Mr, Mheeler moved that the City Attorney be directed ko prepare the proper measure indicating the mlllingness or the Clay of Roanoke to convey the tract of land to Virginia Polytechnic Institute for future expansion of Roanoke Technical Instltute~ The motion was seconded by Mr. Stoller and'unanimously adopted, Mr. ~heeler al~o moved that a committee he appointed to determine the location of the tract of land proposed to he con~e~ed to Virginia Polytechnic Institute.' The motion was seconded by Mr, Stoller and unanimously ado~ted. Mayor Dillard appointed Messrs. James £. Jones, Chairman. Clarence E. Pond and Murray A. Stoller as members of the committee. Mr, Stoller then moved that the matter be referred to the City Planning Commission for study, report and recommendation to Council. The motto~ was seconded by Mr. Pollard and unanimously adopted. TAXES: Mr. Garland having read a prepared statement earlier during the meeting opposing a proposed local sales tax and voicing the opinion that additional terence could be derived from the levying of a license tax of 55 cents per $100 on the advertisin~ revenue of nem~papers,'Fadio and television stations, he moved that the City Attorney be'directed to prepare the proper measure imposing such a tax on the gross receipts of advertising by radio, television and newspaper, Members of Council pointing out that Mr. Garland bad placed the matter on the agenda in the for~ of obtaining a ruling from the City Attorney, the motion failed rot lack of a second. Mr, Garland then moved that the question of imposing a license tax of 55 cents per $100 on advertising ravenna of newspapers, radio and television stations be referred to the'City Attorney for a ruling. The motion mas seconded by Mr. Mheeler and adopted, Mr. Stoller voting no. 115 :].16 LEGISLATIOS-CITY CHARTER: The City Clerk ~eported that Messrs, Thomas D, hotherfoord, Floyd #, Hrllit B, Grlrrith Dodson, Jr** Richard H, Hahn, Sum Lubsonf Harry W, Whiteside, Jr,, and Holman Mlllls, Jr,, hare qualified us members of the 1965 Charter Study' Commission. On motion or mr, Stoller, seconded by We, ~heeler and unanimously adopted, the report mas tiled, SCHOOLS: The City Clerk reported that Hfs, Wary M. Williams has qualified as a member of the Roanoke GAry School'Hoard to fill the unexpired term of Dr. L. £, Paxton, resigned, ending June 30, 1966, and that He, Roy L. Webber and Mr, Samuel P, mcneil hare qualified as members o! the Roanoke City School Hoard for terms of three years each beginning July 1, 1965, On motion of We. Stoller, seconded by Mr, Wheeler and unanimously adopted, the report was filed. At this.point, on motion of Mr. Stoller, seconded by Mr. Wheeler and unanimously adopted,*Council recessed until 8 p.m. At 6 p,m,, Council recouvened, DUDGET: Council having held a number of budget study sessions in connection with the proposed 1965-66 budget, the matter was again before the body. In this connection, Council having adopted Resolution No. 16135, appointing a committee composed Of Mayor Benton O. Dillard. Chairman, Mr. Murray A. Stoller and Mr. Vincent S. ~heeler, pursuant to the provisions of Section 9(d) of the Pay Plan, to review the performance and salary of Council appointees, the committee submitted the following report: "June 26th, 1965 TO: ROANOKE CITY COUNCIL Gentlemen: Your committee appointed by resolution of council to study and recommend adjustments Jn the salaries of unclass- ified officials and employees have met and recommend that no increase or adjustment of the salaries of the unclassified personal for the present with the exception of the Director of Labraries which council has unofficially agreed to increase his salary from $9,?60.00 to ~9,360o00 effective July 1, 1965. We realize that most, if eot all, employees should be given consideration for an increase in salaries~ but council has authorized a classification study by an independent agency of all salaries of city employees and this report should be in the hands of council within ~e next four months and your committee is of the opinion that it would be unwise to attempt to adjust the salaries of our unclassified personal befo~ the classification report is made available to council. Sincerely, S/ Vincent S. Wheeler S/ Murray A. Stoller S/ Benton O. ~lllard, Chairman Committee* Hr. Sloiler moved that Codicil concur lo the recommendations of the committee. The motion mas seconded by Mr. Ii'meier and nnnnlwously adopted. Mr. Sloller then offered the following emergency Ordioooce making appropriations from the General Fond of the City of Roanoke for ~he fiscal year beginning July l, 19650 and ending Jnne 30,.1966: (z]6506) AH ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning July l, 1~65, and ending June 30, 1966; nod declaring, the existence of,an emergency. (For foil text of Ordinance, see Ordinance Ouch No. 28, page 243.) NFo Stoller anted the adoption of the Ordinanceo The motion was seconded by Rrm Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoiler, Wheeler and Mayor Dillard ................................ T, NAYS: None ........................ O. Mr. Stoller offered the following emergency Ordinance making appropriation from the Water General Fnnd and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning July 1, 1965, and ending June 30, 1966: (=1650T) AN ORDINANCE making appropriations from the Water General Fund and the mater Replacement Reserve Fund for the City of Roanoke for the fiscal year.beginning July 1, 1965. and ending June 30. 1966; and declaring the existence vf an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 261.) Mr. 5toller moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Pond, Stoller, Wheeler and Mayor Dillard ................................ NAYS: None ........................O. Mr. Stoller then offered the following emergency Ordinance making appropriations from the Sewage Treatmm£ General Fund and the Sewage Yreatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning July 1, 1965, and ending June 30, 1966: (~16508) AN ORDINANCE making appropriations from the Sewage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning July 1, 1965, and ending June 30, 1966; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 28. page 263.) Mr. Stoller moved the adoption of the Ordinance. The motion was second- ed by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ............................... ?, NAYS: None ..................... O, 1:17 118 Rlth further reference tn the adoptJom of the 1965-6b budget, Mr, Stoller-voiced the opinion Shot the doe dote on reol estcte tax psyments.shoold be consistent with the fiscal year and moved tint Shaman*er be referred.to the City Auditor for study, report and recommendotion to Council. The motion was seconded by Mr. Rheeler and unonimously adopted., AIRPORTz Council having referred · recommendotian of the Airport ,Committee that four,hangars be constructed at Roanoke Municipal (Roodrom) Airport to · committee composed of Manors, Robert A. Garland, Chairman, Clarence £, Pond and Vincent $. Mbeeler for study of the method of financing the construction of the hangars and the rote-structure for the rental of same. Mr. Rheeler pointed out that funds for the construction of the hangars have not been included lo the.1965- 65 budget and moved that the City,Manager be directed to ascertain what kind of an agreement can be worked out with corporations and individuals desiring to rent the hangars for the construction of same, The motion was seconded by Mr, 5toiler and unanimously adopted. COUNCIL: It was brought to the attention of Council that its next regular meeting falls on July 5. 1965, a legal holiday under the provisions of the City Code. Mr. Stoller moved that Council hold its next regular meeting at July 6, 19650 The motion was seconded by Mr, Garland and unanimously adopted. On motion of Mr. Pollard, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: COUNCIL. REGULAR MEETING, Tuesdnl, July 60 1965, The Council of the City of Roanoke met in regular meeting in the Council Chamber lo the Nunfclpol Building, TueadnF, July 6, 1965, at 7:30 p,m,, mitb Mayor Dillard presiding, PRESENT: Councilmen Robert A. Garland, Jaees E, Jones, Rep R, Pollard, Sro. Clarence D, Pond, Murray A, Stoller, Vincent S. bheeler and Mayor Denton O. Dillard ................................. ABSENT: None ................. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. James N. [lncunon, City Attorney. and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by Hr. Prince E, Thornton, Administrative Assistant, Appalachian Power Company, MINUTES: Copies of the minutes of the regular meeting held on Monday, June 14, 1965, and the special meeting held on Wednesday. June 16. 1965, having been furnished each member of Council, on motion of Mr. Stellar, seconded by Mr. Jones and unanimously adopted, the reading thereof mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC IC~TVERS: H~ALTH DEPART~NT: Council haying previously set a public hearing for 7:30 pom** Tuesday, July 6, 1965, on a proposed new Housing and Ilygiene Ordinance. No one appearing in connection with the proposed Ordinance. and the City Manager advising that the Commissioner Of Health is unable to he present for u discussion of said Ordinance due to illness. Mr, Pollard moved that the public hearing be continued until 2 p.m,, July 12, 196~. The motion mas seconded by Mr. Fond and unanimously adopted. STR'EETS AND A'LLEYS: Council having previously set a public hearing for 7:30 p.mo, Tuesday, July 6, 1965. on the application of Johnson-Carper Furniture Company, Incorporated, to vacate, discontinue and close a portion Of Mississippi Avenue, N. E., from the Norfolk and Western Railway Company right of way in an easterly direction for a distance of 156 feet. more or less, 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: The Honorable Denton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The City Planning Commission considered this request during its regular meeting of May 19. 1~65. The attorney for the petitioners informed the Commission that his company mas planning to extend 119 ,120 Its parking facilities ua land along the railroad tracks. The area mou~d be fenced in nad would extend across the subject ~ortlon ~f Mississippi Avenue. After due consideration of the proposal, the planning Commission concluded that the closing of this portiom of Mississippi Avenue mould permit the consolidation of land required for the expansion of an existing industry and would not result in undue hardship to nearby residents0 nor be detrlmeetnl to the value of their pr6~e~ty. 'It wa~ also'determl&ed that the major highway plan does not call for the use of Mississippi Avenue as part of the highway system. The Plan~lng Commissiont'therefor~o recommends to City Council that the above described portion of MissiSsippi Avenue be vacated, discontinued'and olosed~ provided the City'cnn retain the necessary easements for public utilities. Very truly yours. $/ Rerner K. Sensbach Renry R. 8oynton Chairman" A report of viewers, advising that they have viewed ~he street and the neighboring property and are unanimously of the ~plnion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing the'above'portion df Mississippi Avenue. was also before Council. Mr. John ~. Balker. Jr., Attorney, ~epresenting Johnson-Carper Furniture Company, Incorporated, appeared before Council in support of the request of his client. No one appearing in opposition to the proposed street closing, Mr. St,Ilex moved tbot Council concur in the reconnendotion of the City Planning Commission a~d that the following Ordinance be placed upon its flrs~ reading; (~16509) A~ ORDINANCK permanently vacating, discontinuing and closing a portion of Mississippi Avenue, N. E., beginning at a point where said Mississippi Avenue dead ends at the Ruff,Ih and Restern Railway Company right of way and proceeding in an easterly direction, a t'otal distance of 156,65 feet. WHEREAS, Johnson-Carper FurnitUre Company, Incorporated, has heretofore filed its petition before the Council of the City of Roanoke, Virginia, in accord- ance with law, requesting the Council to permanently vacate, discontinue and close a portion of the above-described street for a distance of' 156.65 feet, the' [i~ing of which petition due notice was given to the publl~ as required by law; and' · HEBEA$. in accordance with the prayers of said petition, viewers w~re appointed by the Council' on the 3rd da~ of May. 1965, to view the property and to report in writing whether in their opinion any inconvenience would result f~om permanently vacating, discontinuing and closing said portion of said street; and NHERZAS, tt appears f~om the written report of the viewers flle~ with the City Clerk that ho inconvenience would result to any individual or to the public from permanently vacating, discontinuing a~d closin~ said portion of said street; and WHEREAS, Council at its meeting on May 3, 1965, referred the petition to the City Planning Commission, which Commission in its report before Council on May 20, 19650 recommended that the request to close 156.65 feet of Mississippi Avenue as hereinafter described be granted; and WHEREAS, n public hearing was held on the qaesklon before th? Council nt its meeting on the 6th day of July, 1965, nt ?~30 p.w** otter due and ~lwely notice thereof published In The Roanoke World-News, at which hearing all pert!es in interns nad citizens were cfforded an oppovtnnity to be heard on the qaestioa~ end MHHR£AS, from ali of the foregoing, the Council considers that no incon- venience will result to any individual or to the public fvow permanently vacating, discontinuing and closing a portion of #~ssissippi Avenue, as recommended by the Planning Coumisslon, and that accordingly said street should be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a portion of Mississippi Avenue, Ho £** beginning where Mississippi Avenue dead ends at the Norfolk and Western Railway Company right of Way and proceeding in an easter] direction to a point where the easterly line of Lot 23, Oueensburg Heights, inter- sects the southerly side of Missl~sippi Avenue and where the easterly line of Lot 18, Queensburg Heights, intersects the northerly side of Mississippi Avenue, being a,distance of 156 feet, more or less, he, and it,hereby is, permanently vacated, discontinued and closed and ~hat 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, the City of Roanoke reserving unto itself, however. ~ perpetual easement for sewer lines, drains, water lines and Other public utilities which may now be located in and over the aforesaid street. BE IT FURTHER OR~AINED that the City Engineer be, and he hereby is, directed to mark mperwanently vacated* on the portion of Mississippi Avenue above described on all maps and plats on file in his office on which the said street is shown, referring to the book and page of ~rdinances an~ Resolutions of the Council of the City of Roanoke wherein this Ordinance shall be sprqad. DE XT 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 the said street, as provided by law, and that if so requested by any party in lnterestt he may record the same in the deed hook 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 wa~ seconded by Mr. ~heeler and adopted by the,following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ........................7~ ,~ NAYS: None ................. O. STATE fllGHMAYS: Council having concurred in a report of the City Manager in connection with the request of a group of city and county residents that a portion of Virginia Route 116, especially Mount Pleasant Boulevard, 5, E,. be improved, advising that he cannot recommend any improvements to Virginia Route 116 1~22 at this time, a group of residents of the area again appeared before the body, with Mr. Prince E. Thornton acting'as spokesman6 Mr. Thornton contended that the Improvement of Mount Pleasant Houlevord is the responsibility of the city and should be'done now instead of under the Major Arterial Highway Plan mhich calls for the construction of a four-lone hlghmay between 1975 end 19HO~ After a discussion of the matter, Mr. Pollard mowed that the question of improving Mount Pleasant Boulevard be referred to the City Planning Commission for stody, report and recommendation to Council. The motion nas senonded by Mr. Pond and unanimously adopted. PETITIONS AND COMMUNICATIONS: , SYREEYS AND ALLEYS:~ A petition signed by three citizens, requesting that an alley running parallel to Yellow Mountain Road, S. E., between Springvale 5tree* and Bear Street, be opened and repaired, was before Council.. On motion of Mr. #heeler, seconded by Mr. Jones and unanimously adopted, the request was referred to the City Manager for study, report and recommendation to Council. SPECIAL I~MITS-STREETSA~D ALLEYS: A communication from Mr. Carroll D. Rea, Attorney. representing the Tlmes-Morld Corporation, requesting permission to construct and maintain a building across the alley between Campbell Avenue and Salem Avenue, S. M.. extending from Second Street to Third Street, as a part of the buildings owned by tke Times-World Corporation on its lands abutting on both sides of said alley, was before Council, After a discussion of the matter, Council stipulating that the alley should be adequately lighted, and Mr. Rea, who was present at the meeting, assuring the body that it will be, Hr. Mbeeler moved that Council concur in the request of the Times-World Corporation and that the following Ordinance be placed upon its first reading: (u16510) AN ORDINANCE approving the construction and maintenance by Times-World Corporation of an additional building over and across the alley which lies between Campbell Avenue and Salem Avenue, S. M., Roanoke, Virginia, and extends from Second Street to Third Street, S. M.; and authorizing the Building Commissioner to issue a building permit for the same. MHEREAS, the Council of the City of Roanoke did by Resolution No. 8529 on July 1, 1946, authorize Times-World Corporation to erect, construct and maintain a building over and,across a,portioo of the,alley which lies between Campbell Avenue and Salem Avenue, S. W., Roanoke, Virginia, and extends from Second Street to Third 5tree*, S. W.; which building was subsequently constructed and has since been maintained over said alley; and RREREAS. Times-World Corporation has now requested that it be permitted to construct*and maintain an additional building over and across said alley in accord- ance math plans which it has filed math the City Clerh; and :1.23 #NEkEA5, it nppesrs to Council that aa public Inconvenience mill result from the grunting of said reqoeste TNEg£FOR£, RR I! OROAINRO by the Council of the City of Noenoke that Times-World Corporation bee and it is herebye autborlzede pursuant to the provisions of and subject to the limitations contained lo Section 15,1 - 376 of the Code of Vlvglnieof 1950, as awendedo to construct and maintain an additional building over and across the alley which lies between Campbell Avenue and Salem Avenue, 5, Roanoke, Virginia, and extends from Second Street to Third Street, S. Mo. as u part of the buildings owned by Times-World Corporation on its lands abutting on both sides of said alley, and the Citl Ruilding Commissioner is authorized to grant o permit for the construction of the same. subject to the following conditions, to-wit: That the additional boJlding, to be erected, constracted and maintained over end across said allele shall abut on the western face of the present building which crosses said alley approximately fifty feet west of Second Street, S, M** and shall extend approximately sixty-five feet, westerly to the western line of the Tlmes-~orld Corpora- tion property, 2o That the additional building shall be constructed in accordance with plans on file with the City Clerk, and to be approved by the City Building Commissioner. 3. That no part of the additional building shall be less than sixteen feet above the present surface of the said alley used for vehicular traffic, 4. That the Times-Horld Corporation, by acting hereunder. agrees to indemnify and save harmless the City of Roanoke from all claims for damages to persons or property by reason of the ereotlon,.constrnction and maintenance of the additional building over and across said alley. BE IT FURTHER ORDAINED that the City Building Commissioner shall make reference to this Ordinance on the building permit issued to Tines-World Corporation for the construction of said building, The motion was seconded by Br. Pollard and adopted by the following vote: Malor Dillard ......................... ?. NAYS: ~one .................O. ZONING: A communication from Rr. Claude D, Carter, Attornel, representing Nra Howard E, Sigmon, requesting that property located on Sweetbrier Avenue and Rollowell Avenue. S. H., between Strother Road and Buckner Street, described as Lots 1, 2, 3, 23, 24 and ~5, Block 8, Corbieshaw Nap, Official Tax Nos. 1651001, 165100~, 1651003, 1651014, 1651015 and 1~51016, be rezoned from General Residence District to Special Residence District, was before Council. On motion of Hr, Stellar, secooded bI Rt, Pond and unanimously adoptedt the mendatlon to Council. ELECTIONS: Council having referred to the Roanoke City Electoral Board Roanoke that twenty-three of the voting precincts of the City of Roanoke be renamed and suggested names for the voting precincts for better identification and ease in locating same. the following communication from the Electoral Board was before the body: 124 "Joan ~0, 1965 Honorable Boyor Benton O, Dillard nnd Members of Bosnoke City Council Municipal Building Roanoke, Virginia Geatlemen: Referring to %ou~ communication o! June 3rd regarding the naming of certain precincts, ~ A~ a recent meeting Of the Roanoke City Rlectornl Board this matter mas thoroughly discussed, While the Hoard mould have no objections to this chungee me feel it mould not materially help the sltnhtion, #e have realized for some time that nny nnme or number designating precincts is confusing to certain people ns they simply forget from one election to nnotber, A change of this type would caase considerable work an~ expense In the Registrnr's office ns more than 26e000 Addressogrnph plates and registration cards woul~ have to be changed, The Reglstrorts office at the present time Is in the process of making changes In their records pertaining to the elimination of race classification, Th~refgre, It would be almost impossible to make these.changes that ore proposed during the current year. The Hourdo therefore, recommends against the proposal, Vours very trolye S! To Howard Hayer q T. Howard Boyer, Chairman' Mr. Garland moved that Council co'cur in the recommendation of the Klector~ Board that no change be made in the n~mes of the voting precincts at this time. The ·otion was seconded by Mr. Pollard and adopled.,Mayor Dillard voting nc. SCHOOLS: Council having authorized and directed the conveyance of a 35- acre tract of land on the west side of Colonial Avenue. $. W., to the Rector and Visitors of the University of Virginia for use of the Roanoke Center of the University, a communication from Rt. #eldon Cooper, Secretary of the Hoard of Visitors, transmitting a Resolution of the B~ard of Visitors, extending the deep appreciation of the Universit~ to the member~ of Council, representing the people of Roanoke, for the gift of land which now opens the way for the Roanoke Center of the University of Virginia to fulfill its established educational mission for the ' Roanoke areal'was befor~ Council. Mr. Pollard moved that the communication and ResolutiOn be re~eived and filed. The motion'was seconded by Mr. Garland and unanimously adop~ed. AUDITS-CLERK OF COURTS: A communication from Mr. J. Gordon B~nnett~ Auditor of Public Accounts for the Commonwealth of Yirgini~, transmitting n ~eport on an audit of the accounts and records of Mr~ Walker R. Carter, Jr., Clerk of the Hns~ings Court, Court of Law and ~hancery and CirCuit Court of the City of Rganoke, the calendar year 1964~ with the assistance of the office of the cat! Auditor, adrising that the examination disclosed full accounting had been made for all funds of record coming into the custody of the Clerk of Courts during ~he year, was before Council. Mr. Pollard moved that the communication nad report be received and filed The motion mos seconded by Mr. St*liar end unoniwously adopted. REPORTS OF OFFIC£RS~ HUDG£T-STR££TS AND ALLEYS, Council ut its meeting on Mnrch 22, 1965, having awarded u contract to Adams Construction Company for pn~iug of streets at various locutions in the city In the total amuun~ of $1470000 for which funds were lnnlnded in the 1965 budget, the Cily Manager submitted a written report, advising that $113,520.53 of the worh was completed by the end or June 30. 1965, and that It will be necessary to appropriate 'the balance of $33,4?9.47, plus*the 10~ of the couple*ed portion of the contract in the amount of $11,352.05 being withheld, a total of $44,831.52, to the 1965-66 budget. Hr. Stnller moved that Conncil concur in the recommendation of the City Manager and offered the foil*ming emergency Ordinance transferring $44,831.52 from Section #i66, 'Con~ngencles,' to Maintenance of Bulldlng and Property under Section n82, "Street Repair,m of the 1965-66 budget. (~16511) AH ORDINANCE to amend and reordain Section ~82, 'Street Repair,R and Section ~166, 'Contingencies,' of the 1965-66 Appropriation Ordinance, a~d providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28. page 265,) Mr. Stoller moved the adoption of the Ordinance. Yhe motJou was seconded by Mr. Mb,cleF and adopted by the following vote: Mayor Dillard ......................... NAYS: None ..................O. BUDGET-PAY PLAN: The City Manager submitted the folluwin9 report, recom- mending that he be authorized to fill certain vacancies in variuus municipal departments since they are of an emergency nature: *Roanoke. Virginia July 6, 1965 To the City Council Roanoke, Virginia Gentlemen; The following persons are needed for the efficient operation of the City Government. Zhere are no neu positions.' Engineering - 2 Chainmen, Group 17 Fire Department - 1 Fireman Sanitation - 5 Disposal Laborers, Croup 10, Step 1 Welfare Department - City Home - Practical Nurse, Group lg Juvenile Home - Clerk-Typist, Group 14 Health Department - I Sauitarian~ Group 11, Step 2 Hespectfu~ly submitted~ City Ranager' ~126 Mr, 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 proper meusureo The motion mss seconded by Mr, Follard and unanimously adopted, APPOINVREHTS-PLANNIHG: The City Ranager submitted a mritten report, recommending that Mr, Dexter Norris Smith he appointed us Planning Director of the City of Roanoke effective August 1, 1965, MFo St.o. ller moved that Cou.ncil concur in the recommendation ut the City Manager and that the matter he referred to the City Attorney for preparation of the proper measure, The motion mas seconded by Mr, Pond and unanimously adopted, STREET LIGHTS-STATE HIGHNAYS: The City Manager'submitted the following report with regard to recommendations of the Appalachian Power Company for street lighting facilities on Elm Avenue and Virginia Route 24 from Jefferson Street to Seventh Street, S, Eo: 'Roanoke, Virginia July 6, 1965 TO the City Council Roanoke, Virginia Gentlemen: I am in receipt of the following letter from the Assistant Division Ranager of the Appalachian Power Company, Mr, John Vaughan, with reference to new street lights around the Community Hospital and on Route 24 and necessary construction costs: *Jane 23, 1965 Mr. Arthur 5, Omens ' City Manager City ef Roanoke Roanoke, Virginia Dear Mr. Owens: Enclosed with this letter are two copies of a layout showing our recommendations for street lighting facilities on Elm Avenue and State Route 24 from Jefferson Street to Seventh Street, S. £. The plan for improving the lighting ties in with the relocation of Elm Avenue and the improve- ments On Route 24. 'For discussion purposes, this layout has been divided into three areas to be handled as described below: Area I - Elm Avenue in Front Of Communit~ Hospital It is proposed to install 17 - 21,000 lumen Mercury Vapor street lights mounted on steel poles, Because of the proximity to the downtown underground electric distribution system, the electric service for these lights would be installed by Appalachian and would be in underground conduits. It is further proposed that Section I of the street lighting agreement between the City and Appnlachian be amended to extend the underground street lighting prices in the agreement to this area. Under this arrangement, the cost per light would be $6,25 per month, Area 2 - State Route 24 - Bridges over N~W Railway and Interstate Route 581 It is proposed that 22 standards and 24 luminatres be installed on these bridges. Under the provisions of the street lighting agreement between the City end Appalachian, the City would have installed, or pay to Appalachian the cost for installing, standards and luminaires for this bridge lighting. The estimated cost to the City for this portion of the system mould be approximately $15t000. In addition, the City should make arrangements to have installed the caudal*si as noted on the layout. This mould normally be a part or the bridge coastrcction contract. The cost per light in thin section would be $4.50 per Area 3 - Roadway from End of Brldqe to Seventh Street. S. There are tm, suggestions for handling the installation in this area. (1) To continue the same general appearance. 21.000 lumen Mercury Vapor luminaires mounted On ri*eel poles supplied by an overhead service could be used. Nine- teen standards and twenty-one lumlnaires would be · needed. The present street lighting agreement does not provide a price for such-an installation. It would. vide for this new price which would he $6.00 per light (2) The twenty-gun luminaJres could be mounted on wood poles and billed as provided in the contract et $4.50 per light per month. Area I - 17 - 21.000 lumen units O $6.25/mo. = $106.25 Area 2 - 24 - 21,ooo lumen units O $4, SO/mo, - 108.00 Area 3 - 21 - 21.000 lumen units ~ $6.00/no. = 126.00 (Steel Poles) Total $340.25/mo. Should there be any questions concerning this proposal or additional lnfornatlon is needed, please let me know. Very truly yours. S/ John W. Vaughan John M. Vaaghan Asst, Division Managers In conformity with our contract, the lighting Installations arc the responsibility of the City and the services would be paid under our existing contract. It is obvious that lighting costs would be approximately $4100 additional per year and it should be provided for in the latter part of the 1965-55 budget if and when the con- Respectfully submitted, S/ Arthur S. Owens City Ranager" In a discussion of the matter, the City Manager verbally reported that he ~as conferred with representatives Of the Virginia Department of Highways as to the ~osslbillty of including the cost of the lighting installations in the project for ~oute 24, eeh to hove the cost o£ the lighting Installations Included In the project for Route 24. The motion was seconded by Mr. Mheeler and unanimously adopted. STATE HIGHWAYS: The City Manager submitted a written report, recommending seats needed in connection mith the improvement of Virginia State Route 24. as well es tm, residue parcels of land needed for other public purposes. Mr. St,Ilar moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: :!.27 :128 (w16512) AN ORDINANCE authorizing the acquisition, of four (4) parcels of laud and certain construction easements needed for the ¢ityts State Route No, 24 ProJect, and the a~qulsitiou of two (2) residue parcels of laud. needed for other public purposes, upon certain terms and conditions; and providing for an emergency, (For full tent oK Ordinance, see Ordinance Cook No, 28, page 266,) Mr, Stoller moved the adoption of the Ordinance. The motion was seconded by Mr, Pollard u~d u~opted by the following vote: AYES: Messrs, Garland, Jones, Pollard, Pond, Statler, Wheeler and Mayor Oillard~ ........................7. NAYS: None ................. O, STATE HXGHMAYS: The City Manager submitted a written report, advising that be has been unable to obtain signed options for two parcels of land and a temporary construction easement needed in connection with the improvement of Virginia State Route 24t or the residue of one of said parcels of land for other public ~urposes. and recommended that he be authorized to mahe a formal offer for same with a view of instituting condemnation proceedings for the two parcels of land and temporary construction easement needed in connection with the improvement of Virgioi~ State Route 24 if the offer is not accepted, Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~16~13) AN ORDINANCE authorizing and directing the acquisition of two (2) certain properties and a temporary construction easement necessary for the improvement and construction of State Route No. 24, in the City; authorizing the purchase of the residue of one of said.properties for other public purposes; authorizing the City Manager to make to the respectiv~ owners thereof offers for the Cityts purchase of said properties; providing for the acquisition of those properties needed for State Route No. 24, or either of them by condemnation, under certain circumstances, and for a right of entry thereon; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 267.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote~ AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: None ..................O, PARES AND plAyGRouNDS: Yhe City Manager submitted the following report with reference to making application for open space funds for the purchase of land needed for the extension Of Malay Drive from Was.aa Park to the west corporate limits: #Roanohe, Virginia July 6, 1965 To the City Council Roanoke, Virginia Gentlemen: On Thursduy, Jane 24, I met with officials of the Dousing and Dome Fincnce Agency, Special ProJects Division, in Phllu- delphiu, uitk reference to extending Wiley Drive from the western part of Dasena Park to the City Limits of ioanoke, und I would like to recommend the roll0uing:' 1. That you adopt u resolution directing the City ~iauoger to make appropriate application for open ipoce rands for abe purchase of land needed tar the extension of Wiley Drive from luseua Park on the west to the City Limits or Roanoke, nad That there be included in the application u request for funds to aid in the purchase Of the Trompeter property in the amount of ST.O00, to the north and Respectfully submitted. S/ Arthur So Omens In this connection. Ir, S, Albert Trompeter appeared before Council and munlcation from ir, Wiley N, Jackson° transmitting a check for $2,O00, of which ~ltSO0 is to be used for the beautification of Wiley Drive and the balance of $500 '129 130 POLICE DEPARTMENT-FIRE DEPARTMENT: The City Ranager submitted the following report on changes in the personnel of the Police Department and the Fire Department for the mouth of June,~1965: "Roanoke, Virginia July 6, 1965 To the City Council Roanoke, Virginia Gentlemen: I am presenting below the personnel changes in the police and fire departments for the month of June: *Fire Department eDuring the month of June, 1965, the following personnel change occurred in the Fire Department. Resignation - Firemen Joseph Samuel Deal, Jr. *On this date there is one vacancy in this department** *Police Department *Mr.,Cordell Lee Allmond was sworn in as a police officer June 1, 1965. 'Officer Fred O. Yarns resigned June 15, 1965. *Officer Jesse Meck Mash retired effective June 30. 1965.t Respectfully submitted, $/ Arthur $. Owens City Manager* On motion of Mr. st.lief, seconded by Mr. Pollard and unanimously adopted, the report was filed. SALE DF PROPERZ¥: Council having received a counteroffer of Messrs. Joseph R. Milan, Jr** and Ellis D. Milan to purchase property located on the north side of Salem Avenue. $o Eo, between Jefferson Street ned First Street. designated as Lots 24 and 25, Roanoke Land and Improvement Company, Official Tax No. 4010114, for the sum of $12,250. conditioned upon the removal of a 13-foot setback line, and haviug advised the prospective purchasers that the ctt~ is willing to sell the property for $15.250. but will not remove the setback line, the City Ranager submit- ted a written report, advising that the Milan brothers are milling to pay $~5,250 for the property, conditioned upon the removal of the setback line, bat that he feels the setback line should be retained. Mr. Jones moved that Council concur in the recommendation of the City Manager. ~he motion was seconded by Rr, Wheeler and unanimously adopted. POLICE DEPARTMENT: Council having requested the City Manager to keep the police lockup as clean as possible and to submit a cost estimate on improvements recommended by the Department Of Welfare and Institutions, he submitted the following report: *Roanoke, Virginia July 6, 1965 To the City Council Roanoke, Virginia Gentlemen: At our meeting of Monday, June 28, you referred to me a report from the Department of Welfare and Institutions, with reference to the police lockup in the city of Roanoke. This is n recurring criticism and I om inclined to believe somewhat either unJuut or misunderstood. The Jail lockup is cleaned every day and washed damn once n meek. which is mall above the average institutional care. It Is painted every tun or three years when needed. The plumbing Is of an antique variety aid much of the plumbing Is embedded in thc concrete floors mud have been there for fifty years. In order to replace these fixtures would cost approxi- mately $16.000. Recurring painting without sandblasting the iron bars is merely thickening the paint, which could be chipped off .with ones fingernails, or possibly the tip of a ShOe. The cost of sandblasting would be $3t000. We will continue our cleaning prOOesses d~lly nnd weekly. Respectfully submitted. S/ ArthUr S. Owens City Manager* Mr. Stoller poi~ted out that Council plans to request the International Association of Chiefs of Police to make an Investigation and survey of the Police Department and moved that Council receive the report of the City Manager. defer action on improvements to the police lockup until' the International Association of Chiefs of Police has made its investigation and survey and direct the City Manager to keep the police lookup as clean as possible un, er present conditions. The motion was seconded by Mr. Pollard and unanimously adopted. SEWERS AND STORM DRAINS: Council having previously accepted the counter- offer of Mr, L. K. Bullock in the amount of $36T.77 for easements needed in the Wright Road - Robyn Road maser project, instead of $220,45 previously offered and having appropriated the difference of $147.32, the City Manager verbally reported that the ctty entered condemnation proceedings for the easements and paid the $220.45 into court, that, subsequently, the cburt refunded to ~he city ~he $220.45 which sas paid into the City Treasury on January 2, 1955, therefore, it will be necessary to appropriate this amount to the lq65-66 budget. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance transferrin9 $220.45 from Section ~166, *Contingencies." to Robyn Road - Creston Sewer under Section #170. "Capital," of the 1965-66 budget: (=16514) AN ORDINANCE to amend and reordaiu Section =166, *Contingencies0' and Section $170, *Capital** nf the 1965-65 Appropriation Ordinance, and providing (For foil text of Ordinance, see Ordinance Boor No. 28. page Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: Mayor Dillard .......................... ~AYS: ~one ................. O. 13i 132 STATE HIGRRAYS: The City Attorney submitted the followia~ report requesting authority to move for · right of entry on properties needed in connection with the improvement of Vlrginia State Route 24 where it becomes necessary to acquire ·aid properties by condemnation proceeding·: 'July 1. 1965 ffouorable Mayor and the Rembers of the City Council Roanoke, Virginia Gentlemen: · As you know, some eighty-odd properties are needed to be acquired for construction of the Cltyts Route No. 24 Project, the contract for which we understand is proposed to be let sometlme in September, 1965, A number of the properties will doubtless be acquired by purchase agreements negotiated with the respective owner·; bomever, it will doubtless become necessary to acquire other of the properties by condemnation proceedings brought against the owners. In this connection. City Council has already provided by ordinance for the condemnation of some oY sold properties Jn the event the City Homager is unable to reach agreement with said owner· for purchase of their properties for the prices provided by ordinance, ~hlle Ordinance Nos. 16472 and 16495 sade provisions for the institution of condemnation proceedings In the event that acquisition by purchase cannot be effected, the ordinances did not specifically direct the City Attorney, in bringing necessary condeunation proceedings, to move the court for the entry of an order granting the City a right of entry on the properties to be condemned, prior to a determination of the amount of Just compensation for the properties being condemned. Accordingly, and in order to assured that no delay be involved in the planned award of a construction contract for the Route No. 24 Project and of the commencement of work under it, I have prepared and transmit herewith for the Council'· con- sideration and adoption an ordinance which would direct that in all condemnation proceedings necessarily brought to acquire properties for the Route No..24ProJect, the City Attorney move for a right of entry on the properties and that the sums author- ized by ordinance to be paid for the purchase of said properties be, instead, paid into court. Respectfully, S/ J, N. Kincanon James N. Kincanon City Attorney" After a discussion of the matter, Council emphasizin9 that the city should not enter upon the properties unless and until absolutely necessary and'that extreme tact and diplomacy Should be exercised by the city in such cases, Mr. Nheeler effete( the following emergency Ordinance: (~16515) AN ORDINANCE relating to the City'· condemnation of lands and easements necessary for the improvements to State Route 24 in the City; and providln~ for an emergency, (For full text of Ordinance, see Ordinance Book No, 28, page 270°) Mr, ~heeler moved the adoption of the Ordinance. The motion was secsnded by Mr. Pollard and adopted by ~the following vote: AYES: Messrs. Oarland, Jones, Pollard, Pond, Stellar, Wheeler and Mayor Dillard .......................... 7. NAYS: None ................. O. ~LANNIRG: The Roanoke ¥~lley Regional Planning Commission submitted its annual report for the period, from July It 19640 through June 30, I965., Mr. Stoller moved that the report be received and filed. The motion was seconded by Mr. Pond and unanimously adopted. REPORTS OF COMMITTEES: SALE OF PROPERTY: A committee composed of b ssrs. Arthur S. Owens, Chairmen, James N. Rin~anon, J. Robert Thomas and Roy R. Pollard, St** submitted a written report, transmitting nn offer of Mr. Fred P. Bulling*on, Real Estate Agent, on behalf of a client, to purchase pro~erty located on the north side of Salem Avenue, S. M** east of the Boulevard, described as Lot 23, Block 43, West End and River View, Official Tax No. 1311216, for the sum of $1,900, mhlch includes his commission of $145. and recommended that the lot be sold for the sum of $1,900 Mr. Stoller moved that Council concur in the recommendation of the committee and that Mr. Bulllngton be so notified. The motion was seconded by Mr. Wheeler and unanimously adopted. SALE OF PROPERTY-WATER DEPARTMENT: Council having referred to a committee unanimously adopted, SALE OF PROPERTY: Councll having referred to a committee composed of 134 East Side Lind Compnny, Official Tnx Nos, 4110801. 4110802 nad 41~0803, for the sam of $1,O00,'the committee submitted a written report, ret*sm*riding that the three lots be sold to the Safety Motor Transit Compnny for the sum or $1,ooo NET, Mr, Pollnrd moved that Council concur In the recommendation'of the committee and that the matter he referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr, St*liar and unsnimously adopted, PURCHASE OF PROPERTY-HOUSING-SLUM CLEARANCE-SCHOOLS: Council having referred to n committee composed'of Messrso Arthur So Owens, Chnirman~ James N, Elncanon, Jo Robert Thomas and Roy R, Pollard, Sr., for study,'report and recom- mendation, a communication'from the Roanoke City School Board, advising that it has no need for property adjacent to the Gilmer Elementary School offered by the City of Roan*he Redevelopment and Housing Authority, but that Council might wish to consider purchase of the land, the committee submitted a written report, recomme~din that the City Manager be directed to have a modern appraisal made of the property and if the appraisal is reasonable that the land be purchased at the closing of the Commonwealth Redevelopment Project which should be completed during the calendar year of 1965, Mr, St*liar moved that Council concur in the recommendation of the committ and that the City Manager be directed to have a modern appraisal made of the property~ The motion mas seconded by Mr. ~heeler and unanimously adopted, UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PARKS AND pLAyGROUNDS=SCHOOLS: Ordinance No, 16499, incorporating the ?.63-acre tract of land surrounding the F,A.A. Radio Range at Andrews Road and Nineteenth Street Extension, N, #,, designated as Official Tax No. 2340103, into the public parks system of the City of Roanoke, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. St*lief offering the following for its second reading and final adoption: (~16499) AN ORDINANCE incorporating a certain 7.83 acre tract of land, formerly a radio range site, into'the City*s system of public parks, (For full text of Ordinance, see Ordinance Book No. 28, page 264,) Mr. St*liar moved the adoption of the Ordinance, The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*Ilar, Wheeler' and MayorDillard ...... ~ .................. 7. NAYS: None ................. O. In thin connection, the City Attorney having been directed to prepare the proper measure naming the new park the John F. Kennedy Park, be presented same; whereupon, Mr. St*liar moved that the following Ordinance be ~laced upon' its ~lrst reading: (x16516) AN ORDINANCE providing the name for the Cltyos nam ?,83-ncr* park nt Andrems Road end 19th Street Extension, N. M. RREREAS, the City recently acquired from The United States of America a Certain T.83-acre tract of land located in the City mt Andrews Road and 19th Street Extension. N, M** which said land, by ordinance of the City Council, is being incorporated into tbe. City Public Park System; and RDEREAS, this Council deems it proper and fitting, in assigning a name to said new park. to do honor to *be memory of one of this Countryts great and esteemed Presidents, the late John Fitzgerald Eennedyo -. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City*s newly established ?oO3-acre public park, located in the City at Andrews Road and lgth Street Extension, N. M., be designated, named and known as 'John Fo Kennedy Park** The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Carland, Jones, Pollard. Pond, Stall,r, Wheeler and M~yor Dillard .......................... 7. NAYS: None ..................O. BUDGET-PAY PLAN: Council having directed the,City Attorney to prepare the proper measure authorizing the City Manager to fill certnin vacancies in various municipal departments since they are of an emergency natnre, he presented same; wherenpon, Mr. 5toiler offered the following Resolntlon: (=I651T) A RESOLUTION authorizing the City Manager to employ certain personnel. (For fall text of Resolution, see Resolution Book No. 26, page 271.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: MeSSFS. Garland. Jones, ~ollard. Pond Stall,r. Mheeler and Mayor Oillard ..... ~ .................... 7, NAYS: None ..................O, MAYER DEPARTMENT: Conncil having directed the City Attorney to prepare the proper measure authorizing and directing the City Manager to enter into a contract with Alvord, Rnrdick and RaMada, Engineers, for the,preparation of plans and specifications in connection Math proposed improvements to the Fallin9 Creek Treat- ment Plant at a cost not to exceed $6,000, he presented same; whereupon, Mr. Stoller offered the following emergency Ordinance: (~16518) AN ORDINANCE relating to certain proposed Improvements Of the City*s Failing Creek Treatment Plant; and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 29, page 272.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYF~: Messrs. Garland, Jones, Pollard, Pond, Stall*r, Nheeler and Mayor Dillard ......................... -7, NAYS: None ................ O. '135 136 I~.LICE DEPARTI~NT: Council having directed the City Attorney to prepare the proper uensure authorizing ~sd. dl~ecting the Superintendent of Police to requesl the lnternatlonnl Association of Chiefs of Police to muhe an inves.tlgutiou and survey o! the Police Department, he presented same, After ~ discussion or the matter, Counci~ being of'the opinion that the Investigation and survey should also include the police locRupt Mr, St*lief offered the following Resolution.: (s16519) A RESOLUTION relating to un investigation and survey of the Police Departs,at und police lookup. (For full text of Resolution, see Resolution Boob No, 20, page 272.) Mr, St*lief moved the adoption of the Resolution. The motion was seconded by Mr, Pollard mud adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*liar, Wheeler and Ra~or Dillard .......................... 7. NAYS: None ..................O. MOTIONS AND MISCELLANEOUS BUSINESS: ARMORIES: Mr. Stoller stated that it was his impression Couflcil approved the fee of Mr. J. Garry Clay, Architect for an addition and alterations to the National 6uard Armory, in the standard amount of 6~ of the cost of the project, but it seems that the agreement with the Architect includes an additional ~500. The City Manager explained that the additional $500 corers extra,work in checMing the air conditioning and duct system, checking the boiler heatlog capacity and exploring the electrical circuits and terminal boxes for the additional load. Mr. 5toiler moved that Mr. Clay be ~otified that Council expects to pay him 6~ of the cost of the project for his services and no more which services shall be interpreted as those outlined in the standard agreement of architects. . . The motion (ailed for lack of a second. Mr. Jones then moved that the question of the architectts fee be leferred to a committee composed of Messrs. Clarence E. Pond, Chairman, Arthur.S. Owens and Bueford B. Thompson for study, report and recommendation ~o Council. The motion was seconded by Mr, Stoller and nnanimously adopted, Oa motion of Mr, Jones, seconded by Mr, Po~la~d and u.nantmoasl~ adopted, the meeting was adjourned, APPROVED, ! City Clerk Mayor CODNCILe REGULAR MEETING, Honduy, July 12, 1965, The Council or the City of Roanoke set in regular meeting in the Civil Defense Room in the #uniclpal Building, Monday, July 12, 19§St it 2 p.me, the regular meeting hour, with Mayor Dillard presiding, PRESENT: Councilmen Robert A. ~Gurlnnd, ~umes E, Jones, Roy B. Pollard, Sro, Clarence E. Pond, Hurray A. Stoller, Vincent S. Uheeler end Mayor HenLan O. Dillard ........... ~ ..................... ABSENT: Noae-~ ...............O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Eincsnon, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting wes opened with a prayer by the, Reverend R. Hammer. Pas*ore Grandam Court Baptist Church. MINUTES: Copy of the minutes Of the regular meeting held on Honday, June 2It 1q65. having been furnished each member of Council, on motion of Mr..Pond, seconded by Hr. Garland and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS.AND ALLEYS: Council having continued until 2 p.m., July 12, 1965, a public bearing on the application of Roanoke Hospital Association to vacate discontinue and close certain portions of Belleview Avenue, Lake Street and .Hamilton Terrace. S. E., adjacent to and/or in front of Roanoke Memorial Hospital, the matter was again before the bodyo In this ~onnectton. the following communication from the City Planning Commission. recommending that those poFtions of Lake Street and Hellevlew Avenue be closed, was before Council: ~May 6, 1965 The Honorable Benton O. Dillard, Mayor . and Members of City Council Roanoke, Virginia · Gentlemen: During the regular meeting o~ Bay 5, 1965,the City Planning Com- mission considered the request by. Roanoke Memorial Hospital for the closing of certain portions of Belleview Avenue and Lake Streets So Bo, which had been referred to this body by City Council. It mas learned that the proposed addition to the hos- pital will necessitate the closing of these sections of two public streets and the relocation of Helleview Avenue. After hearing evidence presented by representatives of the hospital, their engineers and architects, and the city engineering department, the Planning Commission concluded that the proposed development and relocation scheme as shown on a map No. 6507, prepared by Embank ~ Caldwell and Associates onder date of May 1q65, is feasible and could be accomplished without undue hardship to the general public. This development scheme appears practical, provided that Helleview Avenue can be relocated and Hamilton Terrace will be afforded access to Belleview Avenue designed on the basis of adequate engineering standards. The City Planning Commission, therefore, recommends to City Council that those port,ions Of Lake Street and flelleviem Avenue, So E., be 137 138 closed ~hlch ·re show· o· · map prepared by EBb·nh ~ Celdmell, · ·der date of Ray 1965, COMB, No, 650T/A, which Is Bede part or this recoamendatlon, It is f·rther recommended that Roanoke 'Remortal'Hospital make every effort to provide additional oft- street parking facilities ·t · ratio of one parking space for every additional hospital bede It Is f·rther recommended that the Improvements on Hamilton Terrace be designed In s·ch · way so as to permit the possibility of fat·re connections with the .extension Of Riley Drive when it is accomplished, Information received in connection with the development proposals for Remorlal Hospital, iscl·dl·g signet·res of residents opposing the cloiing of Hamilton ,Terrace, is incl·ded with this communi- cation, S/ RerneF R. Sensbach Henry B, Boynton Council having appointed viewers to study, the Bat.tar, the viewers a written report, advising that they have viewed the portions of Helleview Avert·e, Lake Street and Hamilton Terrace, S. H., requested to be closed, end. are unaoimousl of th~ opinion that no inconvenience would resultt either to any individ·al or to the p~blic, from vacating, d~scontiouing and closing the portions of the three . streets as req·ested, provided that. Belleview Aven·e in the affected.area be relocated in a northerly direction to provide access from Hellevlew Avenue to and from Jefferson Street and that a service Fond be located to provide access from Jefferson Street to the remaining ··closed portion of Lake Street. Council having referred the question of relocating the portions of the three streets and conveying certain city-owned land to the Roanoke Hospital Association, in connection with the proposed expansion of Roanoke Memorial Hospital to the City Manager for study and report, he submitted the following report: July 12. 1965 To the City Council Roanoke, Virginia On Monday. March Ht 1965, you referred to me the question of relocating portions of Selleview Avenue. Lahe Street and Hamilton Terrace, S. E., and conveying certain city-owned land to the Roanoke Hospital Association, in connection with the proposed expansion of Roanoke Memorial Hospital, and I was directed to make a study and report to Council. There have been Several meetings in an attempt to reconcile the changing of streets and other related materials that would provide expansion of the hospital. Rithout doubt, and certainly Bet the responsibility of this office, I am of the opinion we are trying to accomplish too much in too small a space and at the best this is not a complete satisfactory solution to the problem. The firm of Hubank, Caldwell and Associates, through the able assistance of Mr. Stuart Franklin, has worked with our staff in an attempt to resolve the relocation of the streets and the attached map mith some slight variances is approved by my office. It provides for the following: 1. Proper space for the continuation of #iley Drive east and west along the southern banks of Roanoke River. 2, The status quo of Riley Drive and Jefferson Street for 3, , The closing of n portion of Lake Street, which should not be accomplished until the road to the south is completed from Jefferson Street to Lake Street. 4, ~The relocation of Belleview Terrace, 5, AdJu~tBents 1~ grading of Hnnllton Terrace, 6. Th~'Mnn~ger o! tie Mater Department, Mr. J. A, Brogan, believes.the City should be paid for this land and the City Manager concurs in this suggestion. Respectfully subwitted, $! Arthur S, Owens City Manageru Council having referred the question of possible damages to the Crystal Spriug water supply as a result of the proposed addition to Roaanhe Memorial Hospital to a committee for study, report nad recommendation, the committee submitte~ the fallowing report: WRoanoke, Virginia June 14, 1965 To the City Council Roanoke. Virginia Gentlemen: You referred to the below committee, in your file n46BB-1540 the question of possible damages to the Crystal Spring Mater Supply as a result of the proposed addition to the Roanoke Memorial Hospital, The committee has met and discussed the possibilities very carefully; we have the Virginia State Department of Healthts report, received a letter from Dr. Byron Cooper, Geologist from Virginia Polytechnic Institute in Blacksburg, and discussed the question of blasting with Hr. C. A. Ourress, an expert in. explosives, We are attaching a copy of the letter and report from the State Department of Health and we call special attention to the last sentence in the third paragraph of the report which is as follows: *We would consider such action mandatory for the protection Of the people of Roanoke City consuming the water** The report points Out that there are certain hazards to drinking water and the reservoir should be covered. The con- struction of the hospital merely accelerates the time. I am attaching a copy of Dr. William H. Keeler*s letter of June 9, 1965. endorsing the State Department of Health*s report in the belief that the reservoir should be covered, Item 8 of Dr. Compares report of June 4, 19~5, is as follows and I quote: *The projected construction of the new building and driveway will not affect the flow or quality of water of Crystal Spring** After studying his report and appreciating his expert knowledge, we would have to concur in his statement, We did check with'Mr. Burress as to blasting and he suggested that we be assured the hospital will include in their specifications if a need to blast Occur that seismograph equipment for measuring the earth vibrations be included. We are also attaching a letter from Dr, Byron Cooper advising in his opinion that no irreparable damage would be done to the Spring by blasting for the construction of the hospital. The Committee recommends that the covering of the Crystal Spring Reservoir be aCCelerated Just as soon as possible and prior to the addition to the hospltalt and, secondly, that equipment for seismo- graph recording be incorporated in the specifications when bids are invited for construction, 139 140 The conwlttee then submitted the To the City Council Roanoke, Virginia Gentlemen: Respectfully sabmitted, B/,Roy R, Pollard, St, Roy R, Pollard, Sr** Chairman S/~Clarence E, Pond Cluraoce E, Pond S/ Vincent S, Rbeeler Vincent S, Wheeler S/ Arthur S, Owens Arthur S, Qwens S/ Joseph A. Brogan Joseph A. Brogan' folleuing supplemental report: #Roanoke, Virginia July 12, 1965 You appointed a committee to make a study of the possible dosages to the Crystal Spria9 Mater Supply, as a result of the proposed addition to the Roanoke Memorial Hospital. On June 14, 1965, the committee node a report, copy of which is attached hereto, for your perusal. The proposals as outlined on that date are again concurred in by the committee, with the following 1. A COpy of a.letter dated June 14 from Dr. Byron Cooper assures the City t~at there will be no physical damage to the water supply caused by blasting which was of some concern to the committee. 2. The recommendation in the last paragraph concerning the covering of the Crystal Spring Reservoir should be modified to have this accomplished just as soon as possible. 3. Our committee believes that we should seek the assis- tance of the firm of Al~ord, Burdick and nausea for their guidance iff the type of cover that should be placed over the Reservoir. ?be committee is happy that we of the Hospital. can concur in the fine work Respectfully submitted. S/ Roy R. Pollard, Sr. Roy R. Pollard, Srj. Chairmau S/'Clarence E. Pond Clarence E. Pond S/ Vincent S. ~heeler Vincent S. #heeler S/ Arthur S. Owens · Arthur S. Omens S. Joseph A. Brogan Joseph A, Brogan* Mr. W. A. Dickinson. Attorney. appeared before Council in support of the request of his client, Mr. Dickinson explaining that the residents of Hamilton ,! Terrace have mithdraun their objection since the final pleas provide for the acre of city-owned land is involved in the proposal and that his client does not feel it should be required to pay rot this land because in its opinion the proposed improvements mill offset the,value thereof. Also appearing in support of the application of the Roanoke Hospital Association mere Messrs. Robert M. Cutshall, Arthur Taubmano flenjaeia F. Parrott, Paul S. Stoa.slier and Edmund To Gooduin. members of the Roard of Trustees; Drs. Harry R. Yak.a, Jr**.Eharlea D. Smith. James C. Gale, Relier S. Johnson, John A. Martin, R. Earle Glendy and Henry Lee, members of the Hedical Staff; and Messrs. William H. Flannagan, E. L. Derring, Jack H. Richardson and MFS. Doris T. Carper, members of the Administrative Staff. Mr. J. Stuart Franklin, Jr** representing the firm of Euhank, Coldwell an Associates. Architects and Engineers, explained the plans for the proposed addition to the Roanoke Memorial Hospital and the relocation of the above streets in connection theremith. Mr. Stoller then read the follomin9 statement: "STATEMENT ON REQUEST OF ROANOKE MEMORIAL HOSPITALS FOR ADDITIONAL LAND FOR ITS EXPANSION, JULY 12, 1965 Councilman Murray A. Stoller A tremendous resource of Roanoke is its gromJng status as medical center. We should encourage the expansion of Roanoke Memorial Hospitals because these medical facilities are needed not only for our region but for our immediate vicinity. As a trustee for tea years of the Hospitals. the uore-than-lOO%- occupancy became familiar. The need and merit of the construc- tion are not questioned. As trustees of the City's property, me must balance these needs and merits with our duties. We have since September 1962 made three very generous conveyances of land. The first was the Community Hospitnl-Elmmood Park exchange. We should remember substantially equal. Therefore me received a consideration for that land. besides the benefits to the core of our City. The next tmo conveyances were educational donations. The Roanoke Center of the University of Virginia and the expansion of Roanoke Technical Institute will do much to make of Roanoke an educational center, besides providing the nucleus of a four-year- degree=granting college. The benefits there mere indirect, but I submit that there is a distinction betmeen public college facilities and private hospitals. The covering of the Crystal Spring reservoir is not caused by the expansion being considered today. It Is actually caused by the urbanization of the entire area and growing standards Of public health, In summary, the hospital expansion can be helped by this Council by the street closings and changes. The hospital should bear these costs as well as the value of the Cityts land involved." It being pointed out that the Roanoke Hospital Association will bear the expense of improving the three streets and the relocation of sewer and water mains, and Council being Of the opinion that in vies of this fact the city should donate the land as requested. Mr. Garland moved that the follomin9 Ordinance providing for the closing of portions Of Belleviem Avenue, Lake Street and Hamilton Terrace. S. be placed upon its first reading: 141 142 (~16520) AN ORDINANCE rocotl·g, discootlnkl·g 'sad closing the portions of Bellevieu Aveoseo S. E., Lake Street. S. Eo, and Hsmllto· Terrocee S. R., Ronnohe Virginia, ns ·re no·tsined in the follonJng described boundary, to wit: BEGINNING at the,southeast corner of Lake Street. S. R,. nnd Bellerien Avenue. S. E.; thence with the present easterly side of Late Street. S, E,. S..6o 46* #. !15.34 feet to nn nngle point In Lake Street. S. E.; thence continuing uith the present easterly side of Lake Street, S. E., S. lO 2T' E. S2,0 feet to o point; thence mith o ·em line crossing Lshe Street, St E.. S. 85° 33' W. 50.0 feet to n point on the westerly side of lake Street; thence nith three new lines through the property of the City of Ran·ohm, H, 50° 00' ~, 94,0 feet to n point; thence N. 17° 00' E. 9S.O feet to n point; thence H. 7° 00' passing the southerly side.of Bellevlem Avenue, S. E.,.nt about . 30 rent, in all 68.23 feet to n point in Bellevlem Avenue, S. £.; thence mJtb · nan line Jn the same nod Hamilton Terrace, S. N. SI° 00' E. 86.71 feet to · point In Hamilton Terrace. S. thence ui~h · nan line ~. 09° 00' E. passing the southeasterly . side of Hamilton Terrace, S. E., st about 23 feet, in nil 6S.0 feet to · point of curve; thence mith,n neu line, · curved line to the right abase radius is Oi.2S feet and abase chord is S. 60° S9* 30" E. 81.27 feet passing the northnesterly side of . Bellevien Avenue, S. E.. at about 24 feet, In all the arc length of 85.11 feet to · point on the present southeasterly side of Helleview Avenue, S. E.; thence mith the sane with n curved line to the right mbose radius is 344.6 feet and whose chord is S. 77° S2' 56" H. 126.29 feet. the arc length of 127.0 feet to the place of BEGIHNI~G, containing 0.67 acre. more or less, of nhich 0.47 acre, more or less, is a portion of the streets and avenues pro- posed to be vacated, discontinued and abandoned, and being more particularly shana On a plat drama from existing records made for Roanoke Hospital Association by C. H. Malcolm & Son, State Certified Engineers, doted February 24. 1965. WHEREAS, Roanoke Hospital Association, after first having posted notice its intended application as provided by lan. heretofore made application to the City of Roanoke. Virginia. that the portions of the streets and avenues hereinafter described be permanently vacated, discontinued and closed; and HHEREAS, the Council of the City of Hoan'oke, Virginia. on the 0th day of March, 196S, adopted Resolution NO. 16312 appointing Messrs. William M. Harris, Robert K. Rector, James L. Trinkle, Harold W. Harris, Jr.. and L. S. Waldrop as View to view the aforesaid streets and avenues and report in writing, pursuant to the provisions of Sect'ion 15.1-364 of the Code of Virginia of lgSO. ·s amended, whether in their opinion 'any and. if any. ,hat 'inconvenience mould result from discontinuing the same; and WHEREAS. the said Vie,ers did visit and ~ie, the aforesaid streets and avenues and the adjacent neighborhoods and did report in writJn9 that in their opinion no inconvenience would result either to any individual or the public from vacating, discontinuing and closing the described portions of the said streets and avenues, provided that Belleview Avenue in the affected area be relocated in · northerly direction to provide ~ccess from Belleviem Avenue to and from Jefferson Street and that n service road or street be located to provide access fro= Jefferson Street to the remaining unclosed portion Of Lake Street; and WHEREAS, this matter has been referred to the Planning Commission of the City of Roanoke. Virginia. which said Commission has approved the permanent vacntin discontinuing and closing of said portions of the streets and avenues herein affect it Is recommended that Helleview Avenue be relocated and that Hamilton Terrace be afforded access to Ballerina Avenue on the basis of adequate engineering standards and thal the applicant make every effort to provide additional off-street parking facilities; and MHRREASo a public bearing aa the IforesoJd application to perlaneotly vacate, discontinue and close portions of sold streets and aveaueo Mas held after a notice thereof was duly advertised is The Roanohe WorldoNewo OR Hey 28° 1965, advising the public or the said public hearing before this Council os June 14, 1965, at 2 p.m. on said day, which public hearing was° by Council aa June 14, 1965, properly, legally and publicly continued to June 21. 1965. et 2 p.m. on sold day, and again by Council properly, legally and publicly continued on Jane 21° 1965o to July 12, 1965, at 2 p.a. on said day, at'which meeting on July 12. 1965o there was expressed no objection or opposition to vacating, discontinuing and closing the described portions or sold streets and avenues, provided that Hamilton Terrace will be afforded access to Hellevieu Avenue. all opposition from residents in that area being directed only st any attempt to relocate Relleview Avenue so that Hamilton Terrace would not be afforded access thereto at its southerly terminus; and RHEREAS, in the opinion of this Council. it will be beneficial and to the best interests of the public that the portions of said streets and avenues 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 Roanote that, effective upon the relocation of eellevlew Avenue to connect its unclosed portion adjacent to Roanoke Hospital Association to Jefferson Street and the location of service road or street connecting the unclosed portion of Late Street uith Jeffersot Street at the cost and expense of Roanoke Hospital Association, and the acceptance thereof by the Council. the portions of Bellevien Avenue. S. E.. Lake Street. S. E.. and Hamilton Terrace, S. E., in Roanoke. Virginia. as are contained in the following described boundary, to wit: BEGINNING at the southeast corner of Lake Street. S, and Bellevieu Avenue, S. E.; thencewith the present easterly side of Lake Street, S. E., S. 6° 40* W. 115.34 feet to on angle point in Late Street. S. E.; thence continuing with the present easterly side of Lake Street, S. E., S. 1° 27* E. 52.0 feet to a point; thence uith a nam line crossing Lake Street, S. E., S. 86° 33' W. 50.0 feet to a point on the masterly side of Lake Street; thence with three new lines through the property of the City Of Roanoke, N. 50° 00' Mo 94°0 feet to a point; thence N. 17° 00' E. 95.0 feet to a point; thence N. 7° 00' E. passing the southerly side of Belleview Avenue, S. E.. at about 30 feet, in all 68.23 feet to a point in Believieu Avenue, S. R.: thence with a nan line in the same and Hamilton Terrace, S. E., N. 61o O0° E. 86.71 feet to a point in Hamilton Terrace S. E.; thence with a neu line N. 69° 00' E. passing the southeasterly side of Hamilton Terrace, S. E., at about 23 feet, in ail 65.0 feet to a point of curve; thence with a hem line, a cur~ed line to the right abase radius in 81.2§ feet and whose chord is S. 60° 59* 30" E. HI.R? feet passing the aorthmesterly side of Belleview Avenue, S. E., at about 24 feet, in all the arc length of 65.11 feet to a point on the present southeasterly side of Belleview Avenue, S. thence with the same lith a curved line to the right whose radius is 344.6 feet and whose chord is S. 77° 52' 56" R. 126.29 feet, the arc length of 127.0 feet to the place of BEGINNING, containing 0.67 acre, more or less, of'uhich 0.47 acre, more or less, is portion of the streets and avenues proposed to be vacated, discon- tinued and abandoned, and being more particularly shown on a plat drawn from existing records made for Roanoke Hospital Association by C.'B. Malcolm ~ Son° StateCertified Engineers, dated February 24, 1965. be and the same shall be permanently vacated, discontinued and closed and that thereupon all right of the general public in and to the same as public streets be 143 144 and is released insofar ss the Council is empowered so to do; the City of BOleOke and other public utilities uhJch nay gu said effective date he located in the aforessid portions of said streets; BE IT FURTHER ORDAINED that on end after the effective date for the closing, vacation end discontinuance herein provided tbs City Engineer be sad he ia hereby directed to mark #Peroanently Vncsted, Discontinued end Closed" sued portions of Bellevieu Avenue, S. E., Lake Street. S. E.. and Hamilto? Terrace. S. E.. on all maps and plats on file in the office or the City Engineer in the City of Roanohe, Virginia, on which said portions of streets and avenues are shown, referrin thereon to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. The motion mas seconded bF Mr. Pond and adopted bF the follouing vote: AYES: Messrs. Gar]and, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard .......................... 7. NAYS: None ..................O. HEALTH DEPARTMENT: Council having previously set a public hearing for 7:30 p.m,, Tuesday, July 6, 1q65, on a proposed new Housing and Hygiene Ordinance, gad having continued the public hearing until 2 p.m., July 12. 1965, the mutter was before the body. In this connection, Dr. William H. Heeler, Commissioner of Health, appeared before Council for a discussion of the proposed Ordinance. Mr. Jones ~ug~ested that Section 2.1 be amended to provide that the Health Officer, upon proper identification, be authorized to enter duellings for th~ purpose of inspection; that Section 4 be amended to provide that rules and regula- tions for the enforcement Of the Ordinance shill be subject to the approval Of Council; that various sections of the Ordinance b~ clarified from the standpoint of applying to nam construction only; that Section 10.1 be amended to provide that no permit shall be issued to a person to operate a rooming.house until the proper license has been secured; and that various other amendments to the proposed Ordinance he considered. Council being Of the opinion that the fine should be not'less than $5 nor more than $50, or lmprison&ent for not less than one day nor more than'lO du~s, and that the Ordinance should be 6ffective on and after January'l,'1966, Mr. Jones moved that the nbw Housing and Hygiene Ordinance be referred*bach to the City Manage for conference with the Cit~ Attorney in the redrufting Of the measure pursuant to changes suggested at the public hearing and to submit same to Council for further consideration, The motion was seconded by Mr, Wheeler and unanimously adopted. PARKS AND PLAYGROUNDS: Council h aving referred a request of Mr. Harry N. Lichtenstein, Attorney. representing Messrs. Herman Trompeter and S. Albert Trompeter, that Ordinance No. 16292. providing for the purchase of 4.5 acres of land needed in connection with the proposed extension of Malay Drive, be amended to permit extension or saner laterals to their remaining property and the coas~ructi( of a haximum of rive crossovers at equal intervolso to the City Manager and the City Attorney for conference mith Mr. Llckteasteia, Mr. Llchtenstele appeared before the body, pointing out that at the laat meeting or Council th~*body mas informed of a plan rot the extension of liley Drive on the south side or'Roanoke River rather than the north side nhJch mould eliminate the need rot the Trumpeter property: therefore, he has mritten the City Manager advising that his clients ore mithdrauing their offal to sell the 4.5 acres of land to the City of Roanoke for the sum or $7,000, and requested that Ordinance No, 16292 be repealed. The City Manager verbally recommending that the Trumpeters be permitted to mithdrum their offer, Mr. StolleF moved that the matter be referred to the City Attorney for preparation of the proper measure repealing Ordinance NO. 16292. The motion mas seconded by Mr. Jones and unanimously adopted. CLAIMS: Miss Helena Paxton appeared before Council; advising that her carport man damaged in the amount of $249 by the falling of a tree limb from u tree on city property, and requested that she be reimbursed by the city for.the damage to the carport. Mr. Stoller moved that the request be referred to%he City Attorney for a legal opinion. The motion mas seconded by'Rt. Jones and unanimously adopted. P~TITIONS AND COWRCNICATIONS: PURCHASE OF PROPERTY-PARRS AND [~uAYGROUNOS: Council havieg previously rejected an offer of Rro C. L. Wertz to sell to the City of Roanoke a l.?O?-acre tract of land located on the southeast corner of Salem Turnpike and Thirty-sixth Street, N. W., adjacent to the Fairviem Elementary School, for a net price of $8,500, a communication from Mr. Wertz, offering to sell the property for $8,000, mas before the body. Mr. Wheeler moved that the offer be referred to a committee composed of #essrs. Arthur S. Omens, Chairman, James N. Rincanon, J. Robert Thomas and Roy R. Pollard, Sr., for study, report and recommendation to Council. The notion mas seconded by Mr. Stoller and unanimously adopted. STREETS AND ALLEYS: A petition signed by 20 residents of the 3000 and 3100 blocks of Shenandoah Valley Avenue and the bO0 block of Lindberg Lane, N. E., requesting that said streets be blacktopped, mas before Council. · On motion of'Mr. Stoller, seconded by Mr. Pollard and unanimously adopted the matter mas referred to the City Manager for study, report and recommendation to Council. CITY MANAGER: A Resolution of the Roanoke JunJorChamber of Commerce, Incorporated, strongly endorsing a City Manager - Council form of government, urging Council and the Charter Study Committee to implement the division of duties of the policy-making body and administrativeoffice, both in act and principle, requesting that only those applicants for City Manager be considered aha. through 145 146 both edscotloo old brood experience, qualify el professional City Hanogers and reconnendiag that a solery be established nhlch mould attract men mlth these attributes, mos before Council. On motioo of Mr. Smaller, seconded by Mr, Jones amd unanimously sdoptedt the Resolution uae filed, REPORTS OF OFFICERS: ~TREET LIGHTS: The City Manager submitted 8 uritten report, recommending that u street light be installed et the intersection or salem Turnpike and Westnood Houlevard, N. My. Smaller moved tbet Council concur in the recommendation of the City Manager and offered the follouing Resolution: (n16521) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light at the intersection of Salem Turnpihe and Meitnood Boulevard, N. (For full text of Resolution. see Resolution Book No. 29, page 276.) Mr. Smaller moved the adoption of the Resolution. The motion was Seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Smaller, Mheeler and Mayor QJllard .......................... ?. NAYS: None ..................O. BUDGET-PARKS AND PLAYGROUNDS: Council having received from Mr. Miley N. Jackson, a ~hecK for $2,000, of uhJch $1,500 is to be used for the beautification of Wiley Drive and the balance of $500 is to be used for the same purpose in the parks Or other points at the discretion of the Miry Manager, the City Manager submitted a written report, recommending that $2,000 be appropriated for this purpose. Mr. Smaller moved that Council concur in the recommendation of the Cltl Maqoger and offered the following emergency Ordinance transferring $2,000 from "Contingencies," to Materials - Building and Property under Section Fill, "Recreatic Parks and Recreational Areas." of the 1965-66 budget: (316522) AN ORDINANCE to amend and reordsin Section ~111, ,"Recreation, Parks and Recreational Areas," and Section =166, "Contingencies," of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordiqance, see Ordinance Book No.,28, page 277.) Mr. Smaller moved the adoption of the Ordinance. The motion nas seconded by Mro Iheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard, Pond, Stellar, #heeler and Mayor Dillard .......................... NAYS: None ..................O. BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a mritten report, advising that it mill be necessary to appropriate the additional sum of $1,258,25 to cover the final cost of erecting the Jupiter Missile at the Transporta- tion Museum, and recommended that the appropriation be authorized. Mr. Stoller moved that Council concur in the recommendation of the City lslager and offered the folloelog eeergeocy Ordinance transferring $1,258.25 frae Sectioa ~166, *Contingencies,' to Operating Supplies tad Materials under Section · 111, 'Recreation, Paths amd RecreatJonnl Areas** of the 1965-66 budget: (~16523) AN ORDINANCe to am~ad aid reordnin Section ~111, 'Recreation, Parks and Recreational Aress** and Section 2166. *Contingencies,# of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text or Ordinance, see Ordinance Dusk No. 28, page 2??°) Mr. $tolleF moved the adoption of the Ordinsnce. The motion mas seconded by Mr. Pollard and sdopted by the following vote: AYES: Messrao Garland. Jones. Pollard, Pond. Stoller. Wheeler and Mayor Dillard .......................... 7. NAYS: None .................. O. SEKERS AND STORM DRAINS: The City Manager submitted n written report, recommending that he be authorized to fill the v~cancy of Office Assistant at the Sewage Treatment Pleat. Mr. Stoller moved that Council concur in the recomuendatioa of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. Tbs motion was seconded by MFs 6arland and unanimously adopted AIRPORT: The City Manager submitted a written report, recommending that he be authorized to release to Frye Building Company funds non being held on Project 14 at Roanoke Municipal (Roodrum) Airport. with the exception Of $500° Mr. Stoller moved thor 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 uss seconded by Mr. Jones and unanimously adopted. PARKS AND PLA¥OROUNBS: Council havinR previously authorized the leasing Of Rockledge Inn on Mill Mountain to Roanoke Summer Theatre. Incorporated, the City Manager submitted n written report, recommending that the lease be assigned to the Mill Mountain Playhouse Company. 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. Garland and unanimously adopted. STAYE HIGHWAYS: The City Manager submitted a written report, transmittin* the following communication from the Director o'f Public Works with reference to reqaesting the Virginia Department of Highways to landscape and beautify the approaches On major hlghuays leading in to the City Of Roanoke, and recommended that such a request be made: 'DATE: July 8, 1965 TO: Mr. Arthur S. Omens, City Manager FROM: Mr. H. Cletus Broyle$, Director Of Public Works Recently I have been working with Mr. A. O. English, Chairman Of City Approaches Committee, a sub-committee of the Area Beautifica- tion Committee of the Roanoke Chamber of Commerce. We have been 147 148 ia conferemce mlth officials of the State Higbuey Departmeo~ in regard to landscaping end beautifying the approaches De me]or .highmeys leading atto Roanoke and feel that it mould be helpful et this tine to have resolutioes from both the City and the Rosnohe Chamber or Comterce us folloue~ 1, Since Interstate 581 is nam progremoed to be land- scaped damn to Elm Avenue, and since Route 5qgo *The Southuest Rxprestuoye is in the process of being surveyed and planned, it is recommended and requested tbut the Highuay Department Include in the overall project plans for the accomplishment of adequate landscapieg and beautification on said Expressus~ from Elm Avenue to the Intersection of U, ~, Route 220 and Virginia Route 419. 2, Tbut the Department of Highmays be requested to prepare an ~eqn~elandscaplng and beautification plan on D, S. 220 inside mud outside of the City froo Rosnoke River to the Franklin County line and to initiate a program to accomplish emma,, and further that the City mill agree to cooperate and mill undertake to accomplish that part of the plea mithin the City of Roanoke, 3. That the Department of Righmays be requested to plan an adequate landscaping end beautification plan on D, So 460 both inside and outside of the City from Interstate 581 to u point approximately 10 niles East of the City*s East Corporate Limits and to Initiate a program to accomplish same, and further that the City will agree to cooperate and will under- take to accomplish the part of the plan mJthin the City Of Roanoke. S/ Bt Cletus Broyles Bo Cletus Broyl~s Director of Public Marks' Mr. Stoller moved that Council concur in the recommendation of the City Ranager and that the matter be referred to the City Attorney for the preparation of the proper measure. The motion w~s seconded by Mr. Garland end unanimously adopted. SEWERS AND STORM DRAINS: The City Manager submitted a writteh report. advising that the State Water Control Board has expressed concern over the failure of the' City of Roanoke to test the waters mithin 'its corporate limits' mith reference to the intensity of pollution, Jf any, and pointed Out that there are adequate funds in the Sewage Treatment Budget to provide for the test at an estimated cost of $10,6g0 the first yeer. th~ cost thereafter being approximately sixty per cent annually of the initial amount. It appearing that the City Manager is scheduled to appear before the State Mater Control Board on July 20, 1965. for a discussion Of the matter, Mr. Jones moved that action on the report of th~ City Manager be deferred until' the regular meeting of Council on August 2. 1965. The motion mss seconded by Mr. Garland and unanimously adopted. STREETS AND ALLEYS-SIDEWALK, CURB AND GtI~TEE: The City Manager submitted a written report, transmitting an offer of the Appalachian Pomer Company to donate to the City of Roanoke strips of land On the north side Of Day Avenue, the east side of First Street and the south side of Bnllitt Avenue, S, W., in exchange for the installation Of sidemalk, curb and gutter, a retaining' wall ulon~ First Street and street paving at an estimated cost of $13,S00, and suggested tha~ the' matter be referred to the Committee on Ca'pit'al Improvements for its consideration. J I J Hr. Jones pointing out thcs the Appalachian PaRer Company Rill be unable to coBplete the inproveoeet of its property until the city coBpletes the street inproveneets, Hr. Nheeler Bayed that the nether be referred bach to the City Nonsger for s Bore accurate estimate of the cost of told street Jnproveoents. The motion Boo RecoRded by Mr. Stellar end unanimously adopted. PENSIONS: The City Ransger submitted a uritten report, tracsuittfng on eciusrlal report of Bowles, Aodreus & Toune, Incorporated, on u valuation or the account of the City of Roanoke under the Virginia Suppleuentol Retirement System os of June 30. 1964. Hr. Stoller moved that the report be received and filed. The notion was seconded by Ir. Pollard and unanlnously adopted. PARKS ANO FLAVGROUNOS: Council having referred · proposed Ordinance unending Section 3, Chapter 6, Title VIII, of The Code of the City of Roanoke, 1956, to prohibit the'cutting of uny moody plant,on onniclpolly ouned land by persons ethel than those employed b7 the City of Roanoke for this purpose unless a uritten permit is first secured from the city, back to the City Attorney for redroftin9, he submitted the following report: · July 7, 19&5 The Honorable Mayor and the Members of the City Council Roanoke. Virginia At the meeting of the Council held Jane 14, 1965. a proposed ordinance amending Sec. 3, Chapter.6. Title VIII of the City Code, relating to the cutting, trimming, etc. of City trees end shrubbery, was referred to this office mith directions to make certain changes in the proposed ordinance mhich uould eliminate the requirement for removal of tree stumps, Mould permit of the issuance of a blanket permit, provide for a $5.00 inspection fee and a $1.000.00 bond to be posted by abe permittee. Furthermore, the undersioned was directed to confer with the Director of Parks and Recreation mud uith a representative of o local public utility company regarding any additional matters deemed necessary to be incorporated into the proposed ordinance, There is now transeitted hereuith to the Council a redraft Of its former meeting and which has heretofore been submitted to the City's Director of Parks and Recreation and to the public utility the general approval of each of said other persons. Respectfully, 5/ J. N. ~incanon James N. Ki~canon City Attorney* In this connection, Admiral Corleton H. Hrtght. Chairman, City Beautifica- tion Committee. Men*a Garden Club, appeared before Council and o~vfsed that the Ordinance as redrufted meets with the approval of the Men*s Garden Club. Mr. Stellar then moved that the following Ordinance be placed upon its first reading: (~16524) AN ORDINANCE amending Section 3, Chapter 6, Title VIII of The Code of the City of Roanoke. 1956, relating to the City's trees, flowers and 149 150 shrubbery, byprovlding certuiu penalties for certain injury to any of the CUBe uud providing, further, procedures rot the pruning, trimmlhg or removal'of City-omned trees nad issuance of perwits therefor by the Department of Pnrhs and Recreation, . HE*IT.0RDAInED by the Council or the City of Roanoke tbut Section 3, Chapter 6, Title VIII, of The Code of the City of Rosnohe, 1956, relating to the injury of trees, flouers and shrubbery on the public streets or public grounds of the City, and providing penalties therefor, be, and said section is hereby amended and reordained to preside ss follows: Sec. 3. Unauthorized cutting, trimming or reuovul of trees, flouers and shrubbery; injuring trees, etc.; penalties; permits. (1) Aoy person who shall, mJthout having obtained authority as hereinafter provided, cut. trim, prune or remove any trees, fleuers or shrubbery in the public streets or uuys or in any of the public grounds or property of the City. or who shall will- fully or wulicieusly injure, in uny way, uny such trees, flowers or shrubbery in uny of the aforesaid places shall be guilty of a misdemeanor and shall, upon conviction, be fined not lena than two dollars nor safe than three hundred dollars for each offense. (2) Any person desiring authority to trim, prune, cut or remove trees, flouers or shrubbery on the public streets or ways or on the public grounds or property of the City may apply for such authority to the Director of Paths and Recreation in writing. specifying in detail the work proposed to be done. Each such application shall be accompanied by payment to the City of n fee of such amount as will reimburse the City the sum of five dollars for each inspection to be made of the work authorized by permit issued on such application, all of which said work shall be inspected at least one time by said Director; and by a bond payable to the City in a sum not exceeding one thousand dollars to guarantee satisfactory completion of the work proposed to be done, which said bond may be la the form of a certified check or of a bond. in writing, of the applicant, and such bond shall be deposited ~it~ the City Clerk. Should the trimming, pruning or removal of such trees, flowers or shrubbery be, in the sound discretion of the Director of Parhs and Recreation, necessary or desireable and the method proposed for performing said work be according to approved practices, a permit authorizing the performance of the work applied for shall be iisued by said Director, which permit shall contain and.set forth the terms and conditions under which such work shall be performed; and there- after the Director of Parks and recreation shall have the authority to supervise and direct said work and shall, upon completion, inspect the same to insure performance of the work in accordance with the provisions of this ordinance and approved practices. More than one location may be designated in a single permit, but no permit shall remain ia force and effect for more than one year followingits issuance. Upon inspection and mritten approval by said Director of all of the work authorized by such permit, the City Clerk shall forthmitb release and deliver to the permtttee the bond theretofore bold pending such completion and approval. The use of climbing irons or spurs shall be prohibited on any live tree. The motion was seconded by Mr. Pond and adopted by the follo~ing vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Smaller. Nheeler and Mayor Dillard .............. ~ ........... 7. NAYS: None ..................O. STREETS AND ALLEYS: Council havin9 referred to the City Planning Cowwissi for study, report and recommendation the request of John Jo Russell, Bishop of the Roman Catholic Diocese Of Richmond that Harrison Avenue. N. W.. be vacated, discon- tinued and closed in a masterly direction from North Jefferson Street to Gainsboro Road. the City Planning Commission submitted a uritten report, recommending that the request be granted. Mr. Stoller moved that a public he·ring o· the matter be held at 2 p.m., August 16, 1965~ The marlo· mas seconded by Mr. Carload nad ·na·lmously adopted. SCa00LS: Con~cil havi·g referred to the City Pla·ninE Commissio· rot study, report and recomme·datio· · request of the Virgi·ia Polytechnic institute that the City of Roanoke co·rev to V. P. Io the remai·l·g tract or cJty-omned la·d, consisti·g of approximately 17 acres, located on the south s~de of Colonial Ave·Be, S. M., adJacent to the Rom·aka Technical Institute, for future expa·sio· er R. the City Planning Commission submitted the rollouJng report: "July 8. 1965 The Honorable Benton O. Dillard, Mayor sad Members of City Council Rcnnohe, Virginia Ueutleten: At its regular meeting of July ?o 1965 the Planning Comuiaaicn cousidered the request of Virginia Polytechnic Institute for the co·veya·ce of l? acres of City-oxned Innd located on the south side of Colonlul Ave·ua, S. M. In studying this request the City Pla··l·g Coumissio· ·oted that the subject property is located adjacent to the pFesent Roanoke Technical I·stitute land and buildings and mould constitute the logical expansion area for the Institute's facilities. The ·end for expansion of R. T. I. facilities has previously been recog- nized and is reflected in a development model prepared by the planning departme·t in January 1965. .The City Planning Commission. therefore, finds that the conveya·ee of said land ·re· to the Virgi·ia Polytechnic Institute is in the best i·terests of the community and is consiste·t math the lan9- ra·ge pla·s prepared by the Planning Coemisslon. The City Planning Commission, therefore, recommends to City Council that this request be granted. Sincerely yours, S! #erner K. Sensbach for Henry D. floynton Chairman" Mr. Stoller moved that the report be referred'to'a ~ommittee composed of Messrs. James E. Jo·es, Chairman, Clarence E. Pond and Murray A. Stoller for it~ information in connection with its study of the location of the tract of land proposed to be conveyed to the Virginia Polytechnic Institute and to the City Attorney fo~ his information in preparing the proper measure conveying the land. The motion mas seconded by Mr. Jones and unanimously adopted. RSPORTS OF CO~SITTE£S: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 16509, vacating, discontinuing and closing a portion of Mississippi Avenue, N.'E., having previously been before Counci for its first reading, read and laid over mos again before the body, Mr. Stoller offering the following Ordinance for its second reading and final adoption: (~16509) AN ORDINANCE permanently vocatlngo discontinuing and closing a portion of Mississippi Avenue, N. £., beginning at a point ·here said Mississippi 15.2 Avenue dead ends at the Norfolk nnd fleateru Rnilmny Company right of uny and proceeding Ir an easterly direction, a total distance of l~6.65 feet. (For fall text of Ordinance, see Ordinance Rook No. 28, page 2?3.) #r, Sloller moved the adoption of the Ordinance. The motion uss seconded by Hr. Pond and adopted by the folloelng vote: AYES: Hessrs. Garland, Jones. ~ol~nrd. Pond, Stoller, Hheeler and flnyor DJliurd .......................... 7, NAYS: None .................. O. SPECIAL EERHITS-STREETS AND ALLEfS: Ordinance No. 16S10, epproring the construction and maintenance by Times-florid Corporation of an additional building over and across the alley uhich lies betseen Campbell Avenue and Salem Asenne, and extends from Second Street to Third Street. having previously been before Coutcil for its first reading, read and laid over, mas again before the body, Hr. Stoller offering the folloeing for its second reading and final adoption: (~16510} AN ORDINANCE approving the construction and maintenance by Times-Horld Corporation of on additional building over and across the alley which lies betueen Campbell Avenue and Salem Avenue, S. N., Roanoke, Virginia, end extends from Second Street tO Third Street, S. fl.; and authorizing the Building Commissioner issue a building permit for the same. (For full text of Ordinance, see Ordinance Rook No. 2R, page 2?4.) Hr. Stoller moved the adoption of the Ordinance. The motion mas seconded by Hr. Pond and adopted by'the following rote: AYES: Messrs. Garland, Jones, Pollard. Pond. StolleF. MheeleF nnd Hayor Dillard .......................... ?, NAYS: None .................. PARKS AND PLAV~ROUNDS-SCHOOLS: Ordinance No. 16516, naming the 7.83-ocre park surrounding the F. A. A. Radio Range at Andrews Road and lqth Street Extenoion N. fl., the 'John F. gennedy Park," hating prertously been before Councl~ for Ils first reading, read and laid over. was *gain before the body, Hr. Stoller off'ring the following for its second reading and final adoption: (~1651b) AN ORDINANCE providing the name for the City*s neu 7.03-acre park'at Andrews Road and 19th Street Extension. N. H. (For full text of Ordinance. see Ordinance B~ok No. 28, page 27b.) Hr. Stoller moved the adoption of the Ordinance. The notion mas seconded by Hr. Pollard and adopted by the folloming vote: AVES: Heists. Garland, Jones. Pollard. Pond. Stoller, Hheeler and Hnyor Dillard .......................... NAYS: None .................. O. BUDGET-PAY ~AN: Council having directed the City Attorney to pre pare the proper measure authorizing the City Manager to fill certain vacancies in various municipal departments since they ore of an emergency nature, he presented same; ehereapou, Mr. Stoller offered the folloutng Resolotion: (m16525) A RESOLUTION nnthorlzlcg the City Manager to employ certsin (For fall text of Resolution, nee Resolution Book No. 28, page Hr. Stoller moved the adoption of the Resolution. The motion nos seconded by Hr. Garland sad udopted by the follomJng vote: AYES: Neasrs. Garland, Jones, Pollard. Pood, StolleF, #heeler, nod Nsyor Dillard .......................... NAYS: None ..................O. PLANNING: Council having directed the City Attorney to prepare the proper · ensure confirming the appointment of Mr. Dexter Norris Smith ns Director of City Planning. effective August 1, 1965. at u salary of $9,600 per annum, he presented sane; mhereupon, Hr. Stoller offered the follouin9 Resolution: (~16S26) A RESOLUTION confirmin9 the appointment of Nr. Dexter Norris Smith ns Director of City Planning, effective August 1, 1965; and fixing the salary of said appointee. (For full text of Resolution. see Resolution Book No. 28, page 2TR.) Hr. Stoller moved the adoption of the Resolution. The motion was seconded by Nra PoJ]erd and adopted by the foJ]omJng vote: AYES: Messrs. Garland. Jones, Pollard, Pond, Stoller, Wheeler and Nayor Dillard~ ......................... NAYS': None .................. O. PARKS AND L~AYCROUNDS: Council herin9 directed the City Attorney to prepare the proper measure expressing to Rt. Wiley N. Jackson the appreciation and gratitude of the body for his gift of $2.000, of uhich $1,500 is to be used for the beautification of Wiley Drive and the balance of $500 ia to be used for the suue purpose in the parks or other points nt the discretion of the City Reneger, he presented same; whereupon, Hr. Stoller offered the follomin9 Resolution: (m18527) A RESOLUTION expressing the City's appreclution and gratitude for a recent gift to the City from Hr. Wiley N. Jackson. (For full text of Resolution, see Resolution Book No. 28, page Rt. Stoller moved the adoption of the Resolution. The motion was seconded by Rr. Wheeler and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... ?. · 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 southeast. corner of Campbell Avenue and Thirteenth Street, $. E., described os Lots and IR, Block 14, East Side Land Company. Official Tax Nos. 4110801, 4110802 and 4110803, for the sum of $1,000 cash, to the Safety Motor Transit Company, he presented same; mhereopon, Mr. Stoller moved that the following Ordinance he pl~ced upon its first reading: 153 154 (u16528) AN ORDINANCE accepting aa offer of Safety Motor Transit to purchase Lots 16o 17 and 16, Block 14. according to the map of Host Sid~ Load Company., for $Io000,0.0, ooshl and authorlmiog conveyance of sold property to be mode to said purchaser. NBEREAS, Safety Motor Transit Company has offered in uritJng to purchase frae the City the property hereinafter described for the sun of $1,000.00, cash, to be paid to the City, and · committee appointed by the Council to consider acid offer hen recommended that the same be accepted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the mr/tten offer of Safety Motor Transit Company to purchase frol the City Lots 16, 17 and 18, Block 14, according to the mop of East Side Land Coupany, for the omb of $1000.00, cash. be and said offer is hereby accepted. BE IT FURTHER ORDAINED that the Mayor and the City Clerk be and they ore hereby authorized and directed to execute, seal end attest, respectively, the City's deed of conveyance, conveying the aforesaid lots to said Safety Motor Transit Companyin fee simple, for the consideration aforesaid, said deed special marranty of title on the part of the City and to he prepared and approved by the City Attorney; and, thereafter, upon acknouledgement of said signatures and upon full payment of the aforesaid purchase price made to the City Clerk, said City Clerk shall be and is authorized nad directed to deliver the City's said deed of conveyance to said Safety Motor Transit ~ompany or to said compsnySs attorney. The motion Mas seconded by Mr. Pond ned adopted by the following vote: AYES: Messrs. Garland, Joues,~ Pollard, Pond, Stoller, Nheeler and Mayor Dillard .......................... 7. NAYS: None .................. 0. STATE HIGNNAFS: Mr. Stoller offered the follo~fog emergency Ordinance authorizing ~he acquisition of tad parcels Of land and certain construction ease- ments needed in connection slab, the improvement of Virginia Siate Route 24, and the acquisition of one residue p~rcel of land needed for other public purposes, upon certain, terms and conditions: (=16529) AN ORDINANCE authorizing the acquisition of two (2) parcels of land and certain construction easements needed for the City's State Route No. 24 Project, and the acquisition Of one (1) residue parcel of land needed for other public purposes, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2B, page 27q.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland,. Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard .......................... NAYS: None .................. O. STATE HIGHMAYS: Mr. Stoller offered the fol.lowtn9 emergency Ordinance authorizing and directing the acquisition of three certain properties and certain temporary construction easements needed Jn connection with the improvement of Virginia State Route 24 and the purchase of the residue of tmo of said properties for other public purposes: ·155 (z16530) AN ORDINANCE authorizing sad directing the acquisition of three (3) certain properties end certain temporary construction easements necessary for the improvement and construction of State Route No, 24, in the City; authorizing the purchase of the residue or ama (2) of said properties rot other public purposes; authorizing the City Manager to wake to the respective ouuers thereof offers for the Cltyts purchase of said properties{ providing for the ncqusltlon of those properties needed for State Route No. 24, or either of thew by condemnstlon, under certain circumstances, and for 8 right of entry thereon; mud providing for on emergency. (For full text of Ordinance, see Ordinance Cook No. 28, page 281.) Mr. Stoller moved tbs adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the follomJn9 vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, #heeler end Mayor Dillard .......................... 7. NAYS: None ..................O. MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS: Mr. H. ¥. Robinson, President of the Mllduood Civic League, appeared before Council and complained that although manhole covers on Idlemild Boulevard, N. E., mere raised three years ago the street still has not been blacktopped and, apparently, is not included in the blacktop program for this year. Mr. Stoller moved that the matter be referred to the City Manager for investigation and report to Council. The motion mos seconded by Mr. Garland and unanimously adopted. AUDITORIUM-COLISEUM: Council at its meeting on February 1, 1965. having received and accepted the report and recommendations of the Civic Center Project Committee and having referred the matter to the City Attorney for preparation of the proper measure, Mayor Dillard recommended that the body proceed fovthmJth to carry into effect the recommendations Of the committee. In this connection, Mr. Jones read the following prepared statement: 'STATEMENT OF J, E. JONES MADE IN CONNECTION MITB THE RESOLUTION AND ORDINANCE DEALING MITH THE I~OPOSED AUDITORIUM-COLISEUM - JULy 12, 1968 In voting for this resolution and ordinance I moat it clearly understood that if in the event other methods of financing this most needed facility are forthcoming, I mill support the method mbich, in my opinion, mill provide these facilities at the lowest possible cost to the citizens of Roanoke. I base this statement on the following: 1. Campaigning for this seat on Council I stated I mould support o redaction in the Utility Tax imposed by the City on its citizens. This was predicated on ama known facts: a. Members of the Council in office nhen the Utility Tax was increased to 1S~ promised the citizens a l-year tax. (Three of these Councilmen still hold seats on this Council.) b. I believe it mould deter new Industrial growth, resultin9 in off-setting losses in revenue through real estate and personal property taxes. (The Utility Tax was reduced from 15~ to 12~ as of January 1, 1963.) 156 2. Tho State nnd Federal Gover·meato ore presently considering legislation mklck could mate available money to suppleaent the cost of this project. I refer to the Public Becreotino Facilities Act. 3. Already fn preparation fs o· ordinance ~or lhe ennctaeal · loci1 sales tax, mba*ch revenues could be allocated for the payment of these needed facilities, os well as schools, lncJaeralors, libraries, bridges, fire stationa, ~lc, 4. The Citizens* Committee in proposing the financing of this facility staled publicly thnl ir other methods of financing thio facility were forlhcoming that they mould have no objection to olber proposed methods. 5. ! contend lhal, after thorough study and proJeclion of the Income to be defiled from the propound Uti]it7 TaX Increase, this increase mill ual underwrite lhe lotal cost of operation and lh~ cnrlailmen% of lhe bonds needed to pay for ltese facililJeo. I do agree with and support th~ eslnblJsbment of an authority os proposed uhich mill be lhe vehicle needed to proceed mitt. the sole of the bonds for this faclllly: and, I also ·glee .fib the proposed increased size of the coliseum. I mould oppose, homever, on increase in real and personal properly loxes to provide this · much needed facility unless such increase mould b~ approved by our citizens. S/ James E. Jones Mr. B. B. Harden appeared before Council and stated that he has been against previous proposals for an Auditorium-Coliseum because the burden of the cost of the project would be placed on the home onner but that he is in favor of the project if it is financed by an increase in the utility t~x. After a discussion of the matter, Mayor Dillard relinquished the Chair and offered the following Resolution approving the report of the Civic Center Project Committee: (~16531) A RESOLUTION relating to the report dated January 27. 1965, made to the Council by its Civic Center Project Committee. (For foil text of Resolution, see Resolution Book No. 28, page 2R3.} Mr. Dillard moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the folloming vote: AYES: Mesxrs. Dillard, 6arlaod, Jones. Pollard, Pond, Stol]er, and Vice Mayor Wheeler .......... L .................. ?. NAYS: None ..........................O. Mr. Pond then offered the following emergency O~dinance authorizing the employment of the firm of Moods. Rogers, Ruse and Nalker, Attorneys. to implement the specific recommendations of the Civic Center Project Committee: (~16532) AN ORDINANCE authorizing employment of the services of Special Counsel for the City to implement the specific recommendations made to the Council by Its Civic Center Project Committee; providing for the payment for such services; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 29, page 204.) Mr. Pond moved the adoption of the Ordinance. The motion was seconded by Mr. Stoller and adopted by the folloui~g vote: AYES: Messrs. Dillard. 6upland, Jones. Pollard, Pond, Stoller and Vice Mayor Nheeler ............................. NAYS: None ..........................O. ARMORIES: The committee appointed to study the question of the architect* "Jely 12, 1965 To the City COBICil Rosnohe, Virginia At Roanoke City Council oeetlng held July 6, 1965, the sase Committee ehich mis appointed to revieu the bids end mehe recommendations rot the addition to the National Guard Armory mBS req*ested to ngeln revleo the transaction end report their findings to Council. We had 8 oeeting of the full Coomittee on July 10, 1965, mith Architect Garry Clay present, end investigated ell phases of the matter, A brief revJeo of this transaction is es follous: The sum of SYO,O00.O0 uss appropriated for additions end altera- tions to the present National Guard Armory, end $5,000.00 mos appropriated by Ordinance 16023 for erchitect*s fees, making a total of $75,000.00.' Thl's project is to be financed by the Virginia Stets National Guard contributes9 $50.000.00 and the City $25,000.00. Bids mere opened at Council Meeting Ney 3, 1965, the Ina bidder mas Watts and Breahell, Incorporated, wlth a sum of $69,?00.00. The architect was Garry Clay, and the agreement betmeen the Architect and the Ouner mas 6~ of the bid price, plus Matts end Rreehell, Incorporated ............. $ 69,?00.00 Architect*s Fee (6~) ............ $ 4,182.00 500.00 4,682.00 $ 74,382,00 The reason for the $500.00 addition to the standard architect's fee mas that considerable oath mos required in chechlng the air conditioning end duct system, cheching the boiler heating capacity, end exploring the electrical circuits and terminal boxes for the additional load. Mr. Clay estimated that 60 man hoars in addition to that required for the new construction were necessary on the project, which, if billed et his customary rates, would have amounted to $720.00. In viem of ell circumstances, the Committee feels that there has been no abuse of City funds, and recommends that ue proceed with this moth as planned. Respectfully submitted, COMMITTEE: S/ Clarence E. Pond Clarence E. Pond, Chairman Arthur S. Owens S/ Bueford B. Thompson Bueford B. Thompson* Mr~ Pond moved that Council concur in the recommendation of the committee The motion mas seconded, by Mr. #heeler and unanimously adopted. COUNCIL: Mr. Jones stated that it appears e majority of Council will be out of toun next week and moved that the City Attorney be directed to prepare the proper measure canceling the. meeting of Council on July 26, 1965. The motion was seconded by Mr. Pollard and unanimously adopted. On motion of Mr. Stellar, seconded by Mr. Jones and unanimously adop~ed/ the meeting mas adjourned. APPROVED ATTEST: ' 158 COUNCIL, SPECIAL MEETING, Medeesduy, July 14, 1965. The Council of the City of Roanoke met ia special meeting ia the Auditorium of the Clty*s Health Center, Meduesduy, July 14, 1965, aL 7;30 p.m** for the purpose or continuing the public hearing ge the proposed Zoning Ordinance to hear requests o! citizens BUd their attorneys regarding zoning of certain parcels of land. PRESENT: Councilmen Robert A. Garland, Roy R. Pollard. Sr.. Clarence E. Pond, Murray A. Stoller and Mayor Benton O, Dillard .................................... 5. ABSENT: Couecllmen Ja~ea E. Jones un~ ¥1oceet So Mheeler .................... ZONING: Council having continued its public hearing until 7:30 p.m., July 14, 1965, On the proposal of'the Roanoke City P~anuiug Commission to adopt un Ordinance amending in its entirety Chapter 4, of Title X¥, of The Code of the City of Roanoke 1956, ua presently amended, relating to Zoning, thereby amending, supplementing, changing or modifying all Of the regulations, restrictions, boundaries and district provided for in said chapter or shown on the Zoning Plan referred to iu Section 1 of said chapter for the purpose of permitting citizens and attorneys to present their requests regarding, zoning of certain parcels of land, the matter was before the body. Mr. J. Glenwood 5trickier, Attorney, representing Mr. William N. Beudley, appeared before Council and requested that property located on the south ~de of Center Avenue, N. W., between T#enty-fifth Street and Twenty-fourth Street, describe aa Lot 3, Block 10, Runnymede Corporation, Official Tax No. 2310503, nog zoned ua Light Industrial and proposed to be zoned under Section 130.03, General Residential District - RG-2, be zoned under Section 130.09, Light Manufacturing District - LM of the proposed Zoning Ordinance. Mr. C. E. Caddy, Attorney. representing Mr. S. A. Carter. appearing before Council requested that property located on the south side of Center Avenue, N. betmeen Tmenty-seventb Street and Tmenty-fifth Street described as Lots 11-13, Block 15, Runnymede Corporation, Official Tax Nos. 2420711-2420713 presently zoned Light Industrial and proposed to be zoned under Section 150.03, General Residential District - aG-2, be zoned under Section 130.0~, Light Manufacturing District - LM Of the proposed Zoning Ordinance. Mr. C. E. Caddy, Attorney, representing Mr. John R. Buttermorth, appearing before Council requested that property located on the south side of Center Avenue, N. M., betmeen Tmenty=flfth Street and Twenty-fourth Street, described us Lots 1 2, Block I0, Runnymede Corporation, Official Tax Nos. 2310501 and 2310502, presentl~ zoned Light Industrial and proposed to be zoned under Section 130.03, General Residential District - aB-2, be zoned under Section 150.09, Light Manufacturing District - LM of the proposed Zoning Ordinance. :i. 59 Mr. James H. T·ylor, President, Hollizs Rood Civic League, eppeerlog before Council requested that properties located on the east side of Hollies Road, N, between Bluestone Avenue sod Shull Rondo non zoned rot business described ss · portion of Lots 1, 10 ·od Il, Block 2, Bluestone Additiou, ofrict·l Tax Mos. 3250201 3250203. 3250212 sod 3250213; · portion of o 1,25~scre tract of lo·d, Official Tax No. 3250301, e parcel of loud bearing OfficI·l T·Z No, 3250302 ·nd u 0.5-aero'tract o! lend beefing OfflcJ·l T·x No, 3250303, be zoned under Section 130.05, General Counercl·l DIstrict - C-2, Instead or us proposed under Section 130.02. Duplex Residential District - RO. In this connection, Mr. Morner K. Sensb·ch, Director of City Planning, advised that the proposed ch·ages requested by Hr. Taylor have been made on the revised rani uup being drafted. Mr. E. Griffith Oodson, Jr., Attorney, representing Mr. Rurray E. Coulter, appearing before Co·nell requested that property located on the north side of Hlgblnnd Avenue, S. R., and the south side of Mountain Avon·e, S, M.. betneen Franklin Rand and Fourth Street, Block 18, Louis Addition, be zoned under Section 130.04, Office and Institutional District -'C-I, Hr. Coulter being the ouneF of Lots 8-10, part of Lot 12. Lots 13 nad 14, bearing Official Tax Nos. 1021412 - 1021414, nnd 1021416. nhich ore proposed to be zoned under Section 130.03, ~eneral Residence District - RG-2 end Lot 16, and · 124.8-acre tract of land. bearing Official Tax Nos. 1021418, 1021419 and 1021411 proposed to be zoned under Section 130.04, Office and Institutional - C~l, Mr. Coulter desiring the zonin9 os proposed if the request cannot be 9ranted. Mr. Millis R. Anderson. Attorney, representing Hr. R. C. Athins, appearing before Council requested that · 9.2-acre tract of l·nd located on the east side of Beenington Street, S. E.. south of Riverside Terrace, Official Tax No. 4350b05 presently zoned Light Industrial, be zoned under Section 130.09. Light Manufactur- ing District - LR. instead of as proposed under Section 130.02. Duplex Residential District - RD. On notion of Mr. Stellar, seconded by Hr. Pond and unanimously adopted, the public hearing was continued until 7:30 p.m., Aug·st 10. 1965, et the Health Center Auditorium. APPROVED 160 COUNCIL, EEGULAE MEETING, Mosdsy, July 19, 1965. The Council of the City of Rosuohe net in regular.seating in the Council Chsuber in the Municipal Building, Monday, July 19, 1965, et 2 p.u** lbs regulsr ueetiag hour, uith Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, James E. Jones, ROy R. Pollard, Sr., Clarence E. Pond, Murray A. Sloller. Vincent $. #heeler and Mayor Benton O. Dillard ................................. 7. ABSENT: None .................O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. James N. Klncanon City Attorney, and Mr. J. Robert Thomas. City Auditor. INVOCATIGt~: The meetiu9 was opened ~ith a prayer by the Reverend J. L. Uaddex, Pastor, Villa Heights Baptist Church. MIN O'fES: Copy Of the minutes of,the regular meeting held on Monday, June 28, 1965, having been furnished each member of Council, on motion of Mr. Broiler, seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed with and the minutes approved us recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND PLATGROUNDS-GARBAGE REMOYAL: Pursuant to notice of advertisement for bids on the installation of (1) a concrete buffer mall and (2) a steel dumping iplate in connection with the modification of the storage pit at the City Incinerator said proposals to be received by the City Clerk until 1:30 p.m., Monday, July 1965, and to be opened at 2:00 p,m., before Council, Mayor Uillzrd 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 read the following bids: ~,idder Proposal No. ,t Proposal No. Days Construction Company, Incorporated $ 6,400 $3,600 Frye Building Company 8,735 4,434 Matts and Breakell, ' Incorporated 9.4S0 4.900 S. Lewis Lionberger Company 12.222 3.380 Mr. Si.Ilar moved that the bids be referred ton committee to be appointed by the Mayor for tabulation, report and recommendation to Council. the City Attorney Pond. Roy R. Pollard. Sr., and Benton O. Dillard as members Of the committee. PARKS AND PLAYUROUNDS: Pursuant to notice of advertisement for bids On at Golden Park. said proposals to be received by the City Clerk until 1:30 p.m.. Monday, July 19, 1956, and to be opened at 2 p.m.. before Council, Mayor Dillard 161 naked If nnyooe had nay questions about the advertisement, nnd no representative present raising nny question, the Mayor lnstrnctod the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the rationing bids: Bidder Golden Park Shrine Hill Pa rh John A. Hall & Company. Incorporated iB.0?2.e0 $7,161.60 Adams Construction Company 6028.59 8,439.94 Mr. Stoller moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendationto Council, the City Attorney to prepare the proper measure in accordance mith the recommendation of the committee The notion mas seconded by Mr. Pond and unanimously adopted. Mayor Dillard appointed Messrs. Clarence £, Pond. Chairman, Robert A. Garland and Vincent S. Rheeler as members of the committee. BUDGET-LIBRARIES: Council at its meeting on May 10, 1965, having been advised by the City Manager that the State Library Board has approved a federal grant of $42.040 for the construction of the proposed hem Raleigh Court Branch Library if $63,060 in local funds is provided, and having referred the matter to 1965-66 budget study, Mrs. Mllliam A. Tingle, President of the Raleigh Court Elementary Parent-Teacher Association. appeared before the body. advising it is her understanding funds for the project mere not included in the 1965-66 budget and urging that Council adhere to promises made in prior Ordinances on uhich the federal grant mas based. In this connection, the City Manager submitted a mritten report transmittin the folloming communication from Mr. Randolph W. Church, State Librarian, advising that if actual construction on the Raleigh Court Branch Library fs not begun by October 26. 1965. the federal grunt will be lost: 'July 12, 1965 Mr. Arthur S. Owens City Manager Roanoke, Virginia Dear Mr. Omens: It is my understanding that the City Council of Roanoke has deleted from their 196S-66 Capitol Budget appropriations for the construction of the Raleigh Court Branch Library. On April 26, 1965, the State Library Board approved a federal ; grant in the amount of $42,040 for aid in the construction of this 'faCility, giving full faith and credit to Ordinance-No. 16277 and No. 16326 passed by City Council on February 15, 1965, and March 15, 1965. The action of our Board mas duly reported to federal authorities mhD have encumbered funds for this purpose, charging them against the total State great for 1964-65. with a first payment due us on November 1, 1965. Under the contract between the State Library and the City of Roanoke. duly executed by your office, it mas agreed (Item X. C) that actual construction would begin not later than six months after our approval (i.e. October 26. 1965). It is most important that the State Library Board be advised as promptly as possible as to the intent of your office and Council 162 es to the completion of tkls project. Federel grants to ga gust be expended in n renaoneble period of lime and soy not be carried forusrd from one fiscal year to nnothnr unless construction Is begun promptly and obligations ore established. If your Council fails to authorize completion of this project, the federal grant will be lost to the Stale, and It not be possible to recover it. thus resulting In a penalty to the State ns n whole. Sincerely yours, S/ RandolpA M. Church Rondo]pA ~. Church State Librarian' After e discussion Of the matter, Hr. Garland moved that the City Attorney be directed to prepare the proper measures advising the ¥irginia State Library Board that the City of Roanoke intends to commence construction on the proposed new Raleigh Court Branch Library on or before October 26. 1965. and appropriating the total amount of $105,100 to the 1965-66 budget of uhich $42,040 ia to be reimbursed by the [edernl grant. The motion mas seconded by Mr. Stoller and adopted, Mr. Mheele voting no. Mr. Mheeler then moved that the City Manager and the Raleigh Court Branch Library Committee be directed to have Randolph Frantz and Associates. Architects for the Branch Library, proceed with the preparation of plans for the project. The motion uss seconded by Mr. Staffer and unanimously adopted. FETITI~S A~D COMM~ICATIONS: STREET LIGHTS: A communication from the Appalachian Pomer Company, trans- mitting allst Of street lights which were Installed and/or removed during the month of June. 1965, mas before Council. On motion of Mr. Stoller, seconded by Mr. Pollard and unanimoosly adopted. the communication uss filed. AIRPORT: A communication from Mayor Beverly Briley, Nashville, Tennessee, advising that Piedmont Aviation, Incorporated. has filed an application math the Civil Aeronautics Board for an amendment of its Certificate of Public Convenience and Necessity for Route 87 to extend the western terminal Of said route from Knoxvlll Nashville, that the City of Nashville has filed a motion with the CAB to expedite the application, that since the extension Of the mestern terminal Mould offer sub- stantial improvements to both Boanoke and Nashville it uould be very helpful if the City of Roanoke mould file a motion to intervene and also furnish the Civil Aerou~uti, Board supporting ansuers to the motion filed by Nashville and soliciting the assist- Of Roanoke in this respect, Nas before Council. Mr. Stoller moved that the City Attorney be directed to prepare the proper approving and supporting the application of Piedmont Aviation, Incorporated. The motion mas seconded by Mr. Pollard and unanimously adopted. STATE CORPORATION COMMISSIOn: A notice from the State Corporation Com- mission of a hearing held at 10:00 a.m., July 0. 19&5, in Richmond, Virginia, on an application of Tennessee Trailmays, Incorporated. for a correction of the taxes assessed ugeJnsk it pursuant to the provisions of Section 50-620 of The Code of Virginia by the State Corporation Commission for the year 1965. wes before Council, On motion of Hr. Stoller. secouded~by BF. Pollard end ueunJuously adopted. the notice was filed. PARKS ~qD PLAYGSOL~DSoSCHOOLS~ Conncll at frs leering on Februery 19. 1962, having adopted Resolution Ho. 14717, authorizing the Patrick Henry High School Boosters Club to coetribute the funds necessary for the completion of the truck. football and baseball fields and related locker and shoeer facilities and to proceed with the construction of such facilities ut aa cost to the city under the supervision of the Roanoke City School Board and the Department of Parks and Recreation and in accordance with the waster plan for Patrick Henry Bigh School, a communication from the School Board, advising thus there is an unpaid balance of $5,500 of u note wade by the Roosters Club ehich is a small part of the total expenditure mud~ ~y the Boosters Club on the athletic field and requesting that this amount be appropriated from the School Improvement Fund. was before Council. Mr. Stoller moved that Council concur in the request of the School Board and offered the following Resolution modifying Resolution No. 14717 to the extent of authorizing payment by the School Board of the $5,S00: (=16533) A RESOLUTI(~ modifyin9 certain provisions of Resolution No. 14717 relating to the contribution of funds necessary for the completion of certain facilities at the City's Patrick Henry High School. IFor full text of Reuolution, see Resolution Book No. 2R. page 289.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, Stoller, Mheeler and Mayor Dillard ................................ 7. NAYS: None ..................O. Mr. Wheeler then offered the followin9 emergency Ordinance appropriatJn9 the $5,500: (m16534) AH ORDINANCE to amend and reordain Section ~12000, *Schools- Improvements and Betterments," of the 1965-66 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance. see Ordinance Book No. 28. page 2qO.) Mr. Mheeler moved the adoption of the Ordinance. The motion nas seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... NAYS: Hone ..................O. BUDGET-SCHOOLS: Council having previously approved the participation of the City of Roanoke in certain programs under the Economic Opportunity Act of lqb4, and having approved an application by the Roanoke Public School System for the initiation of a hJudergurten program, a communication from the Roanoke City School 163 164 Board. requesting un approprietion of $110.912 for Project Heud Slurs mhlch will be reimbursed Iron federul funds, was before the body. Hr. St,lief waved that Council concur in the recowaendation of the Roanoke City School Board and offered the f, il,ming eaergency Ovdieunce: (~16535) AN ORDIMANCE to amend end r,ordain Section u25000. 'Schools ~ ProJect Heudsturt.' of the 196S-66 Appropriation Ordinance. and providing for un emergency. (For full text of Ordinance. see Ordinance Book ~o. 28. page 291.) Mr. Stofler moved the adoption of the Ordinance. The m,lion mas seconded by Yr. Wheeler and adopted by the f,Il,ming vote: AYES: Wessrs. Garland. Jones. Pollard. Pond. St,liar. Wheeler and Mayor Dillard .......................... 7. NAYS: None .................. O. BUDGET-SCHOOLS: A coilanfcatfon fro~ the Roanoke CJt~ School Board, transnltting the f,Il,ming Resolution relatin9 to the establishment and operation of an educational television pr,gram, was before Council: 'HREREAS. upon studies made by u colmittee of She Roanoke City School Board and by said School Board of the benefits to be obtained by the school children and inhabitants of the City of Roanoke and of surrounding areas through the establishment of a public owned educational television station, this Board is of the opinion that such facility should be provided, to be o~erated in a manner provided by ~ 15. i-23 of the 1950 Code of ¥irginJu. os amended, and to be made available to other public SChool boards au, political subdivisions offering to participate and share in the cost of establishin9 and operating said facility;' In t~is connection. Messrs. Roy L. Webber, Chairmen, Jack B. Coulter. Samuel P. McNeil end William C. Pittman, representin9 the School Board, appeared before Council for a discussion of the matter. Also appearing was Mr. William W. Meredith, a member of the Governor's the lead. program. Hr. Pollard raised the question as to the overall cost of the proposed Hr. McNeil estimated that the total cost will be $?SO,OOO of mhlch the local share will be one-fourth. Mr. Pond, alanG with Mr. Jones, stated that he is not ullling to approve the program until more detailed information is furnished as to the cost thereof and how the money is going to be spent. Mr. Hebber replied that the reason for the request for an appropriation of $25.000 is to obtain this information. 165 ' M~.Stoiler stated that the city simply does ual have available funds to eppropriote the $25.000 and raised the question as to uhetber or sot the amount could be appropriated 'from the School Bond Account. Mr. Hobber replied that this mould be agreeable. Hr. Nheeler stated that he too uoald like to have more detailed information on the program and the total cost thereof. Mr. Nebber assured Council that ir the present request is granted the School Board mill submit the detailed information at a later date. Hayor Dillard objected to establishing a corporation to carry out the educational television program rather than the School Board. Hr. Hobber replied that under state low this is not possible. The matter having been discussed at length, Mr. Stoiler moved that Council concur in the request of the School Board and offered the folloning emergency (For full text of Ordinance,see Ordinance Book No. 2fl, page 291.) $25,000 from the School Bond Account: Dillard .......................................... 6. NAYS: Mr. Pond ........................1. 166 uasoiuous oplalon that the approximately 300 employees of the school system mbo hove sisals beea classified smd paid according to the Pay Plan should be included iR the survey and should bore been a part or the original contract mfthout the additions cost of $1o500 to the city, sas before the body. Mr. Stoller moved that Council concur in the opinion of the School Board. The motion mos seconded by Mr. Pond mod unanimously adopted. BUUGET-SCHOOLS: A communication from the Roanoke City School Hoard, expressing its appreciation for the sympathetic considerntion and response to the 1965-66 budgetary request of the School Board, ~as before Council. On notion of Hr. Smaller, seconded by Hr. Pond and unanimously adopted, the COmmunication sas filed. PAY PLAN-POLICE DEPART#ENT: A communicatJoe from the Personnel Board, recommending that the six months' residency requirement for prospective city police- men be abolished, mas before Council. It being pointed out that the City Charter precludes the abolishing of this requiremeat, Mr. Mheeler moved that the City Younger be directed to discuss sith the Personnel Hoard the question of chsngin9 the rules and regulations of the Police Department with regard to age, height and weight requirements for prospective city policemen.. The motion was seconded by Mr. Smaller and unanimously adopted. aS applicable. S/ Jonas G. Eller Jonas G. Eller, Chairman Personnel Beard S/ R~lph K. Bowles Ralph E. Bowles, Vice Chairman S~ William A. Martin William A. Hartin Sf David S. Ferquson David S. Ferguson Personnel Director S! Jiuuie B. Layman Jimmie B. Layman S! James M. H~e~ Jr. James M. Roe. Jr.' Mr. Jones stated that it is his understanding the Personnel Board desires tO reconsider the above recommendations and uo~ed that action on the matter be :deferred until the regular meeting of Council on August 2, 1965. The motion mas seconded by Hr. Smaller and unanimously adopted. 167 LEGISLATION-PAH~S AND PLAYGROUNDS: The tollowiog commooicaliou ~rom Yr. James O. Trout uftb reference to securing funds for beautification of certain 'Roanoke, Virginia July 16. 196S To the City Council The Honorable Senator Fitzgerald BeBiss, Chairuan of a endorsing Senator Beuiss' proposal, and, likeuise, to encourage S/ Jauea O. Trout 168 I believe Council is f·lly aesre of the critical space st the l·odfill, and them ee must tike every step possible to protect and fully utilize shot space me hive there. II. Seoer TaooJlo Mlchlne. ~2,000,00 (Seuer and Grai· Co·structio·--Account 141-79) This machine is one or the true monders I. aeuer mark thio bas come along in .any ye·rs. It sill enable our people to make · better ·ad quicker semer tap tho· the prese·t method nos employed. This means less labor and more efficie·cy in this operation. With the amount of semer oork me ore called upon to do, I feel that this is an item that should be purchased and used uae rather tha· to maim until after January 1. After a discussion of the matter, Mr. Stiller moved that Council concur in the recommendation of the City Manager and that he be authorized to proceed mith the purchase of the brush chipper. The motion was seconded by Mr. Pond and unani- mously adopted. Mr. Garland then moved that Council concur in the recommendation of the City Manager and that he be authorized to proceed mith the purchase Of the sewer tappin9 machine. The motion was seconded by Mr. Pollard and adopted. Messrs. Jones and Stoller voting no. BUDGET-PAY PLAN: The City Manager submitted the folloming report recou- meudin9 that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: *Roanoke, Virginia July 19. 1965 To the City Council Roanoke, Virginia Gentlemen: The follouin9 employees are needed for the efficient opera- tion Of the City: Garage - Laborer, Group 10 Auto Mechanic, Group 4 Engineering - I Rodman. Group 14 Sanitation Department - ] Clerk-Dispatcher. Group 14 Respectfully submitted, S/ Arthur S. Owens City Manager# Mr. Stoller moved that Uouncil 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. WATER DEPARTMENT: The City Manager submitted u written report, recommend: that be be authorized to enter into an agreement with the U. S. Geological Survey for continued cooperative operation of the stream gaging stations on Tinker Creek and Catauha Creek for the fiscal year ending June 30, 1966, at a cost of $1.200 to the city as compared with $I,000 under the present contract. 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 mas seconded by Mr. Wheeler and unanimously adopted. MATER DEPABTMENT: Council nt its meeting on June 28, 1963, having authorized the Meter Deportmeot to sell water to the Sumoerdenn Mater Coopnny on n temporary basis for a period sot to exceed sixty days, the City Munnger submitted n uritten report, advising that the Sumuerdeun Mater Coupnny has been unable to develop additional sources of supply to meet its needs, thereforeo the Mater Deportment has continued to Furnish water to the company periodically, and recom- mended that permission be granted to continue this service until the.shortage has been alleviated. Hr. 5toller 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 MFs Pollard and unanimously adopted. APPOINTMENTS-MATER DEPARTMENT: The City Banager submitted a verbal report advising that Mr. J. A. Brogan, Manager of the Mater Department. is Ill and that he has appointed Mr. Thomas K. Dunn as Acting Manager of the later Department during the absence of Mr. Brogan. Mr. Stoller moved that Council approve the action of the City Manager. The motion was seconded by Mr. Mheeler and unanimously adopted. STATE flXGHWAYS: The City Manager submitted the following report with reference to the acquisition of four parcels of land and certain construction easements needed in connection with the improvement of Virginia State Route 24, and the acquisition of three residue parcels of land needed for other public purposes: WRoanohe, Virginia July 19, 1965 To the City Council Roanoke, Virginia Gentlemen: In the development of Route 24, we have secured signed options for the following parcels of land: Parcel No. 012, Owner. Nellie F. Andrews, et al. 610 Sixth Street, S. E. Value of Tahe (approved appraisal) $3,100.00 Value of Residue 10.00 Parcel No. 052, Owner, Millard J. and Louise Martin Rierson 403 Elm Avenue, S, Value of Take (approved appraisal) $3,368.00 Parcel No. 027, Owuer,~ James H. and Maggie E. Sledd 711 Sixth Street, Value of Take (approved appraisal) $2,904'00 Value of Residue 96.00 Parcel No. 062, Owner, Mrs. Mildred Martin Mnndy, widow, sole heir of B, E. Willis, deceased 325 Elm Avenue. S. Value of Take (approved appraisal) $5,037.00 Value of Residue Parcel No. 016. Owner, Trustees of Roanoke Intern. Church of Four-square Gospel 612 Bullitt Avenue, 5. E. $ 300.00 Parcel No. 051, Owner, Samuel E. Martin 405 Elm Avenue, 5. E. $ 376,00 Respectfully submitted, S/ Arthur S. Owens CiOI Manager" 169 I70 Hr, Pgllard.moved that Council concur in the verbal recommendallon of the Clt~ Manager that the offers be accepted end offered the folloming emergency Ordinance: (s16539) AN ORDINANCE authorizing the acquisition of four (4) parcels of land and certain construction.easements needed for the Cityts State Route No, 24 ProJect, and the acquisition of three (3) residue parcels of laud needed for other public purposes, upon certain terms and conditions; and providing for an emergency, (For full text of Ordinance, see Ordinance Rook No, 28, page 293.) Mr, Pollard moved the adoption of the Ordinance, The motion was seconded by Mr. Stoller and adopted by the follomlng vote: AYKS: Ressrs, Garland, Jones, Pollard, pond, Stoller, hheeler and Mayor Dillard .......................... NAYS: None ..................O, STATE HIGHWAYS: Council having previously authorized the acquisition of a parcel of land and construction easement needed in connection with the Improvement of Virginia State Route 24 from Laverniu R, Lee and Sheen Lee for the sum of $4,035, the City Manager submitted a written report, advising that the owners have refused the offer, and recommended that he be authorized to submit another offer In the amount of $4o435, plus $65 for the residue of said parcel of land for other public 'purposes. Mr. Stoller moved that Council concur ia the recommendation of the City Manager and offered the following emergency Ordinance: (e16540) A~ ORDINANCE authorizing and directing the acquisition of a certain parcel of land and a certain temporary coustrnction easement necessary for the improvement and construction of State Route No. 24, in the City and, to that extent, modifying Ordinance No. 16472 relating to the same property; authorizing the purchase of the residue of said property for other public purposes; authorizing the City Manager to make to the owners thereof an offer for the Clty*s porchase of said properties;' providing for the acquisition of that property and easement needed for State Route No. 24, by condemnation, under certain circumstances, and for a righl of entry thereon; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 29. page 295.) Mr. Stellar moved the adoption Of the Ordinance. The motion was seconded by Mr, Pollard and adopted by the following rote: AVES: Mess~s. Garland, Jones, Pollard, Pond, Stellar, Wheeler and Mayor Dillard .................... ~ ..... ?. NAYS: None .................. O, TAXES: The City Manager submitted a written report, advising that the Administrators of Roanoke Valley have agreed to present to their respective governin bodies identical Resolutions petitioning the General Assembly of the Commonwealth of Virginia to enact such legislation as is required to enable all of the political subdivisto'ns, including the counties, of the Commonwealth of Virginia to enact a locol retail s~ules and use tcx should the local governing bodies deem It upproprSute or lecessur! to ensct snob 8 tCXo After u discussion or the mutter, Council being of the opinion that the Resolution should smuts the tax Is one or the most "suitable" means of providing ret°ames fast°sd or uslag the merd "equitable," Mr. Smeller moved that the Oily Attorney be directed to prepare the proper measure. Tbs motion was seconded by Mr° Rheelev end unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Manager rot study report and recommendation the request or three citize*s that an alley running parallel to Yellom Mountain Road. $. E,. b~tmeeu Spvingvale Street and Bear Street, be opened and repaired, the City Manager submitted a written report, transmitting o petition signed by six residents fn the area opposing the opening of the alley. and recommended that the alley remain Jn the status quo. Hr. Mb°cleF moved that Council concur In the recommendation or the City Homager. The motion mas seconded by Mr. Pollard. In this connection, Mr. O. D, Blchols appeared before Council, advising that the residents opposing the opening of the alley do not live adjacent to said alley as he does, and requested that since the alley is being used for a dump It at least be cleaned up, Mr, Jones offered a substitute motion that the matter be referred back to the City ~anager to have the alle~ cleaued up. Tbs motion was seconded by Mr. Mba°let and unanimously adopted. STREETS AND ALLEYS-SIDEWALK, CURB AND GUTTER: Council having received an offer Of the Appalachian Power Company to donate to the City of Roanoke Strips Of land on the north side of Day Avenue, the east side of FiFst Street and the south side of Bullitt Avenue,' S. M., In exchange for the Installation of sidewalk, curb and gutter, a retaining wall along First Street and street paving, and having referred the matter bach to the City Manager for an estimate of the cost of said street improvements, the City Manager submitted a written report, advising that the estimated cost of the street improvements is ~13,425. Mr. Mheeler moved that the City Manager be directed to proceed with advertising for bids on the street Improvements. The motion was seconded by Mr. Pollard and adopted, MF, Jones not voting. Hr. Mheeler then moved that the City Attorney be directed to prepare the proper measure accepting the offer. Tbs motion nas seconded by Mr. Smeller and adopted, Mr. Jones not voting, STATE HIGH~AY$-PARES AND PLAYGROUBDS: Council having referred the request of Messrs. Charles E. Kepley and C. B. Long that South Jefferson Street be extended through Fern Park to connect mlth the Blue Ridge Parkway Spur to the Clt~ Attorney for an opinion as to whether or not tbs city can legally extend the street, the City Attorney submitted the following opinion: 17-.l =July 9, 1965 To the Honorable Mayor sad #embers of the City Coaacil Gentlemen: At a recent meeting of the City Council amd stemming from a request made to the Council that South Jefferson Street be extended, soathmsrd, through Fern Park so ms to connect with the Blue Ridge Parkway Spur Rondo the matter mas referred to this office for am opinion as to the City's legal position with regard to said request, ! sm of opinion that the question can be best summered by reference to the covenants and agreements undertaken by the City at the time of its acquisition of the property through which the proposed extension of South Jefferson Street would be made, By a deed dated January IS, 1943, the late Junius B, Fishburn and his wife conveyed to the City of Roanoke the 9.06-acre tract of laud sometimes ha,mn as Fern Park but referred to in the deed as *Wildwood Parh** which deed contains the full,ming recitals. the underscoring, however, being my own: THAT, RBRR£A$, the Grantors desire to and have offered to give and convey unto the Grantee the real estate hereinafter described and conveyed to be by the Grantee preserved, lmnroved and maintained for the use and pleasure of the people of the City of Roan,he, Virqlnia, and vicinity, as in this deed mope particularly set forth; and ~HER£AS, the Council for the City of Roanoke. Virginia, has, by appropriate resolution, accepted the offer of the Grantors to so give and convey the property hereinafter described and to accept conveyance thereof from the Grantors upon the terms and conditions hereinafter set forth. Oma of the covenants contained in the deed and mhich the City agreed to carry out and fulfill, as evidenced by the City's signature to the deed by its then Hay,r, is as follows: The said real estate is given and conveyed to the Grantee for public use and shall be by the Grantee developed and forever preserved, improved and maintained for the use and pleasure of the people of the City of Roanoke, Virqinia, and vicinity as a public park and shall be known as 'Hildwood Park.' By Resolution Wo. 7499. adopted on January 16, 1943, the City Council accepted the above-mentioned conveyance upon the conditions set out in the aforesaid deed and authorized the proper City officers to Join in the execution of the deed on behalf of the City. As will be seen from the foregoing, the express purpose and intent of the City°s benefactor in conveying the land in question to the City was to provide land for a public park for the use and pleasure of the people of the City and vicinity. For more than twenty years that use has been applied to the land by the City. If, in order to make the land more useable for public park purposes, a portion of it is needed to be used for access purposes, doubtless such other but accessory use would not, In my opinion, do violence to the purposes and intent spelled out- in the deed. However, if such use of the land or a part of i~ not reasonably necessary for its basic purpose as a public park, ! am of opinion that such other use would be beyond the intent stated in the deed and in Council's resolution accepting the conveyance. Assuming, then, that the present requested use of a part Of the park laud is in nowise related to the preservation, improve- ment or maintenance of the main part of the land for the use and pleasure of the people of the City of Roanoke and vicinity as a public park bat, instead, relates solely to a change or extension of the Cltyts street system. I am of opinion that the request to the Council Is contrary to the City's commitments to its donor. Respectfully, S/ J. N. Kincanon City Attorney* Is this connection, Mr, Charles E, Kepley appeared before Council and protested that when be donated land tv the city for .street purposes some years ago he wes promised that South Jefferson Street would be extended, After i further discussion of the mutter, Mr, Stoller moved that Council concur in the opinion of the City Attorney, The notion mas seconded by Mr, Pond and adopted, Mayor Dillard voting no, STREET~ AND ALL~V~: Council having referred to the City Planning Cam- mission for study, report and recommendation the request of abutting landomsers that u portion of Roy Drive, S. M** running parallel to Southern Rills Drive, east of Griffen Road, located within the limits of the City of Roanoke and that portion of au unnamed street between Rlochs I and 2, Southern Rills (now a portion o! Lot 7, Biec~ i, Edgebill £statea), he vacated, discontinued and clmsed, the City Planning Commission submitted a written report, recoumeuding that the request be granted. Mr, Stellar moved that a public hearing on the matter be held at T:30 p.a., September ?, 1965. The motion was seconded by Mr. ~heeler and unanimously adopted, STREETS AND ALL~yS: Council having referred to the City Planning Commis- sion for study, report and recommendation the request of the Roanoke Life Saving and First Aid Crew. Incorporated, that a lO-foot wide alley extending 5S feet betmeen Lots I and 2, O~iclal Tax Nn. 1030RO1, and Lot 3. Official Tax No, 1020203, to a parcel of land. designated as Off~cial Tax No. 1020202, Block 10, Lewis Addition. be vacated, discontinued and closed, the City Planning Commission submitted a written report, recommending that the request be granted. There being some question as to whether or nat the above alley is actually a public alley. Mr. Stellar moved that the matter be referred to the City Attorney to confer with the attorneys for the Roanoke Life Saving and First Aid Crew. Incorporated. as to the proper procedure to be followed to accomplish the request of the petitioner. The motion was seconded by Mr. Pond and unanimously adopted. REPORTS OF COMMIT~E~: SCROOLS: Council having referred to a committee composed of Hessrs. James E, Jones, Chairman, Clarence E. Pond and Hurray A~ Stellar the request of Virginia Polytechnic Institute that the City of,Roanoke convey to Virginia Polytechn: Institute the remaining tract of city-owned land. consisting of approximately 17 acres, located on the south.side of Colonial Avenue, S, ~., adjacent to the Roanoke Technical Institute, for future expansion of R, T. I** to determine the location of the t~ct of land proposed to be conveyed to V. P, I., the committee submitted the ,following report: Members of Ro~uoke City Council Gentlemen: As requested by your committee, we reviewed the proposed property to be conveyed to the Virginia Polytechnic Institute for the *Roanoke, Virginia , July 19, 1965 173 174 expansion o! the Roanoke facll, lty, Ia view or the fact that the Planning Commission has recommended to t~e Council that this land be conveyed, the Committee coeca£s ia this recom- mendation with the following exceptioes~ 1, Tha~ the fifteen-foot set bach for the future widening or c~lonial Avenue be retained, 2. That the Engineering Department in cooperation with the Virginia Polytechnic Institute determine the location o! two storm drain easements which will be necessary to properly drain Colonial Avenue, said drains to tie in with existing drains presently installed under the Norfolk and Western right or way, 3. That the house presently located on this property be retained by the City until such time as Virginia Polytechnic Institute is ready to start construction. on this site, at which time the occupants of the property shall receive 30-days notice to move. the City to retain the re'tat fees paid by the occupants a,atil such tine constructS.on notice is. received. 4. Your Chairman not having a copy of the Ordinance conveying this property to the Virginia Polytechnic Institute recommends that the City he protected by a performance clause in this Ordinance similar to the same conditions as exist between the Cityof Roanohe and the University of Virginia, 5. That the ounership of the furnishings in the present Jerome Matt School be determined and properly disposed of. S/ Clarence Ey Pond Clarence E, Pond S/ MurraF A? Stoller Murray A, Stoller 5/ Janes E, Jones James Eo Jones, Chairman* , Mr. Jones moved that Conncil concur in the recommendations of the committe~ and that the report of said committee be referred to the City Attorney for his information in preparing the proper measure conveying the tract of land to Virginia Polytechnic Institute. The motion was seconded by Mr° hbeeler and unanimously adopted. UNFINISHED BUSINEbS: ~ON~. CONSIDERATION OF CLAIM~: INTRODUCTION AND CONbIDERATXON OF ORDINANCe5 AND R~SuLUTIONS: $~RR~TS AND ALL~YS: Ordinance No. 16520, vacating, discontinuing and closing portions of Helleview Avenue, Lake Street and Hamilton Terrace, adjacent to and/or in front of Roanoke Memorial Hospital, having previou~ly been before Conncil for lts first reading, read and laid over, was again before the.body, Mr. Stoller offering the follo~ing for its second reading and final adoptionz (m16520) AN ORDINANCE Vacating, discontinuing and closing the portions of Believtew Avenue, 5. E** Lake Street. 5. E** and Hamilton Terrace, $. R** Ronno~e Virginia, as are co~tatned in the following described boundary, to wit: (For full'text of Ordinance, sen Ordinance Hook ~o. 29. page Mr° Stoller moved the adoptlon of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vute: AYES: Messrs. Garland, J,Ben, Follerd. Pond, Stoller, Mheeler nad Muyor Dillard .......................... NAYS: None ..................O, PARKS AND PLAYGROUNDS: Ordinance No. 16924. amending Section 3. Chapter 6, Title VIII. of The Code of the City or Roanoke. 1956. relating to the trees, flowers and shrubbery of the City of Roeno~e. having previously been before Council for its first reading, read and laid over. was again before the body. Mr. St,lieF offering the f,il,wing rot Its second reading and final adoption: (~16524) AN ORDINANC£ amending Section 3t Chspter 6. Title VIII of The Code of the City or R,eD,he. 1956. relating to the Cityes trees, flowers and shrubbery, by providing certain penalties for certain injury to any or the same and providing, further, procedures for the pruning, trimming or removal of City-owned trees and issuance of permits therefor by the Department of Parks and Recreation. (For rail text of Ordinance. see Ordinance Book No. 20. page 290.) Mr. St,liar moved the adoption of the Ordinance. The motion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. St,liar. Wheeler and Mayor Dillard ................................ 7. NAYS: None ..................0. SALE OF PROPERTY: Ordinance No. 16528. providing for the sale of property located on the southeast corner or Campbell Avenue and Thirteenth Street. $. described as Lots 16. 17 and-18. Block 14. East Side Land Company. Official Tax Nos. 4110801. 4110902 and 4110~03. to the Safety Motor Transit Company for the sum of $1.000 cash. havin9 previously been before Council for its first reading, read and laid over. was again before the body. Mr. Pollard offering the f,Il,ming for its second reading and final adoption: (m16528) AN ORDINANCE accepting an offer of Safety Rotor Transit Company to purchase Lots 16, 17 and 18, Block 14, according to the map of East Side Land Company, for $1,000.00, cash; and authoriztngconveyance of said property to be made to said purchaser. (For full text of Ordinance..see Ordinance Book No. RS. page 209o) Mr. Pollard moved the ad,pti,nor the Ordinance. The motion #as seconded by Mr. St,liar and adopted by the followiog vote: AYES: Messrs. Garland. Jones. Pollard. Pond. St,liar. Wheeler and Mayor Dillard .......................... 7. NAYS: None ..................O. PURCHASE OF PROPERTY-PARK5 AND PLAYGROUNDS: Conncll having directed the City Attorney to prepare the proper measure repealing Ordinance No. 16292. authorizi] and direct~g the Elty Manager to acquire'or attempt to acquire from Messrs. Barman and 5. Albert Trompeter approximately 4.5 acres of land in and on the north side of Roanoke Slyer for a sum not to exceed $7.000. in connection with.the extension of Miley Drive along Roanoke River. he presented same; whereupon~ Mr. Wheeler offered the following emergency Ordinance: '175 176 (w16541) .AN ORDIN~.NCE repenlieg ~rdlnsnce No, 16292, relating to the acquisition of epproxlwately 4,5 acres of land in and on the north side of Roaeoke River; and providing for an emergency, .(For full ,text of Ordinance, see Ordinance Book No. 28, page 29?°) Mr, Wheeler moved the adoption of the Ordinance, The motion wes seconded by Iro Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ......................... ?. NATS: None ..........~ ....... O, BUDGET-PAY PLAN-SEWERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to employ an Office Assistant for the Sewage Treatment Plant, he presented sane; whereupon, Mr, Pollard offered the following Resolution: (~16542) A RESOLUTION authorizing the City Manager to employ certain personnel. (FoP full text of Resolution, see Resolution Boob No. 28, page 298,) Yr, Pollard moved the adoption of the Resolution, The motion was seconded iby Mr. Jones and adopled by lhe following vole; AYES: Messrs, Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ................................... 7. N~YS: None ...........................O. AIRPORT:. Council having directed the City. Attorney to prepare the proper maasure authorizing the release to Frye Building Company of funds now being held. on Project 14 at Roanoke (Municipal) Noodrum Airport. with the exception of $500, he presented same; whereupon, Mr. Stoller offered the following Resolution: (~16543) A RESOLUTION relating to the payment of certain funds due under the Glty*s contract with Frye Building Company fop construction of a coocrete apron *avement Jn the vicinity of the Administration Building at Roanoke Municipal Airport. (For full text of Resolution. see Resolution Book No. 28. page 299°) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the following vote:. AYES: Messrs. Garland, Jones, Pollard, Pond, 5toller, Wheeler and Mayor Dillard ...................... ~ ............ 7. NAYS; None ........~ .................. O. PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure authorizing the assignment of the lease dated June 15, 1964t o£ the premises known as Rockledge Inn, on Mill Mountain. from Roanoke S~mmer Theatre, Iqcorporated, to Mill Mountain Playhouse Company, he presented same; whereupon, Mr. Stoller offered the following Resolution: (~16544) A RESOLUTION authorizing the assignment of the City*s lease dated June 15, 1964, of the premises known as Rockledge Inn, on Mill Mountain, from Roanoke Summer Tbeatreq Incorporated,' to Mill Mountain Playhouse Company. (For full text of Resolution, see Resolution Book No. 28, page 300.) mr. Stellar moved the adoption of the Resolution. The motion wes seconded by Mr. Pond ond adopted by the following vote: AYES: Hessrs. Garland. Jones. Pollard. Pond. St,lief. Rheeler Dad Mayor Dillard ........... ~ .......... NAYS: None ..................O, STATK HIGmmAYS: Council having directed the City Attorney to prepare the proper measure requesting the Virginia Department of Highways to ~andscepe and beautify the approaches on major highways leading into the City of moanoke, he presented same; whereupon, mr. Stoller offered the following Resolution: (~16545) A RESOLUTION making certain recommendations to the Department of Highways with respect to certain highway landscaping and beautification. (For full text of Resolution, see Resolution Book NO. 28, page 300.} mr, Stoller moved the adoption of the Resolution, The motion was seconded by Mr, Garland and adopted by the following vote: AYES: Messr$. Garland. Jones. Pollard, Pond. Stoller, Wheeler and Rayor Dillard .......................... 7. NAYS: None ..................O. COUNCIL: Council hav~g dh~cted the City Attorney ~ pr~are the proper measure canceling its regular meeting on July 26. 1965. he presented same; ~hereupon. Mr. Stoller offered the following ~uer~ency Gr~inance: (~16546) AN ORHINAN~ relating to the regular mGetlngs of the City CooncIl to he held during the month of July, lg65; modifying to the extent provided in this ordinance Rule I of Sec. 2, Chapter 4, Title II, of the Code of the City of Roanoke, 1956. as amended, relating to The Councill and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 301,) mro Stoller moved the adoption of the'Ordinance. ~he motion was seconded by Mr, Pollard and adopted by the following vote! AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller. Wheeler and Mayor Dillard .......................... NAYS: None ..................O, MOTIONS AND MISCELLANEOUS BUSINESS: PENSIONS: Council at its meeting on Ray 10, 1965 having directed the City Auditor to furnish an estimate of the operating'expenses of theEmployees* Retirement System of the City of Roanoke with a view of changing the present policy of absorbing the amount and charging sane to the ,mployees* .etirement ~ystem, Mr. Stoller read the following statement: "July 19, 1965. Honorable mayor and Fellow members of mac,aka City Cooncil, Gentlemen: During our budget study sessions ft was agreed that the employees retirement system should bear its own expenses, This would help the general fund of the City In the amount of approximately $10,000 per year. 178 Tke City Auditor bus brOlgkt to my ntteatioo tkot Sab-sectioa 6 of Title 3, Chapter 1, Section O provides for appropriation of the expenses necessary in connection mith the administration aid operation of the system (kept in an account set up by Sub- section 5.) Accordingly, I move thus the City Attorney prepare the necessary ordinance to amend Title 3~ Chapter 1, Section 8, Sob-sections (6) sad (S) to provide that the system shall pay Its oma admin- Istration sad operating expeoses~ Otherwise, me mould have to appropriate $10.000 now for this purpose. Justification for this amendment: la Its Infancy, the fund may , have required some assistance. It has a good income eom and should bear its own expenses. iespectfally, S/ Hurray A. 5toiler The motion mas seconded by Mr. Janes ned unanimously adopted. RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Council having amarded a contract for the construction of the Eureka Park Recreation Center to HartJn Brothers Contvactors, Incorporated. Hr. Jones, Chairman of the Eureka Park Eecreatio Center Committee, stated that the committee is of the opinion the body should authorize the extension of mater, semeF and storm drain facilities to the site at this time and moved that the City #manger be directed to proceed with the extension of mater service to the site of the proposed Eureka Park Recreation Center at an estimated cost of $1,006, the construction of a storm drain at an estimated cost of $1,040 and the Installation of a sanitary namer at ac estimated cost of $560. The ~I~NSIOM5: The City Clerk reported that Br. Arthur M. Matthews has quail- fled as a member of the Board of Trustees of the Employees* Retirement System for a term of four years beginning July l, 1965. the report mas filed. On motion of Mr. Jones. seconded by Hr. Pollard and unanimously adopted, the meeting mas adjourned. APPRO¥£D ATTEST: COUNCIL. REGULAR MEETING. Monday. August 2. 1965. The Council of the City of Roanoke met in regular meeting in the Council Chamber ia the Municipal Ouilding, Monday, August 2, 1965, nt 7:30 p,m** mith Mayor Dillard presiding. PRESENT: Councilmen Robert A, Garland, James E, Jones, Clarence E, Pond, Murray A, Stoller, Vincent S, Mbeeler nnd Mayor Benton O. Dillard ................ ABSENT: Councilman Roy R. Pollard. St.- .............~ ................. 1. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. James N. Elncanon. City Attorney. and Mr. J. Robert Thomas~ City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend E. Thom; Murphy. Jr** Associate Pastor. Greene Memorial Methodist Church. MINUTES~ Copy of the minutes of the regular meeting held on Tuesday. July 6b 1965. having been furnished each member Of Council. on motion of Mr. St,lieF seconded by Mr. Pond 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 7:30 Mondays August '2. '1965. on the request of the Roanoke Nehi Bottling Corporation that property located on the south side of M~lrose Avenue. N. M.. between Thirty-fifth Street and Thirty-first'Street. described as Lot 5'and part of lots 6. ? and Tract B. Markley Rap. Official Tax Nos. 2660414. 2660413. 2660412 and 266041'1. be fez,ned from Business District to Light Industrial District. the matter was before th'e body. In this connection, the following communication from the City Planning Commission. recommending t'hat the request be denied, was before Co'until: *June 22. 1965 The Bun,ruble Benton O. Dillard. Mayor and Members of City Council Roanoke, Virginia Gentlemen: During its regular meeting of June 16. 1965 the City Plannin~g Commission considered the request of Roanoke Nehi Bottling Corporation for fez, ming of their property located on the south side of Melrose Avenue between 35th and 36th ~treets, Official Tax Nos. 2660411 - 2660414, inclusively from Business District ~o Light Industrial District. Arguments mere presented by the attorney for the petitioners that the operation of a bottling plant would be compatible with the type cf commercial uses which have developed on Melrose Avenue. Claim was made that light industrial use would not be detrimental to the business activities on BelroseAvenue nor~ to the Fairvtew Cemetery which is located adjacent to the subject property. Upon~discussing the feasibility of this request and having duly made field 'inspection. the Planning Commission concluded that fez, ming of the subject proper~y to light iud,atrial use would constitute spot zoning, since the parcel is located within a commercial zone and adjacent to a residential zone. The Cltyts land use plan does not propose any light industrial activities in this area and no unusual circumstances exist which would warrant a change in zone districts for this area. 179 180 The Planning Commission. therefore, reconmemds to City Council that this request be denied. Sincerely yours. $! Merrier [. Sensbnch #ereer [. Sensbnch Director of City Planning" Mi. Marl A. FitZpatriCk. Attorney. representing the Roanoke Nehl Bottling Corporation. appeared before Council in support o! the request of his client. Mr. ~itzpn~rlck statln~ that the entrance to the proposed new bottling plant will be from Melrose Avenue. but that it mill hardly be seen because the building will be a Iow one and hedge or shrubbery will be planted in the rear of the structure adjacent to the Fairvlem Cemetery, it also being the intention of the petitioner to seed the grounds around the building and plant shrubbery to make the property as beautiful and as attractive as possible. No one appearing in opposition to the proposed fez,ninE. Mr. Sa,lief moved that Council concur in the request for Fez,ninE and that the foil,ming Ordinance be placed upon Its first reading: (u16547) AN ORDINANCE to amend and reenact Title XV. Chapter 4. Section 1. of The Code of the City of Roanoke. 1g$6. in relation to Zoning. hBEREAS, application has been made to the Council of the City of Roanoke to have that property located on the south side of Melrose Avenue, N, Wo, between Thirty-fifth Street and Thirty-sixth Street. described as Lot 5 and part of Lots 60 7 and D. Tract B. Ma~kley Map. Official Tax Nos. 2660414. 2660413. 2660412 and 2660411. fez,ned from Business District to Light Industrial District; and RHERKAS. the City Planning Commission has recommended that the hereinafter described land not be rezoned from Business District to Light Industrial 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 2nd day of August, 1965, 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 fez, ming; and WHEREAS. this Council. after considering the evidence presented, is of the opinion that the hereinafter described land should be fez, ned. THER£FOR£, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the following particular and no other, viz,: Property located on the south side of Melrose Avenue. N. W., between Thirty-fifth Street and Thirty-sixth Street, described es Lot 5 and part of Lots 6, 181 7 and 8, Treci B, Mnrkley ~ep, designated on Skeet 266 cf the Zoning Dcp as Official Tax MOS, 2660414, 2660413, 2660412 eld 2660411, be, ~nd is hereby, changed from Boniness District to Light Irides,rial District and the Zoaicg Map shell be chnnged ia this respect. The motion wes seconded by Mr. Mheelnr and adopted by the foil,ming rote: AYES: Messrs. Garland, Jones, Pond. St,Il,r, Mheeler and Mayor Dillard ...................................... 6, MAYS: Hone ........................O. (Mr. Pollard absent) SCHOOLS-PARKS AND PLAYGROUNDS: Mr. Nlley E. Vought, representing tmenty-tmo residents of Fleming Avenue and Minsloe Drive, M. M,o appeared before Council, Dr. Vought adrisin9 that last year the grass was rem.red from the athletic field at Rreckinridge Junior High School. that the fence around the area was taken down, flood lights were installed and ball games initiated, as a result Of which the residents in the neighborhood have been plagued by dust, the shining of the flood lights into their eyes, noise, parking around their homes and litter on their lamas, Mr. Vacght requesting that the athletic field be restored to its original state. On notion of Hr. Garland, seconded by Mr. Mb. CleF and unanimously adopted. the matter was referred to the City Manager for investigation, report and recom- mendation to Council. ~F. TITIOM$ AMD COMR~MICATIO~S: STREET LIGHTS: A petition signed by twelve residents of ~indsor Avenue and Winborne Street. S. W., requesting that the street light at the intersection cE Mindsor ~venue and Minborne Street be restored to its original position, was before Council. On motion of Mr. Stoller, seconded by Hr. Pond and unanimously adopted, the matter was referred to the City Manager 'for investigation and report to Council. ROANOKE VALI. EY: A Resolution of the Roanoke Junior Chamber of Commerce, urgin9 that the people and governments of Roanoke Valley be informed of the advantages and disadvantages of consolidation through a proficient study made bI an impartial group, endorsing the work of the Committee for Valley Consolidation, urging the signing of the petition for consolidation so that such a study may be made and requesting that the citizens of Roanoke take such action as is necessary to assure the consolidation of the Roanoke Valley area financially, emotionally and in spirit, mas before Council. Hr. Stoller moved that the Resolution be ;Jled and that Council express it: appreci~tion to the Roanoke Junior Chamber of Commerce for itc interest in the matter. The motion was seconded b$ Mr. Wheeler and unaninouslT adopted. CITy MANAG£R: The following Resolution of the Chamber of Commerce of Roanoke, Virginia, Incorporated, mith regard to selecting a Successor to the City Manager, was before Council: ~The Hoard of Directors of the Chamber of Commerce of Roanoke, Virginia, Incorporated, at' its regular neetJn9 on July 19, 1965, passed the following Resolution: 182 *The Roanoke Ghcmber of Commerce reiterates its eudoruemelt or the Council-City Momcger form or Goverum~mt for the C~ty or Roacoke, old with d~e interest and coocero that Council shal~ s~eh us a successor ia the City Manager a'person highly qualified to wanage the twenty-two million dollar municipal operation, Ne, therefore, respectfully submit to Council the following recommendation: l, Council should mot be busty in seeking i successor to the City Ranuger, taking ample time to seek a suitable candidate. The ei~yts routine mould not be interrupted should it be necessary to mike un'interim appointment, or to hare un acting City Manager tike over temporarily, 2, It is recommended that Council reappraise the salary schedule undo if necessary, upgrade the position to make the pay commensurate math the responsibility of managing a twenty-two illiion dollar corporation. This would also make the Job m~re attractive to competent candidates, 3. It is also suggested that Council consider going far afield to seek competent candidates, yet not eliminate the possibility of finding o qualified local person, 4, Consideration of u candidate should not necessarily be restricted onl~ to persons with public administration training and experience, #any cities have taken adminlstratorsfrom other fields with satisfactory success. 5. It is suggested that Council should seriously Consider contracting math a management consultant firm experienced in seeking and pre-screening top executive personnel. This would save Council a great deal of time in interviewing numerous candidates and mould assure that a final selection mould be made from the hast qualified candidates,t S/ Jack C, Smith JACK C, SMITH £X~CUT1VE VICE PRESIDENT July 26, 1965" Council indicating that it is already following the procedure recommended by the Chamber of Commerce, Rr. Stoller moved that the Resolution be filed. The motion was seconded by Mr. Jones and unanimously adopted. BUD(~T-SCROOLS: Council at its meeting on April 19, 1965. having 'referred a request of the League of Women Voters, Roanoke Area, that the City Attorney be directed to render an opinion on certain questions concerning the financing of public schools to the City Attorney to render an opinion to Council on those questto~ which, in his discretion, need interpretation, a communication from the League of Women Voters, pointing out that it still has had no reply and advising that it would appreciate an answer at the earliest possible time was before the body. On motion of Rt. Stoller, seconded by gr, Garland and unanimously adopted, the communication was referred to the City Attorney for his information. LEGISLATION-TAXE~: A ResolutJon'o~ the Board of Supervisors of Roanoke Connty, petitioning the General Assembly of the Commonwealth of Virginia t~ enact such legislation ag is required to enable all of the political subdivisions, including the counties, of the C~mmonwealth of Virginia t~ egact a local retail sales and use tax should the l~cal governing bodies deem it appropriate or necessary to enact such ~ tax, was before Council. Mr. Stoller moved that the Resolution be filed and that Council thank the Board of Supervisors of Roanoke County for the action taken. The motion was seconded by Hr. Rheeler and unanimously adopted. RKPORTS OF OFFICERS: STREET LIGHTS: The City Manager submitted a written report, recommending ~he installation, of a street light in the 3200 block of Salem Turnpike. N. M. Mro St011er moved that Council concur In the recommendation of the City Manager and offered the following Resolution: (~16548) .A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light in the 3200 block of Salem Turnpike. N. M. (AP Pole No, 253-756). (For full text of Resolution. see Resolut.ion Hock Ho. 20. page 302.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pond. 5toiler. hheeler and Mayor Dillard ................................ HAYS: Hone ..................O. (Mr. Pollard absent) BUDGET-AIRPORT: The City Manager submitted a written report, recommending that the change fund at Roanoke Municipal (Woodrum) Airport be increased from to $100. Hr. Stoller moved that Council concur ia the recommendation of the City Manager and offered the following Resolution: (~16549). A RESOLUTION authorizing a Petty Cash Fund of $100,00 at the Roanoke Municipal Airport; and repealing Resolution Ho, (For full text of Resolution, see Resolution 8oak Ho, 28, page 303,) Mr, Stoller moved the adoption Of the Resolution, The motion was seconded by Mr, Mheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Pond. Stall,r. Hheeler and Mayor Dillard ................................ NAY5: Hone ..................O, (Hr. Pollard absent) Hr, Stoller then off'red the following emergency Ordinance proriding for additional $50: (~16550) AN ORDINANCE to amend and reordain Section ~150, 'Ham-Depart- mental,' and Section ~166, ~Contingencies,' of the 1965-66 Appropriation Ordinance, and providing'for an emergency, (For full text of Ordinance, see Ordinance Hook No, 28, page 303,) Mr, Stoller moved the adoption of the Ordinance, The motion was seconded by Mr, Pond and adopted by the following vote: AYES: Messrs. Garland. Jones. Pond. Stall*ri Mheeler and Mayor Dillard .......... ~ ..................... 6. tqAys: None .................. O, (Mr, Pol~ard absent) BUDGET-PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted a written report, t~ans~ltttng a statement fro~ Embank, Caldwell and Associates in the amount of $2.468,03 for ~rchitectural services rendered in connection with the modification of the City Incinerator t~rough June 30, 183 184 Hr. Rbeeler offered the f,Il,ming emergeocy Ordlnonce transferring the ow,nut froB the Contlugeocy Fund: (s16551) AN ORDISANCE to sueud ,nd re,rd,In Section z166. "Contingencies. und Section nlTO. "Capitol." of the 1965-66 Appropriotion Ordinance. mod providing for un emergency.. (For full text of Ordincnce. see Ordinance Book No. 28. puce 304.) Hr.. Nheeler w,red the adoption of the Ordiococe. The motion wos seconded by Hr. Pond und adopted by the follouing vote: AYES: Xessrs. Garland. Jones. Pood. St,lief. Nheeler and Hayor Dillard ................................ NAYS: None ..................O. (Hr. Pollard absent) BUDGET-PAY PLAN-SCHOOLS: Council having concurred la the opinion of the Roanoke City School Board that approximately 300 employees of the school system who have always been classified and paid according to the Pay Plan should be included in a survey being made by the Public Administration Service and should have been a part of the original contract without on additional cost of $1500 to the city, the City Manager submitted the following report, advising that if the school employees are to be included in the survey an additional appropriation of $1500 will be required: "Roanoke. Virginia August 2. 1965 Y, the City Council Roanoke. Virginia Gentlemen: At our meeting of Bonday. July 19. you concurred in a letter from the Roanoke School Board with reference to including the 300 school employees in your Job plan study and you authorized that this be accomplished. It is not as simple as the record would show to have accom- plished as it mould require an appropriation of $1500 to have this included in the program. Historically, at no point have I mentioned anything with reference to the school employees and at every conference, or reference that I can find, and certainly it was the intent of me personally, to provide a study for city employees under the City Manager*s supervision. If the school is to be included in the program, tt would require an additional appropriation of $1500, Respectfully submitted, S! Arthur S. Owens City Manager" Mr. Jones offered the following emergency Ordinance transferring $1500 from the Contingency Fund: (z16552) AN ORDINANCE to amend and reordain Section u14, "Personnel," and Section z166, "Contingencies,* of the 1965-66 Appropriation Ordinance. and !providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 28, page 304°) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Hr. St,lief and adopted by the following vote: 185 AYES: Messrs, Garland, Jones, Pond, Stoller, Wheeler and Mayor Dillard ................................ 6, NAYS: None ..................O, (ar, Pollard absent) BUDGET-RECREATION DI:PARTI~NT: The City Manager submitted a written report advising that the softball and baseball teams hare contributed a total of $440 to purchase trophies for the champions and runners-ap In each league sponsored by the Department of Parks and Recreation, and recommended that this amount be appropriated In the 1965-66 budget, Mr. Jones moved that Council concur in the recommendation of the City ianagev and offered the following emergency Ordinance transferring the amount from the Contingency Fund: (s165§3) AN OROINANC~ to amend and reordain Section nlllo WBecreation, Parks and Recreational Areas,w and Section n166, 'Contingencies,' of the 1965-66 Appropriation Ordinance, and providing for aG emergeoCyo (For full text of Ordinance, see Ordinance Rook No. 28, page 305,) Mr. Jones moved the adoption of the Ordinance, The motion was seconded by Hr. Pond and adopted by the following vote: ALES: Messrs. Garland, Jones. Pond, SCalier, Wheeler and Mayor Dillard ................................ 6. NAYS: None ..................O. (Mr. Pollard absent) ROO~KT-ARVKRTISING: Yhe City Manager submitted u written report, trans- mitting communications from the Virginia Travel Council requesting that the City of Roanoke become a member of the Virginia Travel Council at a fee of $100 a year and that $1400 be included in the budget annually for the next six years to cover the cost of twelve exhibits of Roanoke attractions for use in the rest areas throughout the state that are located on the interstate highmays. Mr. Stoller moved that the matter be referred to the 1966-67 budget commission. The motion was' seconded by Mr. Wheeler'and unanimously adopted. RUDGET-BUNICIPAL BUILDING: Council having appropriated $1400 for the extension of the contract of Bud Weaver Heating and Air Conditioning Company for furnishing and installing certain air conditioning and ventilation systems in the Municipal Building in the total amount of $1,697, the City Manager submitted a written report adrlsing that it will be necessary to extend the contract by Resolution. On motion of Mr, Stollez, seconded by Mr. Wheeler and unanimously adopted, the matter was referred to the City Attorney for preparation of the propek measure. BUDgET-PAY PLAN: The City Manager submitted the following report. recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: 'Roanoke. Virginia August 2. 1965 To the City Council Roanoke, Virginia Gentlemen: 186 The folloeing employees are needed rot the efficient operation of the City: ' Library - Branch Librarian I - Group 13 City Baengeres office - Dsplicnt~r Operator, Group 14 Traffic Engineering nnd Communications - I Signalman I, Group $ Refuse Disposal - 3 Disposal Laborers, Group 10 I Load Packer Driver, Group 6 Street Cleaning - I Disposal Laborer, Group 10 Sewer Maintenance - 2 Street Crew Helpers, Group 9 I Gang Leader, Group 5 Street Construction - I Damp Trucker II, Group 7 Street Repair - I Gang Leader I, Group 5 I Street Cram Helper, Group 6 I Dump Trucker I, Group 8 Sewer and Drain Construction Department - I Street Crewman, Group 7 Fire Department - I Fireman City Home - Orderly, Group 20 Respectfully submitted. S/ Arthur S, Owens City Manager' Mr. 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 proper measure. The motion was seconded by Mr. Jones and unanimously adopted, SEt. RS AND STORM DRAINS: Council at its last regular meeting having deferred action on a report of the City Manager that the State Mater Control Board has requested that the City of Roanoke expand its steam testing program, the City Manager submitted a written report, advising that he has asked a representative Of the State Water Control Board to appear before Council for a discussion of the matter. Mr. MJllard H. Robbtnn, Jr., Division Engineer, explained that stream testing is required of most municipalities and industries discharging into state waters, tkat the extent of the testing program In each Instance is governed by the volume of the waste discharges and the down stream uses of the stream, that the revised stream sampling program for Roanoke requires the addition of three saopling stations year-round with four more stations during the summer months, said stations to be sampled once each week that an expenditure of $5,000 will be required for additional laboratory equipment for proper operation and control of the chlorination facilities, that the total cost of $10,B90 is for the first year only after which the annual cost should be approximately $5,000, that because of'the volume of treated and untreated waste discharges in the City of Roanoke and the development of the Smith Mountain Reservoir as a recreational area the State Mater Control Board believes the increased stream testing program is imperative, that Roanoke will hare top priority for a grant under the Mater Pollution Control Act on its Lick Bun and Tinker Creek problems as far as he is concerned. After · ]elgtky discussion of the'mutter~ Mr. iheeler Bored that the City Attorney be directed to prepore the proper measure providleg rot the exteuuloe of the stream testing progrom or the City of Roanoke os requested by the Store Mster Control Dourd. The motion mos seconded by Mr. Pond and usuelmously adopted. Mr. Stoller the· moved that the possibility of~· duplication or laboratory facilities of the city be referred to the City Manager for investigation nnd report to Contcil. The motion was seconded by Mr. Jones and unanimously adopted. i~NSIONS-POLICE DEPARTHEST-FIRE DEFARTHEST: The City Manager submitted a written report, advising that Mr. T. R. #ilson. a former police officer, retired on August 21. 1964. after twenty-seven years of service, that Mr. Milson is 53 years of age..has Just had u complete physical chech, and is very anxious to return to the police deportment as n patrolman, but is prevented from doing so because Section 1. Chapter 2. Title III. of The Code of the City of Roanohe. 1956. provides that member of the Police end Fire Pension System shall bavecontinuously remained in employ of the Police Department and Fire Deportment In order to be eligible for retirement. the City Manager recommending that The City Code be amended to permit members of Police and Fire Pension System to return to the employ of the city where justifica- tion is proven. In this connection. Mayor Dillard voiced the opinion that the above section should also be amended to provide that retirement shall be compulsory at the age of 65 ~e,r~ rather than 6b years as at present to coincide with the provisiot of the Employeest Retirement System. Mr. Mheeler moved that the City Attorney be directed to prepare the proper measure amending Section 1. Chapter 2o Title III. of The Code of the City of Roanohe 1956. to include both changes. The motion was seconded by Mr. Pond and unanimously adopted. BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written report, ipointing out that fonds for renovation Of tbe downstairs at the Health Center for use of the Consultation and Evaluation Clinic for Retarded Children were not' included in the 1965-66 budget, that he has been informed that unless the City of Roanoke lives up to its obligations to provide adequate facilities for the clinic federal funds will be withheld, and recommended that $3,700 be appropriated for renovation of the ~acant space. Mr. Stoller moved that Council concer in tbe recommendation Of the City Manager and offered tbe following emergency Ordinance transferring the $5,000 from the Contingency Fund: (~165S4) ~N ORDINANCE toamend and reordain Section ~166, "Contingencies, and Section ~170, *Capital," of tbe 1965-66 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book So. 29, page Mr. Stoller moved the ado~tlon Of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: 187 188 AXES: Messrs. Garland. Jones. F, ad. St,liar. Mheeler wed Mcfor Dillard ................................ 6, NAYS: None ..................O, (Mr, Pollard absent) SALE OF PROPERTY-STATE HIGBMAYS-STREETS AND ALLEYS: The Ci~f Manager submitted a mritten report, advising tbot Messrs. Talmadge E. M,bares and Mllliam J. Roberts hove offered to sell to the city 665.4 square feet of land at the southeast corner of Wells Avenue and Second Street. N. E** for the sum of $1.287.34. for street mldening purposes, provided the clw mill convey to them upproxlmately 21.73 square feet of adjacent land situate on the east line of Second Street. N. E.. and recommended that the offer be accepted. Mr. Mheeler moved that Council concur in the recommendation of the ~iW Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion mas seconded by Mr. 5toiler and unanimously ad.opted. EUDGET-GARNAGE REMOVAL: Council having stipulated in the 1965-66 budget that a. funds included therein shall be expended for capital improvements or the purchase of equipment until January 1. 1966. the CIW Manager submitted a written report, advising that in order to maintain the Damps,er Dumps,er schedule of the Refuse and Garbage Collection Division of the Department of Public Ruths in the next few months it will be necessary to purchase four new trucks now and that since the leaf season is only u few meeRs away and the two old leaf collectors are in had shape two new leaf collectors should also be purchased immediately. Mr. Garland moved that the City manager be authorized to advertise for bids on the above equipment. The motion mas seconded by Mr. 5toiler and unanimousl~ adopted. AIRPORT: The City Manager submitted a written report, transmitting a tabulation of bids received by the Purchasing Agent for the purchase and removal of three dwellings in the Dogwood Acres Subdivision in Roanoke County in connection with providing a clear zone for the north-south runway at Roanoke Municipal (Woodruml Airport, and recommended that the highest bids be accepted. Mr. Garland moved that Council concur in the recommendation of the Clty Manager and offered the following Resolution: (m16555) A RESOLUTION approving the sale of certain buildings needed to be removed from certain properties recently acquired for the City*s Municipal Airpor~ North Clear Zone. (For full text of Resolution, see Resolution E,ok No. 28. page 306,) Mr. Garland moved the adoption Of the Resolution. The motion mas seconded ~y Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pond, St,lief. W~eeler andMayor Dillard .............................. 6. NAYS: None ................. O. (Mr. Pollard absent) SEWER ASSESS~NTS: The City Manager submitted a written report, trans- mitting a communication from Mr. John M. Wilson, Jr., Attorney, advising that there is a Sewer Assessment against Lot ?, Block 9, Roonoke Land and Improvement Cowpany, ia the amount of $20.24, with interest from June 1, 1926, that when o suit in equity was Instituted and conducted for the collection of delinqaent'toxes sod other liens against the property the Sewer Assessment was not reported, consequently, the Law and Chancery Court in its final decree did not order the rowoval of the assess= meat as a lien against the lot, that the present owner is willing to pay the princip auount due, but does not feel he should be required to pay the interest. Council being of the opinion that the entire Sewer Assessment should be released, Me. Stolle£ moved that the uatter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr~ Pond and unanimously adopted. STATE HIGHWAYS: The City Msnager submitted the following report, recom- mending the acquisition of two parcels of land and three constrnction easements needed in connection with the improvement of Virginia State Route 24, and one residue parcel of land needed for other public purposes: #Roanohe, Virginia Augast 2, 1965 To the City Council Roanohe, Virginia Gentlemen: In the development of Route 24. He have secured signed options for the following parcels .of land: Parcel 02~ - Owner, John J. and Maebell Vo Wood 713 Sixth Street, S. £. Value of Easement $10.00 Total consideration (a~proved appraisal) $500.00 Parcel 029 - Owner, Lois Stewart, widow 507 Bullitt Avenue, S. E, Value Take (approved appraisal) $750,00 Parcel 036 - Owner, William Roy and Hanna Phillips 506 Elm Avenue, S, E. Value of Take (approved appraisals) $2,925.00 Parcel 042 - Owner, Eate I. Bryant, widow 416 Elm Avenue, So E, Value of Residue $36,00 Value of Take (approved appraisal) $3,864.00 Respectfully submitted, S/ AYth~r S. Owens City'Manager" Mr. Stoller moved that Council concur in the recommendation of the City Wsnager and offered the following emergency Ordinance: (e16556) AN ORDINANCE au'thorizin'9 the acquisition of two (2) parcels of land and certain constrnction easements needed for the' Cityts State Route No, 24 Project, and the acquisition of one (l)'residue 'parcel of land needed for other public purposes, upon certain terms'and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28. page 307.) Mr, Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: 190 AYES: #essrs. Garland, Joue~. Poad, Stoller, Nheeler uud Nuyor Dillard ...............................6, RATS: None ..................O, (NFo Pollard absent) STATE HIGRRAYS~ The City Manager subwitted the following report, recow- wending the acquisltiou of four parcels of lurid and four construction eeseaeuts needed lu connection with the lwprouement of VlrgJni~ State Route 24. and the of one parcel of land for other public purposes: 'Roanoke, Virginia August 2, 1965 To the City Council Roanohe. Virginia Gentlemen: In the developwent of Route 24, we hare been unable to ' secure the following parcels and the owners have returned the unsigned options to us for property and easements. They are as follows: Parcel 017 - Owner, R. A. and Mildred L. Naif 610 Bullitt Avenue, S. E, Value of easement $10.00 Total consideration (approved appraisal) Parcel 030 - Owner, John Ho Hindel and N. Eo Jennings 505 Bullltt Avenae, S. E. Value of Take (approved appraisal) $12T.00 Parcel 031 - Owner, A. N. nad Claudine Terrell 503 Hullitt Avenue, So E. Value of Take (approved appraisal) $77.00 Parcel 035 - Owner, M. Ko and Helen Y. Haga 510 Elm Avenue, S. ~. Value of Take (approved appraisal) $76.00 Parcel 063 - Owner, Annie B. Clark. uidow 323 Elm Avenue. S. E. Value of Take (approred appraisal) $3,873.00 Value of Residue $?1.00 Respectfully submitted, S/ Arthur S. Owens City Manager" Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (m16557) AN OEGIWAA'CE authorizing and directing the acquisition of four (4) certain properties and certain temporary construction easements necessary for the improvement and construction of State Route No. 24, in the City; authorizin9 the purchase of the reaidue of one of said properties for other public purposes; author- izing the City Manager to make to the respective owners thereof offers for the City's purchase of said properties; providing for the acquisition of those properties needed for State Route No. 24, or either of them by condemnation, under certain circumstances, and fur a right of entry thereon; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2B. page 308.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded 'by Mr. Nheeler and adopted by the following vote: i9! AYES: Messrs. Gnrlnmd, Jones, Pond, Stoller, ~heeler and Mayor Dillard ................................ 6. NAYS: None ..................O, (Mr, Pollard absent] STREETS AND ALLEYS: Conncil hating referred to the City Mannger for cindy, report and recommendation the request of residents of the 3000 and 3100 blocks of Shenandoah Yalley Areone and the 600 block of Lindberg Lane, Ro £,, that said streets be blacktopped, the City Manager submitted a urJtten report, advising that these streets, like many others in the city, mere not included in the program this year dna to a study proving that other streets enjoyed higher priority, that he expects to maintain these streets under the normal maintenance program and if and when funds are available for blacktopping they will be given consideration the same as other streets before final recommendation is made to Council for the blacktoppin program. In this Connection, Messrs. E. H. Cole and A. G. AFtrip appeared before Council, complaining that nothing has beam done by the city to improve these street since the area was annexed in 1949 and that the 'potholesw in said streets are a traffic hazard. Mr. Garland moved tbnt the matter be referred back to the City Manager to repair the above streets. The motion was seconded by Mr. St*liar and unanimously adopted. iTRREV$ AND ALLEYS: Council having referred to the City Manager for investlgatlo*n and report a complaint of Mr. H. Vo Robinson, President of the Mlldwood Clrlc League, that although manhole covers on ldlewlld Boulevard, N. were raised three years ago the street still has not been blacktopped and. apparently~ is not included in the blacktop program for this year, the City Manager submitted the following report: *Roanoke. Virginia Augnst 2. 1965 To the City Council Roanoke. Virginia Gentlemen: At our regular meeting of July 12. you referred to ne a letter from the Wildwood Civic Lengce. asking why Idlewild Bonlevard. N. ~.. had not been paved, due to the fact that the manholes had been raised. It is not uncommon for os to change our paving program; and. although this mas not included in any program that I can find. nevertheless, it is customary to pave streets when manholes are raised. This mas an exception. Me mill adjust the manhole corers where necessary, maintain the street under our ns,al maintenance program, and certainly consider this. among with many other streets, lm oar 196& paring program. Respectfully submitted. S/ Arthur S. Owens City Manager" 192 Mrs Jones moved thut the matter be referred bach to the City #nnnger for necessary maintenance of tke street. The motion was seconded by Hr. Wheeler aid unanimously adopted, REPORTS: The City Homager submitted u written report, transmitting u report of the Department of Public Helfare for the month of Hay, 1965, and listing other monthly'departmental reports on file in his office. On motion of Mr, Jones, seconded by Hr, Pond and unanimously adopted, the report was filed, CLAIMS: Coancil having referred to the City Attorney for an opinion the request of Hiss Helena Paxton that the City of Roanoke pay for the damage done to her carport by a tree limb from a tree belonging to the city in the sum of $249. the City Attorney submitted the folloming opinion, advising that the city is not legally liable for the damage, 'July 22, 1965 To the Honorable Hayor and Hembers of City Council Gentlemen: At the meeting of the Conncil held on July 12, 1965, the claim of Miss Helena Paxton made to the City for certain damage resulting to the claimant*s carport by reason of the falling of a tree limb was referred to this office for an opinion as to the Cityts legal obligation to the claimants An investigation of the matter made by the City's Parks and R~c~ation Department very soon after its occurrence disclosed that a decayed limb of a tree growing in a public alley near Miss paxton~s property line bad fullen during a moderate raja and wind storm and had, in fact, damaged said omnerts carport. The investigation disclosed that the City appeared not to have had prior notice of the decayed condition of the tree limb nor did there appear any facts which, legally, would have amounted to constructive notice to the City Of the condition of the tree limb or Of a possibility of damage therefrom. Accordingly, the undersigned was of the opinion then, as he is now, that the City had not committed any act of negligence in connection with the matter which would render the City liable to the property owner for the damages sustained. Being able to approve for payment from public funds only those claims for which the City is legally liable. Miss Helena Paxon*s earlier-made claim to the City Manager wast accordingly, disapproved. The above is not to say, however, that the City Council may nott if it sees fit, authorize such reimbursement or partial reimbursement, in the nature of compromise, as may in the opinion be deemed proper. Respectfully, $/ J, ~. Kiflcanon City Attorney" Mr. 5toller moved that the request be denied. The motion was seconded by Mr. Garland and unanimously adopted. STREETS AND ALLEy~:. Council having referred the request of the Roanoke Life Saving and First Aid Crew, Incorporated, that a 10-foot wide alley extending 55 feet between Lots I and 2, Official Tax No. 1020201, and Lot 3, Official Tax Ho. 1020203, to a parcel of land designated as Official Tax Ho. 1020202, Hlock 10, Lewis Addition, be vacated, disconttnned and closed, to the City Attorney as to the proper! procedure to be follomed to carry out the request, the City Attorney submitted the following report: 193 ......... - . . #July 21, 1965 To the Hoaorable Mayor and Members of City Council Gentlewea: Subject item was, at the meeting of the City Council held on July 19, referred to the undersigned In order that he might discuss with attorneys for Roaaohe Life Saving and First Aid Crew, Inc** the proper method of procedure to accooplish the purpose Of the aforesaid request. Please be advised that I have discussed the matter with C. K, Cuddyt gsqulre, one of the attorneys for the applicant, who agrees that the statutory method of closing a public street or alley is not applicable to this situation; that the 10 x 55 foot area in question is not, in fact, a public alley but is a private access way appurtenant to what Is shown on the tax appraisal asp as Lot 1020202; and that the better and proper may of eliminating from the recorded maps the showing of such way is by recordation, after approval by the planning agent is given pursuant to the City*s land subdivision ordinance, of a aeu map consolidating into a single lot the various properties, including the private access way, heretofore acquired and assembled, and now oMned, by Roanoke Life Saving and First Aid Crew, lac, Mr, caddy bas indicated to the undersigned that the above- m~ntioned request will not be pursued further before the City Council. Respectfully, $/ J, No Klncanon City Attorney" Mr, Stoller moved that the Roanoke Life Saving and First Aid Crew, Incorporated, be permitted to witbdraw its request. Zhe motion was seconded by Mr, Nheeler and unanimously adopted. ClZy AUDITOR: The City Auditor submitted a financial report of the City of Roanoke for the month of June, 1965, Mr. Stoller moved that the report be received and filed. The motion was seconded by Mr, Jones and unanimously adopted. PAy PLAN: Counc il at its lost regular meeting having deferred action on certain recommendations of the Personnel Board with regard to changes in the policy on holidays for city employees, the Personnel Board submitted the following revised report: City Council Roanoke, Virginia Gentlemen: ~he Personnel Board met Tuesday, June 29, 1965, and voted to recommend for your approval the following proposal to effect all esployees presently observing the policy of eight paid holidays, 1. For employees working a normal 40 hour weeh, Monday through Friday, the follomin9 schedule mill be observed for holidays. If a holiday falls on Saturday the preceding Friday will be observed as a holiday, and if it falls oa Sunday the following Monday will be observed as a holiday, 2. Any employee working Other than the normal Monday through Friday, 40 hour week will be entitled to an extra day off if a holiday falls anytime during his normal break, excluding time off for sick leave. 3. Any employee required to work an observed holiday will be granted an extra day off during the month, or overtime pay as applicable, 194 S/ Jonas G. E)I~ S/ David S. Feeg#~Bu Janus G. Elier. Chuirmau David S. Fergusom Personnel Bourd Personnel Director ~! Ralph Mf..Bow~e~ S! Jfmmfe Bt Luyman Ralph K. Bowles. Vice Chairman Jimwie B. Layman S/ William Af Martin S/ James M. Boa. Jr. Milliam A. Martin James M. Roe. Jr.' After n discussion of the metier. Council obJeoti,g to observing FrJduy · holiday when tbs holiday fulls on Saturday. Mr. Mheeler moved that the Git7 Attorney be directed to prepare the proper measure providing that nil city employees a 40-hour work week mill get eight days off for holidays per year. The motion mas seconded by Mr. Jones and unanimously adopted. ZONING: Council having referred to the City ?lanning Commission for study. report and recommendation the request of Mr. $. P. Nackley that property located on the south side of Thurston Avenue. N. K.. betmeen ~ilkins Street and ~llliamson Road IdescrJbed as Lots 27-30. inclusive. Block B, Mllliamson 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: "July 14. 1965 ?be Honorable Bentoo O. DJ]Jard, Mayor and Members of City Council Roanoke. Virginia Gentlemen: In its regular meeting of July ?. 1965 the Planning Commission considered the above described rezoning request. It was learned that the petitioner is contemplating abe erection of a laundromat on the premises, which use is contrary to those permitted under the present zoning. In studying this request, the Planning Commission noted that the proposed zoning map suggests residential use of the property for higher density development. It was determined that non-residential use would not be compatible with the residential character of the area extending west of the subject property. The City Planning Commission. therefore, recommends to City Council that this rezoning request be denied. Very truly yours. S/ ~erner K. Sensbach Henry Bi Boynton Chairman" In this conneFtion, a communication from Rt. Nackley, requesting permission to withdraw the petition for rezoning, was before Council, Mr. Stoller moved that Council concur in the request and that Mr. Nackley be granted permissionto withdraw the petition for rezoning. The motion ~s seconded by Mr. Jones and unanimously adopted. REPORTS OF COBMI~'fEZS: PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The committee appointed to tabulate bids received on the installation of a concrete buffer wall and a steel dumping plate in connection with the modification of the storage pit at the City Incinerator submitted the following'report: 195 *July 22. 1965 TO the City Council Roanoke. Virginia Gentlemen: Bids were received and opened before City Council ut its meeting on Monday. July 19. 1965. rot the lostolXntJon of n concrete burrer wall ,nd · steel damping plate in connection with the modification o! the storage pit at the City incinerator. Attached Jn · tabularium of bids listing the four (4) bids which were received. The concrete buffer wall (Proposal · 1) is considered to be the more positive means Of solving the present problems mith the storage pit. The low bid for this wnrk was submitted by Days Construction Company. Inn** in the amount of $6.400.00. It is recommended that a contract be awarded to the Days' Construction Company for Proposal u I only, and that oil other bids be rejected. Funds are available and no additional appropriation mill be necessary. Since 11 is very important that the Incinerator be closed down for a minimum length of time. and only on one occasion, it is essential that this work be coordinated with other proposed modifications. Therefore, a letter has been secured from Days' Construction · Company agreeing to o possible delay in the time originally called for this work to begin. The specifications stated work to commence. September 1. 1965. but me are not certain whether this time schedule can be met for other changes at the incinerator. S/ Vincent 5, Mheeler Vincent S, ~heeler. Chairman Roy R. Pollard. St. S/ Benton O, Dillard S/ Clarence £, Pond Mayor Benton O. Dillard Clarence B. Pond' Mr. Wheeler moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (s16559)' AN ORDINANCE providing for certain improvements at the City*s Incinerator Plant by accepting a certain bid made for the construction of a concrete buffer wail in the storage pit; rejecting other bids made therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 311.} Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AVES: Messrs. Garland, Jones, Pond, Stellar, hheeler and Mayor Dillard ................................ 6. NAYS: None ..................O. (Mr, Pollard absent) PARKS AND pLAYGROUNDS: The committee appo inted to tabulate bids received on the construction of tennis courts at Golden, Park and Shrine Bill Park submitted the following report: #July 22, 1965, To the City of Roanoke Roanoke, Virginia Gentlemen: Bids were received and opened before City Council at its meeting on Mondayb July 19, 1965, for the construction of tennis courts at Golden Park and Shrine Hill Park. As can be seen from the attached tabulation of bids. tm, (2) bids were received. The apparent low bid exceeds the City estimate for this work by a considerable sum. Me believe these bids were influenced by the large an.nut of other construction undermay in the area during this season of the year. 196 It iL therefore recommended that all bids be rejected, and that the Department of Public Murks be directed to readvertise sometime after January 1, 1966 in an effort to obtain better prices, S/ Clarence £. Pond Clarence K. Pond. Chairman S! Vincent St Wheeler Vincent $, Wheeler S/. Robert At Garland Robert A. Garlandw Mr. Pond moved that Council concur in the recommendation of the committee and offered the following Resolution: (nl6SSg) A RESOLRTION rejecting certain b~ds recently made to the City for the construction of certain tennis courts at Shrine Rill Park and at Golden Park, (For full te~t of Resolution. see Resolution Rook No. 28, page 312,) Mr, Pond moved the adoption of the Resolution. The motion mas seconded by Mr. Wheeler and adopted by the following rote: AYES: Messrs. Garland, Jones, Pond, Stoller, Rheele'r and Mayor Olllard ................................ 6. NAYS: N'one .................. O. (Mr. Pollard' absent) LIBRARIES: The Raleigh Court Branch Library Committee submitted the following report: 'Roanoke. Virginia August 2. 1965 TO the City Council Roanoke, Virginia Gentlemen: The Library Committee met on Thursday, July 22, to discuss procedures with reference to the Raleigh Court Branch Library and at the meeting the City Manager informed the Committee of his recent conference in Richmond with Miss Florence Yoder in the State Library Building and a telephone conversation with Mr. Randolph Church. State Librarian. Mr. John Chappelear of the firm of Randolph Frantz and John Chnppelear, Architects.,has b~en advised to proceed expeditiously with necessary drawing and preparations of th; library, as outlined in your directive of July 19. Mr. Church advised the City Manager that if the architect were employed and the necessary funds appropriated for the library that the deadline date of October 26 for construction could be extended indefinitely, in order to give the architect proper time for his drawing, advertising for bids, preparation of bonds and the awarding of the contract. The Committee recommends the City Council make the necessary appropriation in the amount of $63.060. in order that funds avail- able mill be assured for the City and the construction of the library may he initiated. S/ Elizabeth M. Drewry Elizabeth M. Rrewry S/ Sidney P. Chockley Sidney P. Chockley S/ Murray A. Stoller Murray Au Stoller Respectfully submitled. S/ Robert A. Garland Robert A~ Garland, Chairman S/ Evans B. Jessee Evans B. Jessee $/ James E. Jones James E. Jones S/ Andrew H. Thompson Andrew R. Thompson~ .197 Mr. Garland noted that Council concur im the recommendation of the committee and offered the following Resolution advising the Virginia State Library Board that the City of Ronnohe intends to commence the construction on the proposed new Raleigh Court Branch Library on or before October 26, 1965. and appropriating the total amount of $105,100 to the 1965-66 budget of mhlch $42.040 is to be reimbursed by a federal grant: (m16560) A RESOLUTION relating to the City's proposed hem Raleigh Court Branch Library. (For full text of Resolution. see Resolution Book No. 26, page 313.) Hr. Garland moved the adoption of the Resolution. The motion was seconded by Hr. Stoller and adopted by the following Tote: AYES: messrs. Garland, Jones. Pond, Stoller. Rheeler and Hayom Dillard ................................ NAYS: None ..................O. (Nr. Pollard absent) Bt, Garland offered the following emergency Ordinance transferring the entire amount of $105.100 from the Contingency Fund with the understanding that $42,040 of the amount will be reimbursed to the city: (#16S61) AN ORDINA~C£ to emend and reordafn Section ~166, "Contingencies. end Section al?O, "Capital." of the 196S-66 Appropriation Ordinance, and providing (For full text of Ordinance, see Ordinance Book No. 2B, page 314,) Mr. Garland muted the adoption of the Ordinance, The motion was seconded by Nr. Stoller and adopted by the following vote: Dillard ................................ NAYS: None ..................O, (Hr. Pollard absent) Mr, Garland then moved that the City Attorney be directed to prepare the proper measure approving preliminary plans prepared by Randolph Frantz and Associate Architects, for the proposed new Raleigh Court Branch Library. The motion was seconded by Mr. Stoller and unanimously adopted, U~FINISBED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SALE OF PROPERTY: The City Attorney having been directed to prepare the proper measure providing for the sale of property located on the north side of Salem Avenue. S. W., east of Boulevard. described as Lot 23, Block 43. Mesa End and River View, Official Tax No. 1311218. to Hr. Fred P. Bullington, or his designee. that the following Ordinance be placed upon its first reading: (t16562) AN ORDINANCE authorizing the sale and conveyance of Lot 23. Block 43, according to the map of the Nest End and River View Land Company, Official No. 1311218, upon certain terms and conditions, to Fred P. Bullington, or his designee. 198 NH£REAS. the offer of Fred P. Rulliogton to purchase from the. City the property hereinafter described was heretofore referred to a committee appointed by the Council, which committee has recoumeeded to the Council that said lot is eot needed for public purposes ,and should be sold and conveyed upon the terms and conditions hereinafter provided; in which report the Council concurs, THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that the offer in writing of Fred P. Hulllngtoo to purchase from the City for $1900,00, cash. net to the City. Lot 23. Block 43, according to the map of Mess End and River View Land C~epany, Official No, 1311218~ upon the terms and conditions herein- after directed to be incorporated into the Cltyes deed of conveyance be, and said offer is ACC~P~O; and the Mayor and the City Clerk be and ere hereby authorized and directed, upon payment to the City of the ca. sh sun Of $1900,00, net to the Cityo to execute, seal and attest the City's deed of conveyance drawn and approved by the City Attorney conveying the title to the aforesaid lot to the said Fred P. Ballington or to whomsoever he may in writing designate to be the City's grantee, said deed to contain the Cityts special warranty of title and to expressly reserve to the City a perpetual easement for the continued use. operation, maintenance and repair or replacement of an existing public sanitary sewer line constructed on said property along the easterly side thereof and within a lO-foot wide right of way therefor reserved fnsfde said lot. .BE IT FURTHER ORDAINED that the City Auditor be and is directed to furnish to the City Attorney the City's check in the amount of $2.20 for the purchase of U, ~ Revenue S}amps to be affixed to the City's deed of conveyance prior to delivery thereof to the City*s grantee~ The motion was seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland. Jones. Pond, Stollero Wheeler and Mpyor Dillard ................................ 6. NAYS: None ..................O. (Mr. Pollard absent) AIRPORT: Council having directed the City Attorney to prepare the proper supporting the application of Piedmont Aviation, Incorporatedt for the extension Of its western terminal from Rnoxvllle to Nashville. Tennessee, he present~ same; whereupon. Mr. Jones offered the following Resolution: (m1~563) A RESOLUTION in support of an extension of airline service by Piedmont Aviation, Inc., on Route No. 97 from Rnoxville to Nashville, Tennessee. (For full text of Resolution, see Resolution Hook Ne. 28, page 315.) Mr. Jones moved the adoption of the,Resolution. The motion w~s seconded by Mr. Pond and adopted bF the /ollowlng vote: AYES: Messrs. Garland. Jones, Pond, Stoller, Wheeler and Mayor Dillard ............... 7 ................ ~. NAYS: None ..................O. (Mr. Pollard absent) LEGISLATION-PARKS AND PLAYGROUNDS: Council having directed the C~ty Attorney to prepare the proper measure requesting the Virginia Outdoor Rqcreatton~ 199 Sttdy Commission to recommend and sponsor legislntion It:the next session or the General Assembly of.Virginin which would entitle and qonlify the Commonxenlth Yfrgfnln and its political subdivisions to portlcipote fo the funds available under the Federal Laud and Muter Conservation Fund Act, he presented saner mhereopon, Hr, Jones offered the following Resolution: (x16564) A RESULUTION relating to the Coumonwealthts portlcipation in the Federal Lind and Mater Conservation Fund Act, (For full text of Resolution, see Resolution Book No, 20, page 315,) Mr, Jones moved the adoption of the Resolution, The motion was seconded by Mr. Pond and adopted by the folloulug vote: AYES: Hessrs, Garland, Jones, Pond, Stoller, Mheeler and Mayor Dillard ................................ 6. NAYS: None ........a ......... O. (Mr. Pollard absent) BUDGET-PAY pLAN: Gouncll'haring directed the Ultl Attorney to prepare the proper meashr~' authorizing the EliI Manager to fill certain vacancies In various municipal departments since they are of an emergenoT nature, he presented same; mhereupon, Nfo Stoller offered the following Resolution: (~16565) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No, 23, page 3lb.) Mr, Stoller moved the adoption of the Resolution. The notion was seconded by Mr, Pond and adopted by the following vote: ALES: Messrs. Garland, Jones. Pond, Stoller, Nheeler and Nayor Dillard ...............................6. NAYS: None ................. 0. (Mr. Pollard absent) MATER DEPARTI~NT: Council'having directed the City Attorney to prepare the proper measure authorizing tho City Manager to enter into a new Cooperative Agreement with the U. S. Geological Survey, Department of the Interior, for the investigation of the water resources of Catawba Creek and Tinker Greek for the period from June 1, 1965, to June 30, 1966, and annually thereafter, at a cost to the City Of Roanoke of 91,200 per year as'compired with 91,000 heretofore, he presented same; whereupon, Mr. Stoller ~ffered:the'following Resolution:' (~16566) A RESOLUTION authorizing the City Manager to enter into a new Cooperative Agreement mith the U. S. Geological Survey. Department of the Interior, for the investigation of the water resources of Catawba and lloher Creeks for the period from July 1, 1965, to June 30. 1966, and annually thereafter, upon certain terms and conditions. (For full text of Resolution, see Resolution Book ~o. 28, page 317.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pond, Stoller, Mheeler and Mayor Dillard ................................ NAYS: None ..................O, (Mr. Pollard absent) 200 MATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure math,ri,icg the Mater Department to continue, for the time being. to sell city water to the Summerdean Meter Company on n temporary basis, he presente. same;, nhereepoee Mr. Garland offered the following Resolution: ¢s16567) A REGOLDTION authorizing the Muter Department to continue, for the time being, to sell City mater to the Sumnerdeun Mater Comp,ny on · temporary basis. (For full text of Resolution. see Resolution Book No. 20. page 317.) Mr. Garland moved the adoption of the Resolution. The motion mas seconded by Mr. Si,lieF and adopted by the following vote: AYES: MessFS. Garland. Jones. Pond. Stol. let. Nheeler and Mayor Dillard ................................ NAYS: None ..................O. (Mr. Pollard absent) LEGISLATION-TAXES: Council having directed the City Attorney to prepare the proper measure petitioning the General Assembly of the Commonwealth of Virginia to enact suck legislation as is required to enable all local governing bodies, including those of all of the counties of the Commonwealth of Virginia, to impose a local retail sales and use tax skould the local governing bodies deem it appro- )Flute or necessary to provide for such a tax, he presented same; whereupon, Mr. Jones offered the. following Resolution: (z16568) A RESOLUTION recommending to the General Assembly of Virginia enactment of enabling legislation relative to local retail sales and use taxation. (For full text of Resolution. see Resolution Book No. 28, page 318.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the following vote: AVES: Messrs. Garland, Jones, Pond. Stoller, Mheeler and Mayor Dillard ................................ NAYS: None--7 ...............O. (Mr. Pollard absent) SIDEIALE, CURB AND GUTTER-STREETS AND ALLEYS: Council having directed the City Attorney to prepare the proper ~easure providing for the. acquisition from }he Appalachian. Power Company of certain land necessary for the widening Of portions of Rullitt Avenue, First Street and Day Avenue, $. M., in exchange for certain stree} improvements, he presented same; whereupon. Mr. Stoller offered the follouing emergency Ordinance: (~1656g) AN ORDINANCE providing for the City's acquisition from Appalachi Power Company of certain land necessary for the,widening ofportl0ns of Dullitt Avenue, S. W., 1st Street, S. M., and Day Avenue, S. W., upon certain terms and conditions; and p~oviding for on emergency. (For full text of Ordinance, see Ordinance Boob No. 28, page 319.) Mr. Stoller moved the adoption of the Ordinance. The motion uaw seconded by Mr. ~heeler and adopted by.the following rote: AYES: Messrs, Garland, Pond, Stollero Nheeler nad Mayor Dillard ........ NAYH: None .............................................................O, (Nr, Jones~aot voting) (Hr. Pollard absent) SCHOOLS: Council having directed the City Attorney to prepore the proper measure providing for the conveying or n tract or'land OR the southerly side of Colonial Avenue, S, M** adjacent to the Roanoke Technical Institute, to the Virginia Polytechnic Institute for the expansion of R, T. Io. he presented sate; mherenpon, Ir, Wheeler moved that the following Ordinance be placed upon Its first rending: (u16570) AN OSOINANCK authorizing nnd directing the proper City officials to prepare, execute and deliver o deed conveying to the Board of Visitors of the Virginia Polytechnic Institute IO,23-acres of land. more or leas. comprising the easterly residuo of the City Farm that is located on the southerly side of Colonial Avenue, S. W.. upon certain terms and conditions. ~HEREAS, the City of Roanoke heretofore donated to the Board of Visitors of the Virginia Polytechnic Institute a certain 16.23-acre tract of land located in the City on the south side of Colonial Avenue, S. ~.. on which said land has thereafter been established the Roanoke Technical Institute; nnd WHEREAS, the student body Of Roanoke Technical Institute has grown rapidly and the need for nn expansion of said Instituters facilities has become recognized and the City has been requested to make available to the aforesaid Board of Visitors the additional land hereinafter described; and WHEREAS. the City Planning Commission. to whom was referred the request made to the Council, has recommended in writing to the Council that the area of land hereinafter described constitutes the logical expansion area for said Institute facilities, the need for which is recognized by said Planning Commission. and t'hat the Cltyta donation of said laud to said Board of Visitors is in the best interest of the community and is consistent with the long-range plans prepared by said Planning Commission; and ~BER£AS, a committee of the Council. lJhewlse directed to study said request, has reported in writing that it concurs in the recommendation of the Clty*s Planning Commission made to the Council and recommends that the property hereinafter described be conveyed by the City to said Board of Visitors upon the terms and conditions hereinafter provided. TB£REFOR£. DE 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 donates and conveys to the Board of Visitors of the Virginia Polytechnic Institute for a nominal consideration of $1.00, with covenants of special warranty, all that certain tract of land comprising the easterly residue of the City Farm, located on the southerly side of Colonial Avenue, So ~,, in said City, adjoining the 16o23-acre tract of land heretofore donated and conveyed to said Board of Visitors by the City by deed dated December 17, 1959, said deed to make provision, inter alia, for the following: 201 202 (·) That said land be used for the expa·slo· of the existing Roanoke Technical l·stltute; (b) That · IS-foot wide strip of land be reserved by the City, extending along the entire present frontage of said 18,23 acre tract of land aa the existing southerly line or Colonial Avenue, S, No, to permit of the midenlng of said Colonial Avenue. (c) That easements be reserved by the City in the land so conveyed, necessary to provide proper drainage of storm maters from Colonial Avenue to exlstln drains installed under the Norfolk and Western Railway Company's adjacent right or way; and (d) That. as a condition subsequent to said conveyance, said City*s grantee covenant and agree that, within five (5) years from the passage of this ordinance, said grantee mill cause to be built or constructed on the above-d~scribed land suitable facilities fay public educational and training perposes sufficient in size and design to care for the needs of said Roanoke Technical Institute as said needs now exist and to provide for such needs for the immediate future. BE IT FURTHER ORDAINCD that the City reserves the right to retain poasesnil control and rental income frae the aforesaid property until such time as its afore- said grantee requires possession of the same for construction Of its proposed new facilities; that the present occupants of the buildings on said property shall be entitled to thirty (30) days notice in writing to vacate and surrender possession of said buildings and premises; that the ownership and right to possession Of the furnishings in the present Jerome Natt School on said property ~e properly determined by the City Manager and the respective owners of said furnishings; and that the City*s grantee of said lg.23-acre tract of land, prior to taking title thereto, satisfactorily discharge to Roanoke Council for Retarded Children, lac., the City's obligation to said Council with respect to reimbursing said Council for the recent cost Of installing e new heating system in the building occupied by the Jerome Natt School, as said City*s obligation is set forth and contained in Ordinance No. 16290 of the City Council, heretofore adopted on February 15, 1965. BE IT FURTHER ORDAINED that, upon preparation and approval by the City Attorney of the aforesaid deed Of conveyance and upon adequate compliance with the provisions contained in this ordinance, the Mayor of the City of Roanoke be, and he is hereby authorized and directed to execute said deed for and on behalf of said City and the City Clerk is directed to seal and attest the same; whereupon, and after proper acknowledgment of the signatures to said deed, the same shall be delivered, to the President of the Virginia Polytechnic Institute, or to whomsoever said President may direct. The motion was seconded by Mr. Pond and adopted by the following vote: AVES: Messrs. Garland, Junes, Pond, Stoller, Wheeler and Mayor Dillard .... ~ .......................... 6. NAYS: None ..................O. (Mr. Pollard absent) PENSIONS: Conncil having directed the City Attorney to prepare the proper measure emending The City Code with regard to the methods of financing the Employees* Retirement System of the City of Roanoke, he presented same; whereupon, Hr, Stoller offered the following emergency Ordinance: (nl6$7l) AN ORDINANCE amending nnd reordalaing sub-section (S) Expense Account, and sub-section (6) Appropriations, of Section 8, Chapter l, Title Ill, of the Code of the City of Roanoke, 1956, as amended, relating to the methods of financing the Employees* Retirement System of the City of Roanoke; providing an effective date for the amendments herein contained; and providing for an emergency, (For full text of Ordinance, see Ordinance Rook NO. 20, page 320.) Mr. 5toiler moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs, Garland, Jones, Pond, Stoller. Mheeler and Mayor Dillard ................................ 6, NAYS: None ..................0. (Mr. Pollard absent) MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-PARKS AND PLAYGROUNDS: Council having previously authorized the operation of four boats on Roanoke River in the vicinity Of the Roanoke Transporta- tion Museum, Mr. Garland stated that the boats have been such a success the body should appropriate funds for the purchase of two additional boats and offered the following emergency Ordinance transferring $600 from the Contingency Fund for this purpose: (n16572) AN ORDINANCE to amend and reordain Section =111, 'Recreation, Parks and Recreational AreasoN and Section s166, ~Contingencies,' of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 321.) Mr. Garland moved the adoption of the Ordinance. The notion was seconded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pond, Stoller, Nheeler and Mayor Dillard ................... NAYS: None ..................O, (Mr. Pollard absent) AUDITORIUM-COLISEUM: Mr. Stoller raised the question of providing for parking on the roof Of the proposed new auditorium and suggested that the matter be considered by the Civic Center Committee. Hr. Garland voicing the opinion that the idea would be impractical and that it would be cheaper to buy more land for parking space, no action was taken on the matter. LKGISLAYION-TAXES: Mr. Stoller brought to the attention of Council the question of levying a local payroll tax and moved that the City Attorney be directe~ to prepare the proper measure petitioning the General Assembly of Virginia to enact the proper legislation permitting cities to levy such a tax. The motion was seconded by Mr. Garland and unanimously adopted. 203 204 BUDGET-PARKS AND PLAYGBOUNDS-GARBAGE BEMOVAL~ Mr, Nkeoler offered the following emergency Ordinance transferring $5,000 from the Contingency Fond to provide for emergency repairs to the City Incinerator: (z16573) AN ORDINANCE to aoead and reordaln Section o88. *Maintenance of City Property** and Section o166, 'Contingencles,* of the 1965-66 Appropriation O~dinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 28. page 321.) Hr. Nheeler moved the adoption of the Ordinance. The motion was seconded by MFo Pond and adopted by the following vote: AYES: Messra, Garland, Jones, Pood, Stoller, Nheeler and Mayor Dillard ............................... 6, NAYS: None ................ ~0. (Mr, Pollard absent) On motion of Mr, 5toller, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned, APPROVED ATTEST: COUNCIL, REGULAB I~r-TING, Monday. Aogost 9. 1965. Tke Council of the City of Roanoke met in regular meeting in the Council Chcmber in the Municipal Building. Monday. August 9. 1965. at 2 p.e** the regular meeting hour. mlth Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland. James E. Jones. Roy R. Pollard. Sr., Clarence E. Pond. Murray A. St,lief. Vincent S. Hheeler and Mayor Benton O. Dillard .................................. ?, ABSENT: Hone ..................O. OFFICERS PRESENT: Mr. Arthur S. Ouens. City Manager. Mr. James N. Hinccnon. City Attorney. and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting mas opened with a prayer by the Reverend C. M. Key. Director. Friendship Manor B,me for the Aged. HEARING OF CITIZENS UPON PUBLIC ~ATTKRS: SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids on the replacement of a portion of the 24-inch sanitary sewer on Heat Side Boulevard. N. N.. between Troutland Avenue and Green Spring Avenue. said proposals to be received by the City Clerk until 1:30 p.m** Monday. August 9. 1965. and to be opened at 2:00 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 C]~y Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read bids from Hudgins and Pace. in the amount of and Draper Construction Company in the amount of $18.840. Mr. St,lief moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council. the City Attorney to prepare the proper measure in accordance with the recommendation of the committee~ The motion was seconded by Mr. Pond and unanimously adopted. Mayor Dillard appointed Messrs. Murray A. Stoller. Chairman. Clarence Pond and Billiam F. Clark as members of the committee. PETITIONS AND COMMUNICATIONS: STATE fllOHHAYS: Council having adopted a Resolution requesting the Virginia Department Of Highways to landscape and beautify the approaches on major highways leading into the City Of Roanoke. the f,Il,ming communication from the Highway Department. setting forth its schedule for planting on R,at, Sill. 460 and 220. was before the body: *July 30, 1965 Ms. Virginia L. Sham City Clerk City of Roanoke Virginia Dear Ms. Shaw: Reference is made to your letter of July 22 transmitting a resolution adopted by the Council of the City of Roanoke. relative to planting on certain routes in and around Roanoke. 205 '206 Boete 5~1 is n port of the llterstute System iud. no such. will be plashed. He propose letting the contract so .that this. con be started this roll, . Route 460, east or Roanoke. was scheduled for planting in the foil or 1968. However. it mill be possible for us to begin this phntiag la the fall or 1966. Funds will not be available before then. 'Route 220 ~os scheduled ro~ planting in 1971. However. it way be possible for os to advance this so that we con et . least begin on it in the foil of 1966. I r~gret that we will be unable to help you at thi~ time with the preparation of the. plans for the planting of Routes 220. 460. and 599 within the City since we. ourselves. are seriously considering employing consultants to help us catch up with our present schedule. 5/ E. W. Turner Landscape Engineer' Hr. St,liar moved that the communication be filed and that Council express Its appreciation to the Virginia Department of Highways and the Roanoke Chamber of Commerce for steps taken toward landscaping and beautifying the approaches on major highways leading into the city. The motion was seconded by Hr. Wheeler and ZONING: A communication from Mr. Claude D. Carter. Attorney. representin9 the West*vet Development Corporation. requesting that a 3.SS4-acre tract of laud located between the right of way of the Norfolk and Western Railway Company and Burks Street. S. W.. north of West*vet Avenue. Official Tax No. 1520101. be fez*ned from General Residence District.to Special Residence District. was before Council. On motion of Mr. Pollard. seconded by Mr. St*lief and unanimously adopted. the request for rezoning was referred to the City Planning Commission for study. PENSIONS-POLICE DEPARTMENT-FIRE OEPART~NT: A communication from Major Frank H. Webb. Superintendent of Police. advising that Officer J. R. Nash has resigned from. the Police and Fire Pension Board and that the members of the Police Mayor Dillard called for nominations to fill the.vacancy. Mr. Stoller placed lo nomination the name of R. H. Garnet,. a member oF the Police and Fire Pension Hoard to fill-the vacancy created by the resignation of Patrolman J. M. Nash by the following vote: FOR SERGEANT GARNETS: Messrs. Garland. Jones. Pollard. Pond. Stoller. Wheeler and Mayor Dillard ....................... 7. REPORTS OF OFFICERS: BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written report. advising that it will cost $1.127 to repair and paint the Meat Inspection Center and that he has been informed by 1he Commissioner of Health that with the present condition existing ct the Neat InsPection Center there is certainly a large risk that the city is taking mhJch could develop into some kind of contamination of the product being processed and could lead to a food-bOrne disease out-break, Council raising the question as to whether or not the City Market Ruildin* could be used for the Meat Inspection Center, Mtn Jones moved that the matter be referred back to the City Manager for further study and. report to Council, The motion was seconded by Mr, Garland end unanimously adopted, BUDgET-LIBRARIES: Council having included in the 1965-66 budget o provision that no funds shall be expended for capital improvements or the purchase of equipment until January 1, 1966, the City Manager submitted n written report, recommending that since the Library Director cannot porchsse the automobile include in.his budget until that time an automobile allowance in the amount of $240 be restored to the budget. Mr. Smaller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance transferring $240 from the Contingency Fund: (~1~574) AR ORDINANCE to amend and reordain Section ~121, *Libraries," and Section n166, 'Contingencies," of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 28. page 326.) Mr. Smaller moved the adoption of the Ordinance, The motion wa's seconded by Mr. Garland and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard, Pond, Smaller, Nheeler and Mayor Oillard .......................... NAYS: None ..................O. BUDGET-PARKS AND'PLAYGROUNDS: The City Manager submitted a written report, advising that donations of $$0 from the Rarsteller Corporation and $100 from American Motor Inns, Incorporated, have been received for the Transportation Museum, and recommended that $150 be appropriated to the Transportation Ruseum account covering the donations. Mr. Smaller moved that Council concur in the recommendation of the City Manager and offered the follouin9 emergency Ordinance: (~16575) AN ORDINANCE to amend and reordain Section ~170. "Capital," of the 1965-66 Appropriation Ordinance, and providing for on emergency, (For full text of Ordinance, see Ordinance Book No, 28, page 326.) Mr, St*lieF moved the adoption of the Ordinance. Yhe motion was seconded by Mr, Wheeler and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, Pond, St*lief, Mheeler and Mayor Dillard .......................... ?. NAYS: None ...... ~ .......... O, BUDGET-PAY pLAN-PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Yhe Special Incinerator Committee having recommended that rather than having the City Incineruto 207 2O8 · nder the Jurisdiction of the S·perintendent of ief·se Collection and Disposal the operation of the city Incinerator be delegated to the Director of Public Works for engineering advice end overall s·pervision and that the daily operation of the incinerator be placed ·sder · neu Job classification, the City Manager s·bmitted a written report, recommending that the ~ncinerator Operator, Group 3, Step 5, ·t · salary or $357.06 per month, be promoted to the classification or Disposal Foreman. Grade 11. Step 6. at · salary of $385 per month. In this connection, Mr. Pond, Chairman of the Special Incinerator Committ advised that upon farther consideration of the matter the committee decided that the,Disposal Foreman should be responsible to the Superintendent of Refuse Collectlo and Disposal who, in turn, is responsible to the Director of Public Works. It appearing that the promotion does not create an additional position. Mr. Pond 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 ·nanimously adopted. BUDGET-PAT PLAN: The City Manager submitted the foil.mia9 report, recommending that he he authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: *Roanoke, Virginia August 9, 1965 To the City Council Roanoke, Virginia Gentlemen: The following employees are needed for the efficient operation of the City: Public Assistance (~52) - 2 Social Workers, Group l Street Cleaning Oirlston - 2 Disposal Laborers, Group 10 Refuse Collection and Disposal - 6'Disposal Laborers, Group 10 I Load Packer Driver, Group 6 City Clerk - Clerk-Stenographer, Group 15 Respectfully submitted, 5/ Arthur S. Owens City Manager' Mr. St*lief moved that Council concur in the recommendations of the City Manager and tha~ the matter be referred to tbe City tttorn~y for preparation of the proper measure.. The motion was seconded by Mr. ,Garland and unanimously adopted. LIBRARIES: fha City Manager submitted a written report, recommending that Randolph Frantz and Associates, Architects for the proposed new Raleigh. Court Branch Library, also be authorized to prepare drawings and specifications for all furnish- ings and equipment for the Branch ~ibrary, In a discussion of the matter, Hr. Garland, Chairman of the Raleigh Court Branch Library Committee, voiced the opinion that the Library Director would be better qualified to prepare the drawings and specifications for the furnishings and equipment. Mr. Nilliaw L. Mhltesideso Library Director° explained that he does not feel he can devote the amount of time to this aspect or the project as wes spent OR the Williamson Road Branch Library. Mr. Jones moved that the matter be referred to the Raleigh Court Branch Library Committee for study, report and recommendation to Council. The motion was seconded by Hr. Pond and unaoimously adopted. ' LIBRARIES: The City Manager sUbwitted a written report, advising that under the formula for allocating state aid the Roanoke Public Library is eligible to receive the amount Of $4.095 for the fiscal year 1965-66. that under the Library Services and Construction Act the Roanoke Public Library is eligible to receive the amount of $15.905 in federal aid funds for services for the fiscal year 1965-66. recommended that he be authorized to enter into an agreement with the Virginia State Library Board for th~ allotment of state aid funds, make application for the federal aid grant for services and execute e contract for the services with federal funds. In a discussion of the matter, the City Auditor advised Council that a minimum appropriation of $11.000 is necessary in order to obtain the state and federal grants in the total amount of $20.000. Hr. Evans B. Jessee. a member of the Roanoke Public Library Board. stated that the Library Board feels the total amount of $20,000 should be appropriated. After a further discussion of the matter, Mr. Jones and Ma/or Dillard objecting to appropriating any funds because of the financial condition of the city. Mr. Stoller moved that the City Attorney be directed to prepare the proper measures authorizing the City Maoeger to execute the agreements with the Virginia State Library Board for state and federa.l aid in the total amount of $20,000 and appro- priating $11,000 to the budget of the Roanoke Public Library. The motion was seconded by Mr. Garland and adopted, Mr. James and Mayor Dillard voting AIRPORT: The City Manager submitted a written report, recommending that the lease between Eugene Bass and Billie B. Bass and the City of Roanoke dated September 27, 1962, for a 2.4SS-acre tract of land at Roanoke Municipal (Moodrum) Airport at a rate of $100 per month be transferred to Mr. G. Shannon Hudgins, effective September 1, 1965. 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 pro,er measure. The motion was seconded by Mr. Wheeler and unanimously adopted. AIRPORT: Council having refer~ed to a committee'composed of Messrs. Robert A. Garland. Chairman, Clarence E. Pond and Vincent S. Wheeler a recommendatio of the Airport Committee that four hangars be constructed at Roanoke Municipal (Woodram) Airport for a study of the method 5f financing the construction Of the hangars and the rate structure for the rental of same, and having directed the City Manager to ascertain what kind of an agreement can be worked out with corporations and individuals desiring to rent the hangars for the construction of same, the City Manager submitted the following report: 209 210 ' "Roanoke, Virginia Aubuat 9, 1965 To the City Council Roanoke, Virginia the possibility or additional hangar space nt the Municipal Airport. This is becoming n critical need, if me are to keep abreast wllb the demands of air travel, freight services, etc. I hare received letters from eleven individuals and corporations, each signifying their willingness to pay $900 per year rent if hangar space is provided, or a total of $9,900. Rhereas, ! cannot assure this would be a permanent contract, nevertheless, it is an indication for the desire or rental space. ! mould like to recommend that you authorize $100,000 be borrowed from water department funds, whfck would enable the hangars to be constructed within the next several months. This would provide architectural fees (not to exceed 6 percent} and necessary construction funds to provide for the initiation of the project. We have reviewed the cost very carefully and are of the belief that the cost ns required will be between $80,000 and $100,000, I am satisfied the necessary funds are available for the loan. Respectfully submitted. S/ Arthur S. Owens City Manager' Mr. Jones moved that the report Of the City Manager be referred to the above committee for its information. The motion was seconded by Mr. Pollard and unanimously adopted. STREET LIGHTS-STAT£ HXGHWAYS: Council havin9 filed recommendations of th( Appalachian Power Company for street lighting facilities on Him Avenue and Virginia Route 24 from Jefferson Street to Seventh 5treat, S. E.. and having directed the City Manager to.seek to have the cost Of the lighting Jnstallationsincladed in the project for Route 24, the City Manager submitted a written report, advising that he bas been informed by the Virginia Department of Highways there is a possibility the Bureau of Public Roads may go along with the lighting over and under the proposed new Elm Avenue Bridge at Project expense, provided the City Of Roanoke sill agree to light the rest of Rim Avenue at the same time and at no cost to the project or state, the City Manager recommending that Council adopt a Resolution to this effect. Mr. Stoller moved that Conncil 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. STATE HIGHWAYS: The City Manager submitted a written report, recommending that he be authorized to acquire from L, R. Barbonr and Ella Campbell Rarbour a parcel of land and a temporary construction easement needed In connection with the improvement of Virginia State Route 24, and the residue of said land for other public purposes. Rt. Stellar moved that Council concur in the recommendation of the City Ranager and offered the following emergency Ordinance: (n16576) AH ORDINAHGE authorizing end directing the acquisition of a certain property and a temporary construction easement oeceasary for the Improvement aid construction of State i,ute No. 24. in the GI~; authorizing the purchase of the residue or said property for other public purposes; authorizing the City Manager to make to the owners thereof on offer rot the Gity*s purchase of said property; providing rot the acquisition of that part or the property needed for State Route No. 24 by cohdemnetlon, under certain'circumstances, end rot a right cf entry thereon; and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 28. page 32?.) Mr. St,lief moved the adoption of the Ordinance. The notion was seconded by Mr. Pollard and adopted by the following vote: AY£S: Messrs. Garland. Jones. Pollard. Pond. St,lief. Rheeler and Mayor Dillard .......................... ?. NAYS: None ..................O. POLICE DEPARTI~NT-FIRE DE PARVI~NV: The City Manager submitted the f,Il,ming report on changes in personnel of the Police Department and Fire Departmen~ for the month of July. 196S: "Roanoke. Virginia August 9. 1965 To the City Council Roanoke. Virginia Gentlemen: The following fs the status of the police and fire depart- meats as of August 1. *Fire Department *During the month of July 1965 the following personnel changes occurred in the Fire Department: Retirement; Captain Ralph L. Stinnett Dismissal: Fireman Roodrow N. Hale Employed: Nelson #o Moore *On this date there is one vacancy in the Fire Department** *Police Department *The following persons resigned in the police department during the month of July. 1965: Stephen J,bm Handy Roy M. Hemmer *There were no appointments during the month Of Respectfully submitted. S/ Arthur S. Owens City Manager# On motion of Mr. Stollero seconded by Mr. Pollard and unanimously adopted, the report was filed. AUDITS-SCHOOLS: The City Auditor submitted a report on an examination of the Patrick Henry Senior High School Activities Fund for the year ended June 30. 1965. stating that it presents fairly the financial condition of the fund at the end of the audit period. 212 Mr, Stellar moved that the report be received and filed. The motion was seconded by Mr, Garland and unanimously adopted. STAI~ HIGURAYS: Counoil having referred to the City Planning ¢ommAssloo for studye report nnd recommendation the request of the Meant Pleascnt, Coopers Cove, Ioyflower Bills and Red Valley Civic Clubs that the portion of Virginia Route 116 within the corporate limits of the City of Roanoke, knomn ns Mount Pleasant Boulevard, S, K,, be improved, the City Planning Commission ~nbmitted the followlng report, recommending that Council give consideration to widening and'Improving the existing two-lane highway at the earliest possible date from Rlverland Road to the city limits: 'Aogost S. 1965 The Honorable Benton O, Dillard. Mayor and Members of the City Council Roanoke, Virginia Gentlemen: The City Planning Commission at its regular meeting on August 4. 1965 heard representatives of the above-mentioned civic groups request improvement of Mount Pleasant Boulevard, S. E. These groups cited hazardous traffic conditions, increasingly higher traffic counts and specifically increased traffic to Smith Mountain Lake. City Eng~heer. William F. Clark, indicated that difficulties Jn acquiring rights-of-way and solid rock banks on some portions of the route were problems in improving Mount Pleasant Doulevard. Be nuggested that some priority might be given to thin under- taking in the Capital Improvements Program. It was pointed out that Va. Rt. 116 is scheduled for 4-1anOn9 during the 1975-1980 priority period in the Major Highway Plan. Members of the Plannin9 Commission generally agreed with most of the arguments presented. The City Planning Commission, therefore, recommends that City Councll give Conslderatlon to widening end improving the existing 2-lane highmay at the earliest possible date from Riverland Read to the City limits. : Very truly yours, S/ Dexter N, Smith for B. N, Eubank B, N. Eubank Vice-Chairman~ In this connection. Mr. Prince E. Thornton appeared before Council and urged that the highway be widened and improved without delay because of increased traffic to Smith Mountain Lake and hazardous traffic conditions. After a discussion of the matter, the City Manager advising that he hopes to take some of the curves out of the road with city forces during the month of August and Mr. Jonah pointing out that there are other routes to Smith Mountain Lake, Mr. Stoller moved that the recommendation of the City Planning Commission be referred to the Advisory Committee appointed to assist the City Planning Commission in the preparation of a Master Capital Inproveme~t Program for the City of Roanoke for its information. 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. Howard E. Sigmon that property located on Sweetbrier Avenue and Hollowell Avenue, S, M.. between Strother Road and Buckner Street. described as Lots 1, 2, 3, 23. 24 end 25, Block 8, Corbieshaw Map. Official rex Nos. 1651001, 1651002, 1651003. 1651016. 1651015 nnd 1~51014, he rezoned from General iesldecce District to Special Residence District. the City Planning Cos- mission submitted u Written report, recoutendlng that the request be denied, In this connection, n communication from Mr. Claude D. Carter. Attorney. representing Mr. Signori. requesting a public hearing, wes before Council. Mr, 5toller moved that n public hearing on the matter be h~ld nt 2:00 pom,, September 20. 1965, The motion mas seconded by Mr. Pond and ueaniuously adopted. REPORTS OF COMMITTK~S: MA~fKR DEPARTIfE~T-SKMERS AND STORM DRAINS: The committee appointed to study water and sewer rates presently imposed by the City of Roanoke on non-resident users submitted the following report: 'August 9. 1965 Honorable Mayor and Council of the City of Roanoke: Report of Mater and Sewer Rates Committee. Gentlemen: The undersigned committee mas appointed by Resolution bo. 16123 adopted November 16, 1964. Me were to study the water and sewer rates presently imposed by the City on non-resident users, and to report to Council what, if any, changes we concluded should be made in rates, procedure, etc. On January 7, 1965. we recommended and you accepted the principle producing and 6elivering the water used by them. Similarly, we recommended and on February 23, 1965, yon directed OS to attempt to renegotiate the sewer contracts with the County of Roanoke and Town of Salem, and you approved a contract by which they would pay the actual cost of treating the sewage, including non-operating as well as operating costs. Me bare furnished you statements prepared by the City Auditor showing actual costs per million gallons for 1964 of water to be $373.H9, for which Vinton paid us $118,82; Hollins College, $164.18; General Electric. $117.91; and Roanoke Electric Steel. $118,27, Mater van also furnished 2,833 individual customers at the regular City rate plus $0~ surcharge. Revenue from these individual customers wan $179,256. Tour committee submits that the four large users should pay the actual cost. Me held meetings with the Council of the Tomo of Vinton and they were willing to pay double their present rate. Their distributing cost was computed by the City Auditor and we recommend they pay actual cost $373 less $53 p.m.g, distributing cost since they distribute through their lines, a net charge of $320 p.m.g. Me met with Roanoke Electric Steel and they conceded that there was little they could do bat pay the cost, Their use is industrial and they do not actually need treated water, but they have no Hollins College representatives with whom we met told us they believe the City has recognized thelr~*riRht* to a preferential rate because company, a 1925 deed containing this provision, and because they are a non-profit organization and valnable*to our community. Me agree they are valuable but are Ofrthe opinion the City.is not bound by the agreement, this being an express holding cf the Supreme Court of Appeals in the Vinton case when a similar claim was made. We do not acknowledge that the City has irrevocably recognized any Such aright* Me believe we should not delay farther the'institution Of new and informally discussing the reason for the rate increases. 214 In faceit years large sums bqve been e.xpeeded by the City for the secsrit~ or the surplus mater we furnish our non-resident neighbors. We believe new kites should reflect these end the increased costs of producing sod delivering the mater. Muter Rate Recommendation gffective October 1'. 1965. the rate charged 'non-resident consumers be the regular City sate plus 100~ surcharge. This should yield $60.000. over present revenues. Effective October 1. 1965. the rate charged the Town of ¥ieton should be $320 p.m.g** and the rate charged iounohe Electric Steel. Hollins College end General Electric should be $373 p.m.g. The rate should be revised annually. based on the operating results for the preceding year. for the four large users. On February 24 ten copies each of the proposed new sewage treatment contract mas sent to the County end to Salem. On March 9. Mr. Llpes wrote that he bad distributed them to the members of the Board Of Supervisors. Commonwealthes Attorney and Chairman and members of the Roanoke County Sanitation Authority. On March 30. Mayor Shanh wrote that distribution had been made to their Toun Attorney and Council. Each presiding officer stated me would be advised of any action taken or developments. Me have heard nothing further. Me bore furnished you the statement prepared by the City Auditor showing the actual cost p.m.g, of treating sewage in 1964 to be $80.79; the operating cost $53.23. The contract rate is $35.10. The City's cost $90.000. exceeded its revenue $39.000 by $51,000 for sewage treated for Salem in 1964. The loss on the County treatment mas $31.O00. A memorandum furnished by the City Auditor compares the sewage treatment charges to City and County customers. Rased on the average monthly water consumption of 800 cubic feet or 6.000 gallons (0.006 million gallons) the City collects from the average City resident $1.27 monthly sewage treatment fee, From the average County resident, the City collects $0.21 per month. Computation: County Customer Pays to County Sanitation Authority $3.00 Authority pays City $35.10 p.m.g, x .006 ,21 Net to County Sanitation Authority $2.79 City Customer Mater bill - monthly rate for 800 cubic feet $3.17 Seaage treatment 40~ 1,27 Sewer Rate Recommendation Suit should be filed to adjust the contract rate to the actual cost. Re acknowledge the assistance of the City Managert City Auditor and Manager of the Rater Repartment. Respectfully submitted, S~ Robert A, Garland Robert A. Garland S~ James Et Jones James E. Jones S~ MUrray A? Stoller Murray A* Stoller. Chairman Addendum: Loss on water to large users in 1964. General Roanohe Vinton H,Ilium Electric Electric Total Cost $53,000 $10,000 $58,000 $55,000 $176,000 Revenue 16,000 4,000 18,000 17,000 55,000 Loss S37.000 $ 6,000 $40,000 $38.000 $121,000~ In a discussion of the matter, Mr. Jones cited capital improvements made by the City of Roanoke with regard to its mater system and sewage treatment program as Justification for signingthe report of the committee. Other members of Council voiced the opiuJoc that the body es n whole should meet with those effected bythe recommendations or the committee before reaching a Yiuel decision on amid reoowweadetJoas.~ Hr, Stoller moved that the report of the committee be approved and accepted, The motion mas seconded by Mr, Garland end enaefmoesly adopted, Mslor Dillard stated that bI accepting the report or the committee Council fs fa a position to negotiate math the interested parties, Rro Smaller stated that the committee spent seven monthsnegotlatiag math the interested parties, that cost of thew would eot give In at ell, and moved that the City Attorney be directed to prepare the proper measures providing rot the recommended water rates effective October 1. 1965, and the filing of a suit to adjust the sewage treatment contract rate to the actual cost. The motion was seconded.by Hr. Garland, Mr. Pollard offered a substitute motion that Council acting as a cocmittee of the whole attempt to arrange a meeting with the interested parties within the next two weeks for the purpose of negotiating, the water and sewer rates recoumended by the committee, The motion was seconded by Hr. Nheeler and adopted by the following vote: AYES: Ressrs. Pollard. Pond. Nheeler and Ma~or Dillard ................4. NAYS: Ressrs, Garland, Jones and Stoller .............................. 3, UNFINISHED BUSINESS: NON~. CONSIDERATION OF GLAIRS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLOTIONS: ZONING: Ordinance No. 16547, rezoning property located os the south side of Melrose Avenue, N. N., between Thirty-fifth Streetaad Thirty-first Street, described as Lot S and part of Lots 6. ? and 8, Tract fl. ~arkley Rap, Official Tax Nos. 2660414, 2660413, 2660412 and 2660411, iron Dusiness District to Light Industri District, having previously been before Council for its firs~ reading, read and laid over, was again before the body, In this connection, Rr. Earl A. Fitzpatrick, Attorney. representing the Roacohe Nehi Bottling Corporation, appeared before Council and presented a communi- cation from the petitioner confirming statements made by Rt. Fitzpatrich at the public hearing on rezoning with regard to the beautification of the 9rounds around its proposed new bottling plant. Mr. Pollard moved that the commuaicationbe filed. The motion was seconded by Mr. Pond and unanimously adopted. Rt. Stoller then offered the following Ordinance for its second reading end final adoption: (=16547) 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. 28, page 322°) 216 Mr. St,lief moved the adoption of the OrdJnnaceo The motion mos seconded by #Fo Wheeler nad adopted by the f,Il,ming vote: AYES: Heists. Garland. Jones, Pollard0 P,id. St,lieF. Wheeler and Mayor Dillard .......................... NAYS: None .................. O. SALE OF PROPERTY: Ordinance No. 16562. providing for the sale of property located on the a,yah side~of Salem Avenue. S, N** east or Boulevard, described as Lot 23. Block 43. West End and River Viem. Official Tax No. 1311218. to We. Fred P. Bulling,on. or his designee, for a consideration of $1.900 net. having previously been before Council for its first rending, read and laid over. nas again before the body. MF. St,lieF offering the following for Its second reading and final adoption: (a16562) AN ORBINAHCE authorizing the sale and conveyance of Lot Block 43. according to the nap of the Rest End and River ¥1em Land Company. Official No. 1311216. upon certain terns and conditions, to Fred P. Bailing,on. or his designee. (For full text of Ordinance. see Ordinance Book No. 26. page 323.) Mr. St,lief moved the adoption of the Ordinance. The notion was seconded by Er. Wheeler and adopted by the f,Il,wing vote: AYES: Nessrs. Garland. Jones. Pollard. Pond. St,lief. Mheeler and Mayor Dillard .......................... T. NAYB: None .................. O, SCHOOLS: Ordinance No. 16570, conveying to Virginia Polytechnic Institute a tract of land located on the south side Of Colonial Avenue. S. W.. adjacent to the Roanoke Technical Institute, for expansion of R. T. I., having previously been before Council for its first reading, read and laid over. was again before the body. Mr. Pond offering the f,Il,win9 for its second reading and final adoption: (~16570) AN ORDINANCE authorizing and directing the proper City officials to prepare, execute and deliver a deed conveying to the Board of Visitors of the Virginia Polytechnic Institute 18.23-acres of land, more or less, comprising the easterly residue of the City Farm that is located On the southerly side of Colonial Avenue, S. M., upon caF,aim terms and conditions. (For full text of Ordinance, see Ordinance Book No. 28, page 324.) Mr. Pond moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYHS: Messes. Garland, Jones, Pollard, Pond. St.lieF, Wheeler and Mayor Dillard .............................. 7. NAYS: None .................Oo BUDGET-MUNICIPAL BUILDING: Council havin9 directed the City Attorney to prepare t~e proper measure extending the contract of Bud Weaver Heating and Air Conditioning Company for furnishing and installing certain air conditioning and ventilation systems in the Municipal Bnlldingin the amount of $1,697, he presented same; whereupon, Mr. St.lief offered the following emergency Ordinance: (mi65TT) AN ORDINANCK outhorlzimg a change order to the City*s contract ulth Bud Hearer Renting nad Air Conditioning Company relating to certain air cos- dilionfng fmprovememtc fn the #cnlcipal Ruildiag; nad providing for an emergency° (For full text of Ordinance, see Ordinance Rook No. 20, page 329.) Mr, Stoller moved the adoption of the Ordinance. The motion.mas seconded by Pr. Pond and adopted by the following vote: AYES: Hessrs. Garland, Jones, Pollard, Pond, Stoller. Wheeler and Mayor Dillard .......................... 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; mhereupon. Mr. Stoller offered the follomlng Resolution: (m16578) A RBSOLUTION authorizing the City Manager to employ ceFtain personnel. (For full text of Resolution. see Resolution Book No. 28, page 330.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the folloming vote: AYES: lessrs. Garland, Jones, Pollard. Pond, Stoller. Wheeler and Mayor Dillard ......................... NAYS: None .................O. SEI~RS AND STORH DRAINS: Council baring directed the City Attorney to prepare the proper measure authorizing the establishment and operation of additional stream sampling stations to provide for an extension of the stream testing program of the City of Roanoke, he presented same; whereupon, Mr. Stoller moved that the folloming Ordinance be placed upon its first reading: (m16579) AN ORDINANCE authorizing the establishment and operation of cartain additional stream sampling stations in extension of the City*s stream sampling program. MHEREAS, a revised and extended stream sampling program has been recommend to the Council by the State Pater Control Board la order to better locate, control and eliminate sources of maste mater discharges and causes of pollution in the streams and rivers flomin9 in and,through the City. such extended program to require the acquisition of certain additional laboratory supplies, a vehicle for use in collecting samples and as,a field laboratory, and the services of a laboratory technician, the total cost of mhich is estimated to amount of $10.B90 for the first year of snob extended program; and WHEREAS. funds sufficient to pay the City*s cost of all of the foregoing ar~ available in the City*s Sewage Treatment Account and have been appropriated for the foregoing purpose and. for the immediate preservation of the public health and safety, an emergency is declared to exist in order that this ordinance take effect upon its passage.. 2:i7 2:1.8 THEREFORE, HE IT ORDAIMSD by the Council or the City or,ioaaoRe that the City Haaoger bet and he is hereby authorized ·nd directed to establish three oddi- tlqnsl stream stapling stations, to be operated on · year-round basis, ands also, four other or additional stream stapling stations to be operated during manner months, only, at such points or places as may be mutually agreed to or.decided upon by the City Manager smd the State Mater Control Roord, or duly authorized repre- sentatives thereof;,a·d said,City ~snager is further authorized ·nd directed to proceed to acquire for the City tn the manner required by tau the additional equip- menS, supplies and personnel necessary to properly operate and maintain said Station the cost thereof for the current year to be paid Out of funds appropriuted_~or the purpose from the City*s Sewage Treatment Fund. HE IT FURTHER.OROAINKD that, an emergency existing, this ordinance shall be in force and effect upon its passage. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Fond. Stoller. Wheeler and Mayor Dillard ........................... 7, ~AfS: None ................... PURCHASE OF PROPERTY-STATE HIGHWAYS-STREETS A~D ALLEYS: Council having directed the City A~torney to prepare the p~oper m~asnre authorizing.the acquisition of approximately 665,4-square feet of laud at the southeast corner of Wells Avenue and ~econd Street, N. E.. from Ressra. Yalmage E. Roberts and William J. Roberts for the sum of ~1,287.34, for street widening purposes, and the conveyance of approximately 21.73 square feet of adjacent land situate on the east line of Second Street, N. E.. by the City of Roanoke to Messrs. Talmage E, Roberts and William J. Roberts. he presented same; Mhereupon. Mr. 5toller moved that the following Ordinance be placed upon its first reading: (z16580) AN ORDINANCE authorizing the acquisition of approximately 665.4 square feet of land at the southeast corner of Mells Avenue, N. K. and 2nd Street. N. E., in consideration of $1287.34 and the City*s conveyance of approximately 21.73 square feet of adjacent laud situate on the east line of 2nd Street, WHEREAS, for the proper constr·ctJon of the City*s Rails Avenue Project, it is necessary that the City acquire in fee simple the 665.4-square foot parcel of laud hereinafter described and the o~ners thereof. Messrs. Talmage E. Roberts and William J. Roberts. have offered to sell and convey the same to the City upon the terms and provisions hereinafter set forth and authorized. ·nd the value of said properties having,been appraised, the City Manager has recommended that the offer of said owners be accepted. THRREFORE, HE XT 0RDAIERD by the Council of the City of ·Roanoke that the proper City officials be, and they are hereby authorized and directed to acquire. for and on behalf of the City, from Messrs. Talmage E. Roberts and MJlliam J. Roberts, owners thereof, that certain 665.4-square foot parcel Of land situate ·t the southeast corner of Wells Avenue, N. E. and 2nd Street, N. E., and being ·n easterly part of Lot ?, Ward 4, according to tke gap of the Roanoke L.l. ld Impr0vemeni Company, in consider·tiaa of the Cltyts payment to said owners of ~the cash saw of $1267.34, together with the Cltyos conveyance to said ~a~mage E..Roberts and William J. Roberts of all or the City,s,right, title and. interest in and to u certain 21.?3-square foot parcel or land adjacent to said 665.4.-square foQt per.c,el of lend, above-mentioned, situate on Lhe east side o! 2nd Street, N. E., end being · part of Official Wa. 3013701, each of the.aforesaid parcels of teed ~eing as shown on · copy of Plan No. 4063-A, prepared in the office of the City Engineer under date of May 11, i965, and on file in the said office and in the office of the City Clerk. B~ IT FURTHER ORDAINED that, upon delivery Lo the City of- a good and sufficient deed of conveyance conveying to the City the unencuobered fee simple till to the 665.4-square foot parcel Of land aforesaid, approved as Lo form and execution by the City Attorney, Lhe City Auditor shall be and is hereby authorized and directe( to issue the Cityts check payable Lo Messrs. Talmage £. Roberts and #llliaw J. Roberts, or as directed by the City Attorney, in the sum of $1287.34, and the Mayor and the City Clerk are authorized and directed to execute and acknowledge a deed of conveyance drawn and approved by the City Attorney conveyleg to said Talmage Roberts and William J. Roberts all of the City's right, title and interest in and to the-above-described 21.?3-square foot parcel of land; and thereupon the City Attorney shall be and is authorized and directed to make prope,r delivery of the City*s said check'and deed of'conveyance in conformity with the offer, of said owners bereinabove mentioned. T~e motion was seconded by Mr, Wheeler and adopted by, the following vote: AYES: Messrs. Garland. Jones, Pollard, Pond, Stellar, Mheeler and Mayor Dillard ......................... ?. NAYS: None-L-~ .... ~ .......... O, 'SEWER ASSESSI~NTS: Council having directed the City Attorney to prepare the proper me~sure'authorizing the release of a Sewer Assessment against Lot 9. Block 9. Roanoke Land and Improvement Company, in the amount of $20.24, with interes from June i, 1926. he presented same; whereupon,' Mr. Stellar offered the following Resolution: (m16591) A RESOLUTION directing the release of the lien of a sewer assessment On Lot 9, Block'9. according to the map of Roanoke Land and Improvement Company, made in the name of Edward Quinn. (For full text of Resolution. see Resolution Book No. 28, page 331.) 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, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: None~ .................O. 219 22O ' ~IBRARIES~ Coitiil kiting directed tke City Attorney to prepare the proper measure'approving'preliminary drawings for'the'proposed new Raleigh Court Branch ~Jbroryo' he presented same.' ~' ~ In'this conaectIoi. #r. 'Gnrland."Chairmhn of the Raleigh Co~rt Brauch Library Committee.'presented the preliminary'drawings and verbally reported that the hev~ been approved.by his committee. Hr. Garland then off,red the'following Resolution approving the preliminer drawings: (~16582)- A RESOLUTION approving certain preliminary drnmiags prepared for the Cityes proposed new Raleigh Court Rranch Library. (Par full text of Resolution. sen'Resolution Boot No. 20. page 331.) #F. Garland moved the adoption of the Resolution. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: '~essrs. Garland,' Jones, Pollard, Pond, Stolle~, Rheeler and Mayor Dillard .......................... ?. NAYS: None .................. O. NOTIONS AND MISCELLAIiEOUS BUSIneSS: TAXES: Rt. Garland read the fall*win9 statement with regard to increasing the utility tax from twelve per cent to fifteen' per cent: ~Before me consider my proposal to raise the utility tax, lets try to dismiss from our minds whether or not we will have a s'ales tax, or whether br not the citizens of the city of Roanoke mill vote a referendum for the auditorium-coliseum as to itt relatio~sh'ip in the increase o'f utility taxes, Neither sider first our immediate and present needs for monies. There is no disagreement among us concerning the need for money--the only ~lsagreement lies in the method and the source to get it from, Tm sabstantiate this, one only needs to look at our operating statement for the first six months and see that we operated at a $447,000 def,icit, As all of yom know, the budget is already trimmed to a minimum; this council having to take out many items that had been proposed and needed and in some instances that had been promised. The council has already been faced with pressing eqalpment needs-- things that are needed this year that cannot be put off, I am sore that all of you will agree that there will be other requests, . Most of us are milling to spendmoney farthings that give us' pleasure and satisfaction, and resent money that goes for things that do not, In this category Comes =oney spent £or medical services and taxes, A person will willingly pay $6,00 for a bottle of Scotch whiskey but will resent having to pay $5,00 for a prescription or some other essential service. Taxes are a form of prescription, in that they are necessary if we are to avoid municipal misfortune, The most expensive thing in the world for this city to 'have Is a cheap police department ora cheap school system or cheap program for the young people of the city. ~e are faced with a crisis of rising costs in city government and capital improvements which everyone'wants b~t which'have been put *fY for a generation or more, Nhen ! first ran for City ConncJl over three years ago, I stood for giving Roanoke economical gsvern- meat but I also stood for no compromise on the primary needs of City Government, At that time*! advocated~an increase in real estate. ' taxes in order to teep Roan*tn from becoming a second-class city, This was not pop~lar politically bna the people elected me spite of that because, pr*sum*ably they understood that City Government had responsibilities which could not safely be neglected, I hope that they understand that this is still t~ue, In lg62 this taxes by 20~. At that time I mas ogalast it aDd I voted ogolnst it becouse I knew that this mosey mould eveotually be Deeded gad at last It has caught up with us again, Anyway, this council. by a vote of 5 to 2 reduced the utility tax end ia so doing reduced the city's reveoae by approximately $365,000 a year, Approximately S1,000 per day, Even so, by increasing the real estate tax, it gave us the money we needed at the time iud enabled us to tackle a few of the neglected problems, Hut rising costs of city government have put as back where me uere in 1962, olthough the situation Is nat nearly so critical as it was then, The proposition to raise the utility tax 3~ will give us the money me need n_~ to restore some of the Items that mere token oat of the budget such os additional blacktopping and other items too numerous to mention here, And I sm sure that ail Of you here on this council realize that there will be something to come up here before this council every week that will be outside of the budget-- things that we will unquestionably need, The in'reuse of 3~ On the utility tax mill /all equally on business, industry, home owners and non-home owners. Althougb I am sure that there will be some on this council that will disagree with me, I feel it is the fairest of all our taxes. It would eot affect anyone drastically; the additional tax on the average house- holder would be no more that ,25~ to ,3§t a month, Is this not reasonable to keep the city of Roanoke In the black and allow us the latitude me need for emergencies that cone up from tine to time? This tax increase will cost me personally at least $50.00 a month yet 1 realize that this is part Of the price that I must pay for a healthy City Government, It has been suggested that this small increase in the utility tax will cause industry not to locate in the City of Roanoke. I on by no means convinced of this and I cannot believe that an industry really desirous of locating in Roanoke mould be deterred by this. They, like you and I, must necessarily pay their share of the tax burden. And, are we likely to 9et any industries that are not specifically desirous of locating in Roanoke. Our land available for industrial use is terribly limited anymay so I cannot think that this is much of a problem, Furthermore, let us compare this 15~ mith some of the cities and towns throughout the Commonwealth. and would any fair minded person consider It exorbitant. Me have in Hampton, itaunton and Buena Vista, not a 15~ utility ~xbut a 20~ utility tax. In the following cities; Waynesboro, Norfolk. Portsmouth, Chesapeake and Petersburg, we have a 1S~ utility tax. Wer~ any of these cities or tomns de.t~red by this increase in utility taxes? It is a good chance that the General Assembly is going to institute a sales tax. If not that, at least allow local options and this small increase will tide us until then. Gentlemen of the Council, me were elected by the voters to use good Judgment in attending to the needs of the City of Roanoke. This 3~ utility tax increase is the thing to do now by every reasonable test--it will provide us sufficient revenue for our present needs; It will fall equally on all sections of our population; it is small enough not to be resented; and it will not harm the general welfare of the City as other taxes might. I do not propose it because I like doing it. Imposition of taxes is always unpopular but I pro- pose it because it is necessary and it is Just. So really, gentlemen, we should not defer this tax another day for every day we do. it is costing the city approximately $1.000 and its money me desparately need. I mill therefore offer the ordinance which has been prepared for us making the effective day September Isa, 1965." Appearing in opposition to the proposed increase in the utility tax were Messrs, John C. Parrott. President, Roanoke Gas Company, Arthur T. Kllett, Vice President, Roanoke Gas Company, C. L. Mhitehnrst, Jr., Manager, The Chesapeake and Potomac Telephone Company of Virginia, John N. Vuughan. Assistant Division Hanager, Appalachian Power Company, and V. S. Denny. In a discussion of the matter, other members of Council indicated they would support the increase in the utility tax if it is not made effective until October 1, 1965, but that they still do not feel it is the answer to the mhole problem. 221 22.2 Mr, Jones stated that he does not disagree that the city needs additional revenue, that the real estate tax is about os high as It cnn go, hut that he feels Council should defer action on the utility tax until it is ascertained mhethor or not the 1966 ~eneral Assembly is going to authorize a sales tax, and moved that the effective date of the proposed increase in ~tllity taxes be March 1, 1966, The motion failed for lack of a second, After n further discussion of the nattero Mr. Garland reluctantly agreed to an effective date of October l, 1965, end offered the follomlng emergency Ordinance: (u16585} AN ORDINANCE to amend and reordnin Sec. 2e. tAnount of tax; to be paid by purchaser** of Ghapter 3** °Utility Service Tax*, of Title ¥I.. *Taxation** of The Code of the Glty of Roanoke, 1956o as heretofore amended~ pro- viding an effective date for this ordinance; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20. page 332.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the follouing vote: AYES: #easts. Garland, Pollard. Pond. Stoller. Wheeler and Mayor Dillard ........................................ 6. NAYS: Mr. Jones ..................... 1. On motion of Mr. Jones, seconded by Mr. Garland and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: ayor COUNCIL, REGULAR MEETING. Monday, August 16, 1965. The Council of the City or Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, August 16, 1965, ut 2 p.m., the regular meeting hour, uith Mayor Dillard presiding. PRESENT: Councilmen Robert A, Garland, Janet E. Jones, Roy R. Pollnrd, Sr., Clarence E. Pond, Murray A. Stoller, ¥1ucent S. Wheeler nad Mayor Benton O. Dillard .......................................... Y. ABSENT: None ..........................O. OFFICERS pRESENT: Mr. Arthur S. Omens, City Manager, Mr. James N. Eincauon, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting mos opened with n prayer by the Reverend C. A. Eearus, Pastor, Firth Avenue Presbyterian Church. MINUTES: Copies of the minutes of the regular meeting held on Monday. July 12, 1965. and the special meeting held on Wednesday, July 14, 1965, having been furnished each member of Council, on motion of Mr. Stoller, seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed nith and the minute~ approved as recorded. HEARING OF CITIZENS UFON PUBLXC MATTERS: STREETS AND ALLEYS: Council having previously set a public hearing for 2 p.m., Monday, Au§u t 16, 1965, On the request of John Jo Russell, Bishop of the Roman Catholic Diocese of Richmond, that Harrison Avenue, N. M., betmeen Jefferson before the body. In this connection, the folloming communication from the City Plunulng "July H, 1965 The Honorable Benton O. Dillard, Mayor and Members Of City Council Roanohe, Virginia Gentlemen: At its regular meeting of July ?, 1965 the City Planning Commission connidered this street closing request. The petitioners submitted that the subject portion of Harrison proximity to a higher density area, problems of sanitation Having duly made field inspection, the Planning Commission concluded that the subject portion of Harrison Avenue is not included in the Major Highway Plan. However. all utility companies, including the City Mater Department, have facilities located in this right-of-may and the closing of this street can be effected only mith the proviso that no structure be 223 224 The City Plooofeg COiBISSlOO recoumend8 to City Council thor the chore described portion of Horrlson A~eene be vucnted, discontinued ,end closed, the City retaining ecseuents rot public utilities. Sincerely yours, S! Wereer E, Sensboeh ~enry B. Boynton Council huvieg appointed viewers in connection uith the epplicution, the (~16584) AN ORDINANCE enacted pursuaut to the provisions of §15.1-364 of the Code of Virginia of 1450 ns suended to date, providing for vacating, pursuant to the provisions of §15.1-364 of the Code of Virginia of lgSO as nnended 6 MREREAS, the Council of the City of Roanoke caused · public hearing to be held aa the question after publication of the ·alice thereof, and at mblch hearing opportunity to be heard both for and against the requestl and RHEREAS, this Council, after considering the evidence submitted, is of the opimio· that vacating that portion of Harrison Ave·ne. more folly described herein- after, mill not abridge or destroy uny of the rights and privileges of ·ny person, firm, or corporation, and that no inconvenience mould res·It to anyone therefrom, and Is further of the apl·ia· that the request of the said petition should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain undeveloped and unimproved portion of Harrison Avenue, N. W., approximately 60 feet in mJdth, and extending in · westerly direction from North Jefferson Street to Oainsboro Road. N. R., situated in the City of Roanoke, State of Virginia. be permanently vacated, discontinued, and closed as provided by §!$.1-364 of the Code of Virginia of 1950 as amended to date, and in accordance Mith the law in such case made and provided, and that 011 right, title, and interest in the City of Roanoke and the public is hereby released insofar as the Council is eupouered to do so. the City of Roanoke. homever, reserving unto itself an easement in said property for anl located in ~aid street, together mith the right of ingress and egress for the maintenance, repair, and construction Of any such lines or improvements, and provid* that no perm·neat buildings or structure be erected thereon so long as such mater BE 1T FURTHER ORDAINED by the Council Of the City of Roanohe that · certified copy of this Ordinance he delivered by the City Clerk to the Clerk of the Hustings Court Of the City of Roanoke, Virginb, and to the City Engineer of the CJt of Roanoke, Virginia, and that the City Engineer of Roanoke, Virginia. make appropriate notation of the vacation herein approved on the Official Map Of the Cit of Roanoke.' The motion mas seconded by Mr. Wheeler ·nd adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, Stoller, Wheeler and Mayor Dill·rd ......................................... 7. NAYS: None ...........................O. HOUSING-SLUR CLEARANCE: Council having approved · request for planning funds from the federal government by the City of Roanoke Redevelopment and Housing Authority to defray costs of preliminary planning on 300 units of Iai-rent public housing, Mr. William S. Habard, Chairman of the Redevelopment and Housing Authority appeared before the body and presented the folloming communication, transmitting · comprehensive plan for 105 of the dwelling units proposed to be co~ trncted in an area meat of Hurt Pork Elementary School, with the request that Council approve the plan ·nd authorize the additional low-rent housing: 225 226 #Aagost 12, 1965 #cubers of City COuncil City of Rosooke Roanoke. Virginia Gentleuen: The City Couocil. in July. 1964. approved planning ret 300 doelling units or lee-rent public housing end authorized the City er Roanoke Redevelopuent and Housing Authority to proceed submission to City Council. than 210 individuals smd families aha may be displaced fret the proposed ~lnball RedeJelopseot ProJect. Also, there ore our existing Housing ProJects. and April, 196B. By $/ Wu. S. Hnhnrd Elementary S~ ool. 227 Hr. J. M. Bosuell sppesred before Council in opposition to epprovsl of tbs proposed project end requested tbut the body ut least cull for un advisory rereresdum au the question. Mrs. M. G. Raison, Jr., rend the rolloniug prepared statement expressing the opinion abut an edeiaory referendum should be held on the question: 'August 16, 1965 To Roanoke City Council In 1951 Federal Housing wes voted down in the City of Roanoke and I believe Rounohe taxpayers should be given the opportunity to express their sentiments onthe ~ceatly proposed plum for u Federal Aulhorlty for redevelopment of t~ureu beginning ut 18th and Salem Avenue or thereabout. The Federal Government cannot grant any ioney that is not first contributed by state or local taxpayers, end cost of admin~ tritium by the federal government is added to the grm t (not us' such but i'm hidden taxes). In addition, restrictions can be and often are. imposed on the use of nhutever the funds mere designated for. Going ba~k to the uJshes of the taxpayers, the proposed financing of the proposed civic center on the rucunt lead on the Roanoke Redevelopment ProJect site, is on endeavor to force the citizenry to pay for the three-times-voted-dorm-location civic center. On'the occassion of the lust rejection by the taxpayers, the cost of the site (half n million dollars) was miraculously and conveniently found in the city treasury. RerentJy, the rate of taxation on utilities has been increased by council to make up u lack in city funds (which lack mould not have existed if the $500,000 had not been extracted to purchase the site). When the luck In city funds has been taken care of. it is proposed that the increase in utilities taxes can be used to finance the proposed civic center to circumvent the expressed wishes of the people. I am not against a ~Ivic center or auditorium us such. against 6u-~er the table manipulation Of tan money,,and l, um aguinst the continued hiking of c~ts by addition of Federal administration costs.' ! am fo_.~r fiscal integrity. (Mrs. M. G. Nelson, Jr.)" Also appearing in opposition to the proposed project were Mr. Edgar F. Jamis'on and Mr. T. L. Huts0n. Fourteen Of the property onners Jn the affected area appeared before Council and indicated their willingness to sell their property if they are offered a fair price. Speaking on behalf of the property owners M~re Mr. Arthur Nichols, Mrs. Emma L. Brunet and Mr. ~terling J. JoE s. Mr. Stollef read the following prepared Statement in favor of the propose project: "Anoust lb, 1965 I think me mast recognine that our citizens generally take n conservative upproach to public housing. Possibly this is due to the high percentage Of home ownership (37.633 parcels of real estate are omned by 24,802 property owners indicating b5.8~ home-ownershlp~ although there is doubtless much duplica- tion in the owners.) 22.8 On the other baud, having served us this Councli*s observer.on the Redovelopeat cud HnusJig Authority, I c~n report that the Authority is mall-administered and our connisslouers ore of u high-type, conservative but practical nature. Radical proposals uould not be expected of them, and this is uo~ a radical proposal. The corefully-documeuted approach of the'proposal made ~odsy by the Authority is Impressive. Personal observation shous that excellent care is cohen of the existing properties. It mos pro~lesied years ago that this mould not be the case. The uniting list of upplicutious sad the dependence of the KJubsll project upon this project require me to state that bused on need. experience and confidence in our appointees, this request should be supported, and I nail do so.' The mltter having been discussed ut length, MF. Stiller offered the follouing Resolution: (m165D$) A RESOLUTION approving a comprehensive plan and authoFizing and approving additional-Ion-rent housing for Project No. VA. 11-3 proposed tn he erected by the City of £oauukeRedevelop~eut sod Housing Authority. (For full text of Resolution, see Resolution Book No, 28, page 335,) Mr, Stiller moved the adoption of the Resolution. The marius sas seconded by Mr, Garland and adopted by the folloning vote: AYES: Messrs, Garland, Jones, Pollard, Pond, St011er. Wheeler and Mayor Dillard ........................... NAYS: None ................... O. PETITIONS AND CORRUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company, transmitting a list of street lights which were installed and/or removed daring the month of July, 1965, was before Council, On motion of Mr. Mheeler, seconded by Mr. Pond and unanimously adopted, the communication sas filed. ZONING: A communication from Mr, E. F. Jamison. requesting that property located on the south side of Bullitt Avenue, 5. E,, between Ninth Street and Eleventh Street, described as Lots 12 and 13, Block 26, Belmont Land Company, Official Tax Nos, 4121410 and 4121411. be rezoned from General Residence District to Business District, was before Council. On motion of Mr. Wheeler, seconded by Mr. Stiller and unanimously adopted the matter was referred to the City Planning Commission for study, report and recommendation to Council. ZONING: A communication from Mr. Allen W. Staples, Attorney, repreaenttn General Stone and Materials Corporation, requesting that property located on the west side of Franklin Road, S. W,, between Allison Avenue and Woods Avenue, describ as Lot 21 and part of Lots 22 and 23, Block 10, Exchange Building and Investment Company Map, Official Tax Nos. 1030422 and 1030421. be rezoned from General Reslden* District to Business District, was before Council. On motion of Mr. Stiller, seconded by Mr. Wheeler and unanimously ndopted the matter was referred to the City Planning Commission for study, report end recommendation to Council. WATER DEPARTMENT: A communication from the League of Women Voters, Nooaohe area, commending City Council for its interest tad financial support of a utter study rot the ioaaohe Valle~, was before Council. Oa motion of Mr, Stoller, seconded by Hr, Pollard and unanJuously adopted, the communication wis flled~ 'STATE CORPORATION COMMISSION: A statement of th~ State Corporotion 'Commission showing the assessed value of property or Public Service Corporations in the State of Virginia end tax levies for the year 1965, was before Council, On motion of UFo 5toller, seconded by Mr, Pond and unanimously adopted, the statement nas referred tothe City Auditor for an analysis. REPORTS OF OFFICERS: STREET LIGHTS: Council having authorized'the installation of a street light in the 3200 bloch of Salem TuFopike, N. W.. on Appalachian Pole No. 253-756, the City Manager submitted a written report, recommending that the street light'be installed on Appalachian Pole No, 253-839 instead. Mr, Stoller noted that Council concur in the recoameadatioa of the City Ranager and offeredthe following Resolution: (~16~6l A RESOLOFION authorizing the removal of one 2500 lumen overhead incandescent street light (AP Pole No. 253-756) and the instellationof one 2500 lumen overhead incandescent street light (AP Pole No, 253-839) in the 3200 block of Salem Turnpike, N, (For full text of Resolution, see Resolution Rook No. 28, page Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pollard ·ad'adopted by the following rote: AYES: Messrs. Garland. Jones. Pollard, Pond, Stoller, Wheeler and Mayor Dillard ......................... NAYS: None .................. BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a written report advising that the Norfolk and Western Railway Company has agreed to construct a bronae plaque for the Robert Ball Smith Park on Wiley Drive, and recommended that $250 be appropriated in connection with the installation of the plaque in the park. Mr. 5toiler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance transferring $250 from the Contiogency Fund: (a165~7) AN ORDINANCE to amend and reordafn Section al/l, "Recreation, Parks and Recreational Areas," and Section mlGS, WContingencies** of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordtnaoce Book No. 28. page 336.) Mr. 5toiler moved the adoption of the Ordinance. The motion nas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: None .................O. 229 23O Mr. Stoller then moved that the City Attorney be directed to prepare the proper measure accepting the plaque and authorizing the installation thereof ia Robert Hall Smith Par~, The motion mas aeconded, by Mr, Rheeler and unanimously adopted, BUDGET-TRAFFIC ENGINEERING AND COMMUNICATIONS: The City Manager cubmitted n written report, recommending that $300 be transferred from Section #166, "Contin- gencies," to Repair Parts - Equipment under Section n83, "Street Signs and Barkings,' of the 1965-66 budget, Mr, Stoller moved thot Council concur Jn the recommendation of the City Manager end offered the follouing emergency Ordinance: (t16588) AN ORDINANCE to amend and reordain Section s83, "Street Signs and Markings,~ end Section n166, "Contingencies," of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book ~o. 20, page 337.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr, Pond and adopted by the following vote: AYES: MeSSFS, Garland, Jones, Pollard, Pond, Smaller, Mheeler and Mayor Dillard .......................... T. NAYS: None .................. O, BUDCET: Council bating provided Jn the 1965-66 budget that no funds shall be expended for capital improvements or the purchase of equipment.until January 1966, the City Manager submitted the following report, recommending that the policy be clarified with regard to the purchase of minor equipment items: "Roanoke. Virginia August 16, 1965 To the City Council Roanoke. Virginia Gentlemen: ~hen you adopted your 1965-66 budget, you incorporated therein a policy with reference to equipment purchases; and 1 think that there should be a clarification of what you intended to do, as I am satisfied that you did not want to cattail some purchases, or deter the normal operations of the City. We find it difficult to purchase minor equipment items due to this ruling, It would appear to me that you would want to consider limitation of purchases for amall items until January 1, 1966, in order that minor needs, which have to be purchased could be, without bringing this to your attention week after week for disposition. I have no thought as to what the limitation should be but will leave it to your discretion. Respectfully submitted, $/ Arthur S.O~ens City Manager" The City Auditor advising that the city cannot expect any large amountc revenue nntil October, Mr. Stollermoved that the matter be tahen under consideratio~ until the regular meeting of Council on October 4,1965. The motion mas seconded by Mr. Pollard and unanimously adopted. BUDGET-PAY PLAN-JUVENILE AND D01G~STIC RELATIONS COURT: The City Manager submitted a written report, recommending that nn additional Chief Deputy ClerR. be authorized for tie Juvenile and Domestic Relations Court and that the position of a Oep*ay ClerR be abolished in order that one of the Deputy Clerks can be promoted to Chief Deputy Clerk. Mr. Pollard moved that the matter be referred to the Personnel Department for study, report and recommendation to Council. The motion nas seconded by Mr. St*lief and unanimously adopted. AIRPORT: The City Manager submitted a written report, transmitting a communication from Airport Parking Company of America pointing out that its contract with the City of Roanoke to operate the parking lot at Roanoke Municipal (Woodrum) Airport expires September 30. 1965. that at this date its losses hare been sub- stantial due in no small way to the continued unauthorized free parring and lack of adequate police protection at the airport, and requesting an opportunity to meet representatives of the city to discuss the extension of its lease on mutually Mr. St*lieF moved that the matter be referred to a committee composed of Messrs, Roy Lo Webber, Chairman, J, #. Barrens, William H. Carder, Francis X, Carroll. ~. E. Frantz. Arthur S. Owens. Roy R. Pollard. St.. E. R. Yanght and Robert W. ~oody. and to a committee composed of Messrs. Robert A. Garland. Chairman Clarence E. Pond and Vincent S. Wheeler appointed to study the rate structure at Roan,Re Municipal (Noodr~m) Airport for study. ~eport and recommendation to Council. The motion was seconded by Mr. Pollard and unanimously adopted. TRAFFIC-STREET NAILS: The City Manager submitted a written report. recommended that they be discontinued and replaced with a new type sign consisting of two aluminum blades or blanks covered with *$cotchlite* and attached with aluminum /itttngs. In this connection. Mr. James O. SluR. Superintendent of Traffic Engineer- ing and Communications. appeared before Council and displayed samples of the two types of street name signs now. in use and the proposed new type of sJ~n. After a discussion of the mattert Mr. Stoller moved that Council concur in the recommendation of the City Manager that the present types Of street name signs be discontinued and that they be replaced with the new type of sign. the letters to be white on blue, as and when it becomes necessary. The motion was seconded by Mr. Garland and adopted.. Mayor Dillard voting no on thegrounds that the city already has a good street name sign system. STATE HIOH#AYS: The City Manager submitted a written report, advising that Mr. mallard J. Rierson has bid $50 for the purchase and removal of the dwelling at 403 Elm Avenue. S. E** formerly owned by him and purchased by the City of Roanoke in connection with the improvement of Virginia State Route 24. and recommended that the bid be accepted. 23~_ 232 Mr, Stoller moved that Council concur in the recommeodotion of the City Manager and offered the following Resolution~ (e16589) A RESOLUTION approving the sale of · certain building needed tm be removed from certain property recently acqalred for the CityOs State Route 24 Project, (For full ~ext of Resolution, see Resolution Boob No. 26, page 338.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted hy the following vote: AYE5~ Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... NAYS: None .................. STATE NIGDMAYS: The City Manager submitted the following report, recom- mending the acquisition of ama parcels of land needed tn connection mith the improvement of Virginia State Route 24: 'Roanohe, Virginia August 16, 1965 To the City Council Roanoke, ¥irgJnJa Gentlemen: Me hare succeeded in securing options on the following two properties, which I mould appreciate your. by appropriate action, authorizing tAm. purchase. Parcel 061 Owner, £. L. Karmas and Thelma Karmas 329 Elm Avenue, S. E. Value of Take (approved appraisal) $4,444.00 Parcel 090 Owner, E. S, Marshall and A, Genevieve Marshall 816 Third Street, S, E. Value of Take (approved appraisal) $8,960.00 Respectfully submitted, S/ Arthur S. Owens City Manageru Mr. Stoller moved that Council concur to the recommendation Of the City M3nager and offered the following emergency Ordinance: , (n16590) AN ORDINANCE authorizing the acquisition of two (2) parcels of land needed for the Cityts State Route No. 24 Project, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28. page Mr, Similar moyed the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following rote: AYES: Messrs, Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard .......................... NAYS: None ..................0. STATE flIGHRAYS: The City Manager submitted a written report, advising tho1 he has been unable to secure an option from N., P. Deacon and Lottie Z. Deacon for a parcel of land and a temporary construction easement needed in connection mith the improvement of Virginia State Route 24, and recommended that he be authorized to make an official offer for the property and easement on behalf Of the city. Hr. Stoller loved.that Conecil concur in the recommendation of the Manager ntd offered the following emergency Ordinance: (~1&5912 AM ORDINANCE authorizing and directing ibc acquisition of n certain property and a temporary oooatructl~n easement necessary for the improvement and construction of State Route NDe 24, in the City; authorizing the City Manager to make to the owners thereof no offer for the CIW*s purchase of said property and enseoent; providing for the acquisition of that port of the property needed for State Route Mo. 24 by condemnation, under certain circumstances, and for a right of entry thereoo; and providing for an emergency. (FaF full text of Ordinance, see Grdinance Book No. 20, page 33g.) Mr. Stoller moved the adoption of the Grdinance. Th~ motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Hessrs. Garland, Jones, Pollard. Pond, Stoller, Hheeler and Mayor Dillard .......................... ?. NAYS:. None .................O. BUDGET-HEALTH DEPARTMENT: Council having referred the matter of appro- priating $1,127 to repair and paint the Heat Inspection Center bach to tho City Hanager for further study and report with avien of using the City Barker Building for a Meat Inspection Center, the City Hanager submitted a written report, advising that moving the Rant Inspection Center to the City Barker Building is not feasible. Hr. Garland then. offered.the following emergency Ordinance transferring $1,127 from the Contingency Fund: (~16Sg2) AN ORDINANCE to amend and reordaln Section ~§8, 'Haintenance of City Property," and Section ~166, 'Contingencies,w of the 1965-~6 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance.' see Ordinance Book No. 28, page 341.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adapted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Hheeler and Mayor Dillard .........................?. NAys: None ................. O. REPORTS OF COMMITTEES: SK~ERS AND STORM DRAINS: The committee appointed to tabulate bids received on the replacement of a portion of the 24-inch sanitary sewer on Meat Side Boulevard, N. Wa, between Troutland Avenue and Cream Spring Avenue, submitted the following report: 'August 11, 1965 TO thc. City Council Boanohe, Virginia Gentlemen: Bids were opened and read before City Council at its regular meeting on Monday, Auguat g, 1965 pertaining to the replacement of a portion of a 24* sanitary sewer on Hest~Jde Boulevard, N. between Troutlund Avenue and Greenspring Street, As can be seen 233 234 by the attaohed tabulation of Blds~ two (2) bids Were received, the low estimate or $13,540.00 having bees submitted by Hudgins and Pace. The EaglneerOs estimate for this work is $13,605.00. This work involves the replacement or o portion of a nasa lime sewer serving all of the ~eters Greek drainage ares north of Salem Tnraplke. The. damage was originally discovered several months ago when a contractor attempted to make lateral connec- tions to serve sew homes la the area. .The sewer Was fonnd to be cracked etd to end across the top and on both sides. This mss probably n resalt of Improper bedding and subsequent settlement of the backfill. At that time it was assumed the problem lo he confirmed to n section of the line approximately 300 feet in length. Later test pits were dug and about 900 feet of sewer found to be effected. This particular sewer being the outfall for semage for such a large area, it is considered of prise Importance that this facility be replaced before n complete failure occurs. In addition, the location of the existing line mould place it under the pavement of Westside Boulevard, which is in the process of being developed as part of the Hilmont Farms Subdivision. Should this street be constructed first,,the later reconstruction of the sewer woold be more costly. The new alignment under the proposed project will be removed from the otreet into the area of the future Strauss Park. It is therefore recommended that a contract be awarded to Hudgins and Pace in the amount of $13.540.00. and that the sum of $13.657.00 be appropriated to cover the contract cost, advertising, and testing services. S/ Hurray At Statler Hurray A. Smaller, Chairman S/ ClarenCe Et Pond Clarence E. Pond, Councilman $/ Hilllam F~ Clark Hilllam F. Clark. City Engineer" Mr. Smaller moved that Council concor in the recommendation of the cam-' mittee and offered the following emergency Ordinance: (n16593) AN ORDINANCE providing for the ~onstruction of a 24-inch santtar~ Greenspring Street, by acceptance of a bid; awarding a contract therefor; rejecting a certain other bid made for the perforance of said work; and providing for an (For full text of Ordinance, see Ordinanc~ Book No. 28. page 342.) Mr. Smaller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: ALES: Heists. Garland, Jones. Pollard, Pond, Smaller, Wheeler and Mayor Dillard .......................... ?o ~AYS: None .................. O, In a discussion of appropriating the sum of $13,657 to cover the cost of the contract, advertising and testing services. Hr. Jones raised the question as to whether or not f~nds are available in the sewer re,air account or t'he sewer and The City Auditor advising that there are no funds available in either of these accounto for this purpose, Mr. Stoller offered the following emergency Ordinance. transferring $13,657 from the Contin~ency Fnnd:' (elCSg4) AN ORDINANCE to amend and reorduin Section n166, 'Contingencies/ smd Section #l?Ot *topi,al," of the 1965-66 Appropriation Ordinance, and providing for on emergency. (For full text of Ordinance, see Ordinance ODoR No. 28, page 343.) Mr. Stoller moved the adoption of the Ordinonce. The motion mas seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland. Jones. Follard, Fond. Stoller, Mheeler and Mayor Dillard .......................... 7. NAYS: None ..................O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NOh~o INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEb~RS AND STORM DRAINS: Ordinance 16579° authorizing the establishment and operation Of additional stream sampling stations toprovide for an extension of the stream testing program of the City of Roanoke. having previously been before Council for itsfirst reading, read and laid over, was again before the body. Mr. Stoller offering the following for its second reading and final adoption: (=165Y9) AN ORDINANCE authorizing the establishment and operation of certain additional stream sampling stations in extension of the Cityts stream sampling program. (For full text of Ordinance, see Ordinance Book No. 28, page 333.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. lheeler and adopted by the folloming vote: AYES: Messrs. Garland. Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard .......................... NAYS: None ..................O. PURCHASE OF PROPERTY-STAlE HIGHMAYS-STREETS AND ALLEys: Ordinance No. 16~0, authorizing the acquisition of approximately 665°4 square feet of land at the southeast corner Of Wells Avenue and Second Street. N. E** from Messrs. Talmage Roberts and William J. Roberts for the sum of $1,28T.34, for street widening pnrposes and the conveyance pf approximately 21.73 square feet of adjacent land situate on the east line of Second Street, N. E., by the City of Roanoke to Messrso Talmage Roberts and William J. Roberts, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Stoller offering the following for its second reading and final adoption: (~165~0) AN ORDINANCE authorizing the acquisition of approximately 665.4 square feet of land at the southeast corner of Wells Avenue, N. E. and 2nd Street, N. E., in consideration of $1287.34 and the CityOs conveyance of approximately 21.73 square feet of adjacent land situate On the east line of 2nd Street, (For full text of Ordinance, see Ordinance Book No. 28, page 334°) Mr. Stoller moved the adoption of the Ordinance° The motion was seconded by Mr. Mheeler and adopted by the following vote: 235 236 AYKS:, Momars, Garland, Jones, Pollard, Pond, Stoller, Mheeler end Mayor Dillard---~ NAYSj ~one ..................Oe .P~NSIONS-POLICE D~PARTMENT-FIR£ DEPARTMENT: Council having directed the City Attorney to prepare t~e proper measure amending and reordnlning Section 1, Chapter 2. Title Ill, of The Code of the City of Roanoke, 1956, providing for the retirement of any meaber oF tie Poi,ice Department a~d Fire Department. Mbo was so employed on December 31. 1945, and who has continuously remained in such employ, under certain terms and conditions, to permit members of the Police and Fire Pension System to return to the employ of the city where Justification is proven; also. to require that retirement of any member of the Police and Fire Pension System shall be compulsory at the age of 65 years rather than 66 years as at present, he presente( same, In this connection, Mr. Stellar read the following prepared statement with regard to the requirement that retirement shall be compulsory at the age cf 65 years: *Angust 16, 1965 The present law provides for retirement of policemen and firemen at 66 as a compulsory age. One member of the police department who is near the new retirement age has told me that the enactment of the nam age would work a hardship on btm. He says he planned all through the years to retire at bb. If he must retire at age 65, he will be without his *nest eggj! While it iS true that fire-fighting bud police work ore activities requiring relative youth and vigor, we should net forget what is gained by experience and years. On the whole, I can support the proposed change if an exception is made for those now In service who have relied on the presen~ law. I am infor~ed about60 individuals*are affected, In my opinion, they should be given the option to continue off till their birthday.# Mr, Jones moved that the matter be referred to the Personnel Department withthe request that it furnish Council with the number of members of the Police and Fire Pension System who would be required to retire at the age of 65 each year. The motion ma~ seconded by'Mr, Pond and adopted, Mr. Pollard voting no, Mr, Stellar then offered the following emergency Ordinance permitting members of the Police and Fire Pension System to return to the employ of the city where Justification is proven: (m16595) AN ORDINANCE amending and reordai~ing Sec. 1 of Chapter 2, Title III of The Code of the City of Roanoke, 1956, relating t5 Police and Fire Pensions, by making certain provisions forte-employment of certain retired employees; and providing for an emergencY. (For full text'of Ordinance, see Ordinance Book No, 28, page 344,) Mr. Stellar moved the adoption Of the Ordinance, The motion was sec~n'ded by Mr. Mbeeler and adopted by the following vote: AYES: Messrs. ~arland, Jones Polla[d. Pond, Stoller, Mheeler and Mayor Dillard ......................... NAYS: None ..............~---0. t OFFICE DOORS-DUOGKT-~AY PLAN: Council having directed the City Attorney to prepare the proper measure emending nnd reordninlng Section Il (b), Chopter 3, Title II, of The,Code of the City of ionnoke, 19~6, to permit oil cfm employees on t 40-hour uork meek to observe eight legal holidays each yeor, he presented sure, Council objecting to observing the Fridcy preceding a legal holiday.uhen it fails on Saturdnyt Mr, St*liar moved that the question be referred to n cocmittee composed of Messrs, James E. Jones, Chcirman, Robert A. Garland and Arthur S. Omens ia conoection with its study of granting members of the Fire Department the ssue holidays obseyved by other city employees. The motioo mas seconded by Mr. Pollard and unanimously, adopted. · PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having directed the City Attorney to prepare the proper measure promoting the Incinerator Operator, Group 3, Step 5, at a salary of $357.06 per month to the classification of Disposal Foreman, Grade 11. Step 6. at a salary of $305 per month as an over-all Supervisor at the City Incinerator, he presented same. After a discussion of the matter, the City Attorney explaining that no amendment to the Pay Plan Is necessary. Mr. St*Ilar offered the following Resolution (~16596) A R~SOLDTION authorizing the City Manager to employ certain personnel as proposed by the Councilts Special Incinerator Committee· . (For Full text of Resolution, see Resolution Book No. 29, page 345.) Mr. St*liar moved the adoption of .the Resolution. The notion was seconded by Mr. Rheeler and adopted by the following vote: AYBS: Messrs. Garland, Jones. Pollard. Pond. St*liar. Wheeler and Mayor Dillard .......................... 7. NAYS: None ..................O, Mr. St*lieF then offered the follcwin9 emergency Ordinance amending and reordaining Personal Services under Section ~97, 'Refuse Collection and Disposal,* of the 1965-66 budget, to provide for seven Foreman instead of six: (~16597), AN ORDINANCE to amend and ,reordain Section s~7. "Refuse Collection and Disposal** of the 1~65-65 Appropriation Ordinance, and providing for un emergency. (For full text of Ordinance, see Ordinance Dock No. 28, page 346.) Mr. St*liar moved the adoption of the Ordinance. The motion Man'seconded by Mr. Fond and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond. St*liar, Wheeler and Mayor Dillard ........................ 7. ~AYS: ~oue ..................O, BUDGET-PAy PLAN: Council having d lrected the ~ity Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in various municipal departments since they are of un emergency nature, he presented same; mh~reupon, Mr. St.liar offered the following Resolution: 237 238 (s16598) A BESOLUTION authorizing-the City Manager to esploy certain personnel. (For full tent of Resolution, see gesolntlon Book No. 28, pure 346.) Mr. St*lief,moved the adoption of the Resolution. The motion mas seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stoller, Wheeler and ' Hayor Dillard ......................... NAYS: None .................. O. LIBRARIES: Council baying directed the City Att*racy to prepare the prope~ measuresoutborizJng the City Manager to execute agreements with the Virginia State Library Board for state end federalaid in the total amount of $20,000 and appro- priating $11.~C0 to the budget of the Roanoke Public Library, he presented same; whereupoo. Mr. Stoller offered the following Resolution authorizing the City Manager to enter into the agreements: (n1659g) A RESOLUTION authorizing the City Manager to enter into agree- m~nt with the Virginia State Library with respect to the City*s use of certain State and Federal funds for public library purposes. (For full text of Resolution, see Resolution Boob No. 28, page Mr. St*liar moved the adoption of the Resolution. The motion was seconded bF Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Pond, St*liar, Wheeler and Mayor Dillard .......................... 7. NAYS: None .................. O. Mr. Stoller then offered the following emergency Ordinance transferring $11,000 from the Contingency Fund: (~16600) AN ORDINANCE to amend and reordain Section ~121, #Libraries," and Section sigh. "Contingencies,~ of the 1965-66 Appropriation Ordinance. and pr*riding for an emergency. (For fall text of Ordinance, see Ordinance Boob No. 28, page 347.) Mr. St*lieF moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stoller, Wheeler and Mayor Dillard ......................... 7. NAYS: None .................O. AIRPORT: Council having directed the City Attorney to prepare the pr*pew measure authorizing the assignment by Eugene B. Bass and Blllie B. Bass to G. Shannol Hudgins of a lease dated September 27, 1962. of 2.435 acres of land at Roanoke Municipal (Wu*drum) Airport, effective September 1. 1965, he presented same; whereupo' Mr. St*lief offered th~ following Resolution: (n16601) A REiOLUTION authorizing the assignment by Eugene B. Bass and Billie B. Bass to G. Shannon Hudgins of the City's lease dated September 27, 1962, Of a certain 2.435 acre parcel of land at the Roanoke Municipal Airport, in Roanoke County. to be effective September 1, 1965. (For full tent of Resolution. see Resolution Book No. 28. page 348.) Bt. Stoller moved the cdoption or the Resolution. The motion mas seconded by,ir. Wheeler and adopted by the tallowing vote: AYES: #essrs. Borlundt Jones, Pollnrdo Pond, Stoller, NAeeler and ioyor Dillard .......................... NAYS: None ..................O. STREET LIGHTS-STATE fllGHRAYS: Council having directed the City Attorney to prepare the proper measure advising the Virginia Department of Highways that if the state hears the cost of the lighting over nnd under the proposed new Elm Avenue Bridge in connection with the Virginia State Route No. 24 ProJect the City of Roanoke will agree to light the rest of Klm Avenue at the sane time and at no cost to the project or state, he presented sane; whereupon, Hr. Stoller offered the following Resolution: (~16602) A RESOLUTION relating to the future lighting of portions of Elm Avenue, S. E., and of the proposed new Elm Avenue bridge and approaches thereto. (For full text of Resolution, see Resolution Book No, 28, page 349.) 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, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7. NAYb: None ..................O. MOTIONS AND MISCELLANEOUS BUSINESS: HOUSING-SLUM CLEARANCE: Mayor Dillard pointed out that the term of Mr. John F, Newsom, Jr,, as a member of the City of Roanoke Redevelopment and Housing Authority expires August 31, 1965, and called for nominations to fill the pending vacancy. Mr. Stoller placed in nomination the name Of John F. Newsom, Jr. Mr. Wheeler moved that the nominations be closed. The motion mas seconded by Mr. Pollard and unanimously adopted. Mr. John F. New$om. Jr.,was reelected ns a Commissioner of the City of Roan.he Redevelopment and Housing Authority for a term of four years beginning September 1, 1965, by the following vote: FOR MR. f~W$OM: Messrs. Garland, Jones, Pollard, Pond, 5loller, Wheeler and Mayor Dillard ............................. -7. On motion of Mr. Pollard, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: ~ty Clerk 239 240 COUNCIL, SL~CIAL Mednesdny. August. 18, lg6$, Tko Council of the City of Roanoke met tn special meeting in the Auditorim of the City*s Health Center, Wednesday, August 18, 1965, nt 7:30 p.m** for the purpose or continuing the public hearing on the proposed Zoning Ordinance to permit members of the Roanoke Bar Association to report on their study of the Ordinance and hear requests o! citizens and attorneys regarding zoning of certain parcels of land, PRESENT: Councilmen Robert A. Garland, Janes E, Jones, Roy R. Pollard, Sr., Clarence B. Pond, Murray Aa StolleF, Vincent So Mheeler and Mayor Benton O. Dillard ................................. ?o ABSENT: None .................O, ZONING: Council having continued its public hearing until 7:30 August 18, 1965, on the proposal of the Roanoke City Planning Commission to adopt an Ordinance amending in its entirety Chapter 4, of Title XV, of The Code of the City of Roanoke, 1956. as presently amended, relating to Zoning, thereby amending, supplementing, changing or modifying all of the regulations, restrictions, boondarie and districts provided faf in said chapter or shown on the Zoning Plan referred to Section I of said chapter for the purpose of continuing the public hearing on the proposed Zoning Ordinance to permit members of the Roanohe Bar Association to report on their study of the Ordinance and hear requests of citizens and attorneys regardin~ zoning of certain parcels of land, the matter mas before the body. Hr. Arthur M. Levin appeared before Council and requested that his propertj located on the south side of Center Avenue, N. M., between Twenty-fifth Street and Twenty-seventh Street, described as Lots 9 and 10, Block 1St Runnymede Corporation, Official Tax Nos. 2420709 and 2420710 non zoned Light Industrial and proposed to be zoned under Section 130.03, General Residential District -,RG-2. be zoned under Section 130.09, Light Manufacturing District - LM of the proposed Zuning Ordinance. Mr. Tom Stockton Fox, Attorney, representing Roanoke Hauling end Riggings Corporation appeared before Council and requested that an 8-acre t,ract of land south of Tearer ,Avenue, ~. E., ,and East Gate A~enue and east of Thirteenth Street, Official Tax No. 3231701. now zoned as General Residence District and proposed to be zoned under Section 130.02, Duplex Residential District -RD, be zoned under Section 130.10. Heavy Manufacturing District - BM of the proposed Zoning Ordinance. Mr. Arthur B. Crush, Jr., Attorney, representing Messrso Gilmer D. Nulls, Co E. Bowling, F. T. Plybon, J. M, Padgett, George M. Ltnhenhoker and Mrs, Aa S, Carton, appeared before Council and requested that property located on the north side of Melrose Avenue, N.W., betueen Van Baron Street and Must Side Boulevard, described as Lots 12 - 20, Block 22, Nashington Heights Land Company, Official Tax Nos. 2761411 - 2761420, no~ zoned as business and proposed to be zoned under Section 130.04, Office and Institutional District - C-1 be zoned under Section 130.05, General Commercial District - C-2 of the proposed Zoning Ordinance. Ir, SsBael E. Gamier appeared before Council etd requested that · 9, Ob-ocr trent of load located on Beunlagton Street, S, R,, Rutroagh goad nad Mount Pleasant Boulevard, Offiolol Tax No. 4250202, now zoned as Light Industrial .sd proposed to be zoned nude; Section 130,02, Duplex Residential District - RD be zoned under Section 130.09, Light Manufacturing District - L# or the proposed Zoning Ordinance, Mr. Y, L. Plunkett, Attorney, appeared before Council in behalf of the committee.of the Moasoke Oar Association studying the Zoning Ordinance us to its clarity and correctness cud offered the assistance of his committee. Mr, John R. Young. Attorney. who Is studying the definitions and conformit of the Zoning Ordinance pointed out the following discrepancies: wOUTLINR 1. Definitions A. Lot is not a lot if it fails to meet zoning requirements, 300.19 B. tLot of Record" 300.23 does not include pi·ts recorded in County. C. Yard is not a yard unless it is a required yard. 300.34 D, *In any required front yard* 300.341 ignores definition in preceding paragraph. £. Fall-Out shelter includes golf shelters and bus stop shelters, 300,28 F. ~hat are personal services 2. Zoning Administrator A, Zoning Permits required before~premises ~an be used (200,02). Transitional provisions apply only to Certificates of Zoning Comliance under 200.06 (non-conf6rming uses) and not to Zoning Permits. B. Administrator must act on complaint of landowner, 270.02 C. Administrator required to construe ordinance literally. 200.02 D. Landowner must pay fees before Board of Zoning Appeals (260.01) and cost of court appeal regardless of outcome (230.03). Zoning Board A. Provision for action of court mas only changed in a few places to 210.01 and 210.03. B. 5 members - Quorum of 3 but all three must agree in order to overrule the Zoning Administrator - who has no discretion (210.02 and 210.04). C, Public Notice Provision - Rhy require hearing on special exceptions exactly ten days after last publication (220.0~). D. Requirements for Variance, 220.02 E. Limitations on Councils* power to amend zoning ordinance - Four times a year after at least thirty days notice, reference to planning board, public bearing, 240-250 DEFINITIONS '* 300.19 Lot: For aoning purposes, as covered in this ordinance, · lot is a clearly defined piece of land of sufficient area and dimensions to meet minimum zoning requirements for width, area. use, and coverage, and to provide such yards end other open spaces as are required herein (proylded that certain nonconforming lots of record at the time of passage or ame·dment of this ordinance are exempted from certain of its provisions under the terms of Section 150.03. 24-! 242 300.34 300,28 acme,er,ruing lots of record). Sack lot s~oiI~kove . rrootuge om a public street or on 8 prlvote street approved by tke Fire Deportment. the Department of Psbtic Works. a~d the Planning Depsrtmeat. and mil consist of all. portions, or comblaatlgn$ of lots record osd lots described by hemes end bounds, pro- vided that ia ac cos, of subdivision oF combinstion shuil any residual lot or parcel be'created mhioh does Rot meet the requirements of this ordieusce. Yard: A required open spuc, unoccupied nnd usbbstructed by any structure or portloh cf a strhcture from 30 inches above the generul ground level of the graded lot uputrd. provided, homever, that fences and malls may he permitted in any yard subject to height limitations es indicated herein amd that flagpoles, clothes lines, bird houses. and other yurd accessories and ornaments may be permitted in any yard ir they do nos ~enstitute'substantlal impedi- ment to vision or to free flom of light and air across the ysrd. Shelter. fall-out: A structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fall-out~ air raids, storms, or other emergencieso wHAT ARE t~RSONAL SERVICES 1. 130.03 General Residential District - RG-I; RG-2 Permitted Accessory Uses and Structures: As for RS. with the further provision that home occupations are permitted as accessory uses in residences In these districts if they meet the requirements llsted in RS. but such home occupations shall include only personal or pro- fessional service, and shall not involve trade. 2. 130.04 Office and Institutional District - Permitted Principal Uses and Structures: 3. 130.05 General Commercial District-C-2 Permitted Principal Uses and Structures: barber and beauty shops; and dry cleaning, dyeing, laundry, dressmaking, tailoring end garment repair shops with processing on the premises (provided that not more than ten persons shall be employed in processing on the premises). 4. 130.06 Central Business District-E-3 Permitted Principal Uses and Structures 200,02 ~sona] Service Establishments. ZONING PERMITS Zoning Permits Required. No building or other structure 'issued by the zoninq administrator. A zoninq permit shall conformity with the or,visions of this ordinance unless he receiver a written order from the Board of Zoning Appeals in connection with interpretation, special elceptJon or variance proceedings o¥ appeals from an order, requirement. decision or determination made by an administrative officer in the administration or enforcement of this ordinance. If a zoning permit i's denied, teas'ohs f~r the' denial shall be II 200.03 Application for Zoning Peraito All applications rot zoning permits shall be ia trlplicule and accompanied b! plans In triplicate, drama to scale, and shaming as appropriate to the case the actual dimensions mud shup~ of the lot; the exact sines nad locations on the lot of nil existing buildings, tr ouy;'the location nad dimensions of proposed buildings or structures, additions to building or struc- ·turns, or alterations in bulldiogj or ~tru~turea; building or structures to be moved or removed; existing and proposed uses, by location, of land, buildings, structures and premises~ and such other information us may lawfully be reouired by the zonino administrator. The application or plans skull include, as appropriate to the caset'lnformation ''on number of familie~, hOusehe'e~lng 'units 5r rental units the building is designed to accommodate; the nnnber and location of off-street parking and loading spaces; conditions existing on the lot and on nearby lots; and such other matters as may be necessary to determine conformance with and pro- vide for enforcement of this ordinance. 220.02 Variances; Conditions Governing Application; Procedures: TO authorize upon appeal in specific cases such variance from the terms of this ordinance as mill not be contrary to the public interest, when oming to special conditions a literal enforceoent of the provisions mill result in unnecessary hardship; provided that the spirit of the ordinance shall be observed and substantial Justice done, as follows: When a property owner can sham that his property was acquired in good faith and where by reason of the exceptional narrowness, shallonness or shape of a specific piece of property at the tine of the effective date of this ordinance, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjacent thereto, the strict application of the terms of this ordinance mould effectively prohibit or unreasonably restrict the use of the property, or where the Board is satisfied, upon the evidence heard by it, that the granting of such variance mill alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this ordinance. No such variance shall be authorized by the Board artless it finds: 1. That strict application of the ordinance would produce undue hardship. 2. That such hardship is not shared generally by other properties'in the' same zoning district and the same vicinity. 3. That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. No variance shall be authorized unless the Board finds that the condition and situation of the property concerned or the intended use of the property is not of sogeneral or recurring a nature os to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this ordinance. In authorizing a variance, the Board may impose such conditions regarding the loc~tion~ character and other features of the proposed structure or use as it may deem necessary in the public interest~ and may require a guaran- tee or bond to insure that the conditions imposed are being and willcontinue to be complied;with.' , No variance shall be'authorized except after appeal, public notice and notice to parties in interest, and hearing as specified above. Notice shall also be posted on the property at least 15 days prior to the hearing. The Board shall keep recordings, transcripts, minutes or other records of its proceedings on variances sufficient to make possible court determinations on appeal as to the validity of its findings and its reasons therefor. 243 2.44 ANALYSIS OF Yirl&Bce Allo~ed Nh~Bc . the pr~vl~lons will.result.in unnecessary hardship. 3. T#a~ pro~erty was a~qu~red In.good faith. 4. (al The strict application of the terms of this ordinance would effectively prdbiblt or unreasonably restrict ,~he use of.the property by reason of; . (1). Exceptional nnrrouness, shallowness or shape of a specific piece of property or (2) ~xcep~ioani 'topographic conditions or (3) Other extraordinary situation or condition of .(4) **.**of the use or development of property Immediately adjacent thereto, or (b) The variance Nail alleviate a clearly demonstrable hardship approaching confiscation. 50 The strict application of the ordinance would produce undue harship. 6~ Such hardship is' not shared by others. ?. . It will not substantially be detrimental to the adjacent p'ro~ert~ OF change the character of the district. ~. It is not practical to formulate a general regulation Hr. G. Marshall Xundy. Attorney, studying Sections 140 and ISO of the Zoning Ordinance called attention to Section 140.01, Visibility at Intersections, (1) questioning the meaning of l~dustFlal und'commer~lal'dis~ricts; Section 140.02, Accessory Buildings, asking would a garage attached to a breezeway be in violation; Section 140.O3. Erection of more than one principal structure on a lot. questioning if RS-I, RS-2 and RS-3 should he omitted; Section 140.0S, Mobile Home Parks, Inquiring if necessary; Section 14b.i12.' Minimum Yard Requirements; questioning words "likely to be used for residential purposes~, expressing the opinion that thI~ could embrace any property; Section 140.117. Lighting, regarding the in'tention of words. "illuminated in a manner Inappropriate"; Section 140.122.1. questioning Intention of provision; Section 140.14. Requirements ~oncerning Review by Board of Zoning Appealst 2, expressing the opinion that it will be Impossible to locate a wrecking yard that would not be visible from some point; Section 140.13. Transitional Uses. questioning the necessity; and Section 200.02. Zoning Permits Required. callin~ attention to the fact that no time limit has been established as to when the Zoning Admlnistrat6~ shal~ Issue this.permit.. Off m~ti6n 6f' Mr~ St*ilar, seconded by'M~. P~llard and unanlmoFsly adopted, the public hearing was continued until 7:30 p.m** September 22. 1965. at the Health Center AUditOrium. A~PROVKD ATTI~ST: Mayor COUNCIL. REGULAR MEETING. MOOdUy, Aogest ~3, 1965. The Council o! the Cit7 of Roanoke Bet l~ regular meeting lB the Council Chamber in the Municipal Building, Moadny. August 23. 1965. ut 2 p.m.. the regular meeting hour, mith Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland. James E. Jones. Roy R. Pollard. SF Clarence E. Pond. Murray A. Stoller. Vincent S. Mheeler and Mayor Benton O. Dillard ....................................... ?. ABSENT: None ....................... 0. OFFICERS PRESENT: Mr. J. Robert Thomas. Acting City Manager and City Auditor. and Mr. James N. Kincsnon, City Attorney. INVOCATION: The meeting mos opened with s prayer by the Reverend J. Johnson, Pastor. Bethany Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, July 19, 1965, having been furnished each member of Council. on motion of Mr. Stoller, seconded by Mr. Pollard and unanimously adopted, the r,odin9 thereof mas dispensed mith and the minutes approved as recorded. HEARING OF CITIZENS UPON I~JBLIC MATTERS: GARBAGE REMOVAL: Pursuant to notice of advertisement for bids on four cabs and chassis for the Refuse Collection and Disposal Depsrtment, said proposals to be received by the City Clerk until 1:30 p.m., Monday. August 23, 1965, and to be opened at 2 pom., before Council, Mayor Dillard asked if anyone had amy questions about the advertisement, and no representative present raising any question, the Mayor instructed the City Clerk to proceed mitb the opening of the bids: whereupon, the City Clerk Opened and read the follomin9 bids: Bidder Amount International Harvester Co,puny - $ 13,267.UO Antrim Motors. Incorporated 13.580.00 Magic City Motor Carp-ration 14.904.0D Diamond Chevrolet Corporation 15,193.20 Mr. Stoller moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee The motion Was seconded by Mr. Pond and unanimously adopted. Mayor Dillard appointed Messrs. Murray A. Stoller. Chairman, Clarence E. Pond and B. B. Thompson as members of the committee.* PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: A petition of Mr. John L. Nalker, Jr.. Attorney, representin9 The Kroger Company, requesting that the portion of an alley running in u north-south direction through Bloch 26, Belmont Land Company, from its inter- 245 246 section ulth the south side of Bellitt Avenue. S. E.. in n southerly direction u distence of 225.62 feet. more or less. to the soetbuesterly corner of Lot 12. Block 26. Belmont Lead Company. be eeceted, discontinued end closed, ubs before Council. Mr. St,lief moved thet the request be referred to the City Planning Commission for.study, report end recommendation to Council. The B,team nos seconded by Mr. Wheeler end unnnimoesly adopted. Br. St,lief the~ offered the f,Il,ming Resolution appointing vleuers in connection uith the request: (m16603) A R£SOLDTION providing for the appointment of five freeholders. eny three of uhom may act. as viewers in connection mJth tbe application of The [roger Co. to permanently vacate, discontinue ned close all that portion of a certeit alley running in a north-south direction through Block 2b. Belmont Land Company Map. from its intersection mJth the south side of Bnllitt Avenue running in n southerly direction a distance of 225.62 feet. more or less. to the southmesterly corner of Lot 12. Block 26. Belmont Lend Company Map. (Par full text of Resolution. see Resolution Book No. 28. page 351.) Br. St,lief moved the adoption of the Resolution. The m,ti.on wes seconded by Br. Wheeler and adopted by the f,Il,mia9 vote: AYES: Wessrs. GsFland. Jones. Pollard. Pond. St,lieF. Wheeler and Rsyor Dillard ......................................... ?. NAYS: None ...........................O. COMPLAINTS-~EALTH DEPARTMENY: A communication from Mr. J. L. Cross, Sr., 2236 Mountain VJeu Terrace, S. W., complaining that the vacant lot .adjacent to his property is completely groan up mith meeds and reque'sting that something be done to relieve the situation, nas before Council. On motion Of Mr. Wheeler, seconded by Mr. Pollard and unanimously adopted, the matter ~as referred to the City Manager for necessary octioe. LEOXSLATIO~ -TAXES: Conncil having adopted a Resolution petitioning the General Assembly of the Commonmealth of Virginia to enact such legislation as is required to enable all local goveroing bodies, including those of all of the conntJe: of the Commonmealth of Virginia, to impose n local retail sales and use tax, should the local governing bodies deem it appropriate or necessary to provide for such e tm: a communication from Senator William B. Hopkins, advising that he mill give the Resolution every consideration at the next regular session of the General Assembly, mas before the body. On motion Of Mr. Stoller, Seconded by Mr. Pollard end unanimously adopted, the communication nas filed. AUDXTS-MUNICIPAL COURT: A communication from Mr. J. Gordon Bennett, Audito of Public Accounts for the Coomonuealth of Virginia, transmitting a report on a Joint audit mitb the City Auditor of the accounts and records of Judge Beverly T. Fitzpatrick, Chief Judge Of the Msnicipal Court of the City Of Roanoke, for the calendar year 1964, advising that the audit disclosed thor fall accounting had been made for nil funds or record coming into the custody of the Court, was before Council, Oa motion of Mr. Stall,r, seconded by Mr. Pollard and unanimously adopted, the communication and report were filed. REPORTS OF OFFICERS: BUDGET-BRIDGES: Council having referred to 1965-66 budget study a request of the Virginia Department of Highuays that Council adopt n Resolution requesting a project on Virginia Route 24, Dale Avenue, S. E., from Vernon Avenm to the west corporate limits of Vinton, n distnnce of .15 mile, including the mid,ming of a bridge over Tinker Creek on Dale Avenue, at a total estimated cost of $110,000, of mhich the City of Roanoke would pay $16,500, and no funds having been included in the 1965-66 budget for this purpose, the Acting City Manager submitted a written report of the City Manager, advising that the Department of fligh~ays has again requested the City of Eoanote to commit itself to this project In order that the High#ay Department and the Tonn of Viutou can proceed uJth the construction of this portion of Virginia Route 24, and recommended that since only $1,000 is needed ut this time, with the balance to be included in the 1966-67 budget, the necessary appropriation be made. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance transferring $1,000 from the Contingency Fund for the proposed project: (~16h04) AN ORDINANCE to amend and r,ordain Section ~16~, *Contingencies and Section ~170, "Capital,* of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, sec Ordin9nce Book No. 28. page 353.) Mr. Stoller moved the adoption Of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the follouing vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stall,r, Rheeler and Mayor Dillard ......................................... 7. NAYS= None ........................... Mr. Garland then moved that the City Attorney be directed to prepare the proper measure reqnestin9 the Virginia Department of Highways to program the proJec The motion mas seconded by Mr. Stoller and unanimously adopted. BUDGET-PARKS AND PLAYGROUNDS: The Acting City Manager submitted · mrittet report of the City Manager, advising that he has received three checks in the amount Of $1,000 each from anonymous donors for the improvement of Niley Drive, and recommended that $3,000 be appropriated to cover the donations. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: 247 248 (z16605) AN ORDINANCE to amend nad reordniu Section. DIG6. 'Contingencies, nnd Section ~170, 'Capital.' of the 196~-66 Appropriation Ordinance. ned providing for an emergency. (For full text of Ordinance, see Ordinance Book Wo. 26, page 353.) Mr. Stoller moved the adoption of the Ordinnnce. The motion ~ss seconded by Mr. Pond and adopted by the r,Il,ming vote: AYES: Messrs. G,fiend. Jones, Pollard. Pond, St,tier, Nheeler nod #nyor Dillard ......................................... NAYS= None ........................... BUDU£T-RECREATION DEPARTMENT-PARES AND PLAYUROUNDS: Council having included a provision in the 1965-66 budget that no funds shall be expended for capit improvements oF the purchase of equipment until Jannn Fy I, 19660 the Acting City Manager submitted a written report of the City Nonnger. advising that the Wilduood Civic League has offered to advance to the City of Rosnoke the sum of enclosed before the winter months, but he does not think Jt behooves tho City to bottom money from civic groups, and recommended that the body authorize the $3,000 expenditure as originally provided in the budget and permit the ~ork to be done expeditiously. On mo*iDa Of Rt. Stoller. seconded by NFo Pollard and unanimously adopted, With further reference to Thrasher Pork, Mr. H. Y. Robinson. President of the Wildwood Civic League, appeared before Council, advising that it is his n~der- standing Thrasher Park is one of the parks being considered as a site for a proposed 9-hole golf course to be donated to the City of Roanoke, and informed the body that by Mr. Pondaod unanimously adopted. BUDGET-PAY FLAW: The Acting City Manager submitted the following report "Roanoke, Virginia August 23. 196§ To the City Council Roanoke, YJrgjnia Gentlemen= The fo/lowing employees are needed for the efficient operation of the City. Me have checked ~ith each department and find these employees are needed. City Auditor - Junior Auditor Water Department - Delinquent Accounts Clerk, Group 17, Step l Draftsman, Group 10, Step I Airport - I Airport Servicemen - Group 15 I Airport Laborer ~ Group 10 Public Melrure - Cook II. Group 20 Library - I LJbrurI Assistant II, Grade 16 I Librarian II. Grade H I Art nad History Librarian. Group 13 Street Cleaning Division - I Broom or Fiusher Operator Group S. Step 1 Refuse Collection and Disposal - i Damp Trucker II Group ?, Step 1 Respectfully submitted. S! Arthur S. Omens City Manager" Hr. Stolier moved that Council concur in the recommendations of the City ManuRer end that the matter be referred to the City Attorney for preparation of the PAY PLAN: The Acting City Manager submitted u mritteo report of the City Manager on the operation of the Pay Plan for the year 1964. Mr. Pollard moved that the report be received and filed. The motion sas seconded by Hr. Pond and unanimously adopted. pARKS AND PLAYGROUNDS: The Acting City manager submitted a mrttten report of the City HonoRer, recommending that Council create a Mill Mountain Development Committee composed of the mayor. City Manager. Director of Parks and Recreation, Planning Director. President of the Roanoke Council of Garden Clubs and t~e President of the Junior Woman*s Club of Roanoke. adopted. AIRPORT: The Acting City Manager submitted a ~ritten report of the City an additional allocation of $2?°250 teuard the development of Roanoke Hunicipal (Hoodrnm) Airport has been approved under the fiscal year 1965 Federal Aid Airport Program, vhich increase brings the total allocation to $110,000 and reflects an completed and the system rill be installed ut the first practicable date. Mr. Stoller moved that the report be received and filed. The motion mas seconded by Hr. Pollard and unanimously adopted. 249 250 LEGISLATION-VIRGINIA MUNICIPAL LEAGUEs The Actlag City Msaeger aubeitted a mrlttea report of the City Maaagero adwisieg that recommendations of the Virginia Advisory Legislative Council relatieg to state end local revenaea amd expenditures, grants-in-aid and the need.for additional revenue for the localities to he presented et the nnennl eoneeatJoe of the Virginia Municipal League for discussion do not include anything uith reference to annexation, and expressed the opinion that Council should bring to the attention of this group its belief that some modern study should be made of the existing annexation lau. Mr. Stellar moved that Council concur in the report of the City Manager nod that the gutter he referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Mheeler and unanimously adopted. MATER DEPARYMENT: Coancil having authorized the Mater Department to continue, for the tiee being, to sell City mater to the Summerdean Mater Company on a temporary basis, the Acting City Manager submitted a uritten report of the City Manager, advising that the City of Roanoke sold 630,~00 cubic feet of mater to the Samuerdean Mater Company at a total cost of $2,092.48 for the period from June 1963, through May 26, 196S. Mr. Stol]er moved that the report be received and filed. The motion mas seconded by Mr. Wheeler and unanimously adopted. CiTY MANAGER: The Acting City Manager submitted a uritten report of the City Manager, tendering h~ resignation os City Manager effective August 31, Mr. Stoller moved that the resignation be accepted and that t~e City Attorney be directed to prepare the proper measure recognizing the very meritorious service rendered by the City Manager daring his more than seventeen years tennre in office, congratulating him on the significant accomplishments of the City of Roanoke during this perio~ and wishing him and his family well in their future Opportunities in their stay in Norfolk. The motion was seconded by Mr. Pollard and unanimously adopted. STATE HIGHWAYS: The Acting City Manager submitted n written report of the City Manager, advising that the Virginia Department of Highuays has requested that 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 uss seconded by Mr. Mheeler and unanimously adopted. AIRPORT: Council having approved the sale of certain buildings needed to be removed from certain properties in "Dogsood Acres" recently acquired for the north clear zone at Roanoke Municipal (Moodrum) AirpoFt, the Acting City Manager submitted the folloaing r~ art of the City Manager: 'Roanohe, ¥1rgJnJe ' August 23, 1965 To the City Council Hoauote, Virginia Gentlemen: On Monday, August 2, 196S, I reported to you that I had advertised for public bids rot the removal or three houses north of the ulrporto ten owned by Hurry H. Hill, Inc** and one by Junes C. Smith, and the respective offers for same. In uy discussion uith you, it nas not clear to ue nhethnr you finally authorized these funds to he placed in the General Funds of the City or the Airport Project Account. I would lJhe to impress upon Council this is a Joint agreement betueen the Federal Government and the City of Roanoke and I would lihe to recommend that you authorize these funds to he placed fa the Airport Project Account. Respectfully submitted. S/ Arthur S. Omens City Manager" The City Auditor advising that he does not think any action is necessary now since the total cost of the proJ ecs will be n ppropriuted ut the proper time, Mr. Stoller moved that the report of the City Manager be filed. The motion ems iseconded by Mr. Pollard and unanimously adopted. STREET LIGHTS: Council having referred to the City Manager for investJ9a- tiaa and report a request Of twelve residents of ~indsor Avenue and Mlnborne Street, S. ~.. that the street light at the intersection Of Nind$or Avenue and Hinborne Strut be restored to its original position, the Actin9 City ManuRer submitted a written report of the City Manager, ad~isin9 that uhile the Appalachian Power Company did change the electrical connection to the light earlier this year it has Jn no way changed the position of the light on the pole. that part of the problem seems to be the light does not shine into Minborne Street and that this Js true ~ecnuse of the ~ery heavy foliage on the trees in the area. Council being informed that the petitioners still want the light lowered on the pole, Mr. Pollard moved that action on the matter be deferred until the next regular meeting of the body in order that the residents Of the area may have the opportunity =to discuss the questio~ with Council. The notion was seconded by Mr. Garland and unanimously adopted. STATE CORPORATION COMMISSION: Council having referred a statement of the State Corporation Commission shoeing the assessed value of property of Public Service Corporations in the State of Virginia and tax levies for the year 1965 to the City Auditor to prepare an analysis, the City Auditor submitted a written report showing an increase of $40.859.85 in the assessed value of the properties in question which sill increase estimated revenue for the 1965-66 budget by $20,000. Mr. Stoller moved that the report be received and filed. The motion was secondqd by Mr. Pollard and unanimously adopted. 252 AUDITS-SCHOOLS: The City Auditor submitted reports oB the examination of Lacy Addison High School, Hilllum Fleming High School and Jefferson Senior HIGh Soho Activities Funds for the year ended June 30, 1965, made'by ~enuett and Keuuett, Certified Public Accountants, under the direction of his office,.stuting that the reports present fukly the financial condition of the respective funds at the end of the audit period. Mr. Hheeler moved that the reports be received and flied. The motion mss seconded by Mr. Pollard and unanimously adopted. Z(X~IRC: Council having referred to the City Planning Commission rot study report nad recommendation u request of Richard R. Humlett Construction Company, Incorporated. that the portion of u 6.9-ecru tract of land northeast of Frunh]ln Road. S. ¥., bordered by the Roanoke City carp orate line on the southuest and City of Roanoke property on the northmest, designated us Official Tax No. 1290101. zoned us General Residence District. be rezoned to Special Residence District, the City Planning Commission submitted a mritten report, recommendinG that the request be granted. #r, Wheeler moved that a public hearing on the matter be held at T:30 p.m. October 4, 1965. The notion sas seconded by Mr. Stoller and unanimously adoptee. HOUSINGoSLUR CLEARANCE: The City Planning Commission submitted the folloming report approving the erection of a 105-unit public housing project immediately ~est of the Hurt Park Elementary School: "August 19, 1965 The Honorable Benton O. Dillard. Mayor and Members of City Council Roanoke, Virginia Gentlemen: During the regular meeting on August lO. 1965 the City Planning Commission considered the proposal of the Roanoke Redevelopment and Housin9 Authority to erect a 10S-unit public housing project located immediately west of Hurt Park elementary school. The selection of this site mas made through close cooperation of the City Planning Department and the Housing Authority and is based on previous planning studies. More specifically, this site mas identified for multiple family housing in a planning study issued August 1965 and entitled *Meat End Neighborhood** on the basis of this report the City Planning Commission determined that the proposed location for this housing project is consistent mith long=range development plans for the neighborhood and the City as a uhole. The realization Of this project should, therefore, be considered another step in the implementation of the stated policies of the City of Roanoke to provide adequate and decent housing for its citizens, and to attain the improvement of Roanoke*s neighborhoods, Sincerely yours, S! W. R. 5ensbach for Henry B. Roynton Chairman* Mr. ~heeler moved that the report be received and filed. The motion mas seconded by Mr. Stoller and unanimously adopted. he REPORTS OF CO#NITTEES: NO~. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAINS: NONE. INYRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 16584. vacating, discontinuing and closing Harrison Avenue, N. M.. betoeen Jefferson Street smd Galnsboro Road, having previously been before Council for its first reading, reed and laid over. nas again before the body. Mr. Nheeler offering the follouino for ils second reading and final adoption: (ni6584) AN ORDINANCE enacted pursuant to the provisions of §15.1-364 of the Code of Virginia of 1950 as nuended to date. providing for vacating, discon- tinuing, and closing an undeveloped and unimproved street knonn as Narriton Avenue. N. N.. uhich is more particularly described hereinafter. (For full text,of Ordinsnce. see Ordinance Book No. 2S. page 350.) . Mr. Mheeler moved the adoption of the Ordinance. The mo*fan mas seconded by Mr. Pond and adopted by the follouin9 vote: AYES: Messrs. Carload. Jones. Pollard. Pond, Stoller, Nheeler and Mayor Dillard ......................................... 7. NAYS: None ...........................O. PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepa~ the proper measure accepting from the Norfolk and Mestern Rnilmay Company a bronze plaque to be placed in the Robert Hall Smith Park, he presented same; mhereupon. Mr. Stoller offered the follosing Resolution: (glOb06) A RESOLUTION relating to the City*s Robert Hall Smith Park. (For foil text Of Resolution, see Resolution Book No. 26. page 3§4.) Mr. Stoller moved the adoption of the Resolution. The motion sas seconded by Hr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard. Pond. Stoller, Nheeler end Mayor Dillard ......................................... ?. NAYS: None ...........................O. MOTIONS AND MISCELLANEOUS BUSINESS: PARKS AND PLAyGROUNDS-SCHOOLS: COuncll having referred a request of resi- dents of Fleming Avenue and Winsloe Drive. N, #., that the Breckinridge Junior High School athletic field be restored to a park by replacing the grass on the field and the fence around the urea to the City Manager for investigation, report and recommendation, Mr. Miley F. Thomas, President of the Williamson Road Recreation Club, and Mr. Glenn E. Lazenby, head football and baseball coach for the Williamson Road Recreation Club. appeared before the body advising that it ia their nnderstandin all night football games at the Hreckinrldge Junior High School have been canceled because Of the complaint, that the night football games do not last beyond 9:30, that 253 254 the baseball glues hare bees lilting longer thil piti lienor because of un increase la the number of teams plrtlciplling, and requested in opportunity to meet uith representatives or the City end residents of Fleming Avelle and JlMIloe Drive for th purpose nf uorhllg out e compromise.so that the sandlot football lad baseball glees can be continued. Hr. Pollard moved that the matter be reYerred to the City Manager to arrange I night meeting on Auglst 24, 1965, of representatives of the City, resident of Fleming Avenue and Wlusloe Drive, M. M., and the Mlllllmson Road Recreation Club, for the purpose of working out a comproelle. The motion ess seconded by Mr. Wheeler and unanimously adopted. PARKS AND PLA~ROUNDS: Mr. Pollard brought to the attention of Council the need for toilet facilities along Wiley Drive and moved that the matter be referred to the City Manager for an estimate of the cost. The motion was seconded by Mr. Wheeler and unanimously adopted. PENSIONS-POLICE DEPARTMENT-FIRE DEPARTMENT: The City Clerk reported that Sergeant R. W. Garnets has qualified as a member of the Police and Fire Pension Board, effective August q, 1965, to fill the vacancy created by the resignation of Patrolman J. M. Wash. Mr. Pollard moved that the report be received and filed. The motion was seconded by Mr. Pond and unanimously adopted. On motion of Mr, Pollard, seconded by Mr. Wheeler and cnantmously adopted, the meeting was adjourned. A P P R 0 ¥ E D ATTEST: ~ //City Clerk Mayor . COUNCIL, REGULAR MEETING. Mondcyo August 30, 1965, The Council of the City of ionnoke met la regular meeting in the Council ChaMber in the Municipal Building, Mondayt August 30, 1965, nt 2 p.m., the regular meeting hour, mith Mayor Dillard presiding, PIESENT~ Councilmen Robert A. Garland, James E, Jones, Roy g, Pollard, Sr.. Clarence E, Pond, Murray A, Smaller, Vincent S. Rheeler and Mayor Benton O, Dillard ................................. T. ABSENT: None .................O, OFFICERS PRESENT: Mr. Arthur S. Omens. City Manager, #r. James N. £incnnon. City Attorney and Mr. J. Robert Thomas, City Auditor, INVOCATION: The meeting was opened with n prayer by the Reverend C. Edmard Reynolds, Pastor, Mt, Olivet Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, August 2, 1965, having been furnished each member Of Council. on motion of Mr, Smaller, seconded by Mr, Pond end unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. CITY MANAGER: Mr. Arthur S, Owens, City Manager, having tendered his resignation effective August 31. 1965. Mr. Wheeler moved that Council take up out of order the matter of filling the pending vacancy. Yhe motion mas seconded by Mr. Pollard and unanimously adopted. Mr, Mheeler then placed in nomination the name of Julian F. Hlrst as City Manager of Roanoke. Virginia, effective October 15, 1965. to serve at the pleasure of Council, at a salary of $18,000 per annum. Mr. Jones moved that the nominations be closed. The motion was seconded by Mr. Garland and unanimously adopted. Mr. Julian F. Hirst was elected as City Manager of Roanoke, Virginia, effective October 15, 1965, to serve at the pleasure of Council by the folloming vote: FOR MR. BIRST: Wessrs. Garland, Jones, Pollard. Pond, Smaller, Mheeler and Mayor Oillard ........................ ?, In this connection, Mr. Smaller moved that a communication from Mr. Hirst advising that he is willing to accept the appointment as City Manager of Roanoke effective October 15, 1965, at a salary of $18,000 per annum, be filed in the offic of the City Clerk. The motion mas seconded by Mr. Pond and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanohe City School Hoard, advising that it will be necessary to appropriate $15,763 to complete the Melding, Bricklaying and Nurses Aide Training Programs which were already in operation mhen the 1965-66 budget mas adopted, was before Council. 255 256 Mr, Nheeler moved that Council concur In the request end offered the following emergency. Ordinance transferring n t,tel of $15,783 from the Contingency Food: (n16607) AN ORDINANCE to amend and reordoJn Section z166, 'Contingencies, end Section S~lO00. *Schools -~ Meoponer 0.evelopmeot ,ed Training,' of the 1965-66 Appropriation Ordieonce, and providing for an emergency, (For fall text Of Ordinance, see Ordinance Book Bo, 20, page 354,) Mr, ~heeler moved the adoption of the Ordinance. The motion nas seconded by Mr, St,lieF and adopted by the f,Il,ming vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St,liar. Mheeler and Mayor Dillard ................................ 7, NAYS: Nose .............~ .... O. BUDGET-SCHOOLS: A communication from the Roanoke City School Board, requesting an appropriation of $45,924 to provide for the initiation of new Machine Operators and Nurses Aide Trahlng Programs, was before Council. Mr. St.liar moved that Council concur in the request and offered the following emergency Ordinance transferring a total of $45,924 from the Contingency Fund: (~1h608) AN ORDINANCE to amend and reordain Section ~16~, *Contingencies, a~d Section s2lO00, "Schools - Manpower Development and Yro~ing," of the 19~5-~6 Appropriation Ordinances and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 28, page 355.) Mr. St,liar moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following rote: AYES: Messrs. Garland, Jones, Pollard, Pond, St,lieF, Wheeler amd Mayor Dillard .......................... NAYS: None ..................O. SCHOOLS: A semi-annual report of the Roanoke City School Board was before Council. Mr. St.liar moved that Council express its appreciation tn the Roanoke City Schoo! Hoard for the excellen~ report, commend the School Board for the outstanding way in which the Roanoke school improvement.program is operating and soggest that copies of the report be forwarded to the Chamber of Commerce and the various industries in the area. The motion was seconded by Mr. Wheeler and unani- mously adopted. SCH00LS-AUOXZORIUM-COLISEUM: A Resolution of the Roanoke City School Hoard, wholeheartedly endorsing the ~roposal to provide an AudltorJnm-Collseom for the City of R,an,he and offering Its full support, but pointing out that such endorsement shall not be construed as subordinating the urgency of the School Capital Improvement Program heretoforq submitted to Council, the first several phases of which, requiring immediate action, cannot await any delays in resolving the Auditorium-Coliseum issue, was before Couacil, Mr, Smeller moved that the Resolution be received and filed, The motion wes seconded by Mr, Pollard amd unanimously adopted, REPORTS OF OFFICERS: BUDGET-TRAFFIC-ALCOHOLIC BEVERAGES: Council having previously authorized the employment of registered nurses or other qualified persons to administer blood tests under the 'Implied Consent Leu,# the City Manager submitted a written report, recommending that $600 be appropriated to make necessary alterations in a room to be used by the Health Department for the blood tests, Mr. Jones moved that Council concur In the recommendation of the City Manager and offered the following emergency Ordinance transferring $600 from the Contingency Fund: (a16609) AN ORDINANCE to amend nod reordain Section g88, 'Maintenance of City Property,w and Section g166, 'Contingencies,' of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 355.) Mr. Jones moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, bheeler and Mayor D~llard ......................................... 6. NAYS: Mr. St,lief ....................1. BUDGET-PAY PLAN: The City Manager submitted the following report recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: 'Roanoke, Virginia August 30, 1965 To the City Council R,an,he, Virginia Gentlemen: I hereby request authority to fill the following vacancies in the City Force, all of which are needed: Strebt Repair - I Shift Clerk, Group IT I Street Crew Helper, Group 9 Sewer Maintenance Department - I Street Crew Helper, Group Sewer and Drain Department - I Street Crew Helper, Group 9 Fire Department - 2 Firemen Detention Home - I Superintendent Respectfully submitted, S/ Arthur S. Owens City Manager~ Mr. Stoller ~oved 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. Mheeler and unanimously adopted. PARKS AND PLAYGROUNDS- GARBAGE M£MOVAL: Counc il haying author ized the City Manager to hare appraised additional property necessary for the enlargement of 257 258 the East Gate Sanitary Landfill and to uegotJete mltb the respective omo.rs thereof for optioas thereon, the City Manager submitted i written report, advising that ther Is a good possibility the land proposed to be acquired mould qualify for 50 per cent Open Space funds under the mew Housing and Urban Development Act ut 1965, that the estimated cost of the project Is $55,000, and recommended that he be authorized to make application to the Housing amd Home Finance Agency, Open-Space DJrlsloa, for a 50 per cent grant-in-aid to assist in the acquisition of the land for the East Gore Mr. Jheeler moved that Conncil concur in the recommendation of the City Manager and offered the follomlng Resolution: (~16610) A RESOLUTXON authorizing and directing that application be made to the Housing and Home Finance Agency, Open-Space Division, for a SO per cent grant-in-aid to assist in the City*s acquisition of land for the East,Gate Park. (For full text of Resolution, see Resolution BOOR NO. 29, page 356.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Mr. 5toiler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Hheeler and Mayor Dillard .......................... 7. NAYS: None ..................O. PARES AND PLAYGROUNDS: Council having authorized the City Manager to file an application with the Housing and Home Finance Agency. Open-Space Qlvislon, for a grant-in-aid to assist in acquiring land for Strauss Park, the City Manager submitted a written report, advising that there is a good possibility of obtaining 50 per cent Open Space funds under the new Housing and Urban Development Act of 1965 instead of 35 per cent under the Housing Act of 1961, and recommended that he be authorized to file a new application. ~r. Mheeler moved that Council concur ia the recommendation of the City Manager and offered the following Resolution: (u16611) A RESOLUTION authorizin9 and directing the filing with the Housing and Home Finance Agency, Open-Space Division, of the City*s application for a grant-in-aid to assist in acquiriog certain open=space land, to be developed as Strauss Park; and repealing Resolution No. 16315 relating to the filing of a certain other similar application. (For full text of Resolution, see Resolution Hook No. 28, page 357.) Mr. Rheeler moyed the adoption of the Resolution. The motion was seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs. garland, Jones, Pollard, Pood, Stoller, Rheeler and Mayor Dillard .......................... ?. NAys: None .................. O, AIRPORT: Council having authorized the City Manager to offer Charles E. Carter and Lois G. Carter the sum of $20,S00 for their land in the Dogwood Acres Snbdivisiom in Roanoke County in connection with providing a clear' zone for the oortk-south runway at Roanoke Muulclpnl (Moodrew) Airport, the City Mannger submitted o written report, trunswltting a counteroffer of the owners ia sell the laud to the City of Roanoke for the sum of $20,500 provided they are permitted to remove the dwelling house thereon ut their own expense, and recommended that the counteroffer be accepted. Mr. Smaller moved that Council concur in the recommendation of the City Manager nnd offered the following Resolution: (n16612) A RESOLUTION relating to the City*s acquisition of certain land in Roanoke County heretofore authorized to be acquired by Ordinance No. 16165, for Municipal Airport purposes. (For full text of Resolution, see Resolution Rook No. 28, page 359.) MFo Smaller moved the adoption of the Resolution. The motion was seconde* by NFo Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stoller, Rheeler and Mayor Dillard .......................... 7. ~AYS: None .................. O, STAZE HIUHRAYS-STREETS AND ALLEYS: The City Manager submitted a written report, recommending that be be authorized to acquire from the Hame For The Aged, Church of the Brethren, Incorporated, a O.432-acre strip of land located on the south side of Hershherger Rood, N. W., being a part of Official Tax No. 21RIOO1. part of which is needed by the Ylrginia Department of Highways in connection with its proposed improvement project on Virginia State Route 623 and part of which will be needed by the City of Roanoke for the future widening of Hershberger Road, in exchange for curb, gutter and street pavement when the City widens Hershberger Road. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (m16513) AN ORDINANCE authorizing the acquisition of a O.43R-acre strip or parcel of land on the south side of Uershberger Road, N. W.. needed for public street purposes, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2R, page 360.) 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, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: Hone .................. O. CIYY AUDITOR: The City Auditor submitted a financial report of the City of Roanoke for the month of July, 1965. Mr. Stnller moved that the report be received and filed. The motion was seconded by Mr. Wheeler and unanimously adopted. 259 26O BUDGET: The City Auditor submitted u written report au un analysis of the Contingent! Fund showing ? balance of $301,710.91 mlth additional revenue of $468,292,00, u total of $850,002,91, Mr, Pollard moved that the. report be received end filed and that the revenue in the 1965-66 budget be adjusted accordingly. The motion was seconded by Hr. Jones and unanimously adopted. PENSIONS°POLICE DEPARTMENT-FIRE DEPARTMENT: COUncil having deferred uctio on un unenduent to Section 1, Chapter 2* Title III, of Th~ Code of the City of Roanoke, 1956, providing that retirement of any member of the Police and Fire Penslpn System shall be compulsory at the age of 65 years rather than 66 years as at present, and having referred the matter to the Personnel Department with the request that the body be furnished with the number of members of the Police and Fire Pension System who would be required to retire at the age of 65 each year, the Personnel Director submitted a written report showing that the proposed amendment will affect the members of the Police and Fire Pension System until December 31. 1985. Mr. Broiler moved that the report be received and filed. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: NONE. U~TINISHED BUSINESS: STREET LIGHTS: Council at its last regain? meeting having deferred action ua a report of the City Manager in connection with a petition signed by twelve residents of Windsor Avenue and Nlnborne Street. S. ~.. requesting that the street light ~t the intersection of Windsor Avenue and Nlnborne Street be restored to its original position, in order-to give the petitioners an opportunity to be heard. the matter was again before the body. No one appearing in connection with the matter. Mr. Stoller moved that the report of the City Manager. advising that the position of the street light has not been changed, be received and filed. The motion was seconded by Mr. Pollard and ananimously adopted., CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES ANY RESOLUTIONS: STATE HIGHWAYS-BRIDGES: Council having directed the City Attorney to prepare the proper measure authorizing and directing the City Manager to make proper application to the Commonwealth of, Virginia~ Department of Highuayn..for the prompt programming of a highway project providing for the improvement of that portion of Dale Avenue. S. E.. from Vernon Avenue to the corporate limits of the Town of Vlnton. including the construction of a new bridge over Tinker Creek. he presented same; whereupon. Mr. Nh,clef offered the following, B, solution: (#16614) A B£SOLUTIOH relating to proposed improvements of Dale Avenue. So E.. and the Dale Avenue bridge, from Vernon Avenue to the corporate limits of the Town of Vinton. a portion of State Route No. 24. (For full text of Resolution, see Resolution Book No. 28, page 360,) Mr. Wheeler moved the sdoptlol of the Resolution. The motion mas seconded by Mr. Stoller nad adopted by the folloming vote: AYES: Messrs. Gevlendt Jones, Pollerd, Pond. Smeller, Jheeler sad Hayer Dillard .......................... NAYS: Nose .................. O. The total estimated cost of the project to the City of Roanoke being $16,500. Mr. Jones moved that a copy of the Resolution be referred to the 1966-67 Budget Commission for its Information. The motion was seconded by Mr. Smeller and unanimously adopted. BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in various mnnicipal departments since they are Of an emergency nature, he presented same; whereupon, Mr. Pond offered the following Resolution: (~15615) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution. see Resolutiom Boor No. 28, page 351.) Mr. Pond moved the adoption of the Resolution. The motion mas seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Smaller, Wheeler and Mayor Dillard .......................... 7. NAYS: Nose ..................O. PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure creating a committee to assist in and make recommendation for the long-range development of'Mill Mountain Park, he presented same. Mr. Stoller moved that Council defer action on the Resolution until its next regular meeting in order that the members of the body might give consideration to the personnel of the committee. The motion mas seconded by Mr. Jones and unanimously adopted, CITY MANAGER: Council having directed the City Attorney to prepare the proper measure recognizing the services of Mr. Arthur S, Owens as City Manager Of Roanoke. he presented same; mhereupon, Mayor Dillard relinquished the Chair and offered the following Resolution: (~16616) A RESOLUTION recognizing the services of Arthur S. Owens as City Manager~ (For full text of Resolotion, see Resolution Boor No. 28, page 362.) 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, Pond. Stoller and Vice Mayor Nheeler ....................... NAYS: None ....................O. Mayor Dillard then resumed the Chair and presented a Certificate of Merit to the City Manager. 262 Mayor Dillard Ils, presented u silver truy with the original signatures or all of the members of Council to the City Manager ia recognition of his services. Each member of Council e~pressed pleusur~ in morkfng mith the City Manager and complimented him. Mr. B. H. Hsrden also complimented the City Manager for his accompllshnent~ The City Manager expressed his appreciation for the recognition and his pleasure In serving the City of Roanoke us City Manager for more than seventeen. years. STATE HIGHWAYS: Council having directed the City Attorney to prepare the proper measure designating the proposed mSouthmeet Freeway~. State Route 599. a limited access road from Elm Avenue. south to its intersection with the Junction of U. S. Route 220 sod State Route 419. south of the city limits, he presented ssme; nh,reap,no Mr. Wheeler offered.the following Resolution: (a16617) A RESOLUTION designating the proposed WSouthnest Freeway'. State Route 599. a limited access road from Elm Avenue. south to its intersection with the junction of U. S. Route 220 and State Route 419. south of the City limits. (For full text of Resolution. see Resolutfnu Hook No. 28. page 363.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. Stoller. Wheeler and Mayor Dillard .......................... ?. NAYS: None .................. O. STATE HIGHWAYS: Mr. Stoller offered the following emergency Ordinance amending Ordinance No. 16590 providing for the acquisition of certain properties needed for Virginia State Route No. 24: (~1661H) AN ORDINANCE amending Ordinance No. 16590 providing for the acquisition of certain properties needed for the City's State Route No. 24 Project; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 28. page 563.} Mr. St,liar moved the adoption of the Ordinance. Zhe motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St,lief, Wheeler and Mayor Dillard .......................... 7. NAYS: None .................. Oo MOTIONS AND MISCELLANEOUS BUSINESS: PENSIONS: Mr. St,liar read the following proposal for placing the retire- ment systems of city employees under social security: *August 27. 1965. Honorable Mayor end Fellow Members of Roanoke City Council, Roanoke, Virginia. Gentlemen: In explanation of the item on the agenda for August 30 in which it is proposed we discuss placing oar employees retirement systems under social security, this Council wishes to expand the coverage of our retirement systems, save the employees money, Bud also save the Ctty°s money on its &nuuel contribution to the systems, There are a number of elterutives available to es, Me cna keep the p~esent system unchangedo we cam odd social security to the present system unchanged, or me cum adjust the present system to take into account the social security coverngeo The social security coverage hun Just been extended by Congress to include old age hospital benefits, It cum reasonably be expected that the Yederul social security coverage will be quite responsive to ecoa*mtn and political currents, It is already o fur better system than ours and it can be expected to become even better for these reasons, I om only u lukemarm federalist, but if you caner beat them It Is then else to Join them, In view of the overall fiscal picture of our City, it seems to me that the most feasible course is for us to adjust our systems to use social security coverage as the base coverage, This should save us money annually and provide better coverage for our employees as well us save them moneyo I therefore propose that we consult our actuary to determine the advisability and costs to bring our employees under our retirement system under social security, and to determine further the costs of supplementing such new system to provide the retirement benefits which our present system provides. I further propose that we advise the Virginia Supplemental Retirement System that we desire a referendum among employees non under our retirement systems to decide whether or not they desire social security.coverage. (There has been sent you a copy of the letter of August 16, 1965, from the director of the VSRS outlining these requirements.) Respectfully, $/ Murray A, 5toiler Murray A, St*liar." After a discussslon of the matter, Rt. Stoller moved that the City Att*rue be directed to prepare the proper measure providing for the implementation of his proposal by an actuary. The motion was seconded by Mr, Garland and unanimously adopted. DUDG~T-TAXES: Council having referred the matter of changing the due date on real estate tax payments in view of its adoption of the fiscal year to the City Auditor for study, report and recommendation, Mr. St*lief read the foil*ming proposal with regard to changing the penalty dates: WAugust 27, 1965. Honorable Mayor and Fellow Members of Roanoke City Council, Roanoke. Virginia. Gentlemen: 1. In explanation of the item on the agenda for August 30 in which - it is proposed we discuss the due dates for 1966 real estate tax payments and the tax rate it is necessary that dates con= forming to the new fiscal year be adopted. In tabular form this is the situation: Present Dates Payable Without Tax Due Penalty By March 1 March 31 June 1 June 30 September I September 30 November I December 5 Proposed Dates Payable ~ithout Tax Due Penalty BT March I April 5 June I June 5 SeptemberI September 5 November I December 5 The dates proposed would bring in the revenue in a manner conformable to the new fiscal year. The basic reason for 263 26zt aaggestieg the cia·ge bo made mom la that th· priutiag of the tax. tickets is · coupllceted and formidable Job, Bnder the old system the order had usually beb· give· about the present time, It is said that printers take · lengthy Christmas~vacatJoa which puts u squeeze on getting the tickets processed i· time for the collection of the first quarter, This Council has expressed Itself on · ·umber or occasions as determined to maintain the present property tax rate of $3,45 per one hundred dollars of assessed valuation, Doder the former system the tax rate was left open until adoption of the budget by calendar yeares end, There seems no sabstential objection Ia adoption of the tax rate of $3,45 now si·ce we adopted the budget with revenue forecasts tun months ago, Respectfully, S/ Murray A. Stoller Murray AG Stoller** Mr. Stoller then moved that the City Attorney be directed to prepare the proper measure in accordance with bis proposal, The matin· was seconded by Mr, Iheeler and unanimously adopted. STREETS AND ALLEYS: Mr. 5toller advised Council that Mrs. Roy Eo Fun*z, 1005 Clearfield Road, S. l** is quite concerned about the widening of Colonial Avenue, S. W., and has requested a map showing the details of the widening of the street. After a discussion of the matter, Mr. Stoiler moved that the Glty Manager be directed to furnish Mrs. Foutz with a map showing the details of the widening of Colonial Avenue. The motion Has seconded by Mr. Pollard and unanimously adopted. PARKS AND PLAYGROUNDS: Mayor Dillard advised Council that the Robert Hall Smith Park was dedicated at 4:30 p.m., August 29, 1955, and that a memorial plaque was unveiled by Mrs. Smith. PARKS AND PLAYGROUNDS: Mayor Dillard advised Council that Golden Park was dedicated at 5:30 p.m., August 29, 1955, and that a memorial plaque was unveiled by Mrs. Sadie C. 6olden. which plaque was accepted on behalf of the city by the Mayor, ¥tce Mayor Wheeler and Councilman Pond. HOUSING-SLUM CLEARANCE: The City Clerk reported that Mr. John F. Newsom. Jr., has qualified as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term of four years beginning September 1, 1955. On motion of Mr° Stoller, seconded by Mr. Wheeler and unanimously adopted, the report was filed. LIBRARIES: The City Clerk reported that Mr. C. Francis Cocke, Mr. George P. Lawrence and the Reverend Harold E. Helms have qualified as members of the Roanoke Public Llbrary Board for terms of three years each ending June 30. 19h6. On motion of Mr. Stoller, seconded by Mr. Pond and unanimously adopted. the report was filed. COUNCIL: Mr. Stoller pointed out that the next regular meeting of Council fails on a legal holiday and offered the following Resolution changing the date of the regular meeting to 7:30 p.m., September 7, 1965: (z16619) A RESOLUTION changing the date of a regular meeting of the Council o! the City of Roanoke, (For full tent of Resolution, see Resolution Rook No, 20, page 364,) Mr, Stoller saved the adoption of the Resolution. The motion was seconded by Mr, Jones and adopted by the following vote: AYES: Yessrs. Garland. Jones. Follurd, Pond, Stoller. Mheeler and Mayor Dillard .......................... ?, ~AYs: ~one .................. O. CDQNGIL: Mr, Stoller pointed out that several members of Council plan to attend the annual convention of the Virginia Municipal League at Virginia Reach, September 12 - 14. 1965. and moved that the regular meeting on September 13, 1965, be dispensed with by virtue of a quorum falling to appear, The motion was seconded by UFo Jones nnd unanimously adopted. On motion of Mr. Pollard, seconded by Mr, Jones and unanimously adopted. the meeting mas adjourned. APPROVED ATTEST: ~ity Clerk Mayor 265 266 I COUNCIL. REGULAR NEETING. Taesdsy September 7. 1965. The Council or the City or Roaaohe met in regular meeting in the Council Chseber in the Municipal Duildie9. Tuesday. September 7. 1965. at 7:30 p.m.. the regular meeting hour. with Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland. James E. Jones. Roy R. Pollard. Sr.. Clarence E. Pond. Hurray A. Stoller, Vincent 5. Nheeler end Mayor Benton O. Dillard ................................. 7. ABSENT: None ................. O. OFFICERS PRESENT: Hr. J. Robert Thomas, Acting City Nanuger and City Auditor, and Hr. Janes N. £incanon. City Attorney. INVOCATION: The meeting mas opened uith n prayer by the Reverend Vernon Railer, Pastor, Hess End Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, August 9, 1965. having been furnished each member of Council, on motion of Mr. Stoller, seconded by Hr. Pond and unanimously adopted, the rending thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC HATTERS: S~REETS AND ALLEYS: Council having previously set a public hearing for 7:30 p.m., Tuesday, September 7. 1965. on the request of abutting landowners that a portion of Roy Drive. S. H., running parallel to Southern Hills Drive. east of Griffen Road, located within the limits of the City of Roanoke, and that portion of an unnamed street betmeen Blocks I and 2. Southern Hills (now a portion of Lot 7, Block 1, Edgehill Estates). 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, was before Council: "July 14. 1065 The Honorable Benton O. Dillard. Hayor end Members of City Council Roanoke, Virginia Gentlemen: In its regular meeting of July T, 1965 the Planning Commission considered the above described street closing request. The petitioners have recently effected the vacation of a recorded subdivision of lots fronting on Roy Drive. turning the existing land back into *acreage.* For this reason, it is not necessary to retain the described portion of Boy Drive as access road to adjacent land. Having duly made field inspection and after studying the pertinent regolations of the subdivision ordinance, the Planning Commission recommends to City Council that the shove described portion of Roy Drive he vacated, discontinued and closed, the City retaining easements for public utilities. Very truly yours, S/ Merrier K. Sensbach for Henry B. Hoynton Chairman" 267 268 Cosacil having appointed viemers lB connection mlth the application, the vlemers submitted n urltten report, advising that they have vleued the said streets and adjacent neighborhoods and are unanimously or the opinion that aa inconvenience mould result either to any individual or to the public from vacating, discontinuing isnd closing said streets. Mr. James E. Buchheltz, Attorne7, representing the petitioners, appeared before Council in support .of the request of his clients and presented a map dated January 16, lq61, shaming the streets proposed Lo be closed. No one appearing in opposition to the request, Mr, Stoller moved that Council concur in the recommendation of the City Planning Commission and that the following OrdJnence be placed upon its first reading: (m16620) AN ORDINANCE permanently abandoning, vacating, discontinuing and closing certain streets or portions thereof located partially in the City of Roanoke, Virginia, as shown on the Map of Section No. 1, Southern Hills, of record in the Clerk*s Office of the Circuit Court of Roaneke County, ¥1rginfa, in Pial Boob 3. page 16. ~HEREAS. the abutting property omners have heretofore filed n petition before City Council. in accordance mith lam. requesting Council to permanently abandon, vacate, discontinue and close certain streets or portions thereof shown on the Map of Section No. l. Southern Hills. of record in the Clerk*s Office of the Circuit Court of Roanoke County. Virginia. in Plat Book 3. page 16. and which said streets or portions thereof a£e more particularly Leceinafter described; and as to the filing of said petition, duo notice mas given to tLe puLlic as required by law; and ~HER£AS. in accordance #it~ the pro,er of said petition. Besoletion No. 1631{ was adopted by the said City Council on the flth day of March. 1~65. pursuant to which vieuers were appointed to view the said property and to report in writing ~hat inconvenience, if any. would result from permanently abandoning, vacating, dis- continuing and closing the said streets or portions thereof hereinafter described; MHEREAS, u public hearing os tbs question ~us held before the Council on the 7th day of September, 1965, niter due and timely notice of said meeting, ut uhich hearing all parties in interest end citizens mere afforded un opportunity to b heard on the question of tbs proposed street closing; end NHER£AS, upon consideration or the Batter, the Council Is of the opinion that no inconvenience mill result to say omner or to the public rron the permanent abandonment, vucutingo discontinuance and closing of the said streets or portions thereof hereinefter described nad them the petitioners' application to permanently close the same should be granted, said petitioners having agreed to bear and defrey the expenses incident to the closing of same. TBERHFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that those certain streets or portions thereof located in the soutlmest section of the City of Roanoke and described as folloms: BEGINNING at a point on the southerly side of Roy Drive which point is located approximately 943.4 feet northeasterly from the point of intersection of the soutterly side of Roy Drive mith the easterly side of Driffen Rand; thence leaving said point N~ 37° I?' N. 50 feet. more or less, to a point; thence S. 54° 43° #. 74,S9 feet, more or less. to a point on the northerly side of Roy Drive: thence leaving Roy Drive and mlth a curve line to tbs right in a northerly direction mith u radius of E5 feet and a tangent of 25 feet. an arc distance of 39.27 feet to u point on the westerly side of un unnamed street; thence with the westerly line of the said unnamed street N. 35° 17' W. 240 feet to a point; tLence 5. approx= imately 74° E. 60 feet, more or less, to a point on the easterly side of said unnamed street; thence S. 35° 17' E. 175 feet to a point on the easterly side Of said unnamed street: thence mitt a curve line to tls right in a southerly direction mith a radius of 25 feet and a tangent Of 25 feet, an arc distance of 39.27 feet to · point on the northerly side of Roy Drive: thence mith the northerly side oF Roy Drive N. 54° 43* E. 1177.9 Feet to a point: thence leaving the northerly side of Roy Drive.S, 24' 04*E. 50 feet to a point On the southerly side of Roy Drive; thence with the southerly tide of Roy Drive S. 54° 43' N. 1200 feet to the point and place of Beginning. and being mere* parti- cularly shown and described on that certain map entitled "Section No. 1, Southern Hills". Of record in Plat Book 3, page 16, in the Clerh*s Office of the Circuit Court of Roanoke County, Virginia, all bearings and distances herein referred to being taken from the aforesaid mop entitled "Section No. 1, Southern Hills", be, and the same hereby ore. permanently abandoned, vacated, discontinued and closet the City of Roanoke. however, reserving unto itself an easement for any water, seuer Or other public utility line or lines, if any, non existing therein and the right of ingress and egress for the maintenance and repair thereof. B£ IT FUR?HER ORDAINED that the City Engineer of the City of Eoanoke be, and he hereby i~. ~trected to mark "Permanently Abandoned, Vacated, Discontinued and Closed" those certain streets or portions thereof hereinuhove described on all maps end plats on file in the Office of the City Engineer Of the City of Eoanoke, Virgini on mhich said maps and plots said streets or portions thereof are shown, referring to the book and page of Resolutions and Ordinances of Council uherein t;is Ordinance shall be spread. BE IT FUR?HER 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 269 27O Ordinance In order that the said Clerk Boy make proper notations on all naps or plat: recorded in his said office upon nhicb are ah,un the said streets or portions thereof herein permsnentl! abandoned, vacated, discontinued and closed ss provided by law. The notion nas seconded by #v~ Jones and adopted by the f,Il,ulna rote: AYES: aessrs~ Csrlmd. Jones. Pollard. Pond. St,lief. Wheeler sad #syor Dillard ......................................... ?. NAYS: None ........................... SERRRS AND S'FORM DRAINS: Council havJn9 referred to 1965-66 budget study the question of appropriating $6.500 to install a portion of · storm drain or $31.00¢ to install a complete system in connection mlth the request of residents of the 3700 and 3800 blocks of Salem Turnpike, N. M** that drainage conditions in the area he corrected, a delegation of residents of Salem Turnpihe again appeared before the bad with Nr. William S. Haupt. President of the ~estmood-Nilmont Civic League. noting as spokesman, Mr. Haupt displaying pictures and e movie shaming the drainage conditi advising that the problem ts becoming more acute and pro§r,naively damaging the longer Jt is put off. Also speaking on the subject were Mrs. Cie,pa M. O,ode and Mr. M. H. Grant Mr. Grant p, latin9 out that the drainage mater on Salem Turnpite alii freeze t~J$ winter and create a traffic hazard. After a discussion of the matter, Mr. Pollard moved that the question be referred to a commltteecomposed of the City Manager and Messrs. H. Cletus Hroyles, Nllliam F. Clark, J. Robert Thomas, Benton O. Dillard and James E; Jones in connec- tion ulth lis study of a Capital Improvements Program for the City of Roanoke. The motion was seconded by Mr. Pond and unanimously adopted. in this connection, Mr. Jones stated that many of the drainage problems are created by subdividers, that Council has requested t~e City Planning CommisSion to bring up to date the Subdivision Ordinance in conformity with the proposed new Zoning Ordinance, that in his opinion as soon os the Zoning Ordinance is adopted the body should concentrate on a more strlegent Subdivision Ordinance, and moved that the Acting City Manager be directed to ascertain from the City Planning Commission the status of its study of the Subdivision Ordinance. The motion Mas seconded by Mr. Garland and unanimously adopted. pARES AND PLAyGROUNDS~ A delegation of representatives of the R,an,he Council of Garden Clubs. O,ant,un R,an,he. Incorporated. and the R,on,he Chamber of Commerce appeared before Council, with Mrs. ~o B. Rasnake, Chairman of the Civics and Hands Committee of the Roanoke Council of Garden Clubs, actin9 as spokesman, Mrs. Rasoahe presenting a Resolution of the Roanoke Council of Garden Clubs opprovil the preservation and improvement of Elmwood Park as a park area only not to be commercialized in any may, and requesting that a competent landscape architect be obtained by the City Of Roanoke to drax a plan for Elmwood Park, that Improvements h made or at least started mhen street improvements take place on the east and south So sides of the perk, smd that consideration be give· to the possibility or erecting u multi-purpose facility adjacent to lke Roanoke Public LJbrnry to accommodate a varlet of zctivities, including se·Jar citizens mud public ~eetiugs, in orde~ that the building presently used by the se·Jar citizens might be aba·do·ed. Sposhiug In support or the Resolution mere Hr. John J. Dutler, President nf the Chamber of Commerce ned Mr. Rilliam R, Hill, Executive Director, Dountoun Roanoke, Incorporzted, After · discussion of the matter, Council being informed that · pla· previously approved by the body proved to be not uorkuble, Hr. Pollard moved that the Resolution or the Roanohe Council of Garden Clubs be referred to the City Planning Commission for study, report and recommendation, said.report to include the schedulec date roy completion cf the street improvements. The motloo mas seconded by Hr. Stoller end unanimously adopted. PETITIONS AND COMMUNICATIONS: AIRPORT: A communication from Dodso·, Peace and Coulter, Attorneys, repre- senting Mr. R. p. Francisco, doing business us M ~ 0 Air-Work, requestin9 permission to operate an aircraft from Roanohe Municipal (Moodrum) Airport for the purposesof banner taming, aerial photography and aerial patrol mss before Council. In this connection, Mr. E. Driffith Dodson, Jr., Attorney, appeared before Council in support of the request of his client.. Mr. Mesley V. Hillman, representing fixed base operators at Roanoke Municipal (Noodrum) AJrp~ t, appeared before Council, advising that the fixed Lane operators are not opposed to the granting of permission for the three purposes requested, but that they are opposed to the possibility Of granting full operating privileges to Mr. Francisco. Mr. Dodson explaining that the application is not a request for full operating privileges,Mr. Pollard moved that the matter be referred to a committee composed of Messrs. Roy L. Rubber, Chairman, Roy R~ Pollard, Sr., Miiliam H. Carder, Robert W. Moody, J. N. Barrens, T. £. Frantz and Francis X. Carroll for study, repot end recommendation to Council. The motion was seconded by Mr. Jones and unanimously adopted. SE~ERS AND STORM DRAINS: A communication from Halmode Apparel, Incorporate requesting that the uncovered portion of Lick Run north of its property nt the north- On motion of Mr. Stoller, seconded by Mr. Jones and unanimously adopted, the matter was referred to the Acting City Manager'for study, report and recommen- dation to Coancll. CITY MANAGER: A Resolution of the Women*s Democratic Club Of Rm nuke, recognizing and expressing its appreciation for the outstanding, energetic and faithful service of Mr. Arthur S. Omens as City Manager of Roanoke, was before Council. 27'! 272 On motion of Mr. Wheeler, seconded by Hr. Pollerd nnd unanimously adopted, the Resolution uss flied. REPORTS OF OFFICKRS: STREET LIGHTS: The Acting City #nnsger submitted n written report, racom- Beading that n street light be installed Jn the Biddle of the 2?00 block of ~ennedy Street, N. E. Hr. Stoller Bayed that Council concur ia the recommendation of the Acting City #nudger and offered the following Resolution: (~16621) A RRSOLDTION authorizing the installation of one 2S00 lumen overhead incandescent street light in the diddle of the 2700 block of Kennedy Street N. E., (AP Pole No. 230-610~). (For full text of Resolution, see Resolution Book NO. 28. page 365.) Mr. Stoller moved the adoption of the Resolution. The Ration was seconded by Mr. Pollard nod adopted by the following vote: AYES: Messrs. Gnrlnnd, Jones, Pollard, Pond. Stoller. Nheeler and Mayor Dillard ......................................... ?- NAys: None ...........................O. AIRPORT: The Acting City Kanager submitted the fo/lowing report with reference to auendin9 the Grant Agreement for Project Ho. 9-44-012-6414 at Roanoke Municipal (Roodrum) Airport: 'Roanoke, Virginia September,?. 1965 To the City Council Roanoke, Yfrgfuio Gentleuen: Pursuant to Resolution No. 16502 adopted'by the Council on the 28th day of June, lqGS, the Federal Aviation Agency has approved an amendment to the Grant Agreement between the City and the Federal Aviation Agency for Project No. 9-44-012- 6414. I am forwarding herewith a resolution accepting the amended Grant Agreement, with a recommendation that it.he adopted. Appropriations heretofore made for'this projec[ t~tal $310,000, whereas the Grant Agreement is for a total of $308,000, leaving $2,000 in the appropriation account, which should be cancelled. Respectfully submitted, S/ J. Robert Thomas Acting City Manager" Mr. Stoller moved that Council concur in the recommendation of the Actin City Manager and Offered the following Resolution amending the Grant Agreement: (~16622) A RESOLUTION ratifying and adopting Amendment.No. 1 to Grant Agreement for Project No. 9-44-012-6414, (Contract NO. FA-EA-523) heretofore entere( into between the City of Roanoke and the United States of America, Federal Aviation Agency, accepted June 30, 1964. , . (For full text of Resolution, see Resolution Book No, 28, page 365.) Hr. SI,liar loved the adoption of the Resolution. The lotion mss seconded by Nr. Pond and adopted by the f,Il,ming vote: AYES: Mesors. Garland. Jones. Pollard. Pond. SCalier. Nheeler nnd Nny~ Dillard ..................................... NAYS: Nose ...........................O. Mr. St,liar then offered the follouing emergency Ordinance transferring th~ $2,000 to the Contingency Fund: (=16623) AN OROINANCE to amend nad reordain Section =166. "Contingencies.' end Section ~170. 'Capital.' of the 1965-66 Appropriation Ordinance. and providing for ne emergency. (For full text of Ordinance. see Ordinance Book No. 20. page 367.) Mr. St,liar moved the adoption of the Ordinance. The motion mas seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard. Pond. St,lieF. Nheeler and Mayor Dillard ......................................... ?. NAYS: None ...........................O. AIRPORT: The Acting City Manager submitted the follouing report mith regard to amending the Application for Project No. 9-44-012-C615 at Roanoke aunicipa (Moodrnm} Airport and executing a Grant Agreement in accordance mlth said amendment: 'Roanoke , Virginia September 7, 1965 To the City Council Roanoke. Virginia Gentlemen: Pursuant to Resolution No. 16504 adopted on June 20, 1965, a project application for Federal aid for Airport Project No. 9-44-012-C615 was filed with the Federal Aviation Agency, After filing of the application, it mas subsequently amended to delete therefrom certain pa,in9 at a cost of $15.000. thereby reducing tho total cost of the project from $235.000 to $220,000; and by agreements as follows: 'The Sponsor covenants and agrees that with respect to the land adjacent to and in the immediate vicinity of the airport, over ahich it is statutory zoning authority, it mill adopt comprehensive and height zoning satisfactory to the FAA by September 1~ 1967." and 'The Sponsor covenants and agrees that mith respect to land adjacent to and in the immediate vicinity of the airport mhlch is under the Jurisdiction of Roanoke County, it mill propose to and encourage Roanoke County to adopt comprehensive and height zoning satisfactory to the FAA by September 1, 1967.0 The amended Grant Agreement application has been approved by FAA, and I am formarding heremith a resolution accepting the Grant Agree- ment, mhich I recommend yon adopt. By reason Of reduction of the cost of the project, there is $15,000 appropriated in the 1965-66 budget mhich should be cancelled. Respectfully submitted, S/ J. Robert Thomas Acting City Manager" Mr. Stoller moved that Council concur in the recommendation of the Acting City Manager and offered the following Resolution mitb regard to the Grant Agreement: 273 274 I (o16624) A RESQLUZION ratifying and adopting the City's Application of June 29. 1965, st omendedl accepting the Grant Offer issued thereon for ProJect No. 9-44~o12-c6151 ~uthorizing the Acting City Hqnsger t, execute sold Groat Agreement os evidence or the.Cityts acceptance there,fl authorizing the City Clerk to affix the City°s seal nnd.to attest the some~ and authorizing the City Attorney to execute the requisite certificates. (For full text o! Resolution, see Resolution B,oh No. 20. page 367.) Mr. St,lief moved the adoption of the Resolution. The motion mos seconded by Mr. Wheeler ,od adopted by the f,Il,ming vote: AYES: Messrs. Garland. Jones. Pollard. Pond. St,lieF. Mhqeler nad #oyor Dillord---~ ..................................... 7. NAYS: None .....~ ..................... O. Mr. St,lieF then offered the f,Il,sin9 emergency Ordinance transferring $15,000 to the Contingency Fund: (=1662s) AN OROINANCE to amend and reordaJn Section ~166. 'Contingencies.' and Section al?O. "Capitol.' of the 1965-66 Appropriation Ordinance. and providing for an emergency. (For full text,of Ordinance. see Ordinance Book No. 28, page 372.) Mr. St,lieF moved the adoption of the Ordinance. The motion sos Seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St,lieF. Wheeler and Mayor Dillard ......................................... NAYS: None ...........................O. With further reference to the matter, Mr. Stoller moved that the report of the Acting City Manager be referred to the City Planning Commission for conaideratiol mith a vies of including the zoning requirements in the proposed nes Zoning Ordinanc( The motion mas seconded by Mr. Jones and unanimously adopted. BDDGET-PAY PLAN: The Acting City Manager submitted the following report recommending that he be authorized to fill certain vacancies in various municipal departments since they are of un emergency nature: "Roanoke, Virginia September 7. 1965. To the City Council Roanoke, Virginia Gentlemen: I hereby request authority to fill t~ following vacancies in the City Force, all of which ere needed: Sewage Treatment Plant - Assistant Operator, Group 14, Step 1 Fire Department - I Fireman Planning Department - Secretarial Assistant, Group 11 Personnel Department - Secretery III, Group 13 Health Department - Sanitarian, Group 11 Public Health Nurse. Group 12 Respectfully submitted, S/ J. Robert ~homas Acting City Manage" Hr, Stoller moved that Council concur in the recommendntiousof the Acting City Manager end that the easter be referred to the City Attorney tar prepnrntion of the proper measure, The action uss seconded by Hr. Pond aid unnniuousl! adopted. STREETS AND ALLEYS: The Acting City #nnnger submitted the folloufng report math regard to street improvements on Mountain Avenue and Orchard Hill Street, S. lu the vicinity of the Community Hospital of Roanoke Valley: 'Roanoke. Virginia September ?, 1965 To the City Council Ronnoke, Virginia Gentlemen: Forunrded heremfth is n copy of u letter frog the Community Hospital of Roanoke Valley doted August 4, requesting that Mountain Avenue, S. E.. be regrnded alan9 n portion of its property, nod Orchard Hill Street be regrnded, approximately 40 feet Southusrd from Mountain Avenue to conform to construction requirements of the Hospital, The Hospital has included in its construction contract regrading of the street and the installa- tion of curb and gutter and sidemalk, along the north side of Mountain Avenue and requests that the City repays the streets involved and construct curb and gutter and sidewalk on the south side of Mountain Avenue and on Orchard Hill Street. There is also attached an estimate of the City Engineer, shaming that the cost of the mark to be performed by the City will approximate $S,197. The City Engioeer*s report further recommends that if the mark is accomplished, Monntain Avenue be reworked from the easterly end of the project to the dead end, at a cost of approximately $31T0. It is my understanding that the mark requested by the Hospital mas included in the original program under mhich the Hospital and the City exchanged certain properties, provided for other street changes, and mas, inadvertently, overlooked and not heretofore reported to the Council for its consideration. Under these circumstances, ! recommend your approval. Respectfully submitted. S! J. Robert Thomas Acting City Manager" The Acting City Manager then submitted the following supplemental report the matter: "Roanoke, Virginia September T, 1965 To the City Council Roanoke, Virginia Gentlemen: This is a supplement to report dated September T, 1965, and on the agenda for today's meeting, concernin9 the request of the Community Hospital Of Roanoke Valley for certain changes in Mountain Avenue, S. E. Subsequent to Mriting the original report, I have talked utth representatives Of the Community Hospital of Roanoke Valley and they have agreed that if the Council approves the proposed changes to Mountain Avenue a~d Orchard Hill Street, including that portion of Mountain Avenue betueen the hospital*s original request and the dead end as recommended by the City Engineer, the Community Hospital of Roanoke Valley will have its contractor remove paving, curb, gutter and sidemnlk and do the proper grading in the area recommended by the City Engineer and mill construct curb, gutter and sidemalk along its property in the said area. The City to remove the necessary trees, construct paving, curb, gutter and sidewalk on the south side of Mountain Avenue mhere necessary and, also, lower the necessary saner mud boles end the City Water Departmm t to loner its later meters and boxes. Respectfully submitted, S/ J. Robert Thomas Acting City Manager" 275 '276 After · discossioh of the smiter, Mr. Smaller moved that the qaestio· be referred back to the Acting City #manger for additlo·al iorormstlon to be considered by Council at Its seetSng on September 20, 1965. The motion uss seconded by Mr, Pon( tad uaanlmoasly adopted. STATE fllGflYAYS: The Acting City Manager submitted · mritten report, recom- mending that authority be graoted for the acquisitio· of · construction easement over s parcel of lend ouned by Ceph as fluffman end Pearl florfmsn, ·eedad in co·nection mith the improvement of Virgi·la State Route 24, for the sum of $1,575. Hr. Smaller moved th·t Council concur In the recommendation of the Acti·g City Raneger and offered the follouing emergency Ordi·ance: (z16626) AN ORDINANCE authorizing the acquisition of a certai· coostractio easement over · certain parcel of lend, needed for the City's State Route No. 24 Project, upa· certain terms and condJtioes; and providing for an emergency. (For full text of Ordinance. see Ordinance Book NO. 28, page 372.) Mr. Stoller moved the adoption of the Ordinance. The notion mas seconded by #r. Pond and adopted by the folloming vote: AYES: Ressrs. Carla·d, Jones. Pollard. Pond. Stoiler, Mheeler and Mayor Dillard ......................................... 7. NAYS: None ........................... STALE HIGHMAYS: The Acting City Manager submitted a mritten report, recommending that authority be granted for the acquisition of a parcel ~ land from Hrs. Annie B. Clark, needed in connection with the improvement of Virginia State Roate 24, for the sum of $5,429, plus $71 for residual land, as compared with a prlc* of $3,673 previously authorized. Mr. Stoller moved that Council concur in the recommendation Of the Acting City Manager ;od offered the folloming emergency Ordinance: (~16627) AN ORDINANCE authorizing and directing the acquisition of a certain parcel of land necessary for the improvement and construction of State Route No. 24, in the City and, to that extem . modifying Ordinance No. 16557 relating to thc same property; authorizing the purchase Of the residue Of said property for othe: · nblic purposes; authorizing the City Manager to make to the omner thereof an offer for the City*s purchase o f said propert/es; prov i/lng for the ucq~lsition of that property needed for State Route No. 24, by condemnation, under certain circumstances and for a right of entry thereon; and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 29, page 373.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Hr. Mheeler and adopted ~y the folloming vote: AYES: Messrs. Garland, Jones, Pollnr~ Pond, Stoller, Wheeler and Mayor Dillard ......................................... NAYS: None ...........................O. POLICE DEPARTMENT-FIRE DEPARTMENT: The Acting City Manager submitted the follomJng report on changes in personnel Of the Police Department and Fire Depcrtmen for the month of August, 1q65: #Roanoke, Virginia, September.T, 1965. To the City Council Roanoke, Virginia Gentlemen: Listed belou is the status of the police Iud the fire department ns of August 31, 1965: 'Fire Department 'During the month of August 1965 the folloming personnel changes occurred in the Fire Department: Retirement: Captain Denry P. McDsniel (Disability) Resignations: Fireman James S. Davis, Sr. Fireman Stanley L. Glass Employed: Thomas V. Johnson *On this date there are four (4) vacancies in the Fire Department! *Police Department *The foil*miaR were sworn in us police Officers during August, 1965: Mr. Gordon R. Parker 5001Hollyhoch Rood, N. W. Mr. Robert D. Shields 623 Elm Avenue, S. E. 'There were no resignations during the month of August.' Respectfully submitted, S/ J. Robert Thomas Acting City Manager' On motion of Mr. St*liar. seconded by Mr. Wheeler and unanimously adopted. the report mos filed. REPORTS: The Acting City Man$ger submitted a written report, transmitting a report of the Department Of Public #allure for the month of June, 1965, and listin other monthly departmental reports on file in his office. On motion of Mr. Garland, seconded by Mr. Pollard and unanimously adopted, the report mas filed. REPORTS OF COMMITTEES: AIRPORT: The committee appointed to study the question of erecting four hangars at Roanoke Municipal (Moodrum) Airport submitted the following report: 'Roanoke. Virginia August 31, 1965 To Ronnohe City Council Roanoke, Virginia Gentlemen: On August 31. 1965 your Reference Committee met to consider a method Of finunclng the construction of four (4) Airport Hangars including n suitable rate structure for the rental of same ns referred from Council*s regular meeting June ?. 1965. After careful examination of this matter, and assisted by Council's Airport Committee, the following is respectfully sobmitted. Your committee voted unanimously to recommend the construction . of four (4) SO ft. by 100 ft. Metal Hangar Buildings according to preliminary plan ~3392-D dated April 20, 1965 and if acceptable 277 278 to Council that detailed plans amd specifications, including ndvertlse- ment~ for bids, be prepared and submitted nt the earliest possible dote, It is further recommended that the final completed cost orthis project be amortized is o lO year period and that the rental rates for this hangar space be adjusted accordingly. Respectfully submitted, S! Robert A, Garland Robert A. Garland, Chairman Cometttee Members present: Mr. Robert A. Garlnnd Mr. Clarence E. Pond Mr. Vincent S. Mheeler' Hr. Garland moved that Council concur in the recommendation of the committee.and that the committee be continued. The motion mas seconded by Mr. Mheeler and unanimously adopted. GARBAGE REMOVAL: The committee appointed to tabulate bids received on fou: cabs and chassis for the Refuse Collection and Disposal Department submitted the following report: *September 1, 1965 To the City Council Roanoke, Virginia On August 23, 1965, four bids mere received and opened before City Council for supplying four trucks, cabs and chassis only, to the Refuse Collection and Disposal Department. The low bid mas submitted by International Darrester Company; however, the bid does not meet all requirements as set forth in the specifica- The next lamest bid was submitted by AntrJm Motors, Incorporated at a net sum of $13,$90,00, f.o.b. Roanoke, Virginia. This Incorporated. which bid meets all requirements as set forth in the City*s specifications. Respectfully submitted, Committee: S~ Murray A. Stoller Murray A. Stoller. Chairman $~ Clarence E. Pond Clarence E. Pond S~ B. D. Thompson (=16628) AN ORDINANCE providing for the acquisition of certain trucks, cabs and chassis for the Cltyts Refuse Collection and Disposal Department upon certs terms end conditions; accepting the bid Of Antrim Motors, Incorporated, made to the City for furnishing and delivering said equipment; rejecting certain other bids made to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 375.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the folloming vote: ,I AYES: R,sara. Garland. Jones. Pollard. Pond. St,lief. Nheeler and Mayor Dillard ......................................... NAYS: None ...........................O. AIRPORT: The Airport Committee and u Special Committee on Heugnrs mud submitted the f,Il,ming report uJth reference to operation of the parking lot it Roanoke RunlcJpul (W,,drum) Airport: #R,un,k,. Virginia September 1. 1965 To Roanoke City Council Roanoke. Virginia Gentlemen: On August 30 Council*s Airport Committee met with Councll*s Special Committee on Hangars and general rate structure and examined the several assignments to date. Separate consideration mas given to the preparation of Bidding Specifications for advertising the Airport Parking Lot to replace the present three (3) year contract ehich expires September 30, 1965. The Committee voted unanimously to recommend to Council the following: I. R,advertise the Auto Parking Lot for u three (3) year term to begin October 1, 1965o 2. Change the specified parkin9 chnrRes to the following: 0 - 30 Minutes .....................1at Bp to 2 hours ......................25t 2 to 8 hours .......................40t O to 12 hours ...................... 12 - 24 hours ......................$1.00 Each added 24 hours ................$1.00 Advance meekly rate ................$5.00 3. Revise the existing Parking Lot specifications as necessary tp up date and comply with City requirements ,nd use as criteria for submitting new bids. Respectfully submitted, S/ Roy L. Mebber Roy L. Webber, Chairman Council*s Airport Committee Mr. Roy Pollard Mr. Marcus Eaplan Mr. Arthur Omens Mr. Marshall Harris Robert A. Garland Robert A. Garland. Chairman Special Committee On Hangars ~ Rates Mr. C. E. Pond Mr. Vincent Wheeler* Mr. Garland moved that Council concur in the recommendations of the committees. The motion mas seconded by Mr. Wheeler and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIRRRATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: LEGISLATION-TAlES: Council having directed the City Attorney to prepare the proper measure petitioning the General Assembly of Virginia to enact legislatiot authorizing and empowering municipalities to impose, levy and collect l,col taxes on payrolls, he presented same; whereupon, Mr. St,liar offered the following Resolution 279 280 (u16629) A RESOLUTION petitioning the General Assembly of Virginia to enact legislation expressly authorizing iud empouering municipalities to impose, le! and collect local taxes on payrolls. (For full text of Resolution, see Resolution Book No. 28, page 377.) Hr. Smaller moved the adoption of the Resolution. The Ballon nas seconded by Wv. Pollard sad adopted by the follouing vote: AYES: #essrs. Garland, Jones, Pollard, Pond, Smaller. Wheeler sad mayor Dillard ........................ ~ ................ ?, NAYS: None ........................... BUDGET-PAY PLAN: Council having directed the City Attorney to pre'pave the proper'measure authorizing the City Manager to fill certain vacancies in various municipal departments, he presented same; mherenpou. Mr. Smaller offered the following Resolution: (=16630) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 28. page 378.) Mr. Smaller moved the adoption of the Resolution. The motion nas seconded by Mr. Pollard and adopted by the folloning vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Smaller, Wheeler and Mayor Dillard ........................................ ?. NAYS: None ............................O. PARIiS AND PLAYGROUNDS: Council having directed the City Attorney to prepar~ the proper measure creating a committee to assist ia and make recommendations for ti long-range development of Mill Mountain Park, he presented same. After a discussion by the members of Council as to the membership of the committee. Mr. Jones offered the follo~ing Resolution: (=16631) A RESOLUTION creating a committee to assist in and make recommenda tions for the long-range development of Mill Mountain Park. (For full text of Resolution, see Resolution Book,No. 28~ page 378.) Mr. Jones moved the adoption of the Resolution. The motion nas seconded by Mr. Pollard and adopted by the follouing vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Smaller, Wheeler'end Mayor Dillard ....................................... NAYS: None ...........................0. BUDGET-TAXES: Council having directed the City Attorney to prepare the proper measure changing the penalty date on real estate tax payments in view of its adoption of the fiscal year, he presented an Ordinance amending Section 3, Chapter Title VI, of The Code of the City of Roanoke. 1956. advancing the due dates of the installment payments, and a second Ordinance amending Section 6, changing the penal dates; uherenpon. Mr. Stoller moved that the following Ordinance amending Section 3 be placed upon its first reading: (z16632) AN ORDINANCE tO upend and reordola Section 3 of Chapter 1, Title ¥I of the Code of the City of Roanoke, 1956, providing the dates upon mhlch real estate taxes become due and are payable. BE IT ORDAINED by the Council of the City of Roanoke that Section 3 of Chapter 1, Title VI of the Code of Roanoke, 1956, be, and said Section is hereby upended and reordaiued to read and provide us folloms: Sec. 3. Mhen real estate taxes due and payable. All city taxes on real estate for each year shall be due and payable during the year for uhich the same are assessed in four upproxlnately equal install- Bents, as follous: One-fourth on or before March first; one-fourth on or before June first; one-fourth on or before September first; and one-fourth on or before November first of said year. The motion mas seconded by Hr. Rkeeler and adopted by the folloming vote: AYES: Honors. Garland, Jones, Pollard, Pond, Stoller. Nheeler and Mayor Dillard ......................................... 7. NAYS: None ...........................O. Mr. Sto~lec then moved that the follomlng Ordinance unending Section 6 he placed upon its first reading: (=16633) AN ORDINANCE to amend and reordnin Section 6 of Chapter 1. Title ¥1 of the Code of the City of Roanoke, 1956, providin9 certain penalties for the failure to make payment of current real estate taxes and tangible personal property and capitation taxes on or before the dates upon mhich the same become due and payable. BE IT ORDAINED by the Council of the City of Roanoke that Section b of Chapter 1, Title VI Of the Code of the City Of Roanoke, 1955. be, and said Section is hereby amended and reordained to rend and provide as folloms: Sec. 6. Pennlties for failure to pay current taxes. Any person mhd shall fail to pay to the city treasurer, on or before April fifth. June fifth, September fifth and December fifth of each year. the quarterly installment of real estate taxes becoming due and payable on or before March first. June first, Se ptember first and November first, respectively, us provided by Section 3 Of this Chapter. and any person mhd shall fail to pay to the city treasurer on or before December fifth of each year the tangible personal property or capitation tax then due and payable as provided by Section 5 of this Chapter. shall be assessed and shall pay a penalty of five per cent on the amount of such unpaid installment or tax aa the case may be. Interest at the rate of six per cent per annum shall be assessed and collected on the principal and penalties of all such taxes and levies remaining unpaid from the date non fixed or hereafter fixed by general lam for the payment of interest on delinquent taxes. The motion mas seconded by Mr. Mheeler and adopted by the folloming vote: AYES: Messrs. Garland, Jones, Pollard. Pond, Stoller. Nheeler and Mayor Dillard ......................................... ?* NAYS: None ...........................0. 281 282 HOTIONS AND NISCELLANEOUS BUSINESS: TRAFFIC: Hayer Dillard pointed oat that nuder the present provJsloe$ of the City Code the City Manager has authority .to remove psrhlog meters uithont consulting Council end that he feels the body should be notified before uny parking meters ore removed. In this connection, Mr, William R. Hill, Executive Director, Oountomn Roanoke, Incorporated, appeared before Council and voiced the opiniqn ~hst s system for coordinating the removal of parking meters should be established. After a discussion of the Better, Mr. Stellar moved that the City Attorney be directed to prepare the proper measure requiring the City Beringer to notify Conncil before removing psrhing meters. The motion mas secosded by Br. Wheeler nad unanimously adopted. STATE HIGHWAYS: Hr. Pollard presented n copy of s communication from the Virginia Deportment of Nighuays to the City Hnnager with regard to the Virginia State Route 599 project from Elm Ayenue to Franhlin Road, sdvisin9 that there ore warehouses on Third Street, S. E,, Just north of Albemarle Avenue. owned by Mr. C. C. Boys, that these two buildings currently have s rail siding Bbich will be take by the First Street connection in the Virginia State Route 24 project, that damages have been, or will he, raid the owner under the project for Route 24 for loss of Fei access, that it appeqrs physically possible to provide rail access to these buildings from the south by extending an existing spur tract, but that if the City of Roanoke permits this to be done when the project for Route 599 is constructed it mill require the lengthening of a bridge nt a cost of approximately $??,000, else damsges will have to be paid the owner a second time for the loss of rail service, and requesting that the City of Roanoke take the necessary steps to prevent the extension of the spur from the south, if suck is contemplated, because if the city alloms the extensic then the cost of extending the bridge or the damages for the loss of rail service will have to be borne by parties other than the highmsy department.' On motion of Er. Wheeler, seconded by Mr. Pollard and unanimously adopted, the commnnJcation mas filed. On motion Of Mr. Wheeler, seconded by Mr. Pond and unanimously adopted. the meeting wan adjourned. APPROVED ATTEST: Wsyor COUNCIL, REGULAR #EETING, Benday. September 13, 1965. The Council of the City of R,es,he met in regular ue~ting in the Council Chamber in the Municipal Building, Hoodey, September 13. 1965. et 2 p.a.. the regale] meeting hour. PRESENT: None ...................... O. ABSENT: Councilmen Robert A. Garland, James E. Jones. Roy R. P, Il,rd, Sr. Cloreuce. E. Pond, Burro! A. St,lief, Vincent S. Ih,clef and Meyer Benton O. Dlllerd ....................................... 7. OFFICERS PRESENT: BISs D,rule M. Graham, Deputy City Clerk. A quorum foiling to oppear, the meeting mss not held. APPROVED t / City Clerk Mayor 284 COUNCIL. REGULAR MEETING. Monday. September 200 1965. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday. September 20. 1965. nt 2 p.mo. the regular meeting hour. with Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland. James E. Jones. Roy R. Pollard. Sr.. Clarence E. Pond. Murray A. Stoller. Vincent So Nheeler and Mayor Benton O. Dillard ................................. 7, ABSENT: None .................O. OFFICERS PRESENT: Mr. J. Robert Thomas, Acting City Manager and City Auditor. and Mr. Janes N. Elncanon. City Attorney. INVOCATION: The meeting was opened with a prayer by the Reverend G. A. Johnson. City Rescue Mission. HINUTES: Copies of the minutes of the regular meeting held on Monday. August 16. 1965. and the special meeting held on Mednesday. August lC. 1965. having been furnished each membeF of Council. on motion of Hr. Stall,r. seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. CITY MANAGER: Council having appointed Hr. Julian F. HIFst as City Ranugel effective October IS. 1965. Mayor Dillard acknowledged the presence of Mr. Hirst at the meeting. Mr. Stoller moved that the City Clerk and the Acting City Manager give the new City Manager all cooperation and that the City Clerk be directed to forward a copy of the agenda for the furore meetings of Council to Mr. Hirst for his informa- tion. The motion was seconded by Mr. Pond and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: GARBAGE REMOVAL: Pursuant to notice of advertisement for bids on furnishing two leaf loaders for the Street Cleaning Department of the City of Roanoke. said proposals to be received by the City Clerk until 1:30 p.m.. Monday, September 20. 1965. and to be opened at 2 p.m** before Council. Rayor Dillard asked if anyone had any questions about the advertisement, and no represe.ntative present raisin9 any question, the Mayor instructed the City Clerk to proceed mtth the opening of the bids; whereupon, the City Clerk opened and read the following bids: Bidder Amount Municipal Sales Company. Incorporated - $ 3.683.58 - $,165,28 - $,632.78 Shaffer Equipment ~ Supply Company - 4,841.10 Cary Hall Rachinery Company. Incorporated - 5,052.44 Mr, Stoller moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee T~e motion was seconded by Mr. Pollard and unanimously adopted. ,! Mayor Dillard appointed Messrso Clarence E, Paid, Chairman, J, Robert Thames and Bserord B, Thompson as members of the committee, COAL:. Porsuont to notice of advertisement for bids on furnishing the coal requirements of the City of Rosnake for the period from October 1, 1965, through September 30. 1966. said proposals to be received by the City Clerk snail 1:30 p,m,, Monday, September 20, 1965, amd to be opened at 2 p.m,. before Council, Mayor Dillard asked ir anyone had any questions about the advertisement, and no representative present raising any question, tho Mayor instructed the City Clerh to proceed mlth the opening of the bids; uhereupon, the City Clerk opened and read the following bids: ~idder Furnace Coal Stoker Coal Hunter ~ Cummings Company - $6,55 per ton $6.25 per ton Blair Pltaer Coal and Fuel Oil Company. Incorporated - $6.65 per ton $6.10 per ton Mr. Stoller moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council. the City Attorne to prepare the proper measure, or measures, in accordance mith the recommendation Of the committee, The motion was seconded by Mr. Rheeler and unanimously adopted. Mayor Dillard appointed Messrs. Murray A. Stall,r. Chairman. J. Robert Thomas and Bm*ford B. Thompson as members of the committee. ZONING: Council having previously set a public hearing for 2 p.m** Monday. September 20. 1965. on the request of Mr. Howard E. Sigmon that property located on Sweetbrier Avenue and Hollo,ell Avenue. S. W.. between Strother Road and Bschner Street, described as Lots 1, Z, 3, 23, 24 and 25, Block 6, Corbiesham Map. Official Tax Nos. 1651001. 1651002. 1651003. 1651016. 1651015 and 1651014. 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 denied, was before Council: 'August 5. 1965 The Honorable Benton O. Dillard Mayor and Members of City Council Roanoke. Virginia Gentlemen: In its regular meeting of August 4. 1965 the City Planning Commission considered the above described request. Mr. Claade D. Carter. attorney representing M~. Slgmon. informed the Commission of the intention of his client to erect 16 to 20 multi-family housing units on the premises, which use is contrary to those permitted under the present zoning. In studying this reqaest, the Planning Commission noted that th~ proposed zoning map suggests single family residential use for the development of the property. The Commission felt that the density proposed for the subject property would not be compatible with adjacent residential properties. The City Planning Commission. therefore, recommends to City Council that this rezonJng request be denied. Very truly yours, S/ Dexter N. Smith for S. H. Embank B, N. Eubank Vice-Chairman' 285 286 ir. Gleede D. Carter, Attorney, representing tko petitioner0 appeared before Council iu support of the request of his clieut. Also appearing were Hr. Signori and Mr. Richard i. flamlett. Contractor. mhd discussed the question as to whether or not there Is sufficient space on the lots for the housing units ned off-street parking. Hr, Arthur L..~lmmer appeared before Council in opposition to the request rot vezoning, raising the question of adequate parking space and protesting that the housing units will create a traffic hazard on what is ODe a quiet street. After a further discussion or the matter, members of Council indicating o willingness to place the Ordinance providing fog the rezoning on its first reading. b2t expressing a desire to see a plan for the location of the units and pavhing f2cilitles before considering the Ordinance on its second reading. Hr. Stoller moved that the following Ordinance be placed upon its first reading: (~16634) AN ORDINANCE to amend and reenact Title X¥. Chapter 4. Section 1. of The Code of the City of Roanohe. 1956. in relation to Zoning. WDEREAS. application has been made to the Council or the City of Roanohe to have that property located on Sweetbrier Avenue and Bolloweli Avenue. $. between Strother Road and Buckner Street, described as Lots 1-3 and 23-25, Block 8, Corbieshaw Map. Official Tax Nos. 1651001-1651003 and 1651016-1651014, rezoned from General Residence District to Special Residence District; and ~HEREAS, the City Planning Commission has recommended that the hereinaftel described land not be rezoned from General Residence District to Special Residence District; and WHEREAS. notice required by Title XV, Chapter d, 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 20th day of September, 1965, at 2 pom** 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 rezonlng; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described laud should be rezoned, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV. Chapter 4, Section l, of The Code. of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located on Sueetbrier Avenue iud Hollomell Avenne, S, M., between Strother Road and Buckner Street, described az Lots 1-3 aud 23-25, Block Corbieshaw Map, designated on Sheet 165 of the Zoning Map as Official Tax Nose 1651001-1651003 and 1651016-16510~4, be, and is hereby, changed from General Residence District to Special Residence District and the Zoning Map shall be changed in this respect, 287 The motion was seconded by Mr. Pollard end adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stoller, Iheeler and Mayor Dillard .......................... NAYS: None .................. O, ACTS OF ACKNORLRDGEMENT: COuOcll having previously cited Kenneth Lee Slmmols, II1, age fourteen, for the exceptional bravery and valor displayed on December ?, 1964, in risking his own life to save the lives of two snail children from a burning house trailer in Palmer Park. he appeared before the body math his parents to receive a medal from the Carnegie Hero Fund Commission. Mayor Dillard made the presentation which was acknowledged by the recipient. PETITIONS AND CORRUNICATIONS: STREET LIGHTS: A communication from the Appalachian Power Company. transmitting a list of street lights which were Installed and/or removed during the month of August, 1965, was before Council. On motion of Mr. Stoller, seconded by Mr. Wheeler and unanimously adopted. the communication nas filed. AIRPORT: A communication from Roanoke Juoior Chamber of Commerce, Incorporated, transmitting a Resolution offering to purchase a lighted sign for installation at Roanoke Municipal (Ioodrum) Airport to identify the City of Roanoke to all air passengers who may travel to and from Roanoke, provided the City will supply the necessary electricity and maintain said sign. was before Council. Mr. Jones moved that Council accept the offer of the Roanoke Junior Chamber of Commerce and that the City Attorney be directed to prepare the proper measure accepting the sign and thanking the Junior Chamber Of Commerce for the gift. The motion was seconded by Mr. Pollard and unanimously adopted. Incorporated. proposing that the downtown Roanoke traffic signal light system be modified to allow pedestrians to cross one side of certain one-way street inter- sections with the green light for vehicular traffic moving straight ahead or away from ~hat side Of the intersection, was before Council. In this connection, Mr, J. D, Sinh, Superintendent of Traffic Engineering and Communications, appeared before Council, recommending that the proposal be accepted and advising that the change can be made at no additional cost to the city. Mr. 5toiler moved that Council accept the proposal end that the City Attorney be directed to prepare the proper measure authorizing the City Manager to modify the downtown Roanoke traffic signal light system accordingly and thanking the Junior Chamber of Commerce for its suggestion. The motion was seconded by Mr. ~heeler and unanimously adopted, ZONING: A communication from Mr. Ernest W. Ballon, Attorney, representing Charles R. Paxton and Ila B, Paxton. requesting that property located 'at the' southeast corner of Colonial Avenue and Twenty-second Street. S, N., described us Lot 8, Block 2, Colonial Heights, Official Tax No. 1271108, he rezoned from General Residence District to Business District, wes before Council. 288 permission to mithdrum the p~titian for rezonlng, mas also before Council, mlthdrom the petition for rezonlng, The motion mos seconded by Mr, Pond end OUUGBT-ROSTINOS COGRT: A communication from J~dge Richard T. Edunrds, Bustings Court, requesting un nppropriation of $112 rot a subscription to the Unit States Lam Week, the volumes, if authorized, to be kept in the office of the Dustings Court and available to all users, mas before Council, offered the follouing emergenc! Ordinance transferring $112 from the Contingency Fund: (~16635) A~ ORDINANCE to amend end reorduin Section ~20, *Bustings Court, providing for aa emergency. (For full text of Ordinance, see Ordinance Book No. 28. page 383.) Mayor Dillard .......................... ?. NAYS: None .................. O. September IS, 1965, was before Council. (n16636) A RESOLUTION authorizing tee installation of one 2500 lumen Street, N. E., (AP Pole No. 2202D). (For full text of Resolution0 see Resolution Book No. 28. page 383.) Mr. St,lief moved the.adoption of the Resolution. The motion mew seconded by Mr. Pond and adopted by the f,Il,wing vote: AYES: Beasts. Garland. Jones. Pollard. Pond. St.lief. iheelet end Mayor Dillard .......................... 7. NAYs: Noae .................. O, BUDGET-BUILDINGS: The Acting City Mnnager submitted o written report. recommending that $1500 be appropriated to cover the demolition of buildings declared as unsafe by the Commissioner of Buildings for the balance of the fiscal year. Mr. St,lief moved that Cpuucil concur lathe recommendation of the Acting City Manager end offered the following emergency Ordinance: (z16637) AN OROINANCE to emend end reordnin Section ~63. ~Department of Buildings.' and Section n166. "Contingencies.' of the 1965-66 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 28. page 384.) Mr. StolleF moved the adoption of the Ordinance. The motion mas seconded by Mr. Jones and adopted by the following vote: AYES: messrs. Garland. Jones. Pollard. Pond. St.liar. Wheeler and Mayor Oillard .......................... NAYS: None ..................O. BUDGET-S~BEET5 AND ALLEYS: Coancil having appropriated $44.631.52 to cover the uncompleted portion of the contract of Adams Construction Company for paving of streets at various locations in the city in the total amount of $147.000. the Actin9 City Manager submitted a written report, advising that it will also be necessary to appropriate $1.T50 for testing services, and recommended that the amount be appropriated for this purpose. Hr. St,liar moved that Council concur in the recommendation of the Acting City Manager and offered the f,Il,wing emergency Ordinance: (~16638) AN ORDINANCE to amend and reordain Section =82. "Street Repair.' and Section ~166, 'Contingencies,' of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of O~dinance. see Ordioance B~ok NO. 28, page 384.) Br. St,lief moved the adoption of the Ordinance. The motion was seconded by Bt, Pollard and adopted by the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. St,lief. Nheeler and Mayor Dillard .......................... NAYS: None .............~ .... O. BUDGET-STATE HIGHNAYS: The Acting City Manager submitted a written report, advising that Interstate 581 husbeen opened to traffic down to Orange Avenue. that with the additional heavy traffic mhich will be imposed on that portion of Orange Avenue from Peach Road. N. W.. to Courtland Road. N. E.. steps should be taken to provide an adequate surface on this portion of Orange Avenue. and recom- mended that the contract of Adams Construction Company for paving of streets et various locations in the city be extended in the amount of $6.500 for this purpose. 289 29O Nv. Stotier moved that Council ootcur Ia the recowxeodattoo of the Aokizg City #taGger and offered the folloulag emergency Ordinance authorizing the extensIoo of the cozCroct: (#16639) AN ORDINARCE oethorlzing the extension of a certnla eontrnot for street paring heretofore authorized robe entered into hy Ordinance No, 16339; and.providing for an elergency. (For foil text of Ordinooce, see Ordinance Oooh Wo. 28, page 385.) Hr. Stoller Bored the adoption ef the Ordinance. The motion was seconded by Hr. Wheeler and adopted by the following rote: AYES: Yessr$o Garland. Jones. Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: ,None .................. OD Mr. Wheeler then offered the.following emergency Ordinance transferring $8,500 from the Contingency Fund: (~16640) AN ORDINANCE to amend and.reordaJn Section ~82, "Street Repair," and Section ~166. "Contingencies." of the 1965-66 Appropriation Ordinance. aDd providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 28, page 386.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded b7 Mr. 5toller and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, Stoller, [heeler and Mayor Dillard .......................... ?. NAYS: None ..................O, BUDGET-PAY PLAN: The Acting City Manager submitted the following report recommending that he be authorized to fill certain vacancies in various mnnicipal departments since they are of an emergency nature: "RoanoRe, Virginia September 20, 1965 To the City Council Roanoke, Virginia Gentlemen: I hereby request authority to fill the following vacancies in the City Forces, all of which are needed: Health Department - Public Health Nurse, Group 12 Purchasing Department - Clerk-Stenographer, Group 15 Refuse Collection 5 Disposal - 2 Disposal Laborers, Group 10 5trent Repair - I Street Crew Helper. Group g Sewer and Drain - I Street Crew Helper, Group g Water Department - I Shift Standby Man, Group 5 I Junior Meter Header, Grade 15 Public Welfare - I Social Worker: Group 10 I Clerk-Typist "B' Group 14 Respectfully submitted, S/ J. Robert Thomas Acting City Manager" Mr, SO,lief moved that Council coneor in the recommendotions of the Actin City Homager and that the matter be referred to ihe CltyAttoroe! for preparation ot the proper measure. Tko motion wes aecooded by Mr. Pond nod unanimously od,pled BUDGET-PAY PLAN-SCHOOLS: Council having opproprloted $1500 to cover the addition of approximately 300 members og the school system fo · survey o~ the Pay Plan by the Public Administration Service. the Acting City Manager submitted n mritten report, advising that It will be necessary to extend the contract with the Public Administration Service in the amount of $1500. Hr. So,lief moved that Council concur Jn the recommendation of the Acting City Manager end offered the following Resolution: (a16641) A RESOLUTION authorizing an extension of the comprehensive review or the City*s classification and compensation plans and of certain other services contracted to be rendered to the City by Public Administration Service. (For full text of Resolution. see Resolution Dook No. 20. page 386.) Hr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Hessrs. Garland. Jones. Pollard. Pond. Stoller. Wheeler and Hayor Dillard .......................... 7. NAYS: None .................. O. PARKS AND PI. AYGROU~DS: The Acting City Hanager submitted a written report, recommending that he be authorized to rent approximately four feet of floor space la the radio transmitter building atop Hill Hountain to the United States Department of Agriculture. Forest Service. for · radio transmitter and receiver. to be used by the Jefferson National. Forest. at a rental of $324 per annum. Hr. SO.lief moved that Council concur in the recommendation of the Acting City Hanager and that the foil,wing Ordinance he placed upon its ~Irst reading: (m16642) AN ORDINANCE authorizing the rental of four (4) square feet of floor space In the main equipment room of the transmitter building atop Hill Mountain to the United States Government for use by its Department of Agriculture. Forest Service. upon certain terms and conditions. WHEREAS. the CitF Ranager has advised the Council that the United States Government*s Department of Agriculture. Forest Service. desires to rent certain space In the math equipment room of the City*s transmitter building atop Hill Hountain for use of a radio transmitter and receiver end associated equipment and also. certain outside space for antenna support, and said agency is agreeable to the terms and provisions hereinafter contained. THEREFORE. DE IT ORDAINED by the Council of the City of Roanoke that said City doth hereby agree to rent to the United States Government. for use by its Department o! Agriculture. Forest Service. four (4) square feet of floor space in the main equipment room of the transmitter building atop Hill Hountain for said ogency*s asa £or the placement and operation of a radio transmitter and receiver. with associated equipment and. also. space adjacent to said building for an antenna 291 292 support with aa antenna attached, to be connected by coaxial cable to the radio equipment in said building, upon the following terms and conditions: '1, That the right of such use shall commence during the calendar year 1966, au or after January Ism ia said year; 2. That the term of said agreement shall be from month to month or from year to year with the right in either party to terminate said agreement upon 30-days written notice to said other party, the type of term to be at the option of said Government; 3, That the Government pay to the City the sum of $324.OO per year, payable in equal quarter-annual payments of $81.00, each; 4. That the City supply without additional charge therefor heat. light, water and electric power, but not telephone service, reasonably necessary for the operation of the aforesaid radio equipment: 5. That authorized representatives or employees of said Governnent*s agency have a free right of ingress and egress to and from the aforesaid premises at all reasonable times In end about the operation and maintenance of said radio equipment; 6, That the radio and other equipment installed on the City's premises pursuant hereto be located In such place or places and be of such type as is specified or approved by the City's Chief Communications Officer; and ?o That the City reserves the right to terminate the aforesaid agreement at any time on 30-days' prior notice in writing to said Governmental agency should the City need for its oma use the space or premises hereinabove mentioned or should said agencyOs radio equipment interfere, by its operation, with the operation of the City's radio or communications equipment. BE IT FURTHER ORDAINED that the agreement herein authorized to be entered into on behalf of the City may be effected by the Cityts execution of a written lease agreement embodying the terms herein provided or, at the option of said Government, by the issuance of a purchase.order of said Government, referrin9 to the terms and provision of this ordinance, The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard, Pond, Steller, Wheeler a~d Mlynr Dillard ......................... ~7. NAYS: None .................. 0. STREETS ANn ALLEYS: Council having referred the question of street improvements on Mountain Avenue and Orchard Hill Street, S. E., in the vicinity of the Community Hospital of Roanohe Valley, back to the Acting City Manager for additional information, the Acting City Manager submitted a written report, trans- mitting the additional information and advising that the total amount of cost for the work to be accomplished by the city is $?,900. In this connection, Mr. H. Cletus Hroyles, Director of Public Norks, appeared before Conncil and explained Jn detail the mark proposed to be done. After · further discussion of the question, the Acting City Manager advising that Bo approprlotioa is.needed at this time. bet that authority for the proposed lmprovemelt is required. Mr. St,lief moved thet Council concur il the recommendation of the Acting City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Ir. Pollard nad unanimously adopted. 5BH£R$ AND STORM DRAINS-PARIS AND PLAYGROUNDS: Council having referred to · committee coup.ned of Hessrs. Hurray A. Stoller. Chairman. Arthur S. Omens. Rex Z. Mitchell. Jr** and H. Cletus Hroyles for study, report and recommendation a request of Hr. Homord B. Signori thate sewer.proJect be-initiated to serve the 1500 blocks of Carlisle Avenue and Gordon Avenue. S. E.. and on offer to donate a swimming pool for Golden Park. provided the city will operate same after it is completed, the Acting City Manager submitted a written report, transmitting the foil,ming communication from the Director of Public Norks with regard to a new proposal of Hr. Slgmon. the Acting Gity Manager recommending that the revised offer be accepted: "DAZE: September 16, 1965 TO: Mr. J. Robert Thomas. ActlngCity Manager FHOH: Hr. H. Cletus Hroyles. Director of Public Norks Attached lsa letter dated September I5. 1965. from Mr. Howard E. ~lgmon. President. and Hr. Richard R. Homlett. ~ecretarys of Golden Park Corporation.making a proposal relative to the con- of fifty-three (53) homes, a few of which have already been built and mill soon be occupied. In general the proposal is as follows: Zhe Golden Park Corporation agrees to dedicate a five foot strip of land on the sooth side of Corlisle Avenue extending across lots 6 through 27, Block 5, Riverdale Map. and a ten foot strip on the north side of Gordon Avenue. extending across lots 34 through 51. in the same block, and to construct approximately 1200 feet of sanitary sewer according to the City of Roanoke speci- fications, which sewer will serve lots 8 through 27; conditioned upon the City agreeing to construct approxi- mately 1.O00 feet of 8" sewer line to serve lots 34 through 51, BlockS, Rlverdale Hap and serving lots 4 through 21, Block 4, Riverdale Map. It is estimated that*the Cityes would amount to approximately $7.5000 As pointed out in Mr. Slgmon*s letter, this will enable his firm to start work on their port of the sewer immediately, which will serve Also attached is a sketch plan. indicating in green the street dedication and in red the proposed sewer lines. Zn light of the proposed.street dedication I feel that the breakdown of cost would be equitable. Normally. under a sewer project the City that the City accept Mr. Slgmon*s proposal and that the City be authorized to receive bids on the sewer line proposed to be con- S/ H. Cletus Bro¥1~s H, Cletus Hroyles Director of Public Works" Mr. St,lief moved that Council concur in the recommendation of the Acting City Manager and that the matter be referred to the City Attorney for preparation 293 294 of the proper measure, Mr, Stoller pointing out that such action automatically relieves his committee of that phase of its study, The motion uaw seconded by Mr, Pond and umanfmnutly adopted, The Acting City Manager voicing the opinion that bids on that portion of the work to be done by the city.should be advertised rot us soon as possible, Smaller moved that the Acting City Manager be authorized to proceed with advertising for said bids, The motion ems seconded by Mr, Wheeler and uuanimously adopted, STATE RISRMAYS: The Acting City Mannger submitted a written report, · advising that he has secured a signed option for the purchase of Parcel No, 015 and un easement from Bertha L, Nofsinger, et ul., needed in connection with the iuprove- meat of Virginia State Route 24 at a price of $500, and recommended that authority be granted for acquisition of the land and easement, Mr, Stoller moved that Council concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: (=16643) AN ORDINANCE authorizing the acquisition of one (1) parcel of land and an easement needed for the City*s State Route No. 24 Project. upon certain terms and conditions; and providing for an emergency, (For full text of Ordinance, see Ordinance Dna/ No, 28. page Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr, ~heeler and adopted by the following rote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: None .................. STATE HIGHWAYS: The Acting City Manager submitted a written report, advising that he has secured a signed option for the acquisition of o construction easement over Parcel No. OT6 from Mrs, Lillian Po Conner, needed in connection with the improvement of Virginia State Route 24, in the amount Of $1,500. and recommended that authority be granted for the acquisition of the easement, Mr. 5toiler moved that Council concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: (~16644) AN ORDINANCE authorizing the acquisition of a certain constructi, easement over a certain parcel of l~nd, needed for the City*s State Route No. 24 Project, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 29, page Mr, Smaller moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stoller, Wheeler and Mayor Dillard .......................... ?, NAYS: None ..................O. STATE HIGHWAYS: The Acting City Manager submitted a written report. advising that in attempting to negotiate for the acquisition of a construction easement over Parcel No. Ogl owned by the Blaine Berry Estate, needed in connection with the Improvement of Virginia State Route 24, it appears that a clear title may not be had becnnse or minors la the estntej consequently, it mill be necessary to acquire the easement by condemnation proceedings. Mr. St*lief moved that Council concur in the recaeeendntlon of the Acting City Manager and offered the foil*ming emergency Ordinance; (s16645) AN ORDINANCE authorizing and directing the acquisition or n certain construction easement in real estate, necessary for the lmproveeont nnd construction of State Route No. 24, in the City; providing rot the acquisition of said easement by condemnation, and for moving for a right of entry thereon; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page Mr. Smaller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, St*lief, hheeler and Mayor Dillard .......................... NAYS: None ..................O. STATE HIGHWAYS: The Acting City Manager submitted a written report, advising that he has been unable to negotiate an option to purchase Parcel Nos. 070, 072 and 075 from Roanoke Distribution Company, Incorporated. C. C. Eova and Pearl Bore and William C. Bore and Georgia Born. needed in connection ~lth the improremont of Virginia State Route 24, at the appraised values of $59,927, $9.577 and $1,129, and recommended that a firm offer be made for the acquisition of the parcels of land mith a view of instituting condemnation proceedings, if necessary. Council having previously been informed of the possibility of the City of Roanoke being required to bear the cost of lengthening a bridge at an estimated amount of $77.000 or pay damages to Mr. C. C. Dove a second time for the loss of rail service when the project for Route 599 is constructed, Mr. Jones moved that the matter be referred back to the City Manager for further st*dy with the City Attorney in view of such possibility. The motion was seconded by Mr. Pollard and unanimously adopted. STATE HIGHWAYS: The Acting City Manager submitted a written report, recommending that authority be granted for the acquisition of four parcels of land needed in connection with the construction of Virginia State Route 599. Mr. St*Ilar moved that Council concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: (~16646) AN ORDINANCE authorizing the acquisition of four (4) certain parcels of land needed for the CltySs State Route No. 599 Project. upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 390.) Mr. Stoller moved the adoption of the Ordinance, The motion was seconded by Mr, Pollard and adopted by the following vote: 295 296 AVES: Messrs. Garland. J,nee. Pollard. Pond. St,lief. Eheeler eld Mayor Dillard ......................... -7. NAYS: ~oee .................. STATE HIGH#ATE: The Acting City Reneger submitted e written report. recowmeedlng that authority be greeted for the acquisition of Parcel No. 009 fro. R. S. end A. Genevieve Marshall. needed In connection with the construction of Virginia State Route 599. et a price of $2.?00. Mr. Pollard moved that Council concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: (#16647) AN ORDINANCE authorizing the acquisition of n certain parcel of land needed for the City's State Route No. 599 Project. upon certain terms end conditions; end providing for an emergency. (For full text of Ordinance. see Ordinance B,oh No. 20. page 392.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrso Garland, Jones, Pollard. Poed, Stoller, Nheeler and Mayor Dillard .......................... 7. NAYS: None .................. STATE HIGUNAYS: The Acting City Manager submitted a written report. advising that he has been unable through negotiation to acquire an option of Parcel No. 015 from E. M. and Mary V. Pendleton. needed in connection with the construction of Virginia State Route SUg. at the appraised value of $4.~50. and recommended that authority be granted for acquisition of the parcel of laud at the appraised value or by condemnation, if necessary. Mr. St,liar moved that Council concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: (~16646) AN ORDINANCE authorizing and directing the acquisition of a certain property necessary for the improvement and construction of the City's Route No. 599 Project. in the City; authorizing the City Manager to make to the owners thereof an offer for the Cities purchase of said property; providing for the acquisition of said property bI condemnation, under certain circumstances, and for a right of entry thereon; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 20. page 393.) Mr. Et.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. Pond. St,liar. Wheeler and Mayor Dillard .......................... T, NAYS: None ..................O. BUDGET-PAY pLAN-JUVENILE AND DOMESTIC RELATIONS COURT: Council having referred to the Personnel ,apartment for study, report and recommendation the question of deleting one Deputy Clerk, Group IS, and the creation of a second Chief Deputy Clerk. Group 13, In the Juvenile and Domestic Relations Court budget. the Acting City Manager submitted a written report, transmitting the following communication from the Personnel Director: 'September 1, 1965 City #nuDger City of Roanoke City flail Roanoke, Vlrgimin Dear Sir: The following ere my findings concerning the creation of an additional Chief. Deputy Clerk in the Juvemile and Domestic ielatlons Court, mhile cbolishing a Deputy Clerk as such, Ia order to miletain a fair and equitable classification plan, the creation of ce additional Chief Deputy Clerk cum only be done where the work load or · Deptty Clerk charges or increases in such a way as to necessitate the ap-grading of the Job to Chief Depot7 Clerk, This is not the case with regard LO our present circum- stances la the Juvenile end Oowestlc Relations Court, In this particular situation, the only reason for the creation of in additional Chief Deputy Clerk is the fact that we do not uish to demote tke present Chief Deputy Clerk, Mrs, imlley, lo the position of Deputy Clerk vacated by Mrs. Carter who for the present has assumed the Chief Deputy Clerk*s Job. Based upon the above I cannot recommend the creation or an additional Job of Chief Deputy Clerk in the Juvenile and monastic Relations Court at this time. The present circumstances, fn the Juvenile and Domestic Relations Court, 6f HFS. Carter presently a Deputy Clerk, assuming the Job or Chief Deputy Clerk, while Hrs. imiley is in the hospital is not unusual, The assigning of different duties due to another employee being on a leave of absence is the normal procedure in any department. The fact that Mrs. Carter while assuming the duties Of Chief Deputy Clerk is performing these duties better than Mrs, Smiley, mhD is presently on leave of absence Is well taken, however, while an employee is absent from work due to Illness is not the correct time to reclassify her, which will result in n demotion in both job title and pay. It Is therefore my recommendation that upon Mrs. Smileyts return to work she be notified in writing according to the Cityts present personnel ordinance that she is going to be reclassified as · Deputy Clerk. At the time of this notification she should also be instructed as to her appeal rights before the Roanoke City Personnel Board. la this way both the City and Mrs. 5alley will have the opportunity to present their side to an impartial board concerning Mrs. 5mileyes demotion. The Personnel Board can then either approve or disapprove the reclassification of the employee and refer, their findings to the City Manager for final determina- tion. If the Personnel Board approves the reclassification of Mrs. Smlley to Deputy Clerk. then Mrs. Carter. who has at present assumed the duties of Chief Deputy Clerk. should be promoted to that position in both Job title and proper pay for that particular Job. The hearing of cases such as the above with regard to reclassification and demotion is one of the responsibilities of the Personnel Board according to our present personnel ordinance, and I believe this to be the most fair and equitable manner In which to handle this particular case which now faces the Juvenile and Domestic Relations Court. Very truly yours, S/ David 5, Ferguson David 5. Ferguson Personnel Directorw Mr. 5to~ler moved that the matter be referred to the Personnel Doard for study, report and recommendation to Council. The motion was seconded by Mr. Wheeler and unanimously adopted. CITY AUDXTOR: Zhe City Auditor submitted a financial report of the City Of Roanoke for the month of August. 1965. Mr. 5toiler moved that the report be received and filed. Zhe motion was seconded by Mr. Wheeler and unanimously adopted. ZONING: Council having referred ~o the City Planning Commission for study, report and ~ecommendation the request of the Nest,vet Development Carp,ratio 297 29.8 that a 3.8$4-ecre tract of land located between the Norfolk and Western Compan! property and murks Street. S. M** north of Restorer Avenue. Official Tax No. 1520102. be resined from Geaernl Residence District to Special Residence District. the City Planning Commission submitted a written report, recommending that the request be granted. Mr. Stiller moved that a public hearing on the master be bald at 7:30 p.m.. November 1, 1965. The motion mas seconded by Mr. Pond and ,nanimoesly adopted STREET WARES: The City Planning Commission submitted the foliomlng report recommending that the name of Garden City Boulevard. S. K.. be changed to Yellow Mountain Rood from its Junction with Yellow Mauntain Road to the city limits: "September 16. 1965 The Donorabl~ Denton O. Dillard. Mayor. and Members of City Council City of Roanoke. YJrglnia Gentlemen: In its regular meeting of September 15. 196S. the City Planning Commission considered the matter of changing the name Of Garden City Donlevard to Yellom Mountain Road from Its Junction with Yellow Mountain Road to the City limits line (approximately two blocks). This matter was referred to the Planning Commission on August 1965 by the City Manager after a resident located on this portion of Garden City Boulevard bad complained about difficulty in getting mail. The Postmaster for the City has verified this difficulty yin the attached letter. The City Planning Commission found this condition is cause for confusion and is contradictory of the intent of the maser plan for street naming which requires continuity and regularity. The City Plannin9 Commission, therefore, recommends to City Council that the aforementioned blocks (3800 and 3900 blocks) of Garden City Boulevard be renamed to Yellow Mountain Road and to proceed with the preparation of the necessary ordinance. Sincerely yours. S/ Dexter N. 5math Harry B. Boynton Chairman' Mr. Stiller mired that Council concur in the recommendation of the City Planning Commission 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 OF COMMITTEES: LXBRARXES: The Raleigh Court branch Library Committee submitted the following report, recommending that Randolph Frantz and John R. Chappelear. Jr** Architects, be engaged to prppare the plans and specifications for all furnishings and equipment for the Dranch Library: "Pursuant to notion duly seconded and adopted at regular meeting of Council August 9, 1965 to consider the matter of equipment, the Raleigh Court Dranch Library Committee met un Thursday, September 2, 1965 and adopted the following recom- mendations: 1. Recommend that Randolph Franta and John Ch~ppelear, Jr., Architects for the branch, be engaged to prepare specifica- tions for necessary furniture and equipment that shall be selected in co-operation with the library director, to submit the specifications for competitive bids, and to follow prescribed procedures of the City of Roanoke and the State Library far the purchase thereof. J That the Architect°s fee be 6~ or the totcl cost of the furniture uud equipment, such fee to be reimbursed 40'~ by the State Librcr! from the federal grant If the totcl amount of the fee and the cost of the equipment does not exceed the $15,000 itemized in the uppllcctlon ret federnl funds, S/ Rgbert A. Garland Robert A, Garland, Chairman S! Jumg~ Em J~ne~ James t. Jones S! Yurrav A. Stellar Murray A. Stoller Sidney P. Chockley S! Elisabeth Mt Drewrv Rllsabeth H, Orewry S/ Evans Bt Jessee : Rvunn H, Jessee S/ Andrew Bt Thompson Mr, Garland moved that action on the report of the committee he deferred until the next regular meeting of Council. The motion was seconded by Hr. Jones and unanimously adopted. AIRFORT: The Airport Committee and the Hangar and Rates Committee submitted n Joint report with regard to rates and fees ut Roanoke Runicipal (Noodraml Airport: 'Roanoke, Virginia September 15, 1965 TO Roanoke City Council Roanoke. Virginia ~ Gentlemen: On August~30 Councllts Airport Committee and Special Com- mittee on Hangars held a joint meeting to examine and recommend to Council those changes in Airport Rates and fees considered necessary to more equitably meet increased operating caste The Joint Committee voted favorably to recommend the following changes to Council including a public bearing, ~ Group ml consisting of a business fee; hangar, hangar office and ground rentals will increase approximately '365 as shown under PROPOSED on the attached comparison of items covered in this group. Group n2 consist of two (2) divisions of building space. Section *A* for businesses located in the terminal building lobby and Section em* for U. S. Government space located in both the Terminal and Office Building mi. ,This group, as increase of 37~. Respectfully.submitted, S! RoT L, Webber Roy L. Webber, Chairman Council*s Airport Committee S/ Robert A, Garland Robert A. Garland, Chairman Special Committee Mr. Garland moved that Council accept the report of the committee and that a public hearing on the proposed rates and fees be held at ?:30 p.m** October 4, 19650 The motion mas seconded by Mr. Mheeler and unanimously adopted. 299 3,00 UNFINISHED BUSINESS-' NONE. CONSIDERATION OF CLAIMS~ NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES:AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance DO. 16620. vacating, discontinuing and closing abut portion of Roy Drive, S. I** running parallel to Southern Hills Drive, east of Griften Rosd, located within the limits of the City or Roanoke, and abut portion of au unnamed street between Hlocks I sad 2. Southern Hills (sow a portion of Lot T, Dloch 1, Edgehill Estates), having previously been before Council for its first reading, read and laid over, Hr. grolier offered the folloming Ordinance for its second reading and final adoption: (s16620) AN ORDINANCE permanently abandoning, vacating, discontinuing and closing certain streets or portions thereof located partially in the City of Roanoke, Virginia, as shoun gu the Map of Section No. 1, Southern Dills, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Hook 3, page 16. (For full text of Ordinance, see Ordinance Hook No. 281 page 37g.) Mr. grolier moved the adoption of the Ordinance. The motion was seconded by Mr, Nheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller. Wheeler and Mayor Dillard .......................... 7. NAYS: None ..................O. TAXES: Ordinance No. 16632, amending and reordainlng Section 3. Chapter 1, Title VI. of The Code of the City of Roanoke, 1956, advancing the due dates of the installment payments on real estate taxes, having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Stoller offering the following for its second reading and final adoption: (#16632) AN ORDINANCE to amend and reordain Section 3 of Chapter I. Title VI of the Code of the City of Roanohe, 1956, providing the dates upon which real estate taxes become due and are payable, (For full text of Ordinance, see Ordinance Book No. 28, page 381.) Mr. Stoller moved the adoption Of the Ordinance, The motion was seconded by Mr, Mheeler and adopted by the following vote: AYES: Messrs. Harland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: None ..................Os TALES: Ordinance No. 16633, amending and reordaining Section 6, Chapter 1 Title VI. of The Code of the City of Roanoke, 1966, changing the penal~ dates on real estate tax payments, 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: (a16633) AN ORDINANCE to amend and reordain Section 6 of Chapter I. Title VI of the Code of the City of Roanoke, 1956, providing certain penalties for the failure to mnhe payment of current real estate texas nod teagfble personal propertF aid capitation taxes on or beforo the dates upon which the same become due end payable. (For full text of Ordinance, see Ordinance Rook No, 20, page 302.) Mr, St011er moved the ed0pti0n of the Ordinnnce, The motion mas seconded by Mr, Pollard end adopted by the following rote: AYES: Momars, Gerlnnd, Jones, Pollard, Pond, Stoller, Mbeeler and Mn/or Dillard .........................7, NAYS: None ..................O, BUDGET-PAY PLAN: Council having directed tbeClty Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies la rations municipal departments since thef are of an emergency nature, he presented name; mhereupon, Mr. Stoller offered the following Resolution: (e1664g) A RESOLBTION authorizing the City Manager to employ certain personnel, (For full text of Resolution, see Resolution Rook No. 28, page 394.) Mr. Stoller moved the adoptioa of the Resolution. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ......................... NAYS: None ..................O. TRAFFIC: Council having directed the City Attorney to prepare the proper measure requiring the City Manager to notify the body before removing parking meters, he presented same; whereupon, Mr. Stoller moved that the following Ordinance be placed upon its first reading: (g166501 AN ORDINANCE amending and reordaifling Section 07, Chapter 1, of Title IVIII of the Code of the City of Roanoke, 1956, relating to motor vehicles and the establishment of and changes in parking meter zones. BE IT ORDAINED by the Council of the City of Roanoke that Section 67, in Division 2, Article VI of Chapter 1, Title IVIII of the Code of the City of Roanoke, relating to motor vehicles and the establishment of and changes in parking meter zones be, and said section is hereby amended and reordained, to read and provide as follows: Sec. 87. Parking meter zones. The parking meter zones as heretofore established upon certain of the public streets, parts of streets or other public places in the city and in effect upon the passage of this ordinance ere hereby approved and ratified by the city council, and the operation, supervision and use thereof are expressly made subject to the pro- visions of this division. The city manager may, from time to timetereafter, upon any streets or parts of streets or other public places In the city where, in his Judgment and as the result of engineering and traffic surveys, conditions so require, establish parking meter zones wherein, during any period from 8:00 A. M. to 6:00 P. M.. each day except Sundays and on the folloming holidays: New Year*s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day. Christmas Day.or the Monday next following any such day should 30! such holiday rail aa Sunday, the parking or vehJcle~ may be controlled by cola-operated parking melers~ to be installed and operated lo occo~dnuce.mlth the provisions or this division, Individual perking spaces shall bo designated mitbin said zones by lines or mcrhlogs on the street or by signs or mothers erected along said street, or other public place, The privilege or pcrhlog vehicles Il purhlsg meter zones so establishedshull, by signs,or markers placed on said pnrhlng meters, be limited to the period of time established bi the olay munsger for the pcrticulnr zone* Either 6, 12, lO, 24, 30 or 36 minutes, 1/2 to I hour, 1/2 to 2 hours, or 1/2 to 5 hours, In intervals of 1/2 hosr, us the cube may be, The city manager shell, prior to establishment of pur~lag ' meter zones under the provisions of this.section, notify the council in writing or the proposed establishment or such nones and shall obtain from the cooecil its approval thereof by resolution adopted by the coencil,.upon approval of which such change shall become effective; end the sane shall be shomn, by location and type, upon un official parhing map~ one copy of uhich shall be maintained by the city clerh in said clerh*s office and another copy of which shall be maintained by the city manager in the traffic bureau of the police department. Thereafter, every proposed change relating to the control of parking by the use of parhing meters upon public streets and public places of the city shall be first reported by the city manager to the council and be subject to similar approval by said council; and shall, ir approved, be similarly entered and shown upon each of the official parking maps referred to herein- The motion mas seconded by Er. Pond and adopted by the following vote: AYES: Messrs, Garland, Jones, Pollard, Pond, Smaller, Nheeler and Mayor Dillard .......................... NAYS: None .................. O. SCHOOLS: Mr. Stoller offered the following Resolution recognizing the public services rendered by the Roanoke Valley Council of Community Services in the organization, administration and development of local programs under the Economic Opportunity Act of 1964: (~16651} A RESOLUTION recognizing the public services rendered by the Roanoke Valley Council of Community Services in the organization, administration and development of local programs under the Economic Opportunity Act of 1964. (For full text of Resolution, see Resolution Book No. 28, page 395,) Mr. Smaller moved the adoption Of the Resolution. The motion mas seconded by Mr. Jones and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard .......................... NAYS: None ................... O, MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-LIBRARIES: Mr. Stoller ~ead the following statement with regard appropriutin9 $5,000 in order to qualify for s matching gift from the Tonphins residents of the City of Roanoke for bottoming cards at the Roanoke Public Library and its Branch Libraries: 'September 16, 1965. Ronorsble Msyor ond Fellon Renbers of Roanoke City Council. Roanoke, Virginia, Gentlemen: 303 By letter of Seplember 3 me were advised that we would lose the $$,000 wat'chisg'gift'from th~ Tompklss Estate. la our budget sessions ! thought m'e h*d made it plain that me sere increasing our appropriation rot books $5,000 to qualify for the matching gift. Since it appears that Er* Freak M. Samara, Executor, ss donor, requires that no federal fends be used (and incidentally ut the time Council hsd so knouledge of any federal funds angle) ue should do what Is necessary to obtain the mstehlog gift Yhile I consider it unfortunate that the Tompkias funds are being used is uspecioliaed area (like Bacon it is preferrable to toke sl~l knowledge for our province) at least the additional $5,000 con be used in part to meet the 'knowledge explosion.' Tremendous Increases in knowledge have made conventional library purchases insufficient and outmoded. Mhere is the Boney coming from? Libraries the country over ore chargi~$5 to $10 for snncel non-resident family cards. Our 1,200 non-resident users pay $2, which is inadequate. Residents are spending $1.75 per capita exclusive of capital and supplementary appropriations (Department 121 in the 1965-66 Budget). There are probably 4 users in the average family. Increasing the charge to $6.25 may produce $5,100 additional revenue to supply the $5,000 additional appropriation. I move that $5,000 be appropriated to Object Code 39 of Department 121 to obtain the matching funds, I further move that the City Attorney prepare the necessary amendment to specify $6.25 as the non-resident borromer fee. Respectfully, S! Murray A. Stoller Murray A. Stoller.# In this connection, Mrs. Elizabeth M. Drewry, President of the Roanoke Public Library Board, Mr. Evans B, Jesses, a member of the Library Board, and Mr. Milldam L. Rhitesides, Director of the Roanoke Public Library, appeared before Council in support of the appropriation of $5,000 and agreed that some increase should be made in the non-resident borrower fee. After a discussion of the matter, Mr. Stoller moved that the City Attorne] be directed to. prepare the proper measures appropriating the $5,000 and increasing the non-resident borrower fee, the awount of the fee to be. decided upon before final action is tahen. The motion was seconded by Mr. Pollard and unanimously adopt*d. BUDGET-CITY GOVERNMENT: Mr. Stoller read the folloulng prepared statement uith regard to an official visit to the City of Roanoke of the Mayor of Mania, Korea 'September 16, 1965. Honorable Mayor and Fellow Members of Roanoke City Council, Roanoke, Virginia. Gentlemen: It now appears that Mayor Chun of Mania will be in Roanoke October 24-27. Be is invited to stay at OUr home. Tentatively we plan to leave Sunday, the 2dth, free after his arrival. Monday, the 25tho me plan to take him to the MUyOF*S Prayer Breakfast, to see City Operations in the morning, Innch with me and attend Conncil*s meetin9 in the afternoon, and spend the evening with Korean friends here. Tuesday we expect to Show him City operations morning and afternoon, have e.dntch-treut luncheon mith the directors Of the InternatJonsl Municipal Cooperation Committee, and u formal dinner at Hotel Roanoke in the evening. .It is expected that the dinner would be Counciles gesture. Agreement is therefore requested to sion the bill on behalf of Council for the dinner. A~ ut 20 Should be in attendance and the cost should run $100. Respectfully, S! Murray A. Stoller Murray A. 5toiler.# 304 Mr. Stoller moved that Mayor Dillard be authorized and directed to sign the bill for the dinner ntn cost not to exceed S100, The motion uus seconded by Mr. Pollard ced unanimously cdopted. AUDITORIUM-COLISEUM: Mr. Stoller read the folloulug sentencer mith regard to plans rot u civic center: "September 16, 1965. Honorable Mayor and Fellou Mashers of Boauohe City Council. Mosnohe, V?giuin. Gentlemen: As an example of abe excellent material available in the Rounohe Public Library, I call to your attention *Auditoriums end Arenas: Supplement, Facts From A Survey by the International Association of Auditorium Managers** (This is Librnry Mo, 338411258 In 8) Contained in the pamphlet ire the replies to the 1963 question- nuires of the Association. 1. The trend is to locate such buildings in n civic center. 2. There will be n continued groxth of such facilities. 3. 73~ are located mithin u mile OF less of the business district center and near major hotels and restaurants. 4. Buildings coutinne to be operated under three basic philosophies: some meet operating costs and amortize capital costs; some meet operating costs only; some ore expected to be subsidized us a community service. Of the 10 buildings that reported their revenues and expenditures for 1961-62, 23 brahe even or operated ut a profit and 4T operated at a loss. Self-operated concessions appear tabu un important factor in profitable operations. Mhile primarily of interest to members Of the Civic Center Committee, this little publication should prove valuable to all Councilmen. To ansmer our question, our plans are suitbble and by implication Snlem*s are not. Respectfully, S/ Murray A, Stoller Murray A. 5toller." Mr. Pollard moved that the statement be received and filed. The motion was seconded by Mr. Stoller and unanimously adopted. BUILDING DEPARTM£NT: Mayor Dillard pointed out that the term of Mr. J. M Yeatts, ns n member of the Board of Appeal, Building Code, will expire on September 30, 1965, and called for nominations to fill the pending vacancy. Mr. Jones placed in nomincation the name of J. M. Yeutts. There being no further nominations, Mr. J. M. Yeatts was reelected us member of the Board of Appeal, Building Code, for a term of'five years beginning October 1, 1965, hi the following vote: FOR MR. Y£ATTS: Messrs. Garland, Jones, Pollard, Pond, 8toller, Mheeler hud Mayor Dillard ............. ~ .................. MUNICIPAL COURT: Mayor Dillard pointed out that the term of Judge Harris Birchfield ns Substitute Judge of the Municipel Court will expire September 30, 1965, and called for nominations to fill the pending vacancy. 3O5 Mr. Mheeler pieced In nominltJon the Rime or HIrris S. Blrchfield. There being ·o r·rtber nominutlots, Judge Herric S. Birchrleld mst reelected Is Substit·te Judge or the Municipal Court for · term or r,ur y,sro beginning October 1, 1965, by the r,Il,ming vote: FOR JUDGE fllRCHFIELR: Messrs. GIrlundo Jones. Pollard, Pond, St,lief, iheeler iud Muyor Dlllurd .............................. 7. RUNIClPAE COURT: Judge Raymond P. aurnes having submitted his resignation · s Substitute Judge of the MunJcipsi Court, Mayor Dillard called rot nominutio~ to rill the vacancy. Mr. St,lief placed in nomination the nome or #Milner F. Dillard. There being no further nominations. Mr. Milluer F. Dillard nas elected Is Substitute Judge or the Municipal Court for · term or ro~ yesrs beginning October l, 1965, by the rolloulng vote: PaR HR. DILLARD: Messrs. Garland° Jones. Pollard, Pond. St,lief. Rheeler lid May~ Dillard ....................................... 7. On uotlon of Mr. Pollard, seconded by Mr. Jones and unanimously Udopted, the meeting ~es adjourned. AT]'EST: City Clerk APPROVED 306 COUNCIL, SPECIAL NEETING. Wednesday. Septeober 22, 1965 The Council of the City of Roaeoke Bet la special meeting Is the Audit,flat or the City*s Health Center. Wednesday. September 22. 1965. at 7:30 p.m., for the purpose of continuing lbo p'ubllc hearing on the proposed Z,,lng Ordinance to ~e~mit to voice their requests regarding proposed zoning of r~ous attorneys parcels of lend. PRESENT: Coancflae~ Robert A. Garland, J,sea E. J,n,n. R~! R. Poilzrd, Sr.. Clarence E. Pond. Hurray A. St,lieF and Mayor Benton O. Dillard---~ .......... ABSEnt: Coonc~luan Vincent S. Nheeler ..................................1. OFFICERS PRESENT: Hr. James N. ~lncanon. City Attorney. ZONING: C,,moil having continued its public hearing until 7:30 p.m.. September 22. 1965. on the proposal of the Roanoke City Planning Co~oission to adopt an Ordinance amending in its entirety Chapter 4. of Title IV. of The Code of the City of Roanoke. 1956. ns presently amended, relating to Zoning. thereby amending. supplementing, changing or modifying all of the regulation*s, restrictions, boundurie: end districts provided for in said chapter or shown on the Z,nan9 Plan referred to in Section I of said chapter for the purpose of continuing the public hearing on th~ pr,posed Zoning Ordinance to permit attorneys end citizens to voice their requests regarding proposed zoning of various parcels of land. the matter wes before the body. Hr. John D. Cart. Attorney. representing the P. C. Huff Estate. appeared before Council regardin9 the z,nih9 of property located on the south si~e of Hershberger Road. N. W.. between Huff Lane and Cove Road consisting of a 1.23-acve tract of land, Official Tax No° 2350107; a S4.51-acre tract of land, Official Tax No. 2360101; a 206.10-acre tract of land. Official Tax No. 2490101 and a 1.41-acre tract of land. Official Tax No° 2490102 presently zoned General Residence District and proposed to be zoned under Section 130.08, Industrial Derelopment Dtntrict - of the proposed Zoning Ordinance and advised he will be unable to discuss the until certain studies being made by the Plannin9 and Engine,rim9 Deportments of the City of Roanoke are completed, Mr. Dexter N. Smith, Director of City Planning, advised that the questions regarding the P. C. Huff Estate could be worked out in n few days. Mr. John D. Cart, Attorney, representing the McClaugherty Estate, appeared before Council regarding the znning of property located on the north side Of Hrandon Avenue, S. W., east of Mindsor Avenue, described as Lots 1-6. Block 6, Stratford Court, Official Tax Nos. 1250701 - 1250705 now zoned an General Residence District and proposed to be zoned under Section 130.05, General Commercial District - of the proposed Zoning Ordinance and advised that an oil company is interested in five of the lots and he mill file a petition for rezonimg of the property if this materializes. Mr. Morton Honeyme·, Attorney, representing Mr. Berrey S. Lull·so ·ppeered before Council opposing the proposed zoning of · 5.II-acre St·ct of land loc·ted o· the north side of She·eedoeh Ave·ce, N. W,, betueen Old Stevens Road end West Side Boulevard, Official Tem No. 2732201 end e O.60oecre trees of lend loceted on the soethuest car·er of West Side Boulevard and Shenendosb Ave·ne, Official Tom No. 2732301, now zoned es BusS·ess District and proposed to be zoned under Section 130,01, Si·gin Femil~ Residential District - RS-2 of the proposed Zoning 0rdi·e·ce. Mr, Morton Boneyeen, Attorney, representing Mrs~ Tobee Rosenberg Kaplan znd the Lube Rosenberg end Berry Rosenberg Estates, appeared before Council ie opposition to the proposed mania9 of property loceted on tho southwest car·er Of Melrose Ave·ne and Thirty-first Street, N. W., described es Lots I and 2, Block 1, Angell Addition, Official Tax Nos. 2530101 and 2530102, now zoned as Rosiness District end proposed to be zoned under Section 130.04. Office and Institutional District - C-I and under Section 130.02, Duplex Residential District o RO of the proposed Zoning Ordinance. Mr. Horton Boneyman. Attorney, representing Mr. S. Lewis Lionberger, appeared before Council in opposition to the proposed zoning of property located on the southwest corner of Patterson Avenue and Nineteenth Street. N. W., described as Lots 1, 2 and 3. Block 35. West End and River %Sew Map, Official Tax No. 1313508 non zoned us Light Industrial District and proposed to be zoned under Section 130.03 General Residential District - RG-2, of the proposed Zonin9 Ordinance. Mr. Maury L. Strauss. representing the Roanoke Valley Home Builders Association, appeared before Council reiterating his position that the 0rdinence is too restrictive particularly in the Central Business District end adjacent areas. At this point Mr. Wheeler entered the meeting. Mr. Richard R. Quick. representing the Roanoke Valley Board of Realtors, appeared before Council reiterating his position that the Ordinance is too restrictS' particularly in Section 130.03, General Residential District - RG-I, RG-2, and Section 130.02, Duplex Residential District - RD. Mr. C. F. Kefaover, Realtor, appeared before Conncil Jn opposition to the zoning of Fifth Street. S. W., from Luck Avenue to Mountain Avenue, proposed to be zoned under Section 130.07, Central Business District Expansion Area - C-4 and Section 130.04, Officeand Institutional District - C-I, expressing the opinion that it should be left business os most of it is presently zoned. Mr. Willis' M. Anderson, Attorney, representin9 members of the sign industry, appeared before Conncil in opposition to the regulations a~plying to signs particularly under Section 130.05, General Commercial District - C-2 of the proposed Zoning Ordinance. Mr. rancher T. Turner, President, Dominion Signs, Incorporated, appeared before Council in opposition to the regulations placed on signs expressing the opinion that the Ordinance is too restrictive and that most signs in the section zoned under Section 130.05, General Commercial District - C-2 were non-conforming. 307 3O8 After o discussion of the setter, er, Wheeler moved thet the.draft of the proposed nee Zoning Ordinance b'e taken under odvlsemeet smd referred buck to the City Planning Coemission together slth the Director of City Planning and the City Attorney to confer uith members of the Roanoke Volley Board of Realtors, ettoreeys of the committee of the Roanoke Rsr Associstioe studying the Ordinonce sad members of the 'sign industry in the redrsfting of the measure pursuant to chsnoes suggested et the public hearing sod aubuJt same to Council for further consideration. The motion mss seconded by Mr. atelier end unanimously adopted. Hr. atelier moved that couprehensive and height uoning satisfactory to the Federal Aviation Agency mith respect to land edJncent to and in the lumediete vicinity o! Roeoohe #unicipal (Woodruu) A~rport be incorporated into the proposed nee Zoning Ordinance. The notion uss seconded.by Hr. Wheeler end unsniuoosl! sdopted. On motioo of Rr. Rbeeler, seconded by RFo Pollard and unanimously adopted, the meeting mas adjourned. APPROVED A~TE~: COUNCIL, REGULAR MEETING. Monday, September 2T, 1965. The Council ot the City of Roanoke let in regular meeting in the Council Chamber in the Municipal Building. Mondly, September 27, 1965, nt 2 p.m., the regular meeting hour, ulth Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, James E. Jones, Roy R, Pollard, St** Clarence E, Pond, Murrny A. St,lief, Vincent S. lheeler and Mayor Benton O. Dillard .......................................... 7. ABSENT: None ..........................O. OFFICERS PRESENT: Mr. J. Robert Thouu~, Acting City MsnngeF and City Auditor, and Mr. James No Kincanon, City Attorney. INVOCATION: The meeting Was opened with n prayer by Dr. Jesse E. Davis. Pastor, Virginia Neights~Bnptist Church. BEARING OF CITIZENS UPON PUBLIC MATTERS: AIRPORT: Pursuant to notice of advertisement for bids on equipping and operating the automobile parking facility at Roanoke Municipal (M,,drum) Airport for a period of three years beginning October 1. 1965, including n fiat sum plus u percentage of gross receipts for each year. said pro@,sols to be received by the City Clerk until 1:30 p,m.. Monday, September 27, 1965, and to be opened at 2 p.m., before Council, Mayor Dillard 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 mith the opening o f the bids; whereupon, the City Clerk opene~ and read the folloming bids: Bidder 1st Year 2nd Year 3rd Year Plus Percentaqe Allright Company, Incorporated $16,000 $1O,O00 $20.000 Carolina P~rking System $18,000 $19.000 $20,000 91.OT~ over $38,000 first year 92.07~ over $40,800 Second year 93.07~ over $42,800 third year ?$~ from $36.000-$66,000 85~ over $66.000 first year 75~ from $36.000-$66.000 B5~ over $66.000 second year 75~ from $36.000-$66,000 B5X over $66.000 third year 309 Ridder Airport Perking Company of America 1st Yea, K ~nd Tear 3rd Year Plus Percentage $20,000 $22.000 $30,000 60~ over $45,000 first year 60~ over $47,000 second year 60~ over $55,000 third year Mr, Stoller moved that the bids he referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee The motion was seconded by Mr. Pond and unanimously adopted. Mayor Dillard appointed Messrs. Roy R. Pollard, Sr., Chairman, J. Robert Thomas and Rueford B. Thompson ns members of the committee. PETITIONS AND COMMUNICATIONS: SCHOOLS: A communication from Mr. Bristou Hardin, Jr** Executive Director Total Action Against Poverty in Roanoke Valley, advising thet the first Day-Core Center mill open soon at ?02 Shenandoah Avenue, N. M., and requesting that since the playground will be on the Opposite side of the street a member of his staff he put in uniform and given police pouers to serve aa a crossing guard, that school- type flashing traffic signals, costin9 SI.100 be erected and that traffic signals, cummin9 $5,225, also be erected, was before Council. After a lengthy discussion of the matter, Mr. Smaller moved that the City Attorney be directed to prepare the proper measure granting the request for furrier consideration of Council. The motion was seconded by Mr. Wheeler and unanimously adopted. AIRPORT: A communication from Martin, Hopkins and Lemon. Attorneys, representing Arrow Wood Country Club, Incorporated. requestin~ that the City Of Roanoke lease approximately 41 acres Of land in the clear zone for the northeast- southwest runway at Roanoke Municipal (Moodrum) Airport for o term of thirty years st an annual rental of $1,000, was before Council. In a discussion of the matter, Mr. Wheeler explained that he, Mr. Smaller and Mr. Pond have been studying the request as an unofficial committee and that the petitioner wants to use the land for a golf course, After a farther discussion of the matter, the City Attorney explaining that he has not had an opportunity to approve a proposed lease for the land and that if an Ordinance providing for the leasing of same is placed upon its first reading some changes may be required before final adoption thereof, Mr, Wheeler moved that Council concur in the request of Arran Mood Country Club, Incorporated, and that the following Ordinance be placed upon its first reading: (u16652) AN ORDINANCE providing for the City's lease of certain vacant loud lB Roanoke County. a part of the Cltyts Municipal Airport sou*hues* clear zone and conditions. MltEREASo Arrow Wood Country Club. Inc** hum offered to lease for 8 term of lears hereinafter provided, from the City that portion of its northeast - sou*hues airport ruuuay clear zone property which lieu uesterly of Inters*ute Spur Route 591 in Roanoke County, Virginia, said to contain approxiwately 43 acres, nil of ehich said laud lies vacant and unused except to provide au unobstructed clear zone for said Cityts northeast - southwest Municipal Airport runway, end said Corporation bus offered to pay to the City as rental therefor the sum of $1o000.00 per year, payable in advance during the term of said lease; and I~liEREAS, all said land was acquired by the City in participation with the Federal Aviation Agency of the United States of America for the sole purpose of Jroviding un unobstructed clear zone area for the aforesaid airport runway, the terms and provisions of uhich said participating sgreeme~ between the City and Federal ~artles as Contract No. Clca-3400-A, dated October 23, lqS?. on file in the office of the City Clerk; and WH£REAS, a committee of the Council, considering said proposal, has recommended to the Council that the offer of Arrow Wood Country Club, Inc.. to lease said land from the City be accepted upon the terms, conditions and provisions herein. after provided, and said Council concurs with its said commit*eats recommendation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke.that, upon approval by the Federal Aviation Agency, an Agency of the United States Government. of the covenants, provisions and conditJoos to be incorporated into the City*s lease relating to the approximately 43 acres of land in the City*s northeast - southwest County, Virginia, said City doth hereby approve, authorize and direct the execution behalf of the City. by the Mayor and the City Clerk, of u written lease agreement nit Arrow Wood Country Club, Inc., pursuant to which said City doth lease, let and demise unto said Arrow Wood Country Club, Inc., all Of that certain 43 acre tract of land hereinabove mentioned for a term of thirty (30) years commencing as of the lSth day * November, 1965, and ending on the 14th day Of November, 1995, for an annual rental of $I,000.00, cash, payable to the City in advance on the first day Of each and every year during the term of said lease and in such manner as is provided in said lease, said land to be used by said tenant solely for purposes of n golf course, and no other; said lease to contain adequate and express provision that the superior use Of said land shall at all times be that of providing an unobstructed airport runway clear zone area; that said City shall at all times have the unqualified right to use 312 or reclaim eay part of Or all of the demised premises for nay airport development purpose or parpoaea uhnteoever; that said tenant mill eot construct nor suffer to be constricted, or tO exist upon iai port of ~he demised premises Bay artificial structures of say type mithout prior ·pproval thereof in writing by a~ authoriled officl·l or the City who ~all, prior thereto and if appropriate, obtain similar approval of the aforesaid Federal Aviation Agencyl that said tenant oill at nil time teep ell trees and shrubbery aa the demised premises cut amd trimmed lo saab · may as to preclude the same from being or becoming · navigational hazard to users of said City*a Municipal Airport; that said tenant adequately agree to idemuify and save the City harmless from any and all liabilities arising as a result of its lease of the demised premises, and will provide adequate liability insurance against claims fur personal injury or property damage; that said lease shall be noeassignabl on the part of the said tenant without the prior consent and approval of this Cannel expressed by ordinance or resolution, which such consent will not be arbitrarily withheld by the Council; said lease to contain, in addition, such other general terms, provisions and conditions as are deemed necessary to fully protect the Clty*s interests by the Mayor, the City Attorney or the City Manager, and the said lease, prior to its execution on behalf of the City, to be approved as to form by the City BE XT FURTHER ORDAINED that the annual net rental received by the City pursuant to the aforesaid lease be expended, annually, for other purposes of said Ronnohe Municipal Airport so long as the City be so required by the terms Of t~e Grant Agreement abovementtoned. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stoller, Wheeler and May~ Dillard ......................................... 7.. NAYS: None ...........................O. ZONING: A communicntloe from Mr. I. J. Thomas, requesting that property located on the northeast corner of Hollins Road and Shall Rood, N. E., described as Lots 10 and 11, C~ G. Orange Map, Official Tax Nos. 3121710 and 3121711, be rezoned from Special Residence District to Business District, was before Council. On motion of Mr. Stoller, secondedhy Mr. Pond and unanimously adopted, the request for rezoning sas referred to the City Planning Commission for study, report and recommendation to Council, SEMERS AND STORM DRAINS: A communication from Miss Catherine E. Brown, requesting that sanitary sewers be installed in the Fnirland section of the City Of Roanoke, was before Council. On motion of Mr. Mheeler, seconded by Mr. Jones and unanimously adopted, marked up for the area for further consideration of Council. LEGISLATION-TAXES: A communication from u Joint Tax Committee composed of representatives of the Roanohe Merchants Association, Dountonn Roanoke, Incorporated end the Chamber of Commerce or Roanoke, Virginia, Incorporated, again requesting that · local Soles Tax Ordinance be delayed until after determination is made as to mhether or not the 1966 biennium session of the General Assembly mill enact u soles tax statute and eshing that in the event u local Sales Tax Ordinance should be drama the Joint Tax Committee be given un opportunity to reviem and discuss the proposed Ordinance mith members of the committee before such Ordinance is placed on the amend of Council, mas before the body. #r. Stoller moved that the request be referred to a committee composed of Messrs. Junes E. Jones, Chairman, Vincent S. Wheeler and Clarence E. Pond for its information in connection mith its preparation of n Sales Tax Ordinance. The motion mas seconded by Mr. Jones and unanimously adopted. LlflRARIES: A communication from the Reverend E. Uelus. resigning us member of the Roanoke Public Library Uourd, effective September 13. 1965. as a resul~ of leaving the City of Roanoke to serve on the faculty of Mt. Vernon Bible College, Mt. Vernon. Ohio. was before Council. Mr. Stoller moved that the resignation be accepted with regret. The matin AUOITS-CIT¥ TREASURER: A communication from Mr. J. Gordon Bennett, Audito of Public Accounts for the Commonmealth of Virginia, transmitting a report on an audit Of the accounts and records Of Mr. J. I!. Johnson, Treasurer of t~e City ended June 30, lgbS, and advising that the examination disclosed slat proper accounting had been made for all recorded receipts, also, that the records had ~een prepared in excellent manner, was before Council~ Mr. Stoller moved that the communication and report be received and filed. The motion mas seconded by Mr. Garland and unanimously adopted. REPORTS OF OFFICERS: STREET LIGHTS: The Acting City Manager submitted a written report, recommending that a street light be installed in the middle of the 3300 block of Salem Turnpike, N. W. Mr. Stoller moved that Council concur in the recommendation of the Acting City Manager and Offered the following Resolution: (~16653) A RESOLUTION authorizing the installation of one 2500 lumen overhead incandescent street light in the middle Of the 3300 bloch Of Salem Turnpik* N. W., (AP Pole No. 2S3-19). (For full text of Resolution, see Resolution Book No. 28, page 399.) Mr. Stoller moved t~e adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ......................................... 7. NAYS: None ...........................O. 3~.3 3t r BUDGET-SENERS AND STORM DRAINS: The Acting City Muncger submitted e nrittee report, recounendisg that $15,892,93 be appropriated to cover the total cost of repairing a cave-in surrounding a portion of the atorm drain end sanitary seuer behind Arlaa*s Department Store, said repairs baying been authorized by the City Manager under emergency conditions. Mr. SCalier guyed that Council concur in the reconnendation of the Acting City Manager end offered the folloning emergency Ordinance: (=16654) AN ORDINANCE to amend and reordain Section ~4, 'Saner Main- tenance.' and Section z166, 'Contingencies,' of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28. page 399.) Mr. Stoller moved the adoption of the Ordinance. The uotion uss seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard. Pond, Stoller. Mheeler and Mayor Dillard ......................................... 7. NAYS: None ...........................O. BUDGET-REFUNDS AND REBATES-TAXES: The Acting City Manager submitted a mritten report, recommending that $3,500 be appropriated to cover the refund of tobacco taxes due to meter changes. Mr. Stoller moved that Council concur in the recommendation of the Actin9 City Manager and offered the follosinu emeruency Ordinance: (=16655) AN ORDINANCE to amend and reordain Section =150, *Non-Depart- mental." and Section =!66, 'Contingencies,' of the 1965-66 Appropriation Ordinance, and providing for an e~ergencyo (For full text of Ordinance, see Ordinance Book No. 29, page 40g.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the follouing vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Rheeler and Mayor Dillard ......................................... 7. NAYS: None ...........................O. BUDGBT-PAY PLAN: The Acting City Manager submitted the following report recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: *Roanoke, Virginia September 27. 1965 To the City Council Roanoke. Virginia Gentlemen: I hereby request authority to fill the following vacancies in the City Force, all of Mhicb are needed: Refuse Disposal - 4 Disposal Laborers, group 10 Engineering - 1Rodman, Group 14 Respectfully sn~mJtted, S/ J. Robert Thomas Acting City Manager' Mr, Sloller moved that Council concur in the recommendations of the Aciing City Manager Iud that the uniter be referred to the City Attorney for prepnrntion of the proper measure. The motion uns seconded by Mr, Pond nnd unsnimoosly adopted. STATE HIG~IWAYS: The Acting City Manager submitted a uritten report. advising that be has been unnble to acquire Parcel No. 017 and Parcel No. 020 needed in connection elth the improvement nad construction of Virginia State Ro~e 5gm ut the appraised value and recommended that he be authorized to make n firm offer fei said parcels of lend uith a vJeu of instituting condemnation proceedings. Mr. Smaller moved that Council concur in the recommendation of the Acting City Manager nnd offered the follouJng emergency Ordinance: (z1665b) AN ORDINANCE authorizing end directing the acquisition of tea i(2) certain properties necessary for the Improvement and construction of the City's Route No. 599 Project, in the City; authorizing the City Manager to make to the onner thereof of YeFs for the City*s purchase of said properties; providing for the acquisi- tion of said properties by condemnation, under certain circumstances, end for a right of entry thereon; and providing for on emergency. (For full text of O~dinance, see Ordinance Book No. 2~, page 400.) MF. Smaller moved the adoption of the Ordinance. The motion mas seco~ ed by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stellar, Rheeler and Mayor Dillard ......................................... T. NAYS: None ...........................O. STATE HIGHWAYS: The Acting City Manager submitted u mritten re port, advising that he has been unable through negotiation to acquire Parcel No. 089 owned by City Rescue Mission of Roanoke, Incorporated, needed in connection with the improvement Of Virginia State Route 24, at the appraised value, and recommended that he be authorized to make u firm offer for the parcel of land with a view of instituting condemnation proceedings. Mr. Wheeler moved that Council concur in the recommendation Of the Acting City Manager and offered the follooJng emergency Ordinance: (316657) AN ORDINANCE authorizing and directing the acquisition of a certain parcel of land necessary for the improvement and construction Of State Route No, 24, in the City; authorizing the Acting City Manager Or City Manager to make to the omner thereof an offer for the City*s purchase Of said property; providing for ti acquisition of said property by condemnation, under certain circumstances, and for a right of entry thereon; and providing for an emergency. (Par full text of Ordinance, see Ordinance Bock No. 28, page 402.) Mr. Wheeler moved the adoption of the Ordinance. The motion Has seconded by Mr. Smaller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Pond, Smaller, Mheeler and Mayor Dillard ........................... ~ ............. 7. NAYS: None ........................... O, 315 316 'SRMERS AND STORM ORAINS: Connoil having referred to the City Msnnger for stud! and report e petition signed by fifty-six residents or the 700 ned 600 blochs Thirtieth Street, N. N., requesting that a drainnge problen in the ores be corrected the Acting City Manager submitted a uritten report, reconeending tbnt the matter be eferred to the Cnpbl Improvements Comeittee for its consideration. Mr. Wheeler moved thnt Council concur in the recommendntion of the Acting Unnnger and that the request be referred to the Cnpitnl Improvements Couuittee for its consideration. The unties ess seconded by Mr. Pollnrd nnd ununlmously adopted. PURCHASE OF PROPERTY-ROUSING-SLUM CLEARANCE-SCHOOLS: Council laving directed the City Manager to have a modern apprnJsnl made of n parcel Of land ndJ the GliDer Elementary School omned by the City of Roanoke Redevelopment and Housing Authority, the Acting City Manager submitted the following report: "Roanoke, Virginia September 27, igh5 To the City Council Roanoke, Virginia Gentlemen: Pursuant to your directive of July 6, 1965, there is attached hereto an appraisal of Parcel No. 6, of the Roanoke Redevelopment and Housing Authority. located on the corner of Fourth Street and Gilmer Avenue, adjacent to the Gllmer Elementary School, setting the value of $4200 thereof. mhich is the same value at which the property has been offered to the City Of Roanohe by the said Authority. purchase of this property, after a modern appraisal had been made, and I am attaching hereto an ordinance, nut~orizJn? t~e purchase thereof, which I recommend you adopt. This would require un appropriation of $4400, which will include the cost of the appraisal and incidental costs relative to the closing of the deal. Respectfully submitted, S/ J. Robert Thomas Acting City Manager# City Manager. and offered the following emergency Ordinance: .(~16656) AN ORDINANCE authorizing the purchase ad acquisition of certain real estate situate on the nortLwest corner of Gainer Avenue and 4th Street, N. E., from City of Roanohe Redevelopment ~ Housing Authority upon certain terms and conditions;and providing for ao emergency. (For full text of Ordinance, see Ordinance Rook No. 29, page 404.) Mr. Stellar moved the adoption of the Ordinance. The motion nas Seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Girland, Jones, Pollard, Pond, Stellar, Wheeler and Mayor Dillard ......................................... 7. NAYS: None ...........................O. Mr. Stoller then offered the following eoergency Ordinance transferring $4,400 from the Contingency Fond: (o1665g) AN ORDINANCE to amend and reordaJn Section nlSOo #Non-Deport- contel,# and Section m166, "Contingencies,' of the 1965-66 Appropriation Ordinance, end providing for on emergency. (For fall temt of Ordinance, see Ordinance Rooh No. 28, page 405.) Mr. Stoller Bayed the adoption of the Ordinance. The motion naa seconded by Mr. Mheeler and adopted by the rolloein9 vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dill ~ d ......................................... 7. NAYS: None ...........................O. STREETS AND ALLEYS: Council having requested the City Manager to prepare a map showing the details of widening Colonial Avenue. S. M., the Acting City Manage: submitted the following report: "Roanoke, Virginia September 27, 1965 To the City Council Roanoke, Virginia Gentlemen: Pursuant to your directive et your regular meeting of August 30, 1965, I am forwarding, herewith, a report of the Director of Public Works, outlining a plan for widening and improvements on Colonial Avenue, S. M.. mhich is in considerable detail and I believe meets your directive. It is planned that the Mark involved will require no additional appropriations of funds, except that curb and gutter work will be included in the next curb and gutter contract for which no funds are presently available in the 1965-66 budget, and, further, that the actual cost Of the right of way may ~xceed present estimates and require additional funds for that purpose. If you concur in this report, we will proceed a pace. Respectfully submitted, S/ J. Robert Thomas Actin9 City Manager" Mr. Stoller moved that Council accept the plan for midening and improving Colonial Avenue and that the City Manager be authorized to nego%iate for the necessa lend. The motion was seconded byMr. Mheeler and unanimously adopted. STATE HIGHMAYS: Council having referred the question of purchasing Parcel Nos. OTO.. 012 and 075 from Roanoke Distributing Company, Incorporated, C, C. Bova and Pearl A. Bore and William C. Dove and Georgia Dora, needed in connec- tion mith the improvement of Virginia State Route 24, back to the Acting City Manager for further study, the Acting City Manager submitted the following report: "Roanoke, Virginia September 27, 1965 To the City Council Roanoke, Virginia Gentlemen: At your meeting of September 20. you referred bach to me for study with the City Attorney, the request for authority to acquire Parcel Nos. 070, 072 and OT5 in connection mith State Route 24, with particular reference to advice from the State Department of Highways that in acquiring these properties the City is paying 3'17 318 dswsges ~o *the present oMuers under this project for loss of rill access smd lilt is is physically possible to provide rail access to the property from the solth by exteedlng ux existing spur trick, uhich would ?terlully increase the cost of Route 599. ! au attaching heretl s copy of o letter frot the Deportment or Hlghus'ys,'dat~dAbguit 3~, 1965. advising of this condition and stating to pertit this spur track eztension into the properties concerned would require nbrtdge on Route 599 to be lengthened nt a cost of upproziwntel~. ST?,000o or for damages to be paid to the Darters n 'second tiwe for loss' of rail service, in uhich event the State Department of Highways. would bear no portion of such cost and requesting that the City take lecessnry steps to prevent the extension o! the spur frae the south. The Director of Public Marks has advised the Norfolk nad #astern Railway Cowpeny and the onners of the properties involved that no permission mould he grunted to extend the spur trnch from the south into the properties over the public ways; houevero it is important that should nn application for such on extension be later presented to the Council, this entire mutter be of record lathe Council's official files. The attached letter is provided for that purpose. The City Att'oma! bna advised that no further action is the properties as recommended. Respectfully submitted, S/ J. Robert Thomas Acting City Manager" Mr. Stoller moved that Council concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: (~16660) AN OR01NANCE authorizing and directin~ the acquisition of two (2) ~arcela of land and certain easeeents in Other la~d necessary for the improve- ment and construction of State Route No. 24, in the City; 8uthorizin? the City Manager to make to the ouners thereof offers for the City's purchose of said properties end easements; providing for the acquisition of that part of the propert] needed for State Route No. 24 by condemnation, under certain circumstances, and for a right of entry thereon; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 406.) 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, Pond. Stoller, Mheelec and Mayor Dillard ......................................... ?- NAYS: None ...........................O. REPOgTS: The Actin9 City Manager submitted a written report transmitting a report Of the Department of ~ublic Welfare for the month of July, 1965, and listing other monthly departmental reports on file in the office Of the City Manager. Mr. Stoller moved that the report be received and filed. The notion was seconded by Mr. Pond and unanimously adopted. REPORTS OF COMMITTEES: PURCHASE OF PROpERTY-SCHOOLS: The Real Estate Committee submitted th e following report with regard to an offer of Mr. C. L. Wertz to sell to the City of Roanoke a l.?07-acre tract of land located on the southeast corner of Salem Turnpike and Thirty-sixth Street. N. R., adjacent to Fairview Elementary School: :319 #Saptem~er~230 1565, The Honorable Council or the City of Rosooheo Virginia Gentlemen: At your meeting of July 12, 1965, yon referred to the undersigned committee u communication from Mr. Co L.. Wertz offering to sell to the City of Ro·nohe · l.TO?*acre tract of land located on the southeast corner or Salem Turnpike and Thirty-sixth Street, M. W., adjacent to Foirriem Elementary School, ut · net price of Thin property has previously been offered to the city for Sg.soo.oo and $8,500.00, both offers having been declined after on original study of the question by u committee composed of Men·rs. ReaSon O, Dillard, Chairman, Robert A. Garland and Murray A. Smaller. After considerable study, your undersigned committee has concluded that the city has no present need for this property and that the offer should be declined. We so recommend. Respectfully submitted. S/ Roy R. Pollard, Sr. Roy R. Pollord, Sr,, Chairman S/ J. Robert Thomas J. Robert Thomas S! J. N. Eincanon James M. Kincanon" Mr. Pollard moved that Council concur in the recommendation of the committee and that the offer he declined. The notion was seconded by Mr. Jane· and unanimously adopted. GAROA6E REMOVAL: The committee appointed to tabulate bids received on furnishing two leaf loaders for the Street Clesnin9 Department submitted the follomin9 report: 'September 22, 1965 To the City Council Roanoke, Virginia Gentlemen: On September 20. 1965, bids mere opened and read before City Council for furnishing tmo neu leaf loaders to the Street Cleanln9 Department. The bid in the amount of $3.683.$8, submitted by Municipal Sties.Co., Inc.. does not meet specifications since this bid is for leaf loaders with air-cooled engines instead of mater-cooled engines as specified. The Superintendent of the City Garage advises that mater-cooled engines mere specified in order to prevent excessive heating of the units while in operation. Therefore. the Committee recommends acceptance of the lamest bid meetin9 all specifications of the City, mhlch bid mas submitted by Shaffer Equipment and Supply Company for furnishing and delivering, f.o.b. Roanoke, Virginia, two new *Good Roads* leaf loaders at a sum of $4,890.00, less a discount of 1~ for payment mithin ten days, a net sum of $4,841.10. This amount includes trade-in allowance for tmo old 'Good Roads* Leaf Loaders. Respectfully submitted, CORMITTEE: S~ Clarence E. Pond Clarence E, Pond,.Chairman S/ J. Robert Thomas J. Robert Thomas S/ B.'B. Thompson Bueford B. Thompson" .320 Mr. Pond u,red that Council concur Jo the recommend,tiaa of the committee iud offernd the follouiug emergency Ordinance: (e16661) AN ORDINANCE providing for the City's purchase of tun (2) leaf loaders for the City's Street Cleaning Deportuent~ accepting u certain bid rot furnishing the soue upon certain terms nad conditions: rejecting certain other bids: and providing for on eoergency. (For full text of Ordinance. see Ordinance Book NO. 20. page 40~.) Mr. Pond u,red the adoption of the Ordnance. The motion uos seconded by Mr. Stoller nad adopted by the follouing vote: AYES: Heists. Garland. Jones. Pollard. Pond. St,lieF. iheeler and #oyor Olllord ......................................... 7. NAYS: None ...........................O. COAL: The coumittee appointed to tabulate bids received for supplying cool to the City of Roanoke for the period from October 1o 1965, through September 3¢ 1966, submitted the folloulng report: 'September 22. 1965 To the City Council Roanoke. Virginia S/ J. Robert Thomas S~ B. B. Thompson Dillord ......................................... T. 321 LIBRARIES: Council having deferred uctioo on the recoelendution of the Raleigh Court Branch Librery Committee thou Rsndol~ Frsutz end John W; Choppeleer, Jr** Architects, be enguged to prepure the plans nad $pecificutiont for nil furnishings end equipment f~r the flrunoh Library, the coueJttee submitted · subsequent report, recemueodlug thou the services of the architects not he enguged for this purpose, Mr. Gurlund, Chairman of the committee, expluining thus 8 citizen hes offered to murk uith the Director of the Roanoke Public Librury in preparing the specificutionn rot the furniture and equipment. Mr. Garlund then moved thus Council concur in the recommenduti~u Of the comuJttee thus the services of Randolph Froutz end John M. Chappeleur, Jr., Architects, not be engnged to prepare the plans and specifications for the furniture end equipment for the Raleigh Court Oranch LJbruryo The notion mas seconded Mr. Pollard and unanimously edopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance NO. 16634, rezonlng property located on Sweetbrier Avenue and Hollomell Avenue, S. W., betueen Strother Road and Buchner Street, described as Lots 1o 2, 3, 23. 24 nnd 25, Block 8, Corbiesha~ Rap. Official Tax Nos, 1651001, 1651002, 1651003, 1651016, 1651015 and 1651014, from General Residence District to Special Residence District, herin9 previously been before Council for its first reading, read and lnid over, mas agai~ before the In this connection, Rt. Claude D. Carter, Attorney, representing the petitioner, uppeared before Council and presented a plan showing the proposed location of the housing units and parking facilities. RF. Stoller then offered the following Ordinance for its second readln9 end final adoption: (g16634) AN ORDINANCE to amend and reenact Title X¥, Chapter 4, Section of The Code of the City of Roanoke, 1956, in reletlo n to Zoning. (For full text of Ordinance, see Ordinance Book No. 28, page 396.) Rt. Stoller moved the adoption of the Ordinance. The motion was seconded by Nr. Pond nnd adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Nbeeler and Mayor Dillard ......................................... 7. NAYS: None ...........................O. PARKS AND PLAYGROUNDS: Ordinance No. 16642. authorizing the rental of four square feet of floor space in the main equipment room Of the transmitter building atop Mill Mountain to the United States Government for use by its Departmen of Agriculture. Forest Service, upon certain terms and conditions, having previously been before Council for its first reading, read and laid over. was again before the body, Mr. Stoller offering the folloning for its second reediu9 and final adoption: 322 (m16642) AN ORDINANCE authorizing the rental of four (4) square feet of floor space ia the msia equipment room of ~e transmitter building atop Mill Mountain to the United States Government for use by its Deportment of Agriculture., Forest Service, upon certain terns and conditions. (For full text of Ordinance, see Ordinnnce Rook No. 28. page 397.) Mr. Stoller moved the adoption of the Ordinance. The motion oas seconded by Mr. Pond and adopted by the follooing vote: AYES: Messrs. Garland, Jones, Poll~urd, Pood, Stollero Wheeler and Mayor Dillard ......................................... NAYS: None ...........................O. TRAFFIC: Ordinance No. 16650, unending nod reordainJng Section Chapter 1, Title XVIII of The Code of the City of Roanoke, 1956, requiring the City Manager to notify Council before removing parking meters, having prevfonsly been before Council for Its first reading, read and laid over, was again before the body, Wt. S[oller offering the fo]lowing for its second reading and final adoption: (~16650) AN ORDINANCE amending and reordaining Section 87. Chapter 1. of Title X¥III of the Code of the City of Roanoke, 1956. relating to motor vehicles and the establishment of and changes in parking meter zones. (For full text of Ordinance, see Ordinance Book No. 20, page 390,) Mr. Stoller eared the adoption of the Ordinance. The motion was seconded by Rt.'Pollard and adapted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler amd Mayor Dillard ......................................... NAYS: None ...........................O. AIRPORT: Council huvin~ directed the City ~ttorney to prepare the proper measure accepting the gift of a sign for Roanoke Wunicipal (Noodrum) Airport from Roanoke Junior Chamber of Commerce, Incorporated, he presented same; ~hereupon. Mr. Stoller offered the folloNin9 Resolution: (=16663) A RESOLUTION accepting the gift of a sign for the Roanoke Municipal Airport from Roanoke Jaycees, Inc. (For full text of Resolution, see Resolution Book No. 20. page 410.) 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, Pond, Stoller, Wheeler and Mayor Dillard ......................................... 7. NAYS= None ...........................O. TRAFFIC: Council having directed the City Attorney to prepare the prop r measure approving a modification of the dolntoun traffic signal light system et certain one-way street intersections, as the same relates to pedestrian travel, be presented same; whereupon, Mr. Jones offered the following Resolution: (#16664} A RESOLUTION approving a proposed modification of certain of the City's downtoun traffic signal light system at certain one-nay street inter- sections, as the same relates to pedestrian travel. (For full text of Resolution, see Resolution Book No. 20. page 411.) Mr. Jones moved the adoption of lhe Resolution. The motion mss seconded by Mr. Pond end adopted by the follomlng vote: AYES: Messrs. Garland. Jones. Pollard, Pond, Smaller. iheeler sad Mayor Dillard ......................................... 7. NAYS: None ...........................O, BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the Acting City Manager to fill certain vacancies, in various municipal deportments since they are of on emergency nature, he presented same; mhereupon. Mr. Smaller offered the following Resolution: (n16665) A RESOLUTION anthorizin9 the City Manager to employ certain )ersonael. (FaF full text of Resolution. see Resolution Book No. 28, page 412.) Mr. 5taller moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the folioming vote: AYES: Masaru. Garland, Jones. Pollard, Pond, Smaller. Wheeler and Mayor Dillard ................................... 7. NAYS: None ...........................O. STREETS AND ALLEYS: Council having directed the City Attorney to prepare the proper measure providin9 for certain changes in the grade of nnd improvements to a portion of Mountain Avenue, S. £.. and a portion of Orchard Bill. S. E., in the vicinity of the Community Hospital of Roanoke Valley, he presented same; #hereupon. Mr. Stoller offered the followin emergency Ordinance: (x16666) AN ORDINANCE providing for certain changes in the ~rade of and improvements to a portion of Mountain Avenue, 5. E., and a portion of Orchard Bill, S. E., at and adjacent to the'intersection of said streets; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 413.) Mr. Smaller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Pond, Stoller, Wheeler and Mayor Dillard ......................................... ?* NAYS: None ...........................O. SEMERS AND STORM DRAINS: Council having directed tie City Attorney to prepare the proper measure providing for the construction of sanitary semer mains and necessary laterals to serve portions of properties abutting on Carlisle Avenue and Gordon Avenue, S. E., upon certain terms and conditions, he presented same; mhereupon. Mr. Smaller offered the following emergency Ordinance: (~166b?) AN ORDINANCE providing for 'the construction of certain sanitary semer mains and necessary laterals to serve properties abutting upon portions of Carlisle Avenue, 5. E., and Cordon Avenue. S. E., one part of mhich is to be con- structed by the City and the other to be constructed by the abutting land owner and thereafter conveyed or dedicated to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page dlS.) 323 324 Mr. Stoller move~ the adoption of the Ordinance. The motion ~aa seconded by Mr. #heeler nad adopted by the follouing vote: AYES~ Nessrs, Garland, Jones. Pollard, Pond, Stoller, Mhqeler nnd Mayor Dillard ....................... ~ .................. ?' NAYS: None ............................O, BUDGET-LIBRARIES: Council having directed the City Attorney to prepare the proper measur~ appropriating $5,~00 in order to qualify for a matching gift from the Tompkins Estate rot the purchase of certain books and increasing the annual fees of nos-residents of the City of Ronnoke for borrowing curds at the Rosnoke Public Library and its Branch Libraries. the amount of the fee to be decided upon before final action is token, be presented same: ~hereupnn, Mr. Stoller offered the follomfng emergency Ordinance transferring $5.000 from the Contingency Fund: (=16660) AN ORDINANCE to amend and reordain Section =121, 'Libraries," and Section =166, "Contingencies," of the 1965-66 Appropriation Ordinance, and providing for an euergency. (For full text of Ordinance. see Ordinance Hook No. 28. page 416.) Mpa Stoller moved the adoption of the Ordiosnce. The motion was seconded by Mr. Wheeler and adopted by the follouing vote: AYES: Messrs. GsrlBndo Jones, Pollard, Pond, St nile r, Wheeler and Rayor Dillard ......................................... 7. NAYS: None ...........................0.' la a discussion of the non-resident borrower fee, Mr. Stoller read the following statement: "September 27, 1965. Honorable Mayor and Fello~ Members of Roanoke City Council. Roanoke. Virginia. Gentlemen: Mith reference to our adoption of $6 or more non-resident borro#er's card for the Roanoke PublicLibraries, in the interest of good public relation it mould be well to point out that there are 32,000 users of our library system. The per capita cost per resident oser is $6 and therefore me are cborgin~ non-residentS less than residents even at the new rate. In addition, the old charge nas adopted when the system had 1/3 the books and facilities it has today. Furthermore, no charge is made for the fact that the libraries represent a million dollar investment, nor for the Nilliumson Road and Raleigh Court additions, each costin9 at least $100,000, one having been paid for last year, and one this. While I do not think ue have to apologize for charglnq fair services fees. the public relstiats aspect is always worth considering. Sincerely, S/ Murray A. Stoller Murray A. Stoller." 325 Mr, William L, Mhltesldeao Director of the Roanoke Public Library, ~resented · Resolution adopted by the Roanoke Public Library Board, endorsing Increase la the non-resident fee to et least $5.00 for an adult card and $2.50 for Juvenile card. After · discussion of the matter, Council bein~ of the opinion that the fee for an adult should be $6.00, that the fee for a Juvenile in or n~ove the eight grade should also be $6,00 and that the fee for a Juvenile below the eighth grade skould be $3~00. Mr. Stellar offered the follouieg emergency O~dinance: (~16669) AN ORDINANCE amending and reordaining Section 10 of Chapter 2, Title VIII. of the Code of the City of Roanoke, 1g$6. relotin9 to entitlement to bottoming cards at the City's Public Library and Drench Libraries: and providing for an esergency. (For full text,of Ordinance, see Ordinance Hook No. 20, page 417.) Mr. Stoller moved the adoption of the Ordinance. The. motion mas seconded by Mr. Wheeler and adopted by tbs following vote: AYES: Messrs,* Garland, Jones~ Pollard, Pond, Stoller, Wheeler and Mayor Dillard ......................................... ?* NAYS: None ...........................O. MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS: Mr, M, Courtney King. Sr,, Attornej, representing Carter and Jones Dry Cleaning ann uyeing, Incorporo.ted, appeared before Council, advising teat Els client is constructing a new plant et 4026 M~lrose Avenue, N, that since .tbs plant is located On the south side Of Melrose Avenue it mill be inconvenient for Best bound traffic to reach said plant, and requested that a crossover be p~rmitted in tbs median strip opposite the property Of his client at its expense. Mr, Stoller moved that the request he referred to the Acting City Manage for preparation of a plan and to submit a cost estimate to Council. The motion mas seconded by Mr, Wheeler and unanimously adopted,. SEWERS AND STORM DRAINS-MATER DEPARTMENT: Council hating agreed to act as a committee of the whole and.to attempt to arrange a meeting with interested parties for~e~imrpose of negotiating mater and sewer rates recommended by committee composed of Messrs. Murray A. Stoller, Chairman, Rdhert A. Garland and James E. Jones, Mr, Stoller read the following statement: "September 27, 1965, Honorable Mayor and Fellow Members of Roanoke City Council, Roanoke, Virginia, Gentlemen: Acting as a Committee Of the Whole, Me have nam done all that can reasonably Ee done preparatory to instituting new rates for our non-resident Mater users. 326 It is lnportnut to maintain our October l.dendlioe, in my opinion, The City Attorney is therefore being requested to prepare the necessary ordiusxce amendments to proaide that mater raten for our non-resident users effective October i965, be ss follons: 1.For the Toun of Vinton $289.11 per million gallons, until July 1, 19b?. For the Ronnohe Electric Steel Company $3?3.83 3. For the General Electric Conpnny $373.03 lu the event that standby service only is rendered General Electric, there aboald be charged them the normal charges pins one-tenth of the cost of extending muter lines to General Electric (thus amortizing the cost of the mater lines in ten equal annual installments of $5,711.49 each.) 4.Hollias College $373.fl8 p.m.g. · S.Other users 100~ surcharge on regular rates. For the proper development of our urea, we should nou sit dorm with the governing bodies of the County end Salem to adjust the seance treatment ~ontrncts. It is axiomatic that an area develops only' ns fur as its sener and unter lines extend. There ore now numerous areas in process of development but lacking proper semnge treatment and muter facilities. They may utah tO petition for annexation to the City. Certainly their neighbors should not be terrorized by threatened sewer lagoons. It would be intolerable for the proper econemic derelopment of our area to continue to be halted because of stubbornness on the part of governing bodies mbo are elected to lead, not stifle. Sincerely. S! Murray A. Statler Hurray A. Stoller" After a discussion of the matter, ar.. Stoller offered the foilowia9 emergency Ordinance increasing the water rates: (~16670) AN ORDINANCE emendin9 and reordaining subsection (F) of Rule 3~ in Section 5. Chapter 1, Title XII. of the Code of the City of Roanoke, 1956, relatin9 to the schedule of rates for the City's sale and suppl7 Of surplus water to certain consumers thereof residing or located without the City limits; and providing for an emergency. (For full text of Ordinance, see OFdinnnce Book NO. 29, page..410.) Hr. Stoller moved the adoption of the Ordinance. The motion mas seconded by Hr. Garland and adopted by the following vote: AYES: Yessrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and ~syor Dillard---~ ...................................... 7. NAYS= None ............................O. ~r. Stoller then offered the folloning emergency Ordinance fixing o new water rate for surplus water furnished by the City of Roanoke to other incorporated municipalities: (zlbbTl) AN ORDINANCE amending end reordaining subsection (B) of Rule 39, Section 5, Chapter 1. Title XII, of the Code of the City of Roanohe. 1956, relating to the rates and charges for surplus water furnished t~ other incorporated municipalities by fixing a hem rate therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 419.) #r. Skoller moved the adoption of the Ordinance. The motion mos seconded by Mr. Garland end adopted by the rollouJug vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stoller, Wheeler nod Mayor Dillard ........................................?. NAYS: None ...........................O, AIRPORT: Mr. Mheeler pointed out tbnt Piedmont AvletJon, Incorporated. ha made application to the Civil Aeronnutics Uonrdfor OD amendeent to its certificate of public convenience and necessity for Route 87 so ns to authorize scheduled ere transportation betmeen Roanoke. VlrRinia. and Nem York. Nem York, end offered the following Resolution authorizing ned directing the City Attorney to mohe application on behalf of the City of Roanoke to intervene in the pending case in support of the application: (=16&72) A RESOLUTION ~pproving the application'of PiedmOnt Aviation. loc., to the Civil Aeronautics floard, in Docket 16455, for amendment to its certificate of Public convenience'and necessity for Route 87 so as to authorize ach,doled air transportation between Roaoohe, Va. and Nee York. N. y. -- Newark. N. J. and certain intermediate points; authorizing'nod directing that the City Of Ronooke make application to the Civil Aeronautics Board to intervene in said pendin! case; and authorizinR the employment Of consultant and legal services in support Of said City*s intervention. (For full text Of Resolution, see ~e$olution Book NO. 20° page 419.) Mr. Wheeler moved th~ adoption of the Resolution. The motion mos Seconded by Mr. Stoller and adopted by the fsllowing vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller% Wheeler and Mayor Dillard ..... ~ .............................. ~ .... 7. NAYS: None ...........................O. On motion of Mr. Jones, seconded by Mr. Curlnn~ and unanimously adopted. the meeting wes adjourned. ATTEST: City Clerk APPROVED Mayor 327 328 COUNCIL, gEGOLAR MEETING, Moodcy, October 4, 1965. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Municipal auilding, Monday, October 4, 1965, at 7:30 p,m., uith Mayor Dillard presiding. FRESRNT: Councilmen Robert A. Garland, James E. Jones, Roy R. mr,, Clarence E. Fend, Durray A. St*Il*r, Vincent S. #heeler and Mayor Denton O. Dillard .................................... 7. EATS: None ...................... O. OFFICERS pRESENT: Mr. J. Robert Thomas, Acting City Manager and City Auditor, and Mr, James N. Klncanon, City Attorney. INVOCATION: The meeting mis opened mlth a prayer by the Reverend Jimmy Do Eduards, Pastor, Emunnlel Baptist Church. MINUTES: Copy of the minutes of the regular meeting held On Monday, August 23, 1965, hiving been furnished each member of Council, on motion Of Mr. St*lief, seconded by Mr. Pond and unanimously adopted, the reading thereof mas dispensed alta and the minutes.approred us recorded. HEARING OF CITIZENS UPON I~BLIC MATTERS: ZONING: Council hiving previously set a public hearing for 7:30 p.m., Dondcy, October 4, 1965, on the request of Richard R. Bimlett Construction Company, Incorporated, that that portion of a 6.9-acre tract of land northmeat of Franklin Road, S. N., bordered by the city limits on the southmost and property of the City of Roanoke on the northwest, designated as Official Tax NO. 1290101, be fez*ned from General Residence District to Special Residence District, the matter Mis before the body. In this connection, the foil*ming communication from the City Planning *August 19, 1965 The Honorable Benton O. Dillard, Mayor and Members of City Council City.of Roanoke, Virginia At its regolar meeting of August 18, 1965 the Planning Commission meat project containing approximately 58 units. After investigation of all pertinent factors of land use planning, the Planning Commission concluded that the proposed of* of the land for apartment structures is feasible and appropriate, and in keeping math a development pattern evident in adjacent areas. de~cribed land area be fez*ned from General Residence to Special Residence District. 329 The proposal for rezoalng uae Bade on tke basis or coepatible and appropriate laud use and does act cass*irate a recoueeadatioa rot the expenditure of public reads ia order to provide public utilities, suck as ua*er, ueeeruge nad streets, uhich *key ore needed for the realization of the project, Sincerely yours. · - $/ Wetter M. Sensbach for Henry H. Hoynton. Rt. Claude D. Carter, Attorney, representing the petitioner, appeared before Caen;il in support of the request of his cliest and displayed plan~ for the apartment project. Mr. Charles L~ Legg and Hr. Ronald B. Harris appeared before Council in opposition to the proposed reaching, protest~ng that the apartments uill increase the existing traffic congestion at the entrance to Edgehill,' Mr. Milline F. Clark, City E~gJneer, discussed the question of sewer facilities for the project, recommending against hooking onto th~ existing sewer in Franklin Road because it is already overtaxed. After a further discussion of the matter, Ur. Garland and Ur. Pond Indicating a millJngness to vote for an Ordinance rezonlng the property on its first reading until the Acting City Reneger can ascertain whether or not a un*nelly satisfactory solution to the problem of sewer facilities can be worked out with the petitioner, and Hr. Stellar protesting that the property should not be reaoned uhen it is obvious that the sewer facilities cannot be furnished, Mr. Jones moved that Council concur in the recommendation of tee City' Planning Ccmmissio~ and that the following O~d~nance be pIaced upon its first reading: (~16673) AN ORDINANCE to amend and reenact Title X¥, Chapter 4. Section 1, of The Code of the City of Roanoke. 1956, tn relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke. to hare a 6.9-acre tract of land northwest of Franklin Mood, S. W.. bordered by the Roanoke C~ty Corporate line on the southwest, being Official Tax No. 12gOlOl, rezoned from General Residence District to Special Residence District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be reached from General Residence District to Special Residence District; and WHEREAS, notice required by Title X¥, Chapter 4, Section 43, ~f 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 W~EREAS. the hearing as provided ~or In said notice was held on the 4th day of October, 1965. at ?:30 p.m., before the Council of t~e City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be beard both for and against the proposed rezontng; and 33O WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described laud should be reuoaed. TRSREFORE, BE IT ORDAINED by the Council of the Cl~y of Roanoke that Title mY, Chapter 4,.Section l, of The Code of the City of Roanoke, 1956, relating to Zoning, be amended and reenacted in the follouiug particular tad no other, vim.= Property located approximately 970 feet northuest of Franklin Road, S. bordered b; the Roanoke City Corporate line on the southmost, described as a 6.9- acre tract, designated os Sheet 129 of the Zoning Map as OffiCial Tam NO, 1290101, 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 ir. Mheele~ and adopted'by the folioming vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Hheeler and Mayor Dillard ................. ~ ................... 6, NAYS: Hr. Stiller ................ Ir. Jones then moved that the complaint of residents of the Edgehill Section that the proposed rezonin9 ~ill lucre:se the existing traffic congestion at the entrance to Edgehill be referred to the Acting City #sncger for study and report to Council and that the mutter of sewer facilities also be referred to the Acting City Manager for the purpose of m irking out a mutually satisfactory solution to the problem mitb the petitioner and to report bach to Council uith aa estimate of the cost of solving the problem. The motion was seconded by H~. Hheeler and adopted, Rt. Stoiler rating no. AIRPORT: Council having set n public hearing for T:30 p,m., Honday, October 4, 1965. on the Joint recommendation of the Airport Committee and the Special Committee on Hangars and Rotes with regard to an increase in the rate structure at Roanoke Municipal (Woodrum) Airport, the matter ~as before the body. In this connection, a delegation of fixed base operators at Roanoke Hunicipal (Hoodrum) A~rport appeared before Council, with Mr. Edward S. Marshall acting as spokesman, and requested that the body defer any action on the matter until the tenants at the Airport can meet uith the joint committee with u view of reaching a more equitable rate increase and submitting a revised recommendation to Council. Mr. Jones moved that the proposed increases in the rate structure at Roanoke Municipal (Woodrum) Airport be referred back to the joint committee for the purpose of meeting with interested parties affected by the proposed increases mitb a view Of #orkiug Out a mutually satisfactory rate structure and to report back to Conn¢tl with its recommendatJono The motion was seconded by Mr. Pond and unanimously adopted. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board, requesting a transfer of $350 from Personal Services to Transportation of Pupils under Section #25000, "Schools - Project Headstart," of the 1965-66 budget, sas before Council. 33~. Mr. Stellar moved that Council concur ia the request nnd offered the folloeing emergency Ordinance: (e16674) AN ORDINANCE to emend nad reordcin Section m2S000, ~Schoolo Project Heodstcrt,# of the 1965-66 Appropriation Ordinance, end providing for nn emergency. (For full text or Ordinance, see Ordinance Hook NO. 20, page 422,) Mr. Stellar moved the adoption of the Ordinance. The motion mas seconded by Mr. Pollard and adopted by the folloufng rote: AYES: Messrs. Garland. Jones, Pollard, Pond, Sloller. Mbeeler end Mayor Dillard ................................. 7. NAYS: None .........................O, REPORTS OF OFFICERS: STREET LIGHTS: The Acting City Manager submitted n urltten report, recomnendin9 that five street lights be. installed at various locations in Mill Mountain Estates. Mr. Stellar moved that Council concur in the recommendation of the Acting City Manager and offered the follouing Resolution: (~16675) A RESOLUTION nuthorizin9 the installation of street lights nt various locations in the City of Roanoke. (For full text of Resolution, see Hesolution Hook No. 20. page 423.) Mr. Stellar eared the adoption of t~e Resolution. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. Stellar. Wheeler and Mayor Dillard ................................. NAYS: None .........................O. BUDGET-LIBRARIES: The Acting City Manager submitted o writte.n report, recommending that $730 be appropriated to replace the guide shoes on the passenger elevator in the Roanoke Public Library. Mr. Smeller moved that Conncil concur in the recommendation of the Acting City Ronnger and offered the follosing emergency Ordinance: (~16676) AN ORDINANCE to amend and reordnln Section ~S8. 'Maintenance of City Property." and Section ~166. "Contingencies.' of the 1965-66 Appropriation Ordinance, and providin9 for nn emergency. (For full text of Ordinance, see Ordinance Rook No. 26, page 423,) Mr. Stellar moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland. Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ................................. 7. NAYS: None .........................O. BUDGET-TRAFFIC: The Actin9 City Manager submitted o written report, advising that an extreme traffic hazard bas been created at the intersection of Brandon Avenue and Edgewood Street, S. W., with the opening of Edgewood Street '332 Extension, and verbally recoeweoded that $11,000 be ap~roprinted for the Installation or traffic signals at the intersection. Mr. Stgller waved that Council concur fw the recommendation of the Acting City Manager und offered the following emergency Ordinance trnusrerring $11,000 rrna the CoalJagency Fund: (w166T?) AH ORDINANCE to amend and reorduiu S~ctien z166, "Contingencies,! end Section ZlTO, "Capital," of the 1965-66 Appropriation Ordinance. nnd providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page.424.) Mr. Stoller moved the adoption of the Ordinance. The wotlon was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Rheeler and #ayor Dillard .............................. NAYS: None ...................... O. BUDGET-RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: Council having previously authorized the City Manager to proceed with improvements to the shelter house at Thrasher Park in the amount of $3,000 rather than waiting until January 1, 1966. as required fa the 1965-66 budget, the Acting City Manager submitted a written report, advising that in view of the plans and specifications prepared by the Department of Public Works it Is estimated that the cost of the project will be approximately $4.900. In this connection. Mr. H. y. Robinson, President of the Mlld~ood Civic League, presented a cost estimate submitted bi Mr. J. C. Oliver in the amount of $1,838.78 and voiced the opinion that the improvements covered by the cost estimate are all that are needed. Mr. William F. Clark. City Engineer. explained that the Thrasher Park Shelter will have to be maintained by the city and that he feels the plans and specifications prepared by the Deportment of .Public Works ere necessary if the city is to provide a year-round faciliti. Rt. Stoller moved that the Acting City Rsnsger be authorized and directed to advertise for bids on the project in accordance with the plans and specifications of the city? The uotioq was seconded by Mr. Pollurd and unnnimously adopted. BUDGET-PAY pLAN: The Acting City Rsnuger submitted the following report, recommending that he be authorized to fill certain vuconcies in various municipal departments since they are of sa emergency nature: "Roanoke, ¥irginin October 4, 1965 To the City Council Roanoke, Virginia Gentlemen: I hereby request authority to ftll the following vacancies in the City Force, all of which are needed: '333 Street Repair - 5 Street Creu Helpers, Group 9 Seoer Maintenance - I Street .Creu Helper, Group 9 Gnrnge -' i Anleuobile Jecbnnioo Group 4 I Service Assistant, Group 6 Juvenile Detention Hooe - Recrestioeal Snpervisor, Group 12 Respectfully submitted, $/ J. Sobert Thomas Acting City Manager' Mr, Cruller moved that Council concur in the recommendations of the Acting City Manager end that the matter be referred to the City Attorney for preparation of the proper measure. The motion Mss seconded by Mr. Pollard and unenluously adopted. STREETS AND ALLEYS-SIDEWALK. CURB AND CUTTER-~RAFFIC: The Acting City meander submitted the following report 'with regard tO an offer of the K-Mart Store at Twenty-fourth Street end Melrose Avenue, N. #., to donate to the City of Roanoke approximately one-third acre Of land in exchange for street improve- ments and a traffic signal: "Roanoke. Virginia October 4, 1965 To the City Council Roanoke, Virginia Gentlemen: Formarded hereuith is a communication from the City Engineer, approved by the Director of Public Worts. advising that the owners Of K-Mart Store at 24th Street and Melrose Avenue, N. W., have offered to donate to the City approximately one-third acre of land around their property for street widening purposes, provided.that the City will construct the necessary street improvements, includ- ing curb and sidewalk, alon9 their property uhen it midens said streets end mill. at the present time. change the traffic signal et Melrose Avenue end Lafayette Boulevard to n four-way installa- tion to sccomodete the major entrance to their property. The necessary signal equipment is on hand to convert the trofflc light and no appropriation of funds IS necessary at this time. Since the arterial htghuoy plan calls for a four-lane divided highway improvement adjacent to these properties within the next five years, it is recommended that this offer be accepted. If you agree, I recommend that you refer this matter to the City S/ J. Robert Thomas unanimously adopted. · 334 AIRPORT: The Attila City Manager submitted the foil,alia re port ufth regard to a c,mater-offer or Nra. Morgurette T. S·yder to sell to the City of Roanoke · ,.61-acre parcel of load:located north of State Route No, 117 Ia Roanoke County, Virginal, needed tO provide un unobstructed clear ·one for the north-south rsnmoy at Roanoke Municipal (M,,drum) Airport, for the sum of $19,725, plus the right to remove the duelling house located on said laud Bt the expense of the ouner: 'Roanoke, Virginia October 4. 1965 To the City Council Roanoke, Virginia Ordinance No. 16165, ed,pied December 14. 1964, ~uthorized acquisition of u parcel of load containing .61 acres and · house lbereoo omned by #rs. #orgorette T. Snyder for the north clear zone, Airport Project No. 15 st · price of $19.725. Negotiations mJth the property omner bare failed to acquire the property at that cost; h,meyer, t~e property omner has nam made a counteroffer to transfer the property to the City for · soo of $19,725, Cash. and reserve the right to remove the house therefrom. The estimated value of the house on the property, consider- lng the necessity for Fen,vol of it from said property, is It is our belief that this offer should be accepted in order to more this project along and avoid the necessity of condemnation. It is, therefore, recommended that you adopt an ordinance, authorizing acquisition of this property under the terms offered by the o~ner thereof. Respectfully submitted, S/ J. Robert Thomas Acting City Manager" Mr. Stoller moved that Council concur in the recommendation Of the Acting City Manager and offered the folloming Resolution: (mlbG?R) A RESOLUTION relating to the City*s acquisition of certain land in Roanoke County, omned by Mrs. Rargarette T. Snyder. heretofore authorized to be acquired by Ordinance NO. 16165 for municipal airport purposes. (For foil text of Resolution, see Resolution Book No. 28, p~ge 425°) Mr. Stoller moved the adoption of the Resolution._ The motion mss seconded by Mr. Mheeler nnd adopted by the following vote: Mayor Dillard ............................... NAYS: None .......................O. BUDGET-PAY PLAN-JUVENILE AND DOMESTIC RELATIONS COURT: Council bay b9 referred to the Personnel Board for study, report and recommendation tie question of deleting one Deputy Clerk, Group 15, and the creation of a second Chief Deputy Clerk, Group 13, In the Juvenile and Domestic Relations Court budget, the Acting City Manager submitted a mritten report, transmitting a ~ommunication from the Personnel Board, advising that the Personnel Board decided not to create the 335 additional Job of Chief Deputy Clerk since it la of the opinion that the matter should be handled by the deportmentl In eit'he'r denoting or replacing the employee presently ua,bin to assume the dull'es of' Chi'er ~epot'y Clerk. Hr. Garland moved that C~uncil concur in the report of the Personnel REPOTS OF COMMITTEES: PARKS AND PLAYGROSNDS-GARBAGE REMOVAL: Mr. Clarence E. Pond, Chairman Of the Special Incinerator Committee submitted the following Progress Report No. 3 on the Roanoke City Incinerator: Since the last Progress Report, Ko. 2, dated June 21, 1965, #r. J. S. Franklin of Eubank, Caldwell au'd Associates, end the Special Committee have been very busy studying the incinerator problems and arranging for engineering mark, preparing drawings and specifications that mould improve the day-to=day operation of the incinerator at the least cost to the City. This has necessitated correspondence and conferences uith Greeley and Hansefl, Pyro Incinerator and Supply Company, Harnischfeger Corporation, Industrial Reels Incorporated, Boiler Brick and Refractor Company, etc.. Conferences have been held mlth the City staff, such as Director of Public Barks, Superintendent of Sanitation Department, and Foreman of the Incinerato to keep them advised of developments and to solicit their suggestions. Ail of these efforts hare been directed tomard securing the necessary materials and equipment at one time so that the incinerator would be closed down only once to make the modifications required and return the incinerator to service as quickly as possible. One farther problem has been the East Gate Landfill. As you know, an attempt wan made to secure the property south of the landfill to be used as cover material. It was thought that this property could be secured under the Open Space Program (50~ of cost by Federal Funds) and arranging for this has delayed completing this transaction. RE-ELECTRIFICATION OF HOIST Of all the equipment secured mhen the incinerator mas remodeled lA 1964, the mooora~ hoist has been the least dependable and hardest to malatafo. This is caused by the multiplicity of the conductors and sliding contact shoes and the fact that the crane tends to rock as it moves alan9 the monorail I beam. To minimize this difficulty, outriggers have been applied to the crane to reduce the rocking tendency, See Figure 1. After studying various recommendations it mas decided to install two motor- driven reels located above the crane on the roof at approximately mid-way of the cranets travel. The crane has been tested to prove that the drag of the power reels on the crane would not interfere with its operation. Since the motor-driven reels have ,an extended delivery date (10 to 12 weeks) these items were sent out for Competitive bids September 23, 1965. These bids will be received and opened at our next Council meeting, October llth. Power-driven reels as specified are used extensively in iud.atrial application such as coal piers, loading docks, and similar types of machinery. ~NGE IN CROSS-SECTION OF GARBAGE pit Another condition that has been troublesome math the remodeled incinerator has been that the monorail crane is so located that it is impossible for the grab bucket to cover the entire pit area, and this results in the garbage sticking to the north wall and has to be cut damn by manpower. See Figure 2. The reason the garbage pit constructed iu this manner was to permit the storing of approximately SOO tons Of garbage in,a minimum length pit and to allom the hoist to operate at the same tim~ trucks were unloading refuse. In .order to reduce the amount of dead space in the garbage pit and to p~rmit the crane bucket to reach the,fall width of the pit at the bottom, a concrete wedge recommended for the north wall. Bids were received for this coostruction on July 19. 1965 and this wqrk was given to the lam bidder, Days Construction Company, amount $6,400.00. This money has been appropriated but Days Construction Company hue been asked to delay this work until the incinerator is shut down for the complete modifications. FURNACE MODIFIC~TIOA~ AND FLY AS~ REMOVAL E~OIpME~T At Council meeting held June 21. 1965, under 0rdtoaoce Number 16481, a change order X-1 mos issued to Pyro Incinerator and Supply Corporation to cover the followl~ equipment:  . Dumper Controls .......... $ 1,780 including wiring · Recording Pyrometers ....... 4,040 including wiring 3. Orerflre Air Fens .,. · · ..... 6,540 including iustullotious 4, Observation Openings ...... . TOT&L ............... Tkl's change order uss Issued with the understanding that the work would be accomplished at the same time the other wodiricetions ore to be made. ~t the sane tlme, a change order X-2 was issued under Ordinance 16462 to Dsruischfeger Corporation for spare ports rot the hoist, amount $2,?25°30 F. O. 0. #iluaukee, Wisconsin. These spare parts are on order at Hurnischfeger and un early delivery is anticipated, The change orders listed above mere recommended by Greeley and Hanson, Pyro updated their proposal dated June 3, 1965 for installing a mater spray system in conjunction math the incinerator furnaces to remove fly ash, amount $52,950.00, and this mas submitted to Council on June 21, 1965. Au Ordinance Number 16403 was issued covering this mark on change order X-3. In order to conserve time and reduce the fly ash complaints, this matter was submitt,ed to Council before it was approved by Greeley and HanseQ. Pyro*s proposal mas not accepted by Greeley, and aansen, and in lieu thereof, they .recommended that we follom the design as Indicated la their report dated February 1965. After several conferences mith Greeley and Hansen a design more suitable to our lncinerato] was selected as shown in Figure 3. An extension to each of the furnaces is recommended with u wet uall fly ash baffle incorporated in each of the furnace extensions. This baffle is constructed of fire brick arranged in staggered rows and flooded with water so that the fly a~h entrained ia the furnace gases will be mashed damn when the gases hit the wet walls of the baffle. The wash water will be collected in a sump at bottom of the spray chambers and flou through a 6# pipe located under the floor of gas passageway of the stack to a large re-circulating tank located between the two furnaces belom the stoking floor as shomn in Figure 4. This tank bas a capacity of approximately 5,5U0 gallons of water aa5 i~ arranged for re-circulation of the water through the system. A 'continuous drag chain has been provided in the bottom of the tank to remove the wet fly ash. The discharge for the drag chain is through the south wall of the incinerator shown in Figure 5. Change order X-3 issued to Pyro, amount $52,950.O0, has been held up pending receipt of Greeley and Hansen's recommended design of fly ash removal arrangement. Plans and specifications were sent Pyro September 24, 1965 of the revised fly ash removal arrangement with a request to resubmit a bid. OPERATION OF INCI~R~TOR In Progress Report No. 2, dated June 21, 19650 it mas recommended that the operation of the incinerator be placed under aa Incinerator Foreman mbo would supervise the total operation. The line of authority mould be through the Dlrector of Public Worhs to the Superintendent of Refuse Collection and Disposal Department to the Foreman of the incinerator. This has been accomplished and the position of Incinerator Foreman was created August 16, 1965 by appointing L. W. Booze to that position. It wes understood that Mr. Gauze will supervise all three shifts in u general way and be responsible for the total operation. We are considering having Greeley and Hanson prepare a list of simplified operating instructions which they agree is most desirable. MAINTENANCE OF INCI~RATOR At the present time, the maintenance of the City*s incinerator Is accomplished by L. G. Harvey, Superintendent of Property Maintenance. In the past, 5uperJntenden Harvey has been working at a disadvantage in that no adequate supply of repair parts for critical items of incinerator were hept on hand and he mas not briefed on correct maintenance procedures recommended by the builders of the equipment. Wit~ improved communications from Director of Public Worhs, Superintendent Refuse Collection and Disposal Department, and the creation of Incinerator Foreman and with the ordering of some items of spare parts as required, the loss ia efficiency ~ue to lack of proper maintenance should be minimized. We recommend further that me purchase and place at the incinerator an adequate set of hand tools so that the Incinerator Foreman can make minor repairs as necessary. This would reduce domn time and maintenance cost. LANDFILL As you are aware, the available space for garbage dumping ia the City*s Kant Gate Landfill is limited aid the earth cover required ia operations of this hind is in short supply. This matter mas handled at the June 21, i965 meeting of Council uud the City Ms~Se~ uus instructed to appraise the property lyiug on the south side of the landfill end on the north side of North Avenue (13 houses), secure options from the owners so that the land could beacquired prolptly. Forty thousand Dollars ($40,000.00) wus included i'm the 1965-66 budget to acquire this property. City Manager Owens qeveloped abut qcqulriug of this property could be done under the Open Space Program rev Federal Housing und Home Finance Agencies, the Federal Go~erument contributing 50~ of the funds for purchasing this land., At the present time, this matter 'is being handled by the Director of Public Works nad,it i~ thought that federul 'funds will be available shqrtly for colpleting this transaction. COST OF PROJECT As of June 1, 1965, Mr. J. Robert Thomas, City Auditor, was requested to furnish a breakdomn of the amount of money paid for land, equipment, etc., for construction of incinerator and to the ,various contractors and the amount retained ~nder the original authorization. These were as follows: Amount Retained Total Pa~d Land' $ ~10,875.00 Engineering, Alvord, Burdick and Dowson 325.00 Structoral Steel Company , ) Direct expenditures 2,900.00 Mcllhany Equipment Company) by City for changes 42.97 Reliance Equipment Company ) in improvements 37.63 Miscellaneous 40922.7T COI~FRACTS Eubank, Caldwell ~ Associates 61.32 S. L. Lionberget Pyro Incinerator Company 500.00 Harnischfeger Corporation 3,567.90 Greeley and Haflsen 2.601.22 $ 6,750.44 19,107.35 121,619.69 162,154.00 35,879.00 3.39n.78 361,542.39 Under date of September 27, 1965, Mr. Thomas was requested to update these finites giving the balance on band June 30, 1965, the amount appropriated in the 1965-66 budget and appropriations for August 1965. These ave as follows: · CON~RACFS ENCU#BERE~ APPROPRIATION Balance June 30, 1965 $ $ $ 20,111.~3 1965-66 Budget 78,000.00 Appropriation August 2.468.03 $108,579.66 CONTRACTS Pyro Incinerator 6 Supply Balance March 31, 1965 500.00 Change Order No. Xl and HO. 16481 13,460.00 Change Order No. X3 and No. 16483 52.950.00 Harnlschfeger Corporation Balance June 30, 1965 6,313.20 6,201.22 Greeley and Ransen, Engrs. Balance June 30, 1965 66,910.00 66.910,00 $ 41,669.66 6,313.20 . 6.313.20 $ 35,356.46 6,201.22 6.201.22 $ 29,155.24 PAID 3,533.11 3.533,1'1 2,460~0: $ 25,622.13 £ubank, Caldwell Balance Juoe 30, 1965 1,065.08 August 1965 2,468.03 337 -338' CONFBACTS KNCBMRERED Times World Corporation July 1965 $ . 14.OO $ 14.00 Days Constriction Company Contract 6.400.00 6.40o.00 $69,371.53 APPROPRIATION $ ld. O0 $ 351608,.13 6.400.0~ 14,00 Of the $1~8,579.66 allocated for use during 1965-66 only $19,20B.13 remains. However, $52,950.66 for installation of the fly ash separator plus $19,208.13, or $72,158.79 is available. As soon as me receive revised bids on the re-eleotrlficati of the hoist, installation of the fly ash separator, and secure information on the City*s cost of landfill property, this matter mill again be brought to Council. TIMETABLE FOR COMPLETIOH Due to circumstances beyond our control, as specified in the foregoing report, we bane been unable to schedule the exact date the incinerator mill be taken out of service. Under the most favorable delirerfes of necessary Items, such ns motors, fans, controls, steel products, reels, etc., it is estimated that 3 additional months will be required to secure all tho necessary materials. It in now forecast that the incinerator mill be taken out of service approximately January 1, 1q66 for modification, uhlch is estimated to require approximately 6 weeks. SI C~ E, pvnd C. E. Pond, Chairman SI Vlnceqt St RheeJ~r Vincent Wheeler, Councilman S/ J. Robert Thomas Acting City Manager I. Jones Keller, Air Pollution Engineer J. H. Hahn , L. ~. Noe~l, Pres., Southeast Civic League In this connection, Mr. J. Stuart Franklin, representing Embank, Calduell and Associates, displayed charts showing the proposed modifications to the City Hr. Pond moved that the progress report be approved and that the Special unanimously adopted. AIRPORT: The committee appointed to tabulate bids received for operation of the parking lot at Roanoke Municipal (Ho*drum) Airport submitted the foil*ming "October 1, 1965 The Honorable Council of the City of Roanoke, Yirginla Your undersigned committee has tabulated the bids 'received for operation of the automobile parking facility at Roanoke Municipal Airport for a period of three years, and, math the assistance of Airport Manager Marshall L. Harris, made a thorough analysis of the operations at Municipal Airport in order to develop a projection of revenue for the period covered by the bids. Based upon our analysis, me believe that the increase in rates provided under the new contract will produce a base gross revenue per annum for the first year of the contract of and that a 13~ increase in business might be expected which would produce a gross revenue of $45,000 for the next year. ,Ne did lot project the annual increase beyond the first year is an atteBpt to be conservative is our projection, Using the gross revenue of $45,000 per,year, the bids as shouu om the attached tabulation mould produce from Airport Parking Compsuy'of America $720000; from Allright Virginia Psrhlng Company $65,590,82; and from O. Stanley Smith, Jr** trading ss Carolina ParRing System, $7?,250 over the three-year period of the contract, Me therefore recommend that you ausrd the contract to O. Stanley Smith, Jr** trading as CaroleRs Parhing System, and reject the othertuo bids. Respectfully submitted, S/ Roy R. Pollard, Sr. Roy R. Pollard, Sr., Chairman · S/ J. Robert,Thomas J. Robert Thomas S/ n. B. Thompson Bneford B. Thompsonw In this connection, Mr. Ernest M. Ballon, Attorney, representing the Carolina Parking System, appeared before Council in support of the bid of his client. Hr. Richard F. Pence, Attorney, representing the Airport Parking Company of America, appeared before Council in support of the bid of his client, Hr. Pence contending tha~ the bid of the Carolina Parking System is not realistic, that it is based on an erroneous and impossible revenue and that the proposal of the Airport Psrkin9 Company of America offers the best guaranty to the city over a long-range period. After a lengthy discussion of the matter, Hr. Pollard moved that Council concur in the r~comme~dation of the committee and that the matter be referred to the City Attorney for preparation of the proper measure accepting the proposal of the Carolina Parking System. The motion was seconded by Mr. Wheeler and nnanimousl adopted. UNFINISHED BUSINESS: BUDGET: Council having deferred action on a request of the City Manager that the prorision 1~ the 1965-66 budget that no funds shall be expended for capital improvements or the purchase of equipment until January 1, 1966, be clarified with regard to the purchase of minor equipment, the matter was again before the body. The City Auditor advising that he does not see how the minor equipment can be purchased on the ~asis of present revenue, and suggesting that action on the request of the City Manager be deferred until a clearer picture of the financial position of the city is reached, Mr. Stoller moved that the present policy be continned for the time being. The motion mas seconded by Mr. Pollard and unanimousl adopted. CONSIDERATION OF CLA'IM$: NON~o INTRODUCTION AND CONSIDERATION OF ORDINANCE5 AND RESOLUTIONS: AIRPORT: Ordinance No. 16652, providing for the lease of approximately 43 acres of land in the clear zone for the northeast-southwest runway at Roanoke 339 ~340 Nnnlclpal (Wa*drum) Airport to Arrom Wood Country Club, lncorpornted, for u term or thirty ye~n commen¢ll~ a~ of November I~, 1965, for au annual rental of $1,000, having prevlgusly been before Couocil for Its first readfegt,rend cad laid over, men agile before the body. In this connection, Ur. Walter O. Colemnn appeared before Council and Club, Incorporated, is city property will the golf course to be operated thereon Hr. St*lief,voiced the opinion that this Js a matter of administration by Arrom Wood Country Cleb, Incorporated, and not a function of Council once the land is leased. Mr. Wheeler moved that the Ordinance be amended by deletion of the foil*ming WOrdS: and mill, further, fully comply mith and conform to Federal Aviation Agency's Technical Standard Order H-Ia and Part 626 of the Regalatiocs of the Administrator of the Federal Aviation Agency, as the same may, from time to time, be amended. The motion nas seconded by Hr. Pollard and unanimously adopted. Xn this connection, the City Attorney submitted the foil*ming communicatlc suggesting a further aoendment to the Ordinance: 'October 1, 1965 Honorable Vincent S. Rheeler Vice Mayor Roanoke, Virginia I am advised that.FAA's approval of our lease of the proposed clear zone area to Arrom Need Country Club, Inc., is contingent, among other things, on the City's applying the rental received therefrom to other municipal airport purposes betmeen the City and FAA are Jn effect. Accordingly, I would suggest that prior to the passage of the pending ordinance authorizing said leaset it be amended by adding the following additional provision to the ordinance nam before Council. BE IT FURTHER ORDAX~ED that the annual net rental received by the City pursuant to the aforesaid lease be expended, annually, for other purposes of said Roanoke Municipal Airport so long as the City be so required by the terms of the Grant Agreement above- This can easily be accomplished by your moving to amend the final passage. Respectfully, SI J. N. Kineanon City AttorneyN Mr. #heeler moved that the Ordinance be amended by adding the following paragraph: BE IT FURTHER ORDAIIqED that the annual net rental received by the City pursuant to the aforesaid lease be expended, annually, for other purposes of said Roanoke Hunlcipal Airport so long ns the Clt'y be so required by the terms of the Grant Agreement ab*,,mentioned. The motion was seconded by Mr. Pollard and unani- mously adopted. Mr. Mheele~ the· offered ~he follo~iug Ordinance, ns amended, for its aec*ad reading and final ·d,pti*a: (z16652) AN ORDINANCE providing tar the City's lease of certain vacant land l· Roanoke County, · part of the City*s Municipal Airport sou*hues* clear zone properW, to Arran Mood Country Club, Inc., for n term of years upa· cereal· terms nad conditions. (For full text of Ordinance, see Ordinance Book No. 20, page 420.) Mr. Mheeler moved the adoption of the Ordinance. The motion uaw seconded by Mr. Pollard and adopted by the f,Il*ming vote: AYES: Messrso Garland, Jo·es, Pollard, Pond, St*lief, #heeler and Mayor Dillard .......................... 7. NAYS: None .................. O. STREET NAM£S: Council having directed the City Attorney to prepare the proper measure changing the name of that portion of Garden City Boulevard, So extending from its existing intersection mith Yellow Mountain Road, So Eo, in a sootheasterly direction to the southeast corporate limits,,so as to make the same a continuation of Yellow Mountain Road, he presented same; whereupon, Mr. 5toiler moved that the follouiog Ordinance be placed upon its first reading: (·16579) AN OROINAHCE changing the name Of that portion Of Garden City Boulevard, $. E., extending from its existing intersection with Yellow Mountain Road, 5, E** In a southeasterly direction to the Cityts southeast corporate limits, MBEREAB, the City Planning Commission having so recommended and the street hereinafter described beingt in fact, a continuation of the street known as Yellow Mountain Road, 5. E. THEREFORE, BE IT ORDAXH~D by the Council of the City of Roan,he that the name of that certain poblic street mhich extends from the present intersection of Yellow Mountain Road, 5. E., and Garden City Boulevard, 5. E., in a southeasterly direction under the Blue Ridge Parkmay to the City*s east corporate limits and whicl has heretofore been known as a portion of Garden City Boulevard,.5. E., be, and the name of said street ~s hereby changed to, Yellow Mountain Road, S. E.; and the plats of the Official Map and other maps on f.ile i~ the office of the City Engineer shall be marked so as to show the aforesaid change of street name. BE IT FURTHER ORDAIA~D that the City Manager cause necessary changes to be made in existing street name signs along the aforesaid street and that, if necessary, the house numbering of the houses located on said street be changed so as to accord to the provisions of Chapter 5, Title XVII of the Code of the City of Roanoke, 1956; and, further, that the City Cl~rh transmit to the Postmaster at Roan*he six attested copies of this ordinance in order that said Postmaster be apprised of the aforesaid change. The motion Mas seconded by Mr. #heeler and adopted by the following vote: 342 Al'KS: Nessra. Garland, Jones, Pollard, Food, Stollero fheeler ted #myer Dlllcrd .......................... NAYS: None .......~ .......... O. SCHOOLS: Cooocll haviog directed the City Attorney, to prepare the proper measure providing for · crossing,guard, school-type flashing traffic signals and traffic signals in connection with the Day-Care Center to be operated by. Total Action Against Poverty in Roanoke. Valley at 702 Shenandoah Avenue, H. a., for further consideration of the body, he presented same. In this connection, Mr. 0ristom Hardin, Jr** Executive Director, Total Action Against Poverty inRoaooke Valley, appeared before Coencil and requested that action on the matter be deferred since, there Js some question as to the availability of land for the Bay-Care Center. After a discussion of the matter, Council being of the opinion that amc crossing guards should be authorized, that they should be authorized to wear appropriate Uniforms at the expense of TAP and that the school-type flashing traffic signals aboold be erected,,bot that no action should be taken on the traffic signals, Hr. Stoller moved that the matter be referred back to the City Attorney for preparation of the proper measure. The motion was seconded by Mt. Pond and unanimously adopted. · fth further reference to the TAP program the Acting City, Manager submitted t~e following communication from the Director of Public Welfare: · Date: October 4, 1965 To: Mr. J. Robert Thomas, Acting City Manager From: Bernice F. Jones, Director of Welfare Re: TAP Program I have read the material which you gave me and have made several telephone contacts in an effort to find out what Roanoke City*s responsibility is in the TAP program. In the written material there is mention that the city ia responsible for providing office space and utilities and that the two counties (Roanoke and Dotetourt) are to provide eqoipment. Another statement indicates that the directors of TAP are responsible for providing ,equipment., Xe talking math Mr. David Herbert, Executive Director, Roanohe Valley Council of Community Services, who has been with the TAP program through its organizational program, gave me some facts which may or may not be helpful. He pointed out that in developing the program that the three localities (City of Roanoke and Counties of Roanoke and Botetouvt) agreed to assume responsibility for meetlng the needs of the program as it seemed appropriate; that a share could be in cash, kind or some other means. Xn the early stages of developing ~he program It mas coosldered that Roanoke City would proride the office space by using city omned property. As you hnom the facility being used is owned by the Dank of Virginia. I have been unable, to find out if their gift mas intended to be Roanoke CJty*s share or if it mas intended to be a gift to the program. ! was told that this point mas not discussed. So, I do nat know If Roanoke City has provided it*s share. This is debatable. I have attempted to verify cost of utilities but so far the water bill Is the only one that has come out and it ia felt that an error has been made because the amount of the bill for 49 days consumption is $95.?6. Aa investigation by the water company is being made. In the budget (TAP), $1OO.OO per month is allomed for telephone service. I can get no figure for electricity and there is no ready information regarding the cost of heating. The day care center will be heated by gas but it is not in operation nom. If I m·y make · suggestion, It ls that Roanoke City ·pproprl·te $2,500.00 us its'approxlm·te oRe-third share of the son-Federal share for the oper·tlon of this program. (Tot·l in kind, ! am sorry that I have beeo un·ble to prepare · better report but · s I have already explained lo you, ! hume tot beeo 8 purr of this program and my OmB knowledge la very general about it. The best Z have been able to do is to read from Mr, Arthur Ouens' files ·nd to talk uitb several people who have shared IR the programming. ulsb to say that it ia difficult to pin specifics down because the material is so broad. If you can think or uny other WRy in which I can get more information, 'in case it is needed, please advise me what it is. $/ Bernice F. Jones* Hr. Stoller moved that action on ·ppropri·ting the share or the City of Roanoke for the operation of the program be deferred until the actual ·mount is determined. The motion mas seconded by Mr. Pond and unanimously adopted. Math further reference to the matter, RF. Jones pointed out that Mr, Arthur $. Owens, former City Manager, w·s appointed as one of the members of a committee created for the purpose of the development and screening of various programs proposed pursuant to the Economic Opportunity Act of 1964, and moved th·t the City Attorney be directed to prep·re the proper ueasure providing for the filling of the vac·ncy. The motion mas seconded by Hr. Smaller and un·nimously adopted. BUDC£T-PAV PLAN: Council buying directed the City Attorney to prep·re the proper measure ·uthoriziog the Acting City Manager to fill cart·in vic·acius in various municipal dep·rtments since they are of an emergency n·ture, hepresented s·me; whereupon, Mr. Smaller offered the following Resolution: (u16680) A RESOLUTIOM authorizing the City Manager to employ cart·in personnel. (For full text of Resolution, see Resolution Book No. 20, page 426.) Mr. Stoller moved the adoption of the Resolution. The motion was seconde¢ by er. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Smaller, Mheeler and Rayor Dillard .......................... NAVS: None .................. O. MOTIONS A[~ MISCRLLAIiEOUS BUSINESS: CITY MARKET:. Council having referred to lq65-66 budget study a plan of Downtown Roanokee Incorporated, to revitalize the City Market area as prepared by the City Market Improvement Committee of Downtown Roanoke, Incorporated, and the Southwest Section, Virginia Chapter, of the American Institute of Architects, a group of representatives of Downtown Roanoke,' Incorporated, appeared before the body, pointing out that funds for this purpose were not included in the 1965-66 budget, and requested that the city proceed with the working drawings for the plan so that the drawings will be completed if and when funds are appropriated for revitalization of the City Market area. 343 '344 Among those speaking on the matter were Measrs. M. Howard Mood, Chairmen, of the City Berber Improvement Cowmitteeo William R. Hill, Executlv? Director, end Frenh'H. Hill: Jrt, Architect, .ho'indicated khnt he is willing to do the srchitecte~ moth. Council indicating · desire to defer consideration of the matter until the proposed Co,itel Improveuents Program ts submitted, no action wes token on the requef INDDSTRIES: Hr. Jones called attention to the announced closing of the Roaebhe plant of American Hridge Division, United States Steel Corporation, end offered the following Resolatioo extending an offer to ell parties concerned of the assistance of Council in seeking out some mutually satisfactory means whereby the operation of said plant may be continued on an economical basis and without detriment lo the members of the community abm are now dependent thereon for gainfu! employment: (~166B1) A RESOLUTION relating to the announced closing of the Roanoke plant of American Bridge Gfrfsion, United States Steel Corporation. (For full text of Resolution, see Resolution Book Ho. 2B, page 42b.) Hr. Jones moved the adoption of the Resolution, The motion was seconded by Hr. Pond and adopted by the following vote: AXES: Ressrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................................... ?. NAYS: ~one ............................O. Mr. Jones moved that copies of the Resolution be forwarded to the Honorable Lyndon B. Johnson, President of the United States, the Honorable Harry F. Byrd, United States Senate, the Honorable A. Willis Rohertson, United States Senate, Mr. !. W. Abel, President of the United States Steel Workers, and Mr. R. Conrad Cooper, Executire Vice President, Personnel Services, United States Steel Corporatlo The motion was seconded by Mr. Stellar and unanimously adopted. Mr. Stellar then moved that the May~ and one OF more members of Conncll be authorized to go to Pittsb~rgb, ~ennsylva~ls, and mherever necessary, to see what they can do to Implement the Resolution. The motion was seconded by Hr. Jones and unanimously adopted. !~US~RIES: Mr. Stoller offered the following Resolution myth regard to the proposed merger of theNorfolk and Western Railway Company. and the Chesapeake and Ohio Railway Company: (=16602) A RESOLUTION concerning the proposed merger of Norfolk and Hestern Railway Company and The Chesapeake and Ohio Railway Company. (~or full text of Resolution, see Resolution Book Ho. 28, page 427.) Mr. Stellar moved the adoption of the Resolution. The motion was seconded by Hr. Rheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stellar, Wheeler and Mayor Dillard ........................................ ?. ~A¥S: None ......................... O. 345 , IHDUSTRIES: Hr.' Stoller offered abe following Resolution continuing the Industrial Developne~ Committee comprised or ell of the members of Council mud naming Councilman James E, Jo~es as Chairmen of said committee~ (s16663) A RESOLUTION relating to the Industrial Development Committee of the Roanoke City Cobncil, , (For full text of Resolution, see Resolution Book NO, 26, page 429,) Mr. Stoller moved the adoption of the Resolution, The motion was seconded by Hr. Pond and adopted by the following vote: AVES: Messrs, Garland, Jones, Pollard, Pond, St*lief, Rbeeler and Mayor Dillard ........................................7. ~AYS: None ...........................O. LIBRARIES: Mayor Dillard called attention to a vacancy on the Roanoke Public Library Board due to the resignation of the Reverend Harold R. Helms and called for nominations to fill the vacancy. In this connection, a communication from Mr. Laurence R. Noell, President Of the Southeast Civic League, advising that it is the desire of the Southeast Civic League that the vacancy be filled by o resident of the Southeast section was before Council. Mr. St*liar placed in noalnation the n3me Of Lawrence R. ~oell. Mr. Pollard moved that the nominations be closed. The motion was ~econded by Mr. Pond and unanimously ad*pta*. Mr. Laurence R. Noell nas elected as'a member of the Roanoke Public Library Hoard to fill the unexpired term of the Reverend Harold £. Helms, resigned, ending June 30, 1968, by the following vote: FOR MR. NOELL: Messrs. Garland, Jones, Pollard, Pond, St*lieF, Nheeler, and Mayor Dillard---~ ...... ~ ....................... 7. BUILDING CODE-MUNICIPAL COURT: The City Clerk reported that Mr. J. M. Yeatts has qualified as a member of the Board of Appeal, Building Code, for a ter~ of five years ending September 30, 1970, and that Judge Harris S. Blrchfield and Judge Millmer F. Dillard hare qualified os Substitute Judges 5f the Municipal Court for terms of four years each ending September 30, 1q69. Mr; St*lief moved that the report be filed. 'The motion was seconded by Mr. Garland and~unanimously adopted. On motion of Mr. St*lief, seconded by Mr. Pond and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: 346 COUNCIL, REGI~LAR MEETING, Mondavi October 11, 1965. The Council of the City of Roanoke net in regular meeting La the Council Chamber in the municipal Building, Monday, October 11, 1965, at 2 p.m., the regular aeetlng hour, mith Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, Janes E. Jones, Roy R. Pollard, Sr. Clarence E. Pond, Murray A. Stoller, Vincent 5. Wheeler and Mayor Benton O. Dillard ...................................... 7. ABSEKF: None ......................O. OFFICERS PRESEll: Hr. J. Robert Thomas, Acting City Manager and City Auditor, and Mr. Janes N. Kiucanon, City Attorney. INVOCATION: The meeting mas opened mith a prayer by the Reverend S. Earl Mitchell, Pastor, First Church of the Brethren. mINUTES: Copy of the minutes of the regular meeting held on monday, Angus~ 50, 1~65, having been furnished each member of Council, on motion of BF. Broiler, seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND PLAYGROUNDS-$TAT£ BIDHMAYS-MATER DEPARTMEK£: Pursuant to notice of advertisement for bids on furnishifl~ and installing a 100 G.P.M. Pump in the present Chapel Forest Pumping Station, said proposals to be received by the City Clerk until 1:30 p.m., Monday, October 11, 1965, and to be opened at 2:00 before Council, Mayor Dillard asked if anyone had any questions.about the advertisem and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the one bid received from B ~ H Plumbing and Heating Company in the amount of $3.789.20. Rt. Broiler mored that the bids be referred to a committee to be appointed by the Mayor for study, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee. The motion bas seconded by Mr. Pond and unanimously adopted. Mayor Dillard appointed Messrs. J. Robert Thomas, Chairman, Joseph A. Brogan and Sam P. Weens as members of the committee. PARKS AND PLAVGROUNI~-GARBACE REMOVAL: Pursuant to notice of advertise- ment for bids on the installation of a complete new electrical system for the existing monorail hoist at the Roanoke City Incinerator, Proposal No. I being.based on equipment by Industrial Electric Reels, Incorporated, Proposal ~o. 2 being based on equipment by the Appleton Electric Company and Proposal No. 3 being based on equipment by the Gleason Reel Corporation, said proposals to be received by the City Clerk until 1:30 p.m., Monday, October 11, 1965, and to be opened at 2:00 p.m., before Couucil, Mayor Dillard asked if anyone had any questions about the advertise- ment, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; shereupon, the City Clerk opened and read the following bids: Prop,sol Prop,sol Proposhl Bidder No. I No. 2 No. 3 JeffersOn Electric Company - $16,560.00 $15,753.00 $14,276.00 Cross Electric Company J, M. Murphy Company - 21,519.60 21,519.60 21,519.60 Mr. St,lief moved that the bids be referred to a committee to'be apb,anted b/ the Mayor for tabulation, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee The motion uas seconded by Mr. Pond and unanimously adopted. Mayor Dillard appointed Messrs. Clarence E. Pond, Chairman, Vincent S. Mheeler, Murray A. St,liar and J. Stuart Franklin, Jr., as members of %he committee PETITIO'.~S Ah3) COMMUNICATIONS: POLICE DRPARTHRNT: A communication from Mr. M. M. Cunningham, Jr** Director, Division of Corrections of the Department of Welfare and Institution~, transmitting a report on an l~spection of the police lockup by the Division on September 20, lg6S, was before Council. On motion of Mr. St,liar, seconded by Mr. Pollard and unanimously adopted the communication and report were filed. CITY JAIL: A communication from Mr. M. K. Cunnlngham, 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 September 20, 1965, wa before Council. 'On motion of Mr. St,liar, seconded by Mr. Pollard and unanimously adopted, the communication and report were filed. ZONIH~: A petition of Mr. John D. Cart, Attorney, representing the McClaugherty Estate, requesting that property located on the north side of Brandon Avenue, S. W., east of Windsor Avenue, described as Lots 1-6, inclusive, Block Stratford Court, Official Tax Nos. 1250701-1250705, inclusive, and a O.655-acre tract of land extending north from the rear Of Lot 6, east of Murray Run, designated Reserve, Official Tax Nos. 1250707, be fez,ned from General Residence District to Business District, w'as before' Council. On motion of Mr. St,liar, seconded by Mr. Pollard and unanimously adopted, the request was referred to the City Planning Commission for study, report and racom. mendation to Council. SHEERS AND STORM ORAXHS: A communication from Mr. 0.' B. Hartman, Chairman of a committee representing petitioners opposing the proposal of the Old Heritage Corporation to install a sewage treatment lagoon to serve the Hunting Hills Sub- division, and asking why the plan of the Old Heritage Corporation to connect with the sewage system of,the City of Roanoke on Franklin Road was dropped, was before Counci Mr. Stoller moved that Mr. Bartman be advised to direct his request for ~his information to the Old Heritage Corporation. The motion was seconded by Mr. Jones and unanimously adopted. 347 348 REPORTS OF OFFICERS: STgEET LIGHTS: The Acting City Manager submitted a Brltten report, recoB- Bending t~ot n street l~gktlbe installed in th~ middle of the 3200 block of Ellswortk Street, N~ Mr, Stollev moved that ¢guncil concur In the recommendation of the Acting GitT Mnnnger nnd offered the following Resolution: (#16604) A RESOLUTION authorizing the installation of one 2500 lumen overhead lncnndescent street light in the middle of the 3200 block of Ellsworth Street. N. E., (AP Pole Ro. 230-4546.) (~or full text of Resolution, see Resolution Book No. 20, page 431.) Mr. Stoller moved the adoption of the Resolution. The motion BUS seconder b7 Mr. Pond and adopted bT the following rote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheoler nnd #alor Dillard ......................................... T. NAYS: None ...........................O. BUDGET-PARKS A~D PLAYGBOUI%DS: The Acting Citl Manager submitted a written report, advi~ n~ that additional donations in the total amount of $?,013 have been received for the construction of n fountain on NileI Drive, S. M.o and recommended that this amount be appropriated to the 1965-66 budget. Hr. Pollard moved that Council concur in the recommendation of the Acting CitI Manager and offered the following emergency Ordinance transferring $7,O13 from the Contingencl Fund: (B16685) AN ORDINANCE to amend end reordain Section ml66, "Contingencies and Section BI?O, "Capit'al," of the 1965-66 Appropriation Ordinance. and providing tFor full text of Ordinance, see Ordinance Book No. 2~, page 431.) Mr. Pollard moved the adoption of the Ordinance. The motion Bna seconded bi Mr. Stoller and adopted by t~e following vote: Dillard ...................................... NAYS: None ........................ O. BUD~'T-STATE HIGBMAYS: The Acting City Manager submitted a written report~-: recommending that $5,400 be appropriated to cover the estimated cost to the Cit7 of Roanoke ~or a survey and preparation of plans for the widening of U. S. Route 460 from Spur Route 501 east to Twelfth Street. ~r. Stoller moved that Council concur in the recommendation o~ the Acting Cft7 Manager and offered the following emergenc~ Ordinance transferring $5,%00 from the Contingent7 Fund: (z16686) A~ O~DI~NCE to amend and reordain Section ZlG6, ~Con~fngeflcles,' and Section =170, "Capital," of the 1965-66 Appropriation Ordinance, and providing (For full text of Ordinance, see Ordinance ~oo~ No. 28, page 432.) Mr. St,lief moved the adoption of the Ordinance. The motion was seconded by Hr, Pollord end adopted by the following:vote: AYES: Messrs. Garland, Jones, Pollar~ Pond, St,lief, Nheeler nad Mayor Dillard ......................................... 7. NAYS: None .......................... O. BUDGET-COUNCIL: The Acting City Homager submitted a written report, recommending that' $2,000' be appropriated to the Travel Expense and Education account of Council la the 1965-66 budget. Hr. St,lief moved that Council'concur in the rec~muendation of the Acting City Manager and offered the fol]~ lng emergency Ordinance transferring $2,000 from the Contingency Fund~ (o166~7) 'AN O~DINANCE to amend and reordain Section gl. 'Council,# and Section z166, "Contingencies,' of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance O,ok ~o. 28, page 432.) Mr. St,lief moved the adoption of the Ordinance. The motion nas seconded b/ Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard. Pond. St,lief. Rheeler and Ma/or Dillard ......................................... 7. NAYS: None ...........................O. BUDGET-pAy PLAN: The Acting City Manager submitted the following report, recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: 'Roanoke, ¥irg~nia October 11. 1965 To the City Conncil Roanoke, YtFglaia Gentlemen: ! hereby request authority to fill the following vacancies in the City Force, all of which are needed: Juvenile and Domestic Relations Court - Probation Officer, Group 10 Nater Department - Laborer, Group 10 Refuse Collection and Disposal - I Loadpacker Driver, Group b I Dump Trucker II, Group 7 2 Disposal Laborers~ Group 10 Respectfully submitted, S/ J. Robert Thomas Acting City Manager* Mr. Stoller moved that Council concur in the recommendationsof the Acting City Manager and that tho matter be referred to the City Attorney for preparation Of the proper me~sure. The motion was secocded by Mr. Pollard acd unanJmoasly adoped. BUDGET-AIR POLLUTION COf~ROL: The Acting City Manager submitted the follo~ lng report, recommending that Council authorize the purchase of an automobile included In the 1965-66 budget for the Air Pollution Control Department now rather than waiting until January 1, 1966: 'Roanoke, Virginia .. October Il, 196§ To the Cit,.COuncil' Roanoke, Virginia Included in the 1965-66 budget Is one automobile et sa estimated coat or $2000 for Air Pollution Control, uhlch, of course, la restricted until January 1, 1966, under the policy of the Council. The vehicle, a 1956 Chevrolet, now lc ese by this depart- meat, is due for state inspection; and I am'advited by the Superintendent of Garage that repairs needed for tala automo- bile to pass state lnspeotion alii cost approximately $200. 'Re has requested that this car he traded at this time, since the mileage on the car is in excess of 211,O00, and there is only about two months remaining for the car to be used, after the*rape.frs ~onld be made. I believe it is economically sound to purchase the new car at this time and so recommend. Reapectfu]ly submitted, s/ J. Robert Th,nas Acting City Manager ' Mr. St,lief moved that Council concur in the recommendation of the Acting City Manager and that he be directed to advertise for bids to be opened befQre the body. The motion was seconded by Mr. Pollard and unanimously adopted. PURCHASE OF PROPERY¥-IIOUSI~G-SLUR CLEARANCE: The Acting City Manager submitted a mritten report, advising that the City of Roanoke Redevelopment and Housing Authority has offered to convey to the City of Roanoke for a nominal consideration of $1,00 four parcels of land in the Commonwealth Redevelopment Project [to be devoted by the city for public open space use, and recommended that the offer be accepted. Mr. Stoller moved that Council concur in the recommendation of the Acting City Manager and offered the following emergency Ordinance: (#16688) AN 0~0INANCE authorizing the acquisition of four (4) parcels of land in the Commonwealth Redevelopment Project from City of Roanoke Redevelopment and Housing Authgrity upon certain terms and conditions; authorizing and directing the City to join in the execution of the deed of conveyance relative thereto; and providing for an emergency. (~or full text of Ordinance, see Ordinance Hook No. 26, page 433.) Mr. St,lief moved th, adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Me'ssrs. Garland, Jones. Pollard, Pond. Stoller, Wheeler and Mayor Dillard ..............................................7. ~AYS: None ................................ O. SALE OF PROPERTY-PARKS AND PLAY~ROUNDS: The Acti ag City Manager submitted written report, transmitti~ an offer of ~ppalachtan Real Contractors lncor- S, W,, desiguoted cs official Tax ~os. 1230701, for the sum of $16,100, and recom- mended thom the offer be referred to the Real Estate Committee for study, report cad recowmecdetion to Council. After a discussion of the matter, it being pointed out that it is the policy of Council not to sell park land, Mr. Stoller moved, that the offer be declined. The motion mas seconded by Mr. Pollard and unanimously adopted. TRAFFIC~ The Acting City Manager submitted a written report, advising that Old Dominion Services located at 340 Salem Avenue, $. M., has applied for a loading zone in front of lts~establishment,'whlch would require the removal of two pcrhing meters, and recommended that permission be granted*for the removal of these meters, MFo Stoller moved thut Council concur in the recommendation of the Acting City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motionmas seconded by Hr. Garland and unanimously adapted. Mr. Mb*cleF then moved that the matter of removing the balance of the parking meters in the block be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Stoller and unanimously adopted. SEWERS AND STORM DRAIALS: The Acting City Manager submitted the following report with reference to improvements to the Semage Treatment Plant: *Roanoke, Virginia October 11, 1965 To the City Council Roanoke, Virginia Gentlemen: I am formarding,,herewith, a communication from the Director of Public Morks and from the State Mater Control Board mitb reference to improvements to the sewage treatment plant. The State Mater Control Board advises that its ap- proval of the sewage treatment plant expansion in 1959 provided for additional improvements as outlined In their · communication. Th'e paragraph dealing with installation of chlorination facilities at the plant requests submission of the plans in connection mith this in the near future. As you hnow, these plans are being prepared by Alvord. 8nrdick and Do.son and will be forwarded to the State Mater Control Doard upon receipt thereof. With reference to the remaining facilities and improve- ments outlined in their letter, it mill be necessary to employ the services of our consulting engineers for preparation of the necessary plans and recommendations. It is. therefore, reques'ted yon authorize necessary negotiations with Alvord. Burdick and Bowson to determine the scope of the work involved and cost thereof, in order that 'the necessary appropriation may be provided and a contract authorized for the work. As pointed out by the Director, of Pnblic Works, speedy action is necessary, in order that an application may be filed with the State Mater Control Board prior to February 1. 196~, requesting aid in the construction of the needed facilities. Respectfully submitted, S/ J. Robert Thomas Acting City Manager' .351 ~352 After t discussion of the petter, the Actieg City Manager verbally , reporting that the plans for the chlorination facilities have now been received end foruarded to the State Mater Control Hoard, Mr. Stoller moved that Council concur it the recommendation of the Acting City Ravager that the City Manager be author t~d to cegotlcte uith Alvord, Hurdick and Ronson, Consulting Engineers, to determine the scope of mork Involved end the cost thereof mith regard to further lmprovementsto the Semuge Treatment Plant. The motion uts seconded by Mr. Mheeler and unanimously adopted. STATE HIUHRAYS= The Acting City Manager submitted a written report, recommending that the City of Roanoke agree to perform requisite phases of the right of may acqnlsitlon program in regard to the proposed construction of U. S. Route No. 460. Mr. Stoller moved that Council concur in the recommendation of the Acting City Manager and offered the following Resolution math regard to Project No. 0460= 128-102, RM-201, C-501: (u16659) A RESOLUTION agreeing to perform requisite phases of the right Of may acquisition program in regard to the proposed construction of U. S. Route No. 460, Project No, 0460-12H-]02, RR=201, C=SO1, in the City of Roanoke. (For full text of Resolution, see Resolution Rook No. 2H, page 434.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pond 3nd adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stellar, Mheeler and Mayor Dillard ............... £ .......................... 7. NAYS: None ............................O. Mr. Stoller then offered the following Resolution with regard to Project No. 0460-12H-102, RM-202, C-502: (~16690) A RESOLUTION agreeing t'o perform 'requisite phases of the right of way acquisition program in regard' to the proposed construction of U. $. Route No. 460, Project No. 0460-129-102, RR-2020 C-502, in the City of Roanole. (For full text of Resolution, see Resolution Hook No. 29, page 435.) Mr. Stellar moved the adoption of the Resolution. The motion was seconde¢ by Mr. Pond and adopted by the follciing vote: Dillard ....................................... 7. NAYS: None ..................... ~ .... O. STATE' HIGHWAYS: 'The Acting City Manager submitted a written report, advlsJ that an agreement has been reached with Abe and Hazel Cohen for the purchase of Parcel No. OIH, needed in connection with the Route 599 Project, at a price of $28,325, which is the appraised value, and recommended that the offer be accepted. Mr.'Jones moved that Council concur in the recommendation of the Acting 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. 353 PLANNING: Cooncil knriog directed the Actlo9 City Manager to ascertolo from the City Planning Commission the status of Its st*dy of the Subdivision Ordinan ~ke Acting City Manager submitted a written report, advising that up to the present no work has been'done on updating the Subdivision Ordinance to conform with the proposed Zoning Ordinance, but that this task mill be started immediately end the Planning Deportment mill mark toward the completion of a revised or proposed Subdivision Ordinance by January 1, 1966. On motion of Mr, St*lief, seconded by Mr. Jones and unanimously adopted, the report mos filed, SE~ERS AND STORM DRAINS: Council having referred the question of the possibility of a duplication of laboratory facilities of the city to the City Managez for investigation and report, the Acting City Manager submitted a written report, transmitting the foil*ming communication from the Commissioner of Health: *DATE October 40 1965 TO: Mr. Robert Thomas, Actin9 City Manager's FROM: Milliam H. Keeler, M. D., Commissioner of Health SUBJECT: Consolidation of Roanoke City Government Laboratories. Air Pollution Control, the Senage Treatment Plant, Water Department and Health Department each have a laboratory mhich carries out a control program for a particular aspect of environmental health quite independently of the other laboratories. Interagency relationships of various kinds are on a friendly but inf~ mai basis. The health department has Just completed a study of the feasibility of consolidating these laboratories into a Central Laboratory. Fact-finding and discussions among agency representatives produced the following recommendations; 1. Consolidation of all city government laboratories is not only feasible but desireable and should be accomplished as soon as possible. 2. Consolidation is Justifiable because of the eventual savings in tax-money, greater efficiency, better training and supervision of all technicians, and centralization of records permitting better professional evaluation and coordination of findings. All the agencies mentioned need someone skilled in sanitary chemistry. At least two-the sewage treat- ment plant and the water department - have for approxi- mately five years requested a city chemist. He would work in and operate from the Central Laboratory. Re should be employed with,at further delay. 4. The health department laboratory should be designated'the Central Laboratory; the health depart- ment laboratory director should be designated the Central Laboratory Director; and the hehlth commissioner should be designated the administrator of the Central Laboratory and the director of the city-wide environ- mental control program carried out by any city govern- went laboratory. 5. Consolidation should be carried out in phases. Phase 1. Designation of admihistrator, laboratory director and location of Central Laboratory. Transfer of one Mater department technician to the central laboratory in rotation. Transfer of water department laboratory incubators (2), autoclave and mater bath to semage treatment plant laboratory. 354 Pbuse 2. Employ chemist specializ- ing ia smeltery chemistr Physical eelergemeot of health depertBeet laboratory to acc,mm,der the additional equipment, supplies, records and personnel. Phuse 3. .Eventuully phase out all laboratories performing highly technical tests by transfericg such testi to the central laboratory 6. Consolidation will require a minimum number of personnel transfers and/or neu employees compared to the benefits to the community. I hereby request you to present this proposal to the City Co,noel as soon as possible** After a discussion of the question, Mr. hheeler moved that the matter be referred back to the City Manager for the purpose of working out e more specific plan for the consolidation of the laboratories math the Commissioner of Health, and to submit said plan to Council. The motion was seconded by Mr. Garland and unanimously adopted. POLICE DEPARTMEf~f-FIRE DEPARTMENT: The Acting City Manager submitted the following report on changes in personnel of the Police Department and Fire Department for the month of September, 1965: "Roanoke, Virginia October 11, 1955 To the City Council Roanoke, Vlrginis Gentlemen: Listed below is the status of the police and the fire depart- ment as of September 30, 1965: 'Police Department 'Mr. Richard 0. Ash~ell, 2707 Kenwood Blvd., S. E., was sworn in as a police officer September 15,- 1965. 'Officer Michael E. Dowles resigned September 15, 'Fire Department *During the month of September 1955 the following personnel changes Occurred In the Fire Department: Resigned: Charles B. Snyder, Jr. Gary W. Mebb Employed: Bobby G. Geary *On this date there are three (3) vacancies in the Fire Department.* Respectfully submitted, S/ J. Robert Thomas Acting City Manager* On motion of Hr. Pollard, seconded by Mr. St,lief and unanimously adopted, the report was filed. BDDGET-SEBOOLSx The City Auditor submitted a written report, transmitting a report of Andrems, Burket and Company on an examination of the accounts and financial records Of the Roan,he City School Board for eighteen months ended June 30, 1965. Hr. St*lief moved that the report be riled and that the City Auditor be directed to inform Council uhen the comments ulth regard to disbursements nnd purckuslng procedures and old outstanding unrrnats hare been implemented. The motlo mss seconded by Mr. Wheeler and uoeoimoasly adopted. PK~SIO~S: The City Auditor submitted n uritteo r~ort, trnnsmitting · report of Mennett nnd Mennett, Certified Public Accountants, on an audit or the accounts of the Employees' Retirement System ~r the City or Roenoket Virginia, rot six months ended June 30, 1965, lcdicstin9 that the accounts are in order. On motion or Hr. St*lief, seconded by Hr. Wheeler and unanimously adopted, the report was riled. REPORTS OF COMMITTEES: AIRPORT: Council having referred to a committee composed or Messrs. Roy L Webber, Chairman, Roy R. Pollard, Sr., Willia~ H. Carder, Robert W. Woody, Jo W. Burress, T. E. Frantz and Francis X. Carroll, for study, report and recommendation, o request of W ~ 0 Air-Work for permission to operate an aircraft from Roanoke Municipal (Woodrum) Airport for the purposes of banner towing, aerial photography nod aerial patrol, the committee submitted a uritten report, recommending that the request be granted in strict compliance with the City Code. In this connection, the following communication from Uodson, Pence and Coulter, Attorneys, representing W ~ 0 Air-Work, agreeing to comply with the City Code, mas before Council: "October 8. 1965 Mr. J. Robert Thomas Acting City Manager City of Roanoke Municipal Building Roanoke, Virginia Dear Mr. ThOmas: Supplementing MF. Francisco*$ letter to Mr. Arthur S. Owens, dated June 29, 1965, and in accordance with our under- standing of the requirements stated by you and the Airport Committee on October 6, lg65, ue submit the following information: 1. Mr. R. P. Francisco will represent himself at the Municipal Airport during the period Of time that he is actually operating there. During other times, Mr. Samuel T. mr*un, Jr. is authorized to act as his representative. 2. As stated in Mr. FranciscoOs letter Of June 2g, the office facilities for the business are located 5t 7640 Old UominJon Drive~ Roanoke County, Virginia, and the aircraft is hangared at Woodrum Airport. Mr. Francis* proposes to conduct this business activity during the hours Of 9 a.m. to 5 p.m. daily and during other hours Ir his hustness commitments so require. Thank you rOF your consideration of our request. Please let us know when the Fecomoendatlon of the Airport Committee will be presented to council. Yours very truly, DODSON, PENCE ~ COULTER S/ James M. Young James M. Young' 355 '356 Mr. Stoller, moved that Council concur In the recommendation of the mmlttee etd that the matter be referred to the City Attorney for preparation of the proper measure. The motion UBS seconded by Mr. Pond end unanimously adopted. UNFINISHED BUSINESS: NO~E, CONSIDERATION OF CLAIRE: NONE. IKIRODUCT~ON AND CONSIDERATION OF ORDINANCES A~D RESOLUTIOn: ZONING: Ordinance No. 16673, rezooieg that portion of · 6.q-acre tract of land northwest of Franklin Road, S. M., bordered by the city limits on the aouthnest and property of the City of Roanoke on the northwest, designated es Official Tax No. ~290101, 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. In this connection, the Acting City Manager submitted the following report: 'Roanoke, Virginia October 11, 1965 To the City Council Roanoke, Virginia Gentlemen: Last Monday. you passed on first reading, an ordinance to rezone property of Mr. Richard R. Ramlett located to the west of Franklin Road. near the south corporate limits of the City; and at the sane tine. referred to me the question of handling the sewer from an apartment house proposed to be erected on the property and the question of creating a traffic hazard on Route 220 at the entrance to Edgehill. We have had a number of conferences with the landowner and Hayes, Seay, Mattern and Mattern, who are making a sewer survey for the City. I am attaching hereto a report of the Director of Public Works and the Superintendent of Traffic Engineering and Communications covering both questions. There is also attached a copy of a letter from Hayes, Seay, Mattern and Mattern in connection with the sewer problem. Mr. Hanlett indicated that it would be approximately 1H months before the sewer connection would be'needed for his apartment house. Yon will note from the attached report that the City has programmed a sewer project for Fraeklin Road to relieve the overload on the existing Franklin Road sewer line, which is to be completed within the time element required by Hr. Haulett;. It is appareat from the attached communications that it is possible to sewer the Hamlett property from Franklin Road by construction of o sewer l~ne and a pumping station on the Ramlett property, which would cost the property owner somewhere between sixteen and twenty thousand dollars. But, to do so, it would be necessary to restrict further connections to the sewer line from the County. An alternate to this connection mould be the construction of a sewer interceptor line up Ore Rranch to the City-limitt, at an estimated cost of $130,000.00, which Hayes, Sway, Mattern andRattern point out would serve the County with R2 per cent of its capacity. If satisfactory arrangements can be concluded with the Coonty for construction of the Ore Rranch line, it would appear thatthis is the best approach to the problem. If negotiation with the County is undertaken in this matter, consideration should be given to a special contract covering the area to be sewered in the light of the present negotiations betmeen the City and County concerning the existing sewage treatment contract between them. Rased upon this report, I can see no reason for withholdiog the rezoning as requested. Respectfully submitted, SI J. Robert Thomas Acting City Manager# la a discussion or the matter, the Acting City Maunder advised that he has received a communication from Mr. Charles L. Legg, stating that since he has learned the exact location of the proposed apartment proJect be would like to mitkdram his comphin~ that the apartments milt increase the existing traffic congestion at the entrance to Edgehill as it is evident they mill not affect the £dgehlll entrance. Mr. Mheeler moved that Council receive and file the report of the Acting City Manager. The motion mos seconded by Mr. Pond and uncnimo.sly adopted. Mr. Mheeler then offered the following Ordinance for its second reading and final adoption: (#16673) AN ORDII/ANCE 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 429.) 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. Pond. St.tier. Nheeler and Mayor Dillard ........................................ NAYS: None ...........................O. STREET NAMES: Ordinance No. 16679, changing the name of a portion of Garden City Boulevard, S. E., so as to make the same a continuation of Yellow M,natal Road, S. E., having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. St,liar offering the following for its second rending and final adoption: (x16679) AN ORDINANCE changin9 the name of that portion of Garden City Boulevard, $. E., extending from its existing intersection with Yellow Mountain Road, S. E., in a southeasterly direction to the City's southeast cora,rate limits, so as to make the same a continuation of Yellow Mountain Road, S. E. (For full text of Ordinance. see Ordinance Book No. 20, page 430.) Mr. Stoller moved the adoption of the Ordinance. The motion was secocded by Mr. Pond nnd adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, 5toiler, Mheeler and Mayor Dillard ..................................... T. 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: (s16691) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 26, page 436.) MW. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Jones and adopted by the following vote: 357 358 AYES: Mesars, Garlnnd, Jones, Pollard, Pond, St,lief, Mheeler and Mayor Dillard ...... ~ ...................~ ..... ~---T. A~LYS: None ........................... O, STREETS AND ALLEYS-SIDEMALE, CURB AND GUTTER-TRAFFIC: Council having directed the City Attorney to prepare the proper measure accepting an offer of the K-Mart Store at Tmenty-fourth Street and Melrose Avenue, N. W** to donate to the City of Roanoke approximately one-third acre of land in exchange for street Improvements and a traffic signal, he presented some; mbereupon, Mr. St,lief offered the.f,Il,ming emergency Ordinance: (m16692) AN ORDINANCE providing for the acquisition of certain lend from Melrose Plaza, Xncorporated, to be used for.the future mldening Of a portion of the sontbuesterly side of Melrose Avenee betmeen 24th Street and Lafayette Boulevard, No Mo, upon certain terms and conditions; authorizing the installation of a four-may traffic signal installation at the intersection of Melrose Avenue and Lafayette Hoalerard; end pr,riding for aa emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 437.) Mr. St,lief moved the adoption Of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: Dillard .... ~ ................................ NAYS: None .......................... U. AIRPORT: Council having directed the City Attorney to prepare the proper accepting the proposal of the Carolina Parking System for operation Of the p3rking lot at Roanoke Municipal (W,,drum) Airport, he presented same; whereupon, Mr. Pollard moved that the follo~ing Ordinance be placed upon its first reading:. (=16693) AN ORDINANCE accepting the proposal of O. Stanley Smith, Jr., doing business as Carolina Parking System, for operating the automobile parking lot at ' Roanoke Municipal (W,,drum) Airport for a term of three (3) years, upon certain terms and conditions; authorizing the proper City officials to execute a requisite lease; and rejecting all other bids.. WHEREAS, at the meeting of the Council held on September 27. 1965, and after due and proper public advertisement made therefor, three sealed bids or proposals for the operation of the automobile parking lot at the Ctty*s Municipal Airport for a term of three years were received, opened and read before the Council, whereupon all said bids were referred to a committee composed of the City Auditor, the City Purchasicg Agent and Mr. Roy R. Pollard, St** Councilman,.Chairman, for. the. purpose of tabulating and studying said bids and making recommendation thereon to the Councl and WHEREAS, the. aforesaid Committee has tabulated and studied all said bids and reported in writing to the Council at its meeting held on October d, 1965, that the bid or proposal of O. Stanley Smith, Jr.., doing business as Carollnn Parking System, bas been determioed to constitute the best bid submitted to the City pursuant to its advertised iuvitntiont that said bid meets the Clty*s specifications for bids requir~ of all bidders and should be accepted; and that the 6ther tuo bids should, accordingl be rejected; and MREREAS, upon the Council's receipt of the aforesaid Committee Report, representatives of all bidders and all other interested parties were afforded an opportunity to be heard further on the matter before the Council, whereupon, and at t conclusion of uhich further hearing, the Council is unanimously of opinion to concur with the report of the aforesaid Committee. THEREFORE, BE IT ORDAII~ED by the Council of the City of Roanoke ns follous: 1. That the written proposal of O. Stanley Seith, Jr., doing business as Carolina Parking System, made to the City under date of September 7, 1965, for operating the automobile parking lot at Ronnohe Municipal (MoodFum) Airport faf a ~eriod of three years, uhlch said proposal guarantees the follouing in payment as rental to the City, namely: A. For the first year*s term of said lease. $1B,000. plus 75~ of all gross receipts in excess of $36,000 per annum to $66,000 smd 85~ of all'receipts in excess of $66,000 per annum. B, For the second year's term of said lease. $19,000, plus 75~ of all gross recetpt~ in excess of $36.000 per annum to $66.000 and 65~ of all gross receipts in excess of $66.000 per annum. For the third year*s term of said lease. $20,000~ plus ?$~ or all gross receipts in excess of $36,000 per annum to $66,000 and 85~ of all gross receipts in excess of $66,000 per annum; which said proposal is on file in the office of the City Clerk be~ and said prOpOSal is hereby ACCEfffED. 2. Thatthe City Manager and the City Clerk be. and they are hereby authorized and directed, for and on behalf of the City, to execute and attest. respectively, a requisite lease with the aforesaid successful bidder, the terms of which, including the aforesaid rental provisions, shall be approved by the City Manager and the form of Mhich shall be approved by the City Attorney, the term of said 3-year lease to commence upon such date in the month of November, 1965, as is agreeable to said successful bidder and to the City Manager, to be set so as to cause an orderly transfer of business operations between the former and the future operator of said parking facilities. BE IT FURTHER ORDAINED that the proposals of Airport Parking Company of America and of Allright Company, Inc., made to the City in response to its aforesaid invitation to bids be, and said other proposals are hereby REJECTED; the City Clerk to so notify each said other bidder and to express to each the City's appreciation for said bids. 359 36O ~Thenoti9n u·e seconded b7 Mr. ~toller.aod ·d,pled b7 the foilouing vote: AYES: Messrs. Garland, Jones. P, Il,rd. Pond. St,tier. Wheeler and Mayor Dill·rd ......................................... NAYS: None ......~ .......... ~ ......... SCHOOLS: Council hating directed the City Attorney to prepare the.proper measure providing for the fiiliog or n v·c··cy o· the committee.~ppointed for the purpose of the development and screening of various prograts proposed pursuant to the Economic Dpportuaity Act of 1964. he presented same. After 8 discussion of nb, should be ·ppointed to rial the vacancy. Mr. J,n* offered the r,Il,Ming Resolution naming Mr. Juli·n F. flirst. City M·nager-elect: (~1669d) A RESOLUTION filling a vacancy left on · committee appointed for lb, purpose of the development and screening of v,ri,us pr,graBs proposed pursuant the Ecnnomi~ OPportunity Act of'1964, heretofore provided for in Resolution No. 16361 of the Council of the City of Roanoke. (For full text of Res,Intron. see Resolution B,oh No. 28. page 438.) Mr. Jones moved the adoption of the Resolution. The motion uss seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland. Jones. Follatd. P, cd. St,lief. Mheeler end Mayor Dillard ......................................... ?. NAYS: None ...........................O. MOTIONS AN, MISCELLANEOUS BUSINESS: BUSES-SCHOOLS: RFS. H. F. Carmack, President of the Moodrow Wilson Parent- Teacher Association. and Mrs. R. C. Crawl,rd a~peared before Council, advising that buses serving students at M,,draw Wilson Junior High School are overcrowded and asklc if the Parent-Teacher Association has the right to charter an additional bus and increase the student fares to subsidize the cost thereof. In this connection, Mr. St,lieF read the following statement: ~October 11, 1965 Honorable Mayor and Fellow Members of Roanoke City Council Gentlemen: lengthy editorial 'Con/inued School Bus Overcrowding Requires Quick Action By Co,nell.' The .editorial calls for !. An ordinance limiting ~he number of children 2.Standees should be limited to the number of seat rails available. 3.A *white line* ordinance to prohibit anyone ttanding next to the driver. la the interest of the safety of school children concerned. I mM e that the alleged situation be re~erred to the City S/ Murray A. Stoller Murray A. Stoller. After o farther dlscassioe of the questioe, Ur. Stoller mJthdrem bis mukluk sad moved that the matter be referred to a committee composed of Mr. J. R~ert Thoua: Chairman, HFS, H. F. Csrmack, Hr, O. A. Thomas and Hr, Richard T~ Vis rot study, report smd reconeeadatJon to Council, The motion was seconded by Hr; Wheeler and unanimously adopted. TRAFFIC: Hr. Stoller stated that there is an Ordinance on abandoned automobiles on public property, that s number or citizens and businesses are being subjected to the problem of abandonment orundeairsble aatoeobJles on their property, and that he has requested the City Attorney to prepare an Ordinance siding these citizens for the consideration of Council. Mr. Stoller moved that action oh the matter be deferred until the proper measures have been prepared by the City Attorney. The motion was seconded by Mr. Pollard and unanimously adopted. ANNEXATION: Mr. Stoller read tm following statement with regard to the question of the policy of the City of Roanoke on voluntary annexation: 'October 11, 1965. Honorable Rayor sad Fellow Rembers of Roanoke City Council. Roanoke, Virginia. Centle~en: Effective last January I the City of Roanoke annexed its first surrounding territory since 1949. There are other areas besides Edgehill ~hich are contiguous to our corporate limits and should be a part of the City. While it Is too late to bemoan the extension of municipal services to the County, we should be firm in denying further extensions unless the areas become part of the City. Unless Me do, we shall eitness further *fragmentation of a single physically and culturally homogeneous community,t The quotation is from a lucid article by Douglas N. Ayres in *Public Management*a* August issue on *The Forgotten Amuser to Retropolitan Services.* Interestingly, Mr. Ayres was once assistant manager of Salem, Virglnio, .and is now city man,gar of another Salem in Oregon. In his article he makes a strong case for voluntary annexations as the *forgotten answer' to problems such as ours *of growing metropolitan areas.' His thesis la *that if. at the appropriate time in the history Of any metropolitan area, the statutory climate for annexation and spirited leadership are combined, there in fact uould be no metropolitan problem.' (I must confess to being puzzled at his inclusion of the urban areas of the state of Virginia among the better models. He has been away from Virginia for a long time.) POSITIVE PROGRAM NEEDED The City of Roanoke should adopt a comprehensive and positive program to encourage the annexation of its fringes. 1. The statutory climate in Virginia is not suitable for involuntary annexation by cities. 2. There should be s stnnding offer to fringe areas that the city services will be extended to them in proper cases. 3. Upon approval of a proposed area, a timetable for the extengion of the city services should be adopted, promoted and implemented. There are long-range economic, sociological sod tan advantages to a 'Greater Roanoke' rather than the growth of special districts such os the Roanoke Sanitary Authority. 361 362 This consent petition route ben the.dJssdveutege of 'nibbling* et au ores, mherees ~onveatlonel annexation mould provide better plenning, Ass&ming (but ual conceding) thet ue could ant file a conventional annexation suit ut this tine, I see Bathing la the lam to prevent us from u~noanciug o~r uttitste touird'pr6per areas which'vol#nteril7 seeh to be annexed to the City or Roanoke, Experience has shown the basic shortcoming of use of the volunLury annexation method is that the City is open to lanuendo~ misrepre- sentation of policy statements, and outright falsehoods, usually at the heads of n rem malcontents. Such charges seldot can be ansmered fully satisfactorily, Estimates of the utilities, public marks, police, fire, library and other urban service needs of the peripheral areas of Rosnohe indicate that nil our suburban areas bare un insufficient level.of govern- mental service for urban concentrations of population. They lock routine police protection, proper fire protection, routine street and storm drainage care, adequate parks, library service or more than limited street lighting. It is notorious that there ave critical logs tn water and sewer service. City Council should state the City*s urban service intentions to tbe entire metropolitan area. It should be realized that the extension of water, sewer and other services to nil hones in the metropolitan area is a good deal for the City and the suburbanite alike onl~ if the suburbanite becomes a part of the City. It is felt that suburbanites will solicit and millingly pay for municipal services if fully informed of the benefits that accrue for the relatively few additional tax dollars per month. How much is it worth, for instance, to have pure water rather than from a contaminated spring? NHAT NE SHOULD DO Ne should state publicly that we aFe interested in annexing the areas which border our City if they desire to be voluntarily annexed. 'The City of Roanoke is milling to provide municipal services to the Roanoke metropolitan &rea through pFogrammed voluntaryannexntions.* 2. The voluntary annexation must be initiated, financially supported, and promoted by those living within the area. 3. Each campaign should be based on on honest, concise, scheduled, and readily understood service program. Upon each propos~ being made, the City should revieu the needs of the area in question, and whether the City facilities are adequate to provide these services. The monetary effect of annexation on the average homeowner Jn the proposed area should be fully understood. The City should be fulfilled. become more attractive either financially or psychologically than annexation. 7. The City must not allom itself to become hemmed in. The issuance of a formal statement on voluntary annexation forces the City ~ examine its capabilities, clear its OWn thoughts, and do away with inconsistencies in policies. Ultimately, the City must be committed to urban service responsibility for the entire metropolitan area. City Council should be the first of the numer6us governmental units in this area to take the initiative in declorlng its ~illingness to provide urban services to the Suburbs when theyhave been incorporated. City Conncil should review and act favorably upon each annexation request if an area can be financially and physically Joined to the City and if there is sufficient indication of interest on the part of residents and property owners in the area. 10. The administrative staff 5f the city should assist those request- ing annexation with the necessary property description and staff work to consummate a voluntary annexation petition. 11. Municipal services should no longer be extended to areas contiguous to the City if the area can be served as appropriately through annexation. 12. #auJcJpnl services may be provided to sresn and persons outside the city limits us, If, sad uheu necessary for the general melfn~ of the entire wetropolltsu oreo, but only ir 1oo per cent of the utility capital costs ore defrayed by the petitioners, mud service charges reflect thu Intangible value of tbs financial bucking the taxpayers or the City of Roanoke nad their finnncJul invest- went lu existing services nnd facilities. 13. The City should ween its obligation to eot area nnnexed by mnhiug o full level of wunicipsl services available ns rapidly ns feasible. 14. Council should eld in the annexation of the metropolitan nre8 to the City through nil legal menns available to it and to its citizens, and should direct the nduinistrntive staff of the City to so proceed. 15. The ambitions of the City ore mythical. We seek only the proper development of our metropolitnn area.. 16. Re should be able to guarantee specifics of accelerated service. in order to sham the vitality, of the City government as opposed to the maintenance of the status quo. HIGHER OUTSIDE SERVICE RATES 17. Higher service charges for any service provided to persons residing beyond the City limits ~ve necessary. It should be recognized that where suburban residents enjoy essential urban services partially adequate to their needs and at less cost than the tax increase that would occur mere they to annex, they will be reluctant to annex. Denial of outside service also can brim9 amazing results. CONCLUSION To be effectlse a voluntary annexation program warrants a positive, without being oppressive, approach. It should be consistent, founded on fact. and well publicized. Sincerely, S/ Murray A. Stoller Murray A. Stoller' mr. Stoller moved that the matter be taken under advisement until the next regular meeting of Couocil with a view of requesting the City Attorney to prepare the proper measure in accordance with the recommendations in his statement. The motion was seconded by Mr. Jones sad unanimously adopted. CITY MANAGER: The City Clerk reported that Mr. Julian F. Hirst has qualified as City Manager of Rosnoke, Virginia, beginning October IS. 1965. On motion of Mr. Stoller, secooded by Mr. Wheeler and unanimously adopted the report was filed. In th. is connection, Mr. Stoller moved that the City Attorney be directed to prepare the proper measure thanking Mr. J. Robert Thomas for the excellent manna in which he has served as Acting City Manager from September 1, 1965. The motion was seconded by Mr. Pond and unanimously adopted. CLAIMS-SEWERS AND STORM DRAINS: After au executive session the Acting Manager submitted the follouing report with regard to a claim against the City of Roanoke for damages resulting to the property of the trustees of the Williemson Road Church of the Brethren at 3107 Crockett Avenue. N. W.: 363 364 *goonoke, Vlrginl· October 11, 1965 To the City Council no·make, Vlrgini· Gentleoen~ The p·rso·age or the Wllli·mson Road Church Of the Brethren, loc·ted ·t 3103 Crockett Avenue, w·s d·m·ged because Of · cave-in of · moll drilled in the street is front of the p·rson·ge by ~be City. I sm attaching hereto · copy of m letter, from Dr. Byron N, Cooper, Geologist at the Virginia Polytechnic Institute, pointing out the reason for this situation, along mJth other papers in connection theremitb. The Church bas agreed to settle this matter for $160S, mhich is the amount of the lan bid received from three bidders for repairing the damage. The City Attorney has prepared a resolution uutborlziflJ settlement of the claim, mhich I recommend you adopt, Respectfully submitted, S! J. Robert Thomas Acting City Manager# Mr. Jones moved that Council concur in the recommendation Of the Acting Manager and offered the folloming Resolution: (~16695) A RESOLUTION authorizing payment in compromise of a certain claim for property damages. (For fall text of Resolution. see Resolution Rook No. 29, page 43g.) Mr. Jones moved the adoption Of the Resolution. The. motion Mas seconded Mr. Stoller and adopted by the follomin9 vote: AYES: Messrs. Garland. Jones, Pollard. Pond. Stoller. Wheeler and Mayor Dillard ............................ ~ ............ 7. NAYS: None ........................... O. Mr. Jones then offered the following emergency Ordinance tram'alerting the $1,605 from the Contingency Fund: (~16696) AN ORDINANCE to amend end reordain Section glS0, *Non-Repa~rtment~ and Section ~16~. *Contingencies," Of the 19~5-65 Appropriation Ordinance, and providing for an emergency. (For full text of 0~dinance, see Ordinance Book No. 28, page 439.) Mr. Jones moved the adoption Of the Ordinance. 'Th~ motion Mas seconded by Mr. Wheeler and adopted by th~ following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller. Wheeler and Mayor Dillard ......................................... 7. NAYS: None ........................... O. On motion of Mr. Jones, seconded by Mr. Pollard and unanimously adopted, the m~eting mas adjourned. ATTEST: --City Clerk APPROVED 365 COUNCIL, REGULAR MEETING, Monday, October lO, 1965, The Council of the City of Roanoke met in regularmeetiag in the Law nnd ~hancery Court Room in the Municipal Building, Monday, October lO, 19§5, at 2 p,m** the regular meeting hour, with Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, James E. Jones, Roy R. Pollard, St** Clarence Eo Pond, Murray A. Stoller, Vincent S. Rbeeler and Mayor Rem, on O, Dillard ................................7. AHSEKF: None .................O. OFFICERS PRESENT: Mr. Julian F. Hits,, City Manager, Mr. James N. Eincanon, City Attorney, and Mr. Jo Robert Thomas, City Auditor. INVOCATION: The meeting mas opened math n prayer by the Reverend V. Moyer, Assistant to the president, Lutheran Synod. MIN%STES: Copy of the minutes of the regular meeting held on Tuesday, September T, 1965, havin9 been furnished each member of Council, on motion of Mr. Pond, seconded by Mr. Mheeler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZE~LS UPON PUBLIC MATTERS: RECREATION DEPARTMENT-PARKS AND PLAY~ROUhDS: Pursuant to notice of advertisement for bids on enclosing the existing Thrasher Park Shelter, said proposals to be received by the City Clerk until 1:30 p.m., Monday, October 18, 1965, and to be opened at 2:00 p.m., before Council, Mayor Dillard asked if anyone had any questions about the advertisement. In this connection, the City Clerk advised Council that the bid of Crutchlow Construction C~mpany, Incorporated, was received after the deadline of 1:30 p.m., stipulated in the legal advertisement for bids. Mr. Jones moved that the bid be received. The motion was seconded by Mr. Stoller and lost by the following vote: AYES: Messrs. Garland, Jones and 5toller ............................... 3. NAYS: Messrs. Pollard, Pond, Wheeler and Mayor Dillard ................. Mayor Dillard then instructed the City Clerk to proceed with the opening of the bids; uhereupon, the City Clerk opened and read the follouing bids: Days Construction Company, I~corporated $4,450.00 Regional Construction Services, Incorporated - 4,476.00 Budges Lumber Corporation - 4~636.00 Allied Construction Company - 4,?74.00 Mr. Nheeler moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance mith the recommendation of the committee, The motion was seconded by Mr. Pond and unanimously adopted. Mayor Dillard appointed Messrso Clarence E. Pond, Chairman, Julian F. Bits, and B. ~. Robinson as members of the committee. 366 PETITIONS AND COMMUNICATIONS: · STREET LIGHTSt A communication from the Appalachian Porter Compnny. transmitting a list of street lights uhieh mere Installed and/or removed during the month of September, 1965, mas before Council. On.motion of Er. Garland, seconded by Er. Pollard and unanimously adopted. the communication mas filed, . AODIT$-CO#MISSIO~R OF TH£ REVENUE: A communication from Mr. Jerome S. Howard. Jr.. ashiug Council ir there exists an audit report covering a lO-day investigation of the Office of the Commissioner of the Revenue in July. 1965, and requesting that if such a report does exist he be permitted to have a copy, mas before the body. · In this connection. Hr. Howard appeared before Council and read the follonlng statement: wi appear before you this afternoon as an~inquisitive citizen and as , a dedicated candidate for public office. In either case, I appear and speak with the sole interest of the public in mind. On July 14th of this year, an investigation of the office of the commissioner of revenue ~was ordered by a city council audit comnitteeheade~ by councilman Roy R. Pollard. This committee instructed the city auditor to make an investigation of alleged irregularities in the commJssioner*s office. On July 22 of this year, Mr. Pollard gave a brief statement to the press on the investigation, declining to elaborate. Quote, 'The audit committee of council has received a report of an exhaustive investigation conducted by the office of the city auditor into the procedures of the office of the con- missioner of revenue relating to possible irregularities.', Unquote. On October lltb, I went to see the city auditor and requested a copy of this audit report. The city auditor advised me there was no audit report.. Gentlemen, the public and I have a number of questions which have gone unanswered. What type of report did Mr. Pollard receive from the city auditor? What was the depth and scope of the audit investigation~ Rhy weren't the contents of the audit report released to the public? To date, the publichas been informed only of: 1. Certain weaknesses in procedure were noted, these deficiencies are being corrected by the ~udltor. 2.A handler Of pinball machines had been asked to pay for licenses on some additional machines. 3. The state tax commissioner declining to give details of an oral report received from one of his inspectors cone cern lng Roanokets commissioner of revenue's office.. Gentlemen, public funds are'assessed and handled by this office. I believe the citizens of Roanoke have a right to know the detail findings and recommendations of the city auditor concerning this investigation. Also, I feel that I, as well as the citizens of Roanoke,have the right to determine, for ourselves, whether an enploye .in the commissioner of revenue*s office aha aspires to public office was or was not involved in the investigation. I respectfully ash you, does an audit report covering the ci~y anditor*s investigation Of the office Of commissioner of revenue exist? If so, I respectfully request a copy of the audit report or permission to examine the existing copy.* Mr. Pollard, Chairman of the Audit Committee of Council, read the followin statement in reply to Mr. Howard: ~Mr. Mayor and Members Of the Council: As the Chairman of the Council*s 'Audit Committee', I am, perhaps, in the best position to reply to the commanication before In the first place, and on behalf of the Committee and the City Council. I ulsh to advise Mr. Homa~ that there exists no formal, mrittea report or my committee to the Council bearing on e any matter mentioned ia Mr. Homardts communication of October 13 to the #ay,r. sppearfog on todoy*a Council Agenda. This is not to say, however, that the Audit Committee and the City Auditor did eot. during the period commencing late in May and extending through July. and even later, mahe an Intensive effort to investigate and subtantiate, if.possible, several rumors and unsubstantiated state- ments and claims uhich, by various means, came to the attention of the members of the committee and the City Auditor. during the course of mhich investigation the other members of Council and the Coamonmealth*s Attoroey mere hept informed by periodic, informal rap.ran. The C~mmlttee'~ activities and informal, bu~ detailed and iutemslve, investigations dealt largely with attempts to verify and substantiate certain rumors, charges and insinuations uhlch. at the time. appeared to be circulating from an unknomn source or sources, relating to procedures in and compliance with certain of the City*s license tax ordinances. Each and every such matter uhich come to the attention of the Committee or the City Auditor mas looked into and Investigated by the Andltor*s Office ia the greatest of detail and the committee, the Members of Council and the Commonwealth's Attorney were, from time to time, kept informed and posted of the efforts made by that office. ~hile certain minor deficiencies in procedure relating to the administration of certain license tax requirements were noted, no creditable or snSstantiated evidence was discovered which would in any manner reflect upon the integrity of any official charged math the city of administrating the tax laus or the license tax ordinances, and once corrected by the City Auditor. The intense investigation and spot check of licenses did, however, disclose several instances of violation or disregard of as appears always to be the case, immediate assessments of proper made and, similarly, the above-mentioned officials were notified. The Council's Audit Committee and the office of the City Auditor con~lder that their duties in the matter of assuring compliance with the City*s ordinances, by taxpayers and by public officials of them will be promptly investigated and, in such cases, the members of Council and other officials will be kept fully informed." Mr. Smaller moved that both statements be filed with the records of Conncil. The motion was seconded by Mr. Pollard and unanimously adopted. ZONING: A communication from Mrs. Lena F. Holcomb, requesting that $. M., described os Lots 12, 13 and 14, Block 2, Virginia Heights, Official Tax No. 132270q, be rex.ned from Special Residence District to Business District, was before Council. On motion of Mr. Sa.lieF, seconded by Mr. Garland and unanimously adopted, the request for fez.ming was referred to the City Planning Commission for study, ZONING: A communication from Mr. T. L. Plunk.tm, Jr., Attorney, representingMr. Hobart ~. Howers,*et al** requesting that a 1.66-acre tract, a 3.07-acre tract and a 2.6.-acre tract of land located on the southeast side of Tenth Street, Ho No. beam.em Hlllcrest Avenue and Round Hill Avenue, described as Official Tax Nos. 20?0222, 20?0223 and 20?0239, be rezcned from General Residence Dinar*ica to Special Residence District, ~ns before Council. 367 '368 Oe motion of #r. Stoller, seconded by MrL Garland nod unanimously adopted, the request for retorting wes referred to the City Planning Commission rot study. report and recommends*ion to Council, said study to include particular emphasis on the question of setback lines. ZONING: A communication from Mr. T. L..Ple~kett, Jr** Attorney, repre- senting Hr. C. F. Kefouver end Ba~ey C. and Hlllie ~. Iddlngs, requesting that property located on the east side of Whiteside Street, H. E.t between Huntington floulevnrd and Dreu Avenue, described as Cots 2Z and 22. Block 9. Huntington Court, Official Tax Nos. 3100221 and 32fl0102, be retorted from Generol Residence District to Business District. mas before Council. On motion of Mr. Stoller, seconded by Hr. Garland nad unanimously adopted, the request for rezoning was referred to the City Planning Commission for study, report and recommendation to Council. said study to include particular emphasis on the question of setback lines. REPORTS OF OFFICERS: CITY MANAGER: Council having appointed Mr. Julian F. Hlrst as City Manager, effective October 15, 1965, he read the following statement: "October lB, Statement of City Manager to abe City Council Math the permission of Council and with this being my first meeting, I should like to make a brief statement to the Council, concerning my position as City Manager in your City Government. First, I mash to acknowledge my official andpersonal appreciation to Mr. Thomas for the assistance that he has given me in my introduction to the job. He has been extremely cooperative and I look forward to being dependent upon him for a long, long time. Secondly, I have already expressed to you gentlemen the feelingof high privilege I regard this position to whicb you have appointed me. X simply reiterate that statement. Without any intent of getting into political philosophy, I would make these observations to yon. The form of local government, of which I am a part, is often termed the City Manager Form. happen to disagree with that title because X feel that it places the City Manager in a role which is not appropriate. Rather, I would classify our local government here in Roanoke as tbe Mayor- City Council-City Manager form of government. This title gives proper recognition to the position of the various persons within the government. The Mayor is the established and recognized official headof tbe City. Tbe City Council is the duly=elected governing body and, as such, is responsible to the people for the government that the people desire. The City Manager Js certainly neither tbe Mayor nor the City Council but is an individual appointed by them and totally subject to then. He, therefore, and the heads of the departments associated with hime as well as the employees of the City, are responsible to the.Council at all times and in all matters. The direction of the Council eh*that.it be by ordinance, resolution, or merelysuggestloe establishes the guidelines for the administration of the City Government. One of the purposes of my office and those affiliated with me . is to recommend to and advise Council. This on occasions can naturally cause situations, wherein the views that we might have. would differ with the vi*us of one or more members of Council. This difference is confined~only to recommendation and advice. It is not intended to crept conflict, nor to infringe upon the p~erogatire of Council. Once you Council have made up your mind, then, without any reservations, we have our instructions. By necessity, the Manager mmst deal with the Council US n body, Obbiouslyt there nra variations to this but these ire only minor ia nature aid without strong effect. From time to tiwee I Will no doubt debate with you gentlemen on questions here in this room, This debate is mlth complete recognition or my position end subject to you. Our role ndmialatratiuly includes the responsibility to advance before you id*ns, proposals ned plans rot the better- meat, growth and development of this City. This me shall do, again rec6gnizing that the final nnd unquestionable decision is with you and that it is our obligation that any such posals will be placed before you in such a manner that you will hare the benefit of nil factual Information known to ns. Additionally, we must recognize we err in any circumstance where the Council Is placed on the spot or wherein me hinder effective decision. I looh forward to a close and beneficial work relation- ship with yon gentlemen, with the fine people in cur City Government and with our citizens that you represent.' MPg Jones moved that the statement of the City Manager be filed math the permanent records of Council. The motion was seconded bv Mr. Pollard and unaninousl adopted. STREET LIGHTS; The City Manager submitted a written report of the Acting City Manager, advising that it will be necessary to remove eight street lights in connection with the Interstate 5~1 project, between Hells Avenue, N. E** and Elm Avenue, S. E., so that construction may proceed; also, to relocate a light on the south side of Campbell Avenue, S. E., approximately 350 feet east of Third Street, to the north side of Campbell Avenue, and recommended that the changes be authorizec Mr. Jones moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~16697) A RESOLUTION authorizing the removal of three 2500 lomen overhead incandescent' street lights, five 6000 lumen overhead incandescent street lights and the relocation of one 2500 lumen overhea'd incandescent ntt'net light in connection with the constructio'n Of Interstate Route 501 between ~ells Avenue, (For full text of Resolution, see Resolution Book No. 28, page 442.) Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AVES: Messrs. Garland, Jones, Pollard, Pond, St*lieF, Rheeler and Mayor Dillard .........................7. WAYS: None ................. O. BUDGET-PAY PLAN: The City Manager submitted the following report of the Acting City Manager, recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: "Roanoke, Virginia October 16, 1965 To the City Council Roanoke, Vi,rginia Gentlemen: Authority is hereby requested to fill the following vacancies; 369 3.70 Mn*er Department - Laborer, Group 10 Jr. Meter Reader, Group 15 Rnlateaa~ce of City Property - I Municipal Building Janitor 1, Group 20 Planning Department- Assistant Director of Planning Fire Uepartment - I Fireman Respectfully submitted, S/ J. Robert Thomas Acting City Manager' Mr. 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 proper measure. The motion mas seconded by Nra Pollard and unanimously adopted. BUDGBT-DEpARTR£r~T OF PUBLIC #ELFARE: The City Manager submitted a mrltte: report of the Acting City Manager, advising that there is included in the 1965-66 badget for the City Home a coffee urn at a cost of $400 for replacement of the unit now in service, that the present urn has broken down and the cost for repairs is at least $50, that he does not believe it is economical to spend this amount on the present urn, and requested that Council approve purchase of the item at this time, the City Ranager concurring il the request. Hr. Stoller moved that Council concur in the' recommendation of the City Manager. The motion was seconded by hr. Pond and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation the request of Mr. I. J. Thomas that his property located on the northeast corner of Bollins Road and Shall Road, N. E., described as Lots 10 and 11, C. 6. Orange Map, Official Tax Nos. 3121710 and 3121711t be rezoned from Special Residence District to Business District, the City Planning Commission submitted the following report, recommending that the request be denied: "October 7, 1965 The Honorable Benton O. Dillard, Mayor and Members of City Council Roanoke, Virginia Gentlemen: In its reg'ulaF meet'lng of' October '6, 1{6~ the Planning Commission considered the above described rezoning request. It was noted that the petitioner intends to sell the property for use as a service station, which use is contrary to the uses permitted under the present zoning. In studying this request, the Planning Commission noted that the proposed zoning map for the City of Roanohe shows Duplex Resi- dential (RD) rezoning of the subject property. In addition, the topography of this property is steep and would require extensive grading for business use. The City 'Planning Commission, therefore, recommends that this rezontng request be denied. Sincerely yours, S! Dexter N, Smith Henry B. Boynton Chairman' In khla connection, n communication from Mr, Thomaso requesting permission ko mithdrau bis petition for rezoniag, mas before Council. Mr. Sin]imF Bored that Council concur In the request and tbnt Mr. Thomas be permitted to withdraw his petition for rezoniag. The mot{on mas seconded by Mr. Pond and unanimously adopted. PLANWING: The Roanoke Valley Regional Planking Commission submitted a urltten report for the first quarter of the fiscal year 1965-66 (Jnly 1, 1965, through September 30, 1965.) Mr. Wheeler moved that the report be received and filed. The motion was seconded by Mr. Pollard and uo~nimously,sdopte~. REPORTs OF COMMITTEES: PARKS AM) PLAYGROU~S-GARRAGE REMOVAL; The committee appointed to tabular bids received for the installation of a complete new electrical system for the existing monorail hoist at the Roanoke Municipal Incinerator plant submitted the folloming report: "Roanoke, Va., October 14, 1965. To The City Council Roanoke. Yirginia Bids for modifying the ele~trical system on the monorail hoist at Roanoke"s Municipal Incinerator Plant mere opened and read before City Council at the m~eting on October Il, 1965. There were three contractors bidding, and the bids were separated into Proposals Nos. 1, 2 and 3, depending upon the make of power reel,to be furnished. Jefferson Electrical Company Mas the lowest contractor bidding in all three proposals: Proposal No. I ................. $15,469.00 Proposal No. 2 ................. 15,753.00 Proposal No. 3 ................. 14,27h.00 Of the three proposals, Proposal No. 3 with the Glea~on reels is the cheapest. Me have investigated this carefully and recommend that w~ secure the reels listed under Proposal No. I with the Industrial Electric Reels, amount $15,469.00, since they are recognized leaders in the field, make a high quality product, and sent representatives here and calculated our requireqents care- fully. The calendar days reqnired by the contractor to complete the ~ork was specified as 112, ~flich Includes the time required for delivery of Ilia*iRis and for making the application. This is in line with the time specified by Cross Electric Company's quotation. J. M. Murphy's quotation of 30 days was in error. Therefore, for the best interest of'the City, we recommend that the contract be awarded to Jefferson Electric Company, Proposal No. 1, alarm* $15,469.00. 'Respectfully submitted, S/ C. E. Pond C. E. Pond, Chairman V. S. Wheeler 371 372 and offered the folloming emergency Ordinance: (si6690) AN ORDINANCE providing for certain modifications of the ~leotricat system on the monorail hoist at the Cityts Huaiclpai Incinerator Plant; accepting · bid for performing said moth and awarding 8 contract therefor; reJectin! certain other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 442,) Hr. Pond moved the adoption of the Ordinance. The motion mas seconded by Hr. Wheeler and adopted by the following vote: AYES: Messrs. Gnrlando Jones, Pollard, Pond, Statler, Wheeler and Hayer Dillard .......................... 7. NAYS: None .................. O. DUSE$-SGHOOLS: Yhe committee appointed to sandy the question of bus transportation for students at Wa*draw Wilson Junior High School submitted the following report: *October lO, 1965 The Honorable Council of the City of Roanoke, Virginia Gentlemen: At your meeting of October Il, 1965, you referred to the under- signed committee the matter of bus transportation for pupils of Wa,draw Wilson Junior High School. Your committee has met and considered this matter, and the representatives of Safety Rotor Transit Company, Roanoke City School Board and the Parent-Teachers* Association have agreed to try to work out afl arrangement agreeable to all concernedt within the framework of the present rate schedule established by Council. Beginning October Iff, 1965, bus schedules will be rearranged on a trial basis in an attempt to arrive at a suitable conclusion. As soon as this trial is completed, your committee will submit a further report. Respectfully submitted, Si J. Robert Thomas J. Robert Thomas, Chairman SI Mrs. H. F. Carmack Mrs. B. F. Carmack S/ D. A. Thomas, Jr. O. A. Thomas S/ Richard P. Via Richard P. Via" Mr. Nheeler moved that the report be received, that the committee be continued and that Hr. Julian F. HOrst, City Manager, be appointed as Chairman of said committee in place of Mr. J. Robert Thomas, Acting City Manager. The motion was seconded by Mr. Pollard'and unanimously adopted. LIBRARIES: The Raleigh Court Branch Library Committee submitted the following report: "This committee received the final proposed plans for ih6 Raleigh Court Draach aa Nednesdcy, October 13t 1965. Raving considered the plans cod specifications and having beet notified that the City Manager bas received approval of the plans from the State Librarian, this committee recommends that the plans tad specifications be advertised for bids as soon es lhe City MinaRet has received certain additional statements of approval or necessary addenda, ell of which hare been applied for: 1. Approval by the Roanoke Public Library Board, 2. Approval by the City Engineering Dept. 3. Approval by the State Fire Marshall. 4. Rage determination rates from the Dept. of Labor as required In the State Librarlan*s letter of approval. S/ Robert A. Garland Robert A. Garland, Chairman SI J~e~ E. JgPe~ James E. Jones S/ Murray A. Stoller Hurray A. Stoller Sidney P. Chochle! S! Elis~beth R, Drear¥ Elisabeth M. Drewry S! EVanS B. Jesse¢ Evens D. Jessee Andrew H. Thompson' In this connection, the City Manager ~ubmitted a communication from the State Librarian, authorizing the City RanageF to advertise for bids when the new wnge determination is received. The City Manager also submitted a communication from the City Engineer outlining minor exceptions to the plans and specifications for the proposed Raleigh Court Branch Library. Mr, Garland moved that Council concur in the recommendation of the committee, that the City Manager be authorized to proceed to advertise for bids on the proposed new Raleigh Court Rranch Library as soon as the additional statement: of approval or necessary addenda have been recelved'and that the committee be ~ontlnnedo The motion mas seconded by Mr. Jones and unanimously adopted. UNFINISHED BUSINESS: ANNEXATIOn: Council having deferred action on the question of announcing the policy of the City of Roanoke On voluntary annexation, the matter was again before the body. Mr. Stoller moved that the City'Attorney be directed t~ prepare the proper measure Incorporating the policy of the City of Roanoke on voluntary annexation for cSnslderation by Council. Th~ motion was seconded by Mr. Pollard and unanimously adopted. COF~SIDERATION OF CLAIMS: NONE. X N~RODUCTION AND CONSIDERATION OF'ORDXNANCES AND RESOLUTIONS: AIRPORT: Ordinance No. 16593, accepting the proposai of the Carolina Parking System for operating the automobile parking lot at Roanoke Municipal 373 374 (Ye,drum) Airport, hiving previously been before Council for its flrtt rezdizg, read and lnid over, uts zgnin before the body; ah,read,n, Mr. St,tier offered the f,Il,ming for its aec,ad rendin~ and final zdnptiou: (u16693) A~ ORDIttA~CE accepting the pr,p,ssi of O. Stanley Smitht Jr** doing business as Carolina Parking System, f6r operating the automobile parking lot st Roanoke Munfeipzl (W,,drum) Airport £or u term of three (3) years, upon certain terms and conditions: authorizing the proper City officials to execute a reguisite lense; nad rejecting all other bids. (For full text of Ordinance, see Ordinnnce Rook ~o. 28, pnge 440.) My. St,lieF moved the adoption of the Ordinance. The motion nns seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Usyor Dillard .......................... 7. NAYS: None .................. O. In this connection, Mr. Pollard offered the following Resolution providlw for the interim operation of the parking lot: (n16699) A RESOLUTION providing for an interim operation of the nut,m,bi parking lot at Roanoke Municipal (M,,drum) Airport. (For full text of Resolution, see Resolution B6ok No. 26, page 444.) Mr. Pollard moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Gnrlandt Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .......................... 7. NAYS: None ..................O. SCHOOLS: Council having referred a Resolution providing for school-type flashing traffic signals and traffic signals in connection with the Day-CaFe Center to be operated by Total Action Against Poverty in Roanoke Yalle~ at ?02 Shenandoah Avenue, N. W., back to the City Attorney for preparation of the proper measure authorizing two crossing guards, the wearing of appropriate uniforms by said guards at the expense of TAP and the erection of the school-type flashing traffic signals, he presented same; whereupon, Mr. St,Ilar offered the following Resolution author- izing the installation of the school-type flashing traffic control signals: (~lb?O0) A RESOLUTION authorizing the provision of certain traffic control signal devices on Shenandoah Avenue, ~. W., at the intersections of and between ?th Street, N. Wo, and 6th Street, N. W.. necessary in connection with a certain project undertaken pursuant to the Economic Opportunity Act of 1964. (For full text of Resolution, see Resolution Book No. 28, page 444.) Mr. St,lief moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the following vote: AYRS: Messrs. Garland, Jones, Pollard, Pond, St,lieF, Wheeler and Mayor Dillard ......................... ~AYS: None ..................o. mammas Mr. Stoller then offered the foil.ming emergency Ordinance transferring $1,100 from th'e Contingency Fund to provide for the installation of the signals: (#16701) AN ORDINANCE to amend and reordaln Section sSI, 'Traffic Engioeeriag and Communications,' nnd Section s166, "Contingencies;' of the 1965-66 Appropriation Ordinnnce, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 445.) · Mr. Stoller moved the adoption of the Ordinance. The motion mas seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, Stoller, Rheeler and Mayor Dillard ...... ~ ................... 7. NAYS: None .................. O. Mr. Stoller offered the fol~ouing emergency Ordinance approving the appointment of the two crossing guards and the wearing of appropriate uniforms by said guards: (a16702) AN ORDINANCE approving the appointment of two (2) persons as special police officers to supervise vehicular and pedestrian traffic on a portion of Shenandoah Avenue, N. N.; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 28, page 446.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the foil.ming vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stollert'Rheeler and NAYS: None ........................... In this connection, Council having deferred action on appropriating the share of the City of Roanoke for the operation Of the TAP Program until the actual amount is determined, the City Manager submitted the following report of the Acting City Manager; 'Roanoke, Virginia October lO, 1965 To the City Council Roanoke, Virginia Gentlemen: Miss Bernice F. Jones, Director of Nelfare, advises that her investigation into the agreement between the City and the Total Action Against Poverty program indicates that the total local sh~re for the City of Roanoke in the cost in connection with the present program is'$3,665.52, befog 54 per cent of the total local share of $6700. The City has of this date transferred property valued at $259.50 to the program, which will reduce the remaining contri- bution of the City to $3,407.02. X recommend that this amount be appropriated to the welfare department for the TAP program; however, since the localities may furnish their contribution in rash, equipment, supplies or services, there may be further redoctioos from the cash *.be transferred to the organization, in which event there mould remain unexpended funds in the appropriation. Respectfully submitted, S/ J. Robert Thomas Acting City Manager* 375 376 Mr, Stoller moved that Council concur in the recommendation of the City Manager nad orr.red the folloulag emergency Ordinance transferring $3,407.02 rron the Coating.nos Food: (s16703) AN ORDINANCE to amend and reordalo Section 852, 'Public Assistance,u and Section '166, mContiagencles** of the 1965-66 Appropriation Ordinance, mad providing for an emergency. (For full text of Ordinnnce, see Ordinance Book No. 28, page44?.! Mr. Stoller moved the adoption of the Ordinance. The motion nas segonded by Mr. Pond and adopted by the fol~omiag vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard .......................... ?. NAYS: None .................. O. BUDGEY-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vacancies in ration! m~nicipal departments since they are of an emergency nature, he presented same; abet.upon, Mr. Stoller offered the following Resolution: (z16704) A RESOLUTION authorizing the City Manager to employ certain (For full text of Resolutiono see Resolution Book No. 2B, page 447.) Mr. Stoller moved the adoption of the Resolution. The motion mas seconded by Mr. Pollard and adopted b? the following,vote: AYES: #.sirs. Garland, Jones, Pollard, Pond, Stoller, Wheeler ccd Mayor Dillard ......................... 7. NAYS: None .................. O. TRAFFIC: Council having directed the City Attorney to prepare the proper measure approving the removal of two parking meters on the south side of the 300 block of Salem Avenue, S. ~., in order to establish a loading.zone In front of Old Dominion Services, 340 Salem Avenue, S. N., he presented same; whereupon, Mr. Wheeler offered the following Resolution: (#16705) A RESOLUTION approving the removal of two (2) parking meters. (For full text of Resolution, see Resolution Book NO.;2B, page 448.) Mr. Mheeler moved the adoption of the Resolution. The motion was secondec by Mr. Pollard and adopted by the following vote: AYES: Hessrs. Garland, Jones, Pollard, Pond, StolleF, Wheeler and (u16706) AN ORDIWAWCE ·nth*firing the soquisition of · cortuJ· parcel~ of l·nd needed for the Clty*s St·ne Route No.~ 59g~ Project, upon certzin terms and co·ditions; znd providing rot an emergency. (For full text or Ordinance, see Ordinance Dooh No, 20, p·ge 449.) Mr. Stoller moved the ·doption of the Ordin·zce. The motion ubs seconded by Mr. Mheeler and ·dopted by the following vote: AYES: Messrs. G·rl·nd, Jones, Pollard, Pond, St*lief, Rheeler and Mayor Dillard ......................... WAYS: None .................. O. AIRPOR{: Council having directed the City Attorney to prepare the proper measure authorizing the issuance of · permit to M 60 Air-Worh to operzte nn · ircraft from Roanoke Municipal (#oodrnm) Airport rot the purposes of banner towingt aerial photography and aerial patrol, he presented same; uhereupon, Mr. St*liar offered the following Resolution: (#16707) A R£SOLUTION consenting to the issuance of a permit to M & 0 Air-Work to conduct cart·in business operations at Roanoke Municipal Airport. (For full text of Resolution, see Resolution Book No. 28, page 450.) Mr. St*lieF moved the adoption of the Resolution. The motion was seconded by Hr. Mheeler and ·dopted by the following vote: AYES: MeSSFSo Garland, Jones, Pollard, Pond, St*lief, Wheeler and Mayor Dillard .......................... 7. NAYS: None .................. O. CiTY MANAGER: Council having directed the City Attorney to prepare the proper measure commending Mr. J. Robert Thomas, City Auditor, for services rendered ns Acting City Manager during the period from August 31, 1965, to October 15, 1965, he presented same; Nh,reap*n, Mayor Dillard relinquished the Chair and offered the following Resolution: (=16708) A RESOLUTION commending Mr. J. Robert Thomas, City Auditor, for his services as the Acting City Manager. (For full text of Resolution, see Resolution Book No. 2H, page 450.) Mayor Dill·rd moved the adoption of the Resolution. The motion was secom by Mr. St*lieF and adopted by the following vote: AYES: Messrs. Dillard, Garland, Jones, Pollard, Pond, St*lief and Vice Mayor Wheeler ....................... 7. NAYS: None .................... O. MOTIONS AND MISCELLANEOUS BUSIWE~S: WATRR DEpARTMR~: Mr. A. S. Brown appeared before Council and presented a petition signedby g? residents of the Boxley Hills Subdivision in Roanoke County, protesting a 100~ increase io their water rates and making the increase retroactive to the months of July, August and September instead of on and after October 1, 1965, 377 '378 Hr. Broen being advised that the effective date of the increase la enter rates is ne adutnistrntire matter, Hr, Stoller moved that Council express sympathy and that the petition be flied., The motion mas seconded by Hr. Pollard nad unanimously adopted. LIBRARIES: The City Clerk reported that Mro Laurence R. Noell has qualified as · member of the Sonnohe Pebllc Library Board to fill the unexpired term of the Reverend Harold E. Helms, resigned, ending June. 30, 1968. On .orion of Hr. Garland, seconded by Br. Jones nnd unanimously adopted. the report was filed. On motion of Hr. Jones, seconded bi Hr. Garland and unanimously adopted, the meeting nas adjourned. APPROVED ATTEST: fl 379 COUNCIL; REGULAR MEETING, Monday, Octobe~ 25, 1~65, The Co#ocli of the City of neonate met la regular mootiog in .tho Council Cksnber la the Mnlicipll Building, Moodsy, October 25, 1965, nt 2 p.m., the regular westair hour, nith Mayor Dillard presiding, PRESEll: Couucilmeo Robert A. 6nrllad, JIBes E. Jones, Roy Ro Pollard, Sr Clarence E. Pond, Mnrrny A, Stoller, Vincent $. Wheeler nnd Mayor Benton O. Dillard ................................. ?. AOSENT: None ................. OFFICERS PRESENT: Mr. Julian F. Hirst, City Manager, Mr. Janes N. Kincnnol City Attorney, nnd Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting wis opened math i prayer by the Reverend John F. Eberman, Associate Pastor, St. John's Eplscopnl Church. At this point, Mayor Dillard called attention to the death Of the Reverend C. M. K~ , Director of development of the Friendship Manor Church of the Brethren Howe for the Aged, on October 22, 1965, and requested thnt a silent moment of prayer be observed in memory of the Reverend Key. MINU~ES: Copies of the minutes Of the regular meetiug held on Monday, September 20, 1965, and the special meeting held on Wednesday, 5e@tewber having been furnished each member of Council, on motion of Mr. Rheeler, seconded by Hr. Pollard and unanimously adopted, the reading thereof nas dispensed with amd the minutes approved o$ recorded. REARING OF CXTIZENS UPON PUBLIC MATTERS~ SEWERS AND STORM DRAINS: Pursuant to notice Of advertisement for bids on the construction Of an B-inch sanitary sewer on Gordon Avenue, S. E** betweefl Sennington Street and Sixteenth Street, said proposals to be received by the City Clerk' until 1:30 p.m** Monday, October 25, 1~65, and to be opened at 2 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 openin~ of the bids; whereupon, the City Clerk opened and rend bids received from Hudgins and Pace in the amount of $9,466.?$ and Draper Construction Company 'in the amount Of Mr. Staling moved that the bids be referred to a committee to be appointed by the Mayor for ssa'dy, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation Of the committee. The motion nas seconded by Mr. Jones and unanimously adopted. Mayor Dillard appointed Messrs. Clarence E. Pond, Chairman, Julian F. Hlr] end H. Cleans Broyles ns members Of the committee. STREETS AND ALL£YS-SXDEWALK, CURS AND GUTTER: Pursuant to notice of advertisement for bids on street widening and improvements on Bnllitt Avenue, First 38O Street ced Day Avenne. 5. H., said propoocln to be received by the City Clerk snail 1:30 p.m., Hoedey, Ock0ber 25, 1965, etd to be opened et 2 p.¢., before Couecil, Mayo Dillard asked if sn~oee hod on! quesk~ono about the edvertisemento nad mo representa- tive present rainier uny qeeflloe, the Mayor instructed thc City Cler~ ko proceed uith the opening.or the bids~ mhereepoo, the City Clerk opened o~d read bids received from S. R. ~reper Paviog Coupeuy, Incorporated, in the amount of $16,564.20, aed,H. & S, Constrnetioe Coupsny,.in the amount of $20,113.50.' Hr. Nheeler moved them khe bids be referred to o committee to be appointed by the Mayor for study, report and recommendation ko Council, the City Attorney to prepare the proper u~esu~e Jo accordance uith the recomnendetJon of the committee The motion wes seconded by Mr. Smaller and.unanimously adopted. Mayor Dillard appointed Messrs. Clarence £. Pond,.Chairasn, Julian F. HOrs and H. Cletus flroyles ns nembers of the comuittee. HEALTH DE FARTMENT: Pursuant to notice of advertisement for bids on reuode] lng e portion n! the Doenoke City Health Deportment to cover a e renovation of the vacant space at the Health Center for use of the Consultation and Evaluation Clinic. Mayor Dillard asked if anyone had any questions about the ndvertiseuent, and no representative present raising any question, the Mayor instructed the City Cler~ to ~roceed witht~ opening Of the bids; uhereupon, the City Cl~rk opened and read the follauing bids: * Hodges Lumber Corporation - $4,894.00 Crutchlom Construction Company, Incorporated - 5.990.00 Southwest Building Corporation - 6,?77.00 . Allied Construction Co=pany - 7,476.00 Mr. StolJer moved that the bids be re;erred to a committee to be appointed by the Mayor for study, report and recomuendatinn to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee. The motion mas seconded by Mr. Fond and unanimously adopted. Mayor Dillard appointed Messrs. Clarence E. Pond. Chairman. Julian F. HOrst and D. Cletus Droyles as members of the committee. FUEL 0IL: Pursuant to notice of advertisement for bids on furnishing the fuel oil requirements of the City of Roanoke for the period from November 1, through October 31, 1966, said proposals tn be received bl the City Clerk until 1:30 p.m., Monday, October 25. 1965, and to he opened at 2 p.a.. before Council, Mayor Dillard asked if anyone had any questions about the advertisement. In this connection, Mr. C. F. Hartman, representing the Gulf Oil Corpora- tion, advised Council that due to a misunderstanding as to the deadline for subuitt- lng bids the bid of his company was submitted after the deadline of 1:30 stipulated in the legal advertisement for M ds, and requested that the bid be received. Council being of the opinion that in tiew of the legal advertisemen~ for bids the bid of the GnI~ 011 Company cannot he received, and Mayor Dillard voicing opinion that in the future the deadline for receiving bids to be opened before the ,! body st its day meetiogs should be 2 p.~., Br. Smaller moved that the proposal of the Golf Oil Company not be accepted, The motion mss seconded by Mr, Pollard sad unanimously adopted. Mayor Mlllurd then instructed the City Clerk to proceed math'the opeu~ng of the bids: whereupon, the City Clerk opened and read the folloulug bids: No. I NO. 2 No. $ Bidder Met ,Net Nat Americas Oil Company .limo .1070 Sinclair Refining Company .1180 .IO?§ Whiting Oil Company .1219 .1094 The Pure Oil Company ,1250 Andrews, Pitzer, Butler Fuel 011 Corporation - ,1400 .1220 .0040 Mumble Oil and Reflnin9 Company - .14TO .1295 Mr. Stoller moved that the bids be referred to a committee to be nppointe by the Mayor for tobu~ tiaa, report nad recommendation to Council, the City Attorney to prepare the proper measure, or measures, in accordance with the recommendation of the committee. The motion ~nr seconded by Mr. Pond and unanimously adopted. Mayor Dillard appointed Messrs. Roy R. Pollard, Sr., Chairman, Murray Stoller and Julian F. Mirst as members of the committee. PETITIONS AND COMMUNICATIONS: CITY MARKET: A petition signed by 25 tenants of the Roano&e City Market Millding and a petition signed by 53 farmers and merchants of the Romoke City Market requesting that deep consideration be given to appointing MFo Donald R. Assistant Clerk of the Market, as Clerk of the Market to succeed Mr. Russell On motion of Mr. S~ liar, seconded by Mr. Wheeler and unanimously adopted, the petitions were referred to the City Manager for his information. REFUNDS AND REBATES-LICENSES: A communication from Mr. Everett J. Miles requesting that he be relieved of payment Of the second installment of license taxes on the dance hall portion of a business operated by him at 5010 Williomson Road, N. E., through late June, 1965, mas before Council. Mr. Smaller moved that the request be referred to a committee .composed of Messrs. James N. Klncanon, Chairman, Charles R. Lescure and Julian F. Hirst for study and report to Council. REFUNDS AND REBATES-LICENSES: A communication from Mr. W. C. Triplett, requesting ~hot he be refunded $127.92, representing a portion of the retail merchants license taxes for 1960 on the operation of a service station ut 1106 Mllliamson Road, N. E** was before Council. Mr. Stoller moved that the request be referred to o committee composed of Messrs. James N, Kiueanon, Chairman, Charles R. Lescure and Julian F. Birst for study and report to Couecil, said study to include the question of the statute of limitation. The motion was seconded by Mr. Wheeler and unanimously adopted. 382 REPORTS OF OFFICERS: BUDGET-FAY I~.AN: The City Munuger submitted the followiug report, Jug that he be authorized to fill certain vacancies in various muuicipul departments since they ute of an emergeucy suture: 'Roanoke, Virginia October 25, 1965 To the City Co~ncil Rounohe, Virgiulu Gentlewen: Authority is hereby requested to fill the following vacancies: Traffl~ Englneerln9 ~ Cowwunlcatlona - Telephone Operator, Group 16 Refuse Collection ~ Disposal Division - 5 Disposal Laborers Group Street Repair - 3 Street Crew Helpers.'Group9 Sewer ~ Drain Construction - I Street Crew Helper, Group Sewer Maintenance - I Street Crew Helper, Group 9 Garage - I Service Assistant, Group 6 City Physician's office - Social Worker, Group I0 Detention Home - Janitor, Group 20 Respectfully submitted, S/ Julian F. Hirst City Manager" Mr. Stoller moved that Council concur in the recommendations of the City ~anager and that the matter be referred to th~ City Attorney for preparation of the proper measure. The notion ~us seconded by Mr. Jones' and unanimously adopted. FIRE DEPART#ENT: The City Wanager ~ubmitted u written report, advising that Mr. Harry A. Shaver, a member of the Fire Department, was injured in line of duty on August 21, 1965. that payment of his regular salary expired on October 19, 1965, and recommended that Mr. Shaver be 9ranted an additional sixty days sick leave with pay. Mr. Stoller moved that Council concur in the reeom~endation 'of the City Ranager and offered the follouing R~solution: (=16709) A RESOLUTION authorizing and directing that Barry A. Shaver, an injured member of the Fire Department, be paid his regulur salary for u period not exceeding sixty (60) days commencing October 20, 1965. (For full text of Resolution, see Resolution Rook No. 28, page' 451.) Hr. Stoller moved the adoption of the Resolution. Th~ motion was seconde by Nr. Fond and adopted by the following vote: · AYES: Wessrs. Garland, Jones, Pollard, Pond, Stoller~ Wheeler and Wayor Dillard ......................................... NAYS: None .................. ~ ........ O. SCHOOLS: The City Manager submitted the following report mith regard to the participation of the City of Roanoke in Program Development, developed and undertaken by Total Action Against Poverty in Roanoke Valley pursuant to the Economic Opportunity Act of 1964, end the qnestion of the basis of certain p!~ces of furniture which have been placed in the TAP office by the City of Roanoke: 'Roanoke, ¥1rgiuio *October%25, To tke City Coulcil Roanoke, Virginia Gentlemen: The attached ~tter dated October 21, 1965, frae Miss Derulce, F, Jones, Director of Public Melfore, conceruiug the Total Action Against Poverty Program, is rornnrded for Infatuation, The Council will note that oue question Is mimed by Miss Jones, relating to the furniture thfl has been placed by the City In the TAP office. The question is as to abe(bet It ia the iuteut that. this furniture be un · loan bus(o, In nhich cnne there cnn be no deduction against the City*a ubor~ rot it, or whether it ia to be on 8 rental basis, in nh(ch case on nllounnce can be unde nnd · new roroulu derived. The Council will note that the distribution of opernting expenses, ns submitted, is In accordance with the 1960 offlcinl population or the three governmental Jurisdictions. The remainder of the letter ia ns information; and it is Intended, from tine to time, to advise Council with respect to the program, even though in some instances specific action uny not be necessary. Respectfully submitted, $/ Julian F. Rlrst City Manager" In this connection, the City Manager also submitted the follow(n9 comuunJcntion from the Director of Public Melfare as referred to in his report: 'Dote: October 21, 1965 To: Hr. Julian F. Rirst, Cit~ Manager From: Bernice F. Jones, Director of ~elfare Re: ~up~leuentnl Information; TAP Program At the direction of Mr. J. Robert Thomas. I have secured additional information about the TAP Program and now wish ~ submit it. As explained in my letter under date of October 15o 1965. there are two parts to the program: (1) Community Action Program (later referred to as Program D~velopment) and (2) the Day Care Center School. The first one in~e~program (VA-CAP =2058, Couponent 6.1) in which the three localities ~ere in opera((ann1 expenses ($6,?~8) on u population basis. This means according to the 1960 census they will share on the following percentages and in the following nmou~ s: Locality 1960 Poculntio~ Percentage Amount Roanoke City, 97,110 55.33 $3,755.80 Roanoke County 61.693 35.15 2,385.98 Botetonrt County 16.715 9.52 646-2~, $6,T8B.O0 Certain pieces of furniture have been placed in the TAP office by Roanoke City. The question has arisen as to whether this furniture in an~out~right gift, whether it is on loan or ehether it is rental property. Will yon please ask City Council to wake a definite statement? If the furniture is a ~ift then its appraised value may be deducted from Roanoke City*s share of the operational cost. The TAP office has had a representative of ulocnl off.ice supply store appraise the furniture and he has listed it ns $258.50. As I understand itt if the furniture is there on a loan basis, no deduction from Roanoke'City's share can be wade. If it is there on a rental basis, it will be necessary to get n new appraisal and arrive at a new formula for purp6ses of deducting the value from the share. 383 ~384 The eecoud pert of the progrsw Is the Dey Csre Cutter School eed eo feuds ere belle Inked from the three locelitiee (Counties of Roenoko end Botetourt dud City of Roanoke), Fends for this progreu ere Federal. I hope this leforwetion, along with that previously stbuittedo is sefficient to now prepare u resolution for City Council°t coenidere- tiaa. S/ Bernice F. Jones' Council being of the opinion then the furniture shoeld be u donation le hind, Hr. Stoller Bayed then the wetter be referred to the Cit7 Attorney for prepara- tion of the.proper measure. The motion wan seconded by#r. Pollard end unanimously adopted. Hr. Stoller then moved that the City Attorney be directed to prepare the proper measure approving the participation of the City of Roenoke in the Coouuuity Action Prograw. The motion wes seconded by Mr. Wheeler end unanimously adopted. STREETS AND ALLEYS: Council baying referred e recommendation of the former City Homager that the City of Roanoke accept certain streets in the Roanoke lndustria Center es public thoroughfares, back to the City Manager for n detailed study nad preparation of a map shaming the metes and bounds of the streets to be dedicated aa public thoroughfares, the City Manager submitted a written report, transmitting the following communication from the City Engineer: -"October 21. 1965 TO: Mr. Julian F. Rivet, City Manager FROR: Milllam F. Clarh. City Engineer SUBJECT: Proposed Street Dedications Roanoke Industrial Center Early in 1964, officials of the Roanoke Industrial Center (property formerly occupied by American Viscose Corporation) approached the City with a proposal that they donate to the City certain bridges, romps, streets and roads through their property for use as public thoroughfares. Althoug~ privately owned and maintained, and so posted, many of the general public do use these facilities as e connection betueen Riverland Road and Ninth Street, S. E. At its meeting on November 9, 1964, City Council requested a detailed study and preparation of a map shaming by proper metes and bounds the certain rights of way involved. Attached please find copy of n pisa showing the requested information. This layout is in heeptin9 with the wishes of Industrial Center representatives, with whom numerous meetings have been held. We are proposinge new fifty-foot (50) right of nay he,inning et Riverland Road, extending approximately 1700 feet northerly through the present paved parking area and includin9 the bridge over the Roanoke River. Although not following exactly the present traveled way, ~ls location allows for a more desirable future alignme6t. Along the north side of the property we are proposing a right of way of sufficient width to accomodate the present loop and ramp up to the Ninth Street bridge over the Norfolk nnd #astern Railway. The bridge itself is also owned by the Industrial Center, and their agreement, with the Railway mill have to be transferred to the City or renegotiated; it currently incl'udes obligation for ell maintenance. Allowance. in also mode for the future extension of Industry Avenue by including a seventy-foot (70) right of uny to the easterly " limit of the property. Part of this latter area ~is non ouned by Noland Jackson Realty Company; Mr. Jackson iu reported to look favorably on this proposal, All structures within this proposal ere reported to be ia sound condition and in need of no more than routine maintenance. If ut sane future time the City should decide to construct c aeu bridge over the BaJluay aa as to provide · more direct align- went ned connection between Ninth Street and the River Bridge, ue 'have bee· assured that there mill be ·o difficulty Ja working out additicoal right of uny with the Industrial Center, If City Council chooses to go shead with the acceptsnce of these right or uny dedications, se will cowplete o finslized plot sad descriptlon~for use by the City Attorney iu preparing the necessary docuaeutu. APPROVEDI S/ Hi Cletus Broyles H. Cleans B~ylea= After · discussion of the question. Hr. Stoller moved thus the mutter be referred to the City Attorney to prepare the proper measure accepting the right o! uny dedications, including laud adjacent to Riverlund Rood. S. E., ·nd that the City Manager be directed to ascertain if the Virginia Department of Highways mill contribute funds touard the construction of · new street and bridge, The motion mas seconded by Mr. Wheeler and unanimously adopted. PARKS AND PLAYGROUNDS: Council having referred the matter of providing toilet facilities along Wiley Drive to t~ City Manager for an estimate of t~e cost, the City Manager submitted · written report, transmitting the following communica- tion from the City Engineer: "October 20, 1965 · TO: Mr. Julian F. flirst, City Manager PROM: William F. Cltrk, City £ngineer SUBJECT: Proposed Restroom F~cilities R, H, Smith Park At its regular meeting of August 23, 1965, City Council reqlested that · plan and cost estimate be prepared for restroom facilities alan9 Wiley Drive in S~ith Park. He have prepared two (2) schemes, shetches of mhich are attached..The smaller shetch offers two (2) choices of reatroows only; wh would estimate either of t~ese structures to be in the price range of $6,$00 - $7,000. The lorg~ shetch shams a proposed complete park shelter. This plan iS similar to the facility recently cowpleted in Golden Park, bouever, it suggests brick columns rather than wooden arches to minimize maintenance and Vendelism; me would estimate this structure to be in the price range of $12.500 - $13,000. As · location for these facilities we mould suggest · spot on the east side:of Wiley Drive approximately 100 feet upstream from the R. D. Smith Memorial; therels · clearing about 100 feet off Of the roaduay and utilities would he reasonably available. Also attached pleasefind memorandum from Mr. Rex Mitchell, Director of Parks nod Recreation, with his recemmendation concern- this matter. If Council so chooses, me could complete plans and advertise for bids mithin approximately three (3) weeks time. APPROVED: S/ R~ Cletus Oroyles H. Cletua Droyles* After o discussion of-the question, Mr. Poll·rd moved that the matter be referred back to the City Manager for the purpose of eecertainin9 whether or not federal aid can be obtained for a complete park shelter in the Robert Hall Smith Park, The motion u·s seconded by Mr. Stoller and unanimously adopted. REpORTS: The City Manager submitted · written report, transmitting · report of the Department of Public Welfare for the month of August, 1965, and lists other monthly departmental reports on file in his office. Mr. Stoller moved that the repo~t be received and filed. The motion Seconded by Mr. Pond end unanimously adopted. . 385 386 AUDITS-SCHOOLS: Council having directed the City Auditor to faforu Couscil mbeo the comments of Aadrems, Barker and Company On aa examination of the accounts and tlnanciol records of the Roanoke City School Hoard for lO months ended June 30, 1965, with reg*~d to disburseueats end purchasing procedures and old outstanding warrants, have been iwplemeated, the City Audllor sobmitled the folloulog report: 'October 20. 1965 The Honorable Council of the City of Roanoke, Virginia 6eotlemen: With reference lo the report of Andrews, Barker end Company coveriig an examination of the accounts and financial records or the Roanoke City School Hoard for eighteen months ending June 30, 1965, and with particular reference lo the comuenta conloined on the last page of'sold report. I hove met with the School Board and gone'afar the questions involved. Hith reference to the couments on Olsburaeuents and. Purchasing Procedures mhich dealt with fulling to have contracts for four non-degree teachers and uith occasional purchases being made prior tO issuance of purchase orders therefor, the School Hoard has directed its officers to comply mith the rules and regulations of the School'Board sod the lams. with reference to the comment on Old Outstanding Warrants, this is not a problem peculiar to the School Account only but applies to mil accounts of the City, As ;l advised the Council at its meeting of October 11. this entire matter is being studied and us soon as time permits, the City Attorney will be ested for an opinion concerning the legality of establishing o period during which such murrunts mill be honored. At that time, it is my inten- tion to bring the matter to the Council for legislative action. NJtb reference to the comment on the bottom of Exhibit B of the Audit Report concerning $9,4q0,50 from the Capital Improvement Fend, this comment was made in error and should be struck from the report. Tau mill recall that there mere a considerable number of changes made in the School Hoord*s accounting procedures and its operating policies based upon the recommendations of this office on April 29, 1964, and subsequently ayproved by the Council and the School Hoard. In my judgment, the-number of exceptions noted in the Audit Report to these policies is minimal and indicates that the School personnel has done remarkably nell in implementing the procedural changes covered by the new School Hoard policies which have been in effect less than one year. I think the School Board and its officials ~hould be commended for their diligence in patton9 the nam procedures into effect and their almost perfect adherence thereto. Very truly yours, S/ J. Robert Thomas City Auditor# On motion of Mr. Stoller, seconded by Mr. Pollard and unueiuously adopted, the report was received and filed. CITY AUDITOR: The City Auditor submitted a financial report of the City of Roanoke for the month of September, 1965. On motion of Mr. Stoller, seconded by Mr. Wheeler and unuelmously adopted, the report was received and filed. CITY AUDITOR: The City Auditor submitted a financial report of the City of Roanoke, Virginia, for the fiscal year ended June 30, 1965. On motion of Mr. Stoller, seconded by Yr. Pollard and unanimously adopted, the report mum received end filed. ZONING: Council hiving referred to the City Planning Commission for study, report smd recommendation tbs reqsest of the HcCisugherW Effete that property located on the north side of Brsndon Avenseo S. M., *sst of Mindsor Avenue, described ss Lots 1-6, inclusive, fllock 6, Strntford Court, Official Tax Nos. 1250701-1250706, inclusive, sad a O.6$S-scre tract of lord extending north from the rear of Lo1 6, east of Murrsy Ruso designated Reserve, Official Tsx No. 125070?o be resorted from General Residence District to Business District, the City Planning CommJssio~ submitted a mritten report, recommending that the request be granted. After a discussion ns to the'earliest feasible date for o public hearing on the matter, #r. Stoller mooed that the public hearing be held st 2 p.m., November 22, 1965. The motion wes seconded by Mr. Mheeler and unanimously adopted. ZONING: Council having referred to the City Planning Commission for report and recommendation the request of The Kroger Company, ~st property iocsted on the south side of Bailiff Avenue, $. E., between Ninth Street and Eleventh Street, described es Lots 12 sad 13, Block 26, Belmont Land Company, Official Tax Nos. 4121410 nad 4121411, be rezoned from General Residence DistFlct to Business District the City Planning Commission suhmlLted a written report, recommending that the request be granted. Mr. Mheeler mooed that a public hearing on the mutter he held at 2 November 22, 1965. The motion mas seconded by Hr. Stoller end unanimously adopted. S~RKEYS AND ALLEYS: Council having referred to the City Plannin9 Commission for study, report and recommendation the request of The Kroger Company that the portion of 8n alley running in a north-south direction through Block 26, Belmont Land Company. from its intersection with the south side of Bailiff Avenue. S..E., in u southerly direction a distance of 225.62 feet. more or less, to the southwesterly corner of Lot 12, Block 26, Belmont Land Company, be vacated, discon- tinued and closed, the City Planning Commission submitted a written report, recom- mending that the request be granted. Council having appointed viewers in connection with the application, the vieners submitted e written report, advising that they sre unaninously of the opini¢ no inconvenience mould result either to any individual or to the public from vscetin discontinuing and closing said alley. Mr. Mheeler moved that a public bearing on the matter he held at 2 p.m.. November 22, 1965. The motion uss seconded by Mr. Pollard and unanimously adopted. REPORTS OF COMMITTEES: MATER DEPARTMENT: The committee appointed to study the bid of H ~ B Plumbing and Heating Company for the installation of a 100 G.p.M. Pump in the Chapel Forest Pumping Station submitted the following're~ort: .... 'OCtober 13, 1965 To: Council of the City of Roanoke Your committee has met and reviewed the bid of H ~ H Plumbing and Beating Company in the amount of $3,769.28 on furnishing end installing e 100 G.P.M. Pump in the present C~upel Forest Pumping Station. We recommend that this bid be accepted sad the contract be ausrded to H ~ B Plumbing and Heating Company ss their bid is considerably loser than the estimate ~ the City of Roanoke q~ter Department for doing the work nith City forces. '387 3'88 Mespectflll7 submitted. S! J~ Robert Thomas J, Roberk Thames, Chairmen S! See P, Weems Sam P. Ueems S/, Joseph A~ Broqee Joseph A. Brogan' #r, Pollnrd moved that Council concur ia the recommeadntJon of the cnomittee, and offered the follouing emergency Ordinance: (=16710) AN ORDINANCK providing for the lnstelletion of e lO0 G.P.M. Pump in the City's Chapel Forest Pumping Station; accepting a bid made for the installation thereof and euerdiag a contrect: and ~oviding for en emergency. (For full text of Ordinance, see Ordinance Book NO. 28, page 452.} Mr. Pollard moved the adoption of the Ordinance, The uotio~ was seconded by Mr. Pond and adopted by the follouing rote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ......................................... T. NAYS: None ...........................O. RECREATION OEPART#ENT-PARKS AND PLAYGROUNDS: The committee eppointed to tabulate bids received on enclosing the existing Thrasher Park Shelter submitted the following report: "October 21, 1965 To the City Council Roanoke, Virginie Gentlemen: Bids were opened end read before City Council at its regular meeting on Monday, October lB, 1965, for enclosing the existing Thrasher park Shelter. FolloWing is n tabulation of bids received: Bays Construction Company, lac. = $4,450.00 Regional Construction Services, Inc. = $4,476.00 Hodges Lumber Corporation = $4,636.00 Allied Cohstruction Company = $4,?74.0~ As cnn be seen, the lan bid wan submitted by Days Construction Company. Inc. of Salem, Virginia. They have been contacted and appear to full7 understand the construction proposed, and would be expected to provide the City with a very satisfactory Job. The sum of $3,000 mss appropriated in the 1965-66 budget-for this 9xpense. It is hereby recommended that a contract be emnrded to Bays Construction Company in th'e amount of $4,450.O0,-and that the additional sun of $1,464.00 be appropriated to cover the bolnnce of the contract end advertising costs. The Engineer*s ~ estimate for this work mas $4,900.00. APPROVED: S/ Clarence E, Pond Clarence E. Pond, ~hn~rman APPROVEB: S~ Julian Ft Hirst~ Julian F. Hirst, City Manager APPROVED: S~ H. V. Robinson H. V. Robinson, President Southeast Civic League' Hr. Pood movad that Council concur in the recotmendatioe of the coeuittee and offered the follouleg eaergeecy Ordinance accepting the proposal of Days COlstractiol Couposye Incorporated: (~16711) AN OMOINANCE providing for the enclosing of the existing Thruske~ Park Shelter and certain related improvements thereto: accepting e bid Bode to the City for constructing sold improvements and rejecting all other bids: authorizing tho execution of o contract with the successful bidder~ and providing rot on emergency. (For rail text of Ordinance, see O~dinance Book No. 28° page 453.) Mr. Pond moved the adoption of.the Ordinance. The notion nas seconded by Mr. Stoller and adopted by the fail.lng rote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Uheeler and Mayor Dillard ......................................... 7. NAYS: None ...........................O. Mr. Pond then offered the following emergency Ordinance transferring $1,464 from the Contingency Fund: (#16712) AN ORDINANCE to amend and reordain Section =16h, 'Contingencies, and Section ~170, 'Capital,' of the 19h6-66 Appropriation Ordinance, and providing for on emergency. (For full text of Ordinance, see Ordinance Book No. 26, page 454.) Mr. Pond moved the adoption of the Ordinance. The motion nas seconded by ar. Stoller and adopted by the follouin9 rote: AYES: Messrs. Garland, Jones, Pollard. Pond, Stoller, Nheeler and Mayor Dillard ......................................... 7. NAYS: None~ ..........................O. UNFINISHED BUSINESS: PENSIONS: Council having appointed a committee composed of Res'sra. Murray A. Stoller, Chairman. Benton O. Dillard, James E. Jones and J. Robert Thomas to study the question of placing city employees under Social Security. as well os the Employees' Retirement System of the City of Roanoke. Virginia. and having referred to the City Attorney for preparation of the proper measure a proposal of Mr Stoller that the city consult its actuary to determine the advisability and costs to bring members of the Employees' Retirement System under Social Security the matte was again before the body, Mr. Stoller presenting the following communication from Mr. George B. Back, Consulting Actuary: - 'September 10, 1965 Mr. J. Robert Thomas, Ctt~ Auditor- Employees' Retirement Syste~ of the City of Roanoke p.O. Box 735, Roanoke, Virginia 24011 Dear Mr. Thomas: I am writing in regard to the request you made of Mr. Gaines that we indicate the actuarial charge for calculations of costs' for combining the benefits under the Employees' Retirement System of the City of Roanoke with Social Security benefits. 389 390 The beeefits cedar th'6 City retirement system mcl be combined ulth Social Security by either the *directs,truer* or the *iedlrect offset° method. Umder the tdlrect offset' nethod, ell or port orthe Social Security benefit Is subtracted from the benefit otkeruise payable under the City retlremect aysteu. An example or the direct offset method ia to provide thct the pension be reduced by one-bolS of the primary Social Security benefit, uith the proviso that the net au.oct is not to be less than the funded pert of such pension computed on the basis of the menber*s oversge fJlSl salary and creditable service at the tine Social Security coverage became effective for members of the City retirement system. The City of Norfolk uses the direct offset approach. Under the *indirect offset* method, the benefit rate applicable to the psrt or the member*s average final salary eot in excess of the amount subject to Social Security taxes mould be loner than the benefit rote applicable to the part or his conpensotion In exoesa of the Social Security breohpoint. The pension non provided under the City retirement system for esch year of membership service lc equal to 1/140 of the menber*c average final salary. An example of ac Indirect offset or Social Security mould be to provide that the pension for each year of nemberahip service oster the effective dote of Social Security coverage be equal to 1/2S0 Of the part of the nenber*a average final salary not in excess of $6.600 plus 1/140 of the part of such compensation in excess or $6.600. The City of Danville uses the indirect offset approach. The indirect offset method Is generally simpler to administer since it does not involve· any calculations or estimates of the Social Security benefit, this method also provides higher benefits from the employer than does the direct method, both for short term employees and for employees in the lower pay brackets who supplement their income by part-time work. Since there ave different approaches to consider, it is sug- gested that ~e first prepare benefit examples under both methods for the Board*s consideration, Then. if a decision could be reached as to the preferable approach, we could prepare cost figures on this one basis. This procedure would have the advantage of keeping the actuarial charges to a minimum. Me estimate that our charge to prepare the benefit examples on both bases and the final cost calculations on one basis would be in the neighborhood of $1o000. Me would plan to use the December 31, 1963 valuation data in the calculations. Should it ultimately be decided to amend the chapter of the City Code containing the rules and regulations of the retirement system in order to combine the system with Social Security. there would be additional work in connection with the actual drafting of amendments to the system, the preparation of referendum material, etc., the cost of our services for nhich could be quoted in advance at that tiue. Please let us know if you hare any questions regarding the foregoing. Very truly yours, S/ George B. Buck Actuary" In this cocnectlon, a communication from Mrs. Mary S. Shanks, Secretary. Roanoke Food Service Association, advising that the Roanoke School Cafeteria Retirement System nndcr Socisl Secerity iud to recommend the benefits suck revised system should provide, old that his committee be continued. 'The motion mss seconded by Hr. Jones end unanimously adopted. Hr. Pond then moved that the comuunlcstJoe from Mrs, Shsnks be referred to the committee for its informstion in connection math its study or the matter. The motion wes seconded by Mr. Pollard sad nnenlmously sdopted. CONSIDERATION OF CLAIMS: RONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES ARB RESOLUTIONS: BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to fill certain vscencies in various municipal departments since they are of tn emergency nature, he presented same; whereupon, Mr. Pollard offered the folloming Resolution: (u16713) A RESOLUTION authorizing the City Manager to mploy certain ~ersonnel. (For full text of Resolution, see Resolution Book NO. 29, page 455.) Mr. Pollard moved the adoption Of the Resolution. The motion mas seconded by Mr. Pond and adopted by the follouin9 vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stollero Wheeler aA Mayor Dillard ......................................... 7. NAYS: None ...........................O. MOTIONS AND MISCELLANEOUS BUSINESS: LEGISLATION-INDUStRIES: Mr. Jones presented the following statement ~ttb regard to u~ng the local re presentetives of the Cenernl. Assembly of Virginia to sponsor end support et'the 1966 session of the General Assembly appropriate legisla- tine mhich would enable o'r p~ovide for the creation of n political subdivision of abe Commonmoalth, similar to those provided for in Chapter 643 of the 1964 Acts of Assembly of Virginia, whose purpose it shell be to do all acts and things which may be reasonably necessary to foster end stimulate the development of industry in the City of Roanoke and in its environs: *October 16. 1965 TO: MEMBERS ~F ROANOKE CITY COUNCIL PROM: JAMES E. JONES SUBJECT: INDUSTRIAL FINANCING A rem days ago I furnished you math copies of approved legislation which enables the Cities of Norton, ¥1rginim, Virginia Beach, Danville and the County of Fnirfex the power to create an Industrial Development Authority whose purpose would be that of issuing revenue producing bonds for industrial financing as mell as other things for promoting industrial development. In support of similar enabling l~glslntion for the City of Roanoke I would like for you to consider the following statement. In 1956, when I became e member of Appalach!an*s Industrial Develop- ment team there mere approximately 3900 agencies throughout the United States organized for the' porpos~ of attracting new industry into their area. Tod~y thereare~over 14,000 such agencies working in an effort to attract nam industries to their respective community ns mell aa retaining end assisting with the expansion of their existing industries. These 14,000 organizations ere dedicated to the future gromth end economic well being of their communities, knoming full mell that the continued gromth depends on their activities and success in attracting new payrolls~ nam Job opportunities today. 39! 392 Vlth over 14,000'ogeocles it oork-lt~Ic ooly natural that coup*ti- tiao for eeo nad expanding industries is extremely heee. Coouueltlea to be more competitive otd~ln~Oo effort to lmpr6Vo their positions have offered a variety of Inducements such os free land, free site development, free taxes, free utlllty.exteaalons, special utility . rotan, lam let*reit tiooocieg, Jmst to BOmb ofcm, iodlvldual atones themselves ara getting lototh'e act a~d are likeelse offering. inducements us quoted ia aR editorlal~eppearlug lo *The Bee** a Danville aeuapuper - *At.preaeat,,43 of 50 states have some type of Realizing that in order to be and,stay competitive uith neighboring Cities of Norton,,Virginia Beach, Danville and the County or Fairfux hove asked for and received from the General Ass*obiT permission to create authorities to promote Industrial development bT and if needed through the Issuance of revenue-producing bonds, This permisainc gives these ureas another important *tool* and if ~sed uisely could be all important to the future growth of their area. Under the enabling legislation granted by the State of Virginia, the issuance of these types of revenue-producing bonds *The bonds shall not constitute aa indebtedness mJthio the meaning of any debt limitation er restriction* - paragraph 12. la the event this *tool* is put to ate by the authority, the repayment of the facility provided eonld be spread over un agreed upon period of years mlth the payment in the form of *rent* being sufficient ~ retire the bonds covering both princips! and interest. There uny be sou* expressed concern regarding this approach to assisting industries wishing to relocate or to expand in our area. This concern in nest instances is directed to the so-called *fly- by-night* industries. To eliminate this concern me could have written into the *bill' or we could set a firm policy that under no condition would our city consider entering into an agreement with any company having a net company morth of less than $500,000. Gentlemen, my years of experience in the field of industrial development leads me to believe that Roaboke needs this *tool* and I encourage your full support for a Resolution by this council to Senator ~illiam G. Hopkins, requesting Senator Hopkins to present a bill before the 1966 Session of the General Assembly some- what similar to the Virginia Beach, Danville, and County of Fairfax bill approved April 1, 1964, which would enable Roanoke to establish an Industrial Developme~ Authority ned issue revenue bends and do other things for industrial development. The only chnnqe to leqislation presently available to Virqinla Reach, Danville, and the County of Fnirfax mhich I would recommend would be that the City Of Roanoke be permitted to construct buildinqs not only in the city bq~ S! James E. Jones* In this connection, ar. John J. Butler, President of Roan*he Chamber of Commerce, Incor@oroted, and Mr. Jack C. Smith, Executive Vice-President Of the Chamber of Commerce, appeared before Council in support of the request of Mr. Jones. After a discussion of the matter, Mr. Jones offered the foil*sing (;15714) A RESOLUTION relating to the creation of o political subdivision of the Commonwealth with pouer t~ ~oster and stimulate the development of industry within the City of Roanoke and ina environs. (FOr full text of Resolution, see Resolution Book No. 28, page 455.) 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, Podd, St.liar, Wheeler and Mayor Dillard ............... ~ ......................... ?. NAYS:. None ........................... 0. · LEGISLATION-HOUSING-SLUM CLEARANCE: Mr. Stellar stated that the City of R.emote Redevelopment lid Housing Authority, of ukich he is the observer for C~uncil, has requested that the body oak the local representatives in the 1966 session of the General Assembly to seek om amendment to Section 36-49.1 Of The Code of Virginia in order that the City of Roanoke may have the authority to provide for rehabilitating scattered duelllaga mbich should be improved in order to upgrade s,me of the neigbbo* hoods, and offered.the following Resolution: (siC?IS) A RESOLUTION relating to certain powers granted to certain redevelopment and housing authorities by Chapter $78of the 1964 Acts of the General Assembly of Virginia. (For full text of Resolution, see Resolution Rook NO. 29. page Mr. St,lief moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the following rote: AYES: Messrs. Garland, Jones, Pollard. Pond, St.lief. Wheeler and Mayor Dillard ......................................... T. NAYS: None ...........................O. ANN£XATION-ROANOKE VALLEY: Mr. Wheeler Offered the following Resolution authorizing and providing for the employment of the Honorable William Do Hopkins as n special legal counsel for the City Of Roanoke to advise and represent the city in matters relating in any way to the annexation of territory by R,an,to or by OF te the Town of Salem or the Town Of Vinton in R,un,ko County or in matters pertaiolng any proposed consolidation Of any Of said governmental units: (~1671&) A RESOLUTION authorizing end providing for the employment of special legal counsel for the City in certain legal matters. (For full text Of Resolution, see Resolution Book No. 29, page 457.) Mr. Nheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, St,lieF, Wheeler and Mayor Dillard ........................ ~ ................ NAYS: None ...........................O. In this connection, Mayor Dillard presented a communication ~om Senator Hopkins, accepting his employment 8s special counsel and agreeing ~ be compensated at the same hourly and daily rate as a special counsel for the City of Roanoke was paid in therecent suit mith regard to t~ annexation of Edgehill. 'On motion of Mr. Wheeler, sea nded by Mr. Pollard and unanimously adopted, t~ communication was received and filed. Mr. Wheeler then offered the following Resolution authorizing and providing for the employment Of Hayes, Sony. Mattern ~ Battern as special engineerin (~16717) A RESOLUTION authorizing and providing for th~ employment of professional engineering services for the City in certain engineering matters. (For f&ll text of Resolution, see Resolution Book No. 26, page 457.) 393 394 Mr. iheeler moved the adoption of the Resolatioa. The motion nas seconded by Mr. Pond amd adopted by the follouing vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St611er, Wheeler and Mayor Dillard ...................... ~ .................. 7. NAYS: None ........................... O. Mayer Dillard presented s communication from Hayes, Jeay* Matters ~ Mattera agreeing to accept the employment st n general retainer of $3,000. On motion or Mr. Mheeler, seconded by Mr. Pond and unanimously adopted, the communication nas received nnd filed. Mr. Stoller then offered the folloming emergency Ordinnnce transferring $3,000 from the Contingency Fund fa connection slab the'employment o! Special legal counsel and special engineering consultants: (~16TIO) AN 03DINANC£ to amend and reordain Section =150, 'Non-Departuent~ end Section =166, #ContingenCies,' of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 458.) Mr. Stoller moved the adoption of the Ordinance. The motion wes seconded by Mr. Pond and adopted by the follomin9 vote: AYES: Messrs. Garland, Jones. Pollard, Pond. Stoller. Wheeler and Mayor ulllard ......................................... NAYS: None ........................... O. On notion of Mr. Jones, seconded by Mr. Pollard and unanimously adopted, the meeting nas adjourned. APPROVED ATTEST: L,w COUNCIL, REGULAR MEETING. Monday, November 1, 1965. The Council of the City of Ronaok~ met la regular meeting Jn the Council Chamber in the Municipal Building, Monday,. November 1, 1965, at 7:30 p.m,, with Mayor Dillard presiding. PRESENT: Conncilmen Robert A..Garland. James K. Jones, Roy R, Pollard. St** Clarence K. Pond, Murray A. St,liar. Vincent S. Wheeler and Mayor Benton O. Dillard ................................. 7. ABSENT: None .................O. OFFICERS PRESENT: Mr. Julian F. Hirst, City Manager, Mr. James N. Kincanon, City Attorney. and Mr, Jo Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a p~ayer by the Reverend R. Crauford, Pastor, Garden City Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, September 27, 1965, having been furnished each member of Council, on motion of Mr. St,lieF, seconded by Mr. Pond and nnanimoasly adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON FUBLIC MATTERS: AIR POLLUTION CONTROL: Pursuant to notice of advertisement for bios on an automobile for the Air Pollution Control Department, said proposals to be received by the City Clerk until 5:00 p.m., Monday, November 1, 1965, and to be opened at ?:30 p.m., before Council, Mayor Dillard asked if anyone had any questions about the advertisement, and no representative present raising any question, tbe Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerh opened and read the following bids: Diamond Chevrolet Corporatioo - $ 10657.00 Magic City Motor Corporation - l,B96.1B Fulton Motor Company, Incorporated' - l,qTO.g5 Antrlm Motors, Incorporated - 1,99~.00 Mr. St.lief moved that the bids be referred to a committee to be nppointed by the Mayor for study, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee. The motion was seconded by Mr. Pond and unanimously adopted. Mayor Dillard appointed Messrs. Roy R. Pollard, SF., Chairman, Julian F. Blrst and B. B. Thompson as members of the committee. ZONING: Council haviog previously set a public hearing for 7:30 p.m., Monday, November,l, 1965, on the request of the West,vet Development Corporation that a 3.B54-acre tract of land located betmeen property of the Norfolk and Western Railway Company and Burks Street, S. N., north of Nest,vet Avenue, Official Tax No. 1520101, 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, mas before Council: *September 16, 1965 The Honorable Benton O. Dillard, Mayor, and Members of City Council Roanoke, Virginia Gentlemen: 395 396 la its regular meeting of September 15, 1965 the City Plouuiug Commission cousldered the above described request. Nr. Claude Carter, attorney representing Westover Oevelopseut Corporation, luformed tke Commission or his clleut*s loteotloo to erect severol multi-romlly housing units gu the subject property, lu considering this request the Pluouiug Commission too~ into account the fica thnt the property is udJnceut to both existing upnrtment developments and Norfol~ und MustarD Rullwuy Coopuny property. The Plouning Commission felt that multi-family use of this property Mould be u logionl extensibn of land use pattern in the oreo. The City Planning Commiasion, therefore, recommends to City Council that this rezoning request he granted. Sincerely yours, S/ Dexter N. ~mith Harry D. Doynton Chairman' Hr. Claude D. Carter, Attorney, representing the petitioner, appeared before Council in support of the request of his client. No one appearing in opposition to the proposed rezoning, #r. Stoller moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (#16719) AN ORDINANCE to amend and reenact Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, in relation to Zoning. RHEREAS, application has been made tothe Council of the City of Roanoke to have a 3.954 acre tract of land located between the Norfolk ~ Restern Railmay Company property and Durks Street, S. R** and north and Mest of Dlock J, accordin9 to the map of Virginia Heights Extension, being Official Tax No. 1520101, rezoned from General Residence District to Special Residence District; and NHEREAS, the City Planning Commission has recommended that the hereinaftel described land be rezoned from HeneralResidence District to Special Residence District; and WHEREAS, notice required by Title XV, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in ~The Roanoke World-Rems** 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 1st day of November, 1965, at ?:30 p.m., before the Council Of the City of Roanoke, at Mhich hearing all parties in interest and citizens Mere given an opportunity to be heard both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, HE 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, relatin~ to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located on Hurks Street, S. ~., thence extending in a Westerly direction to the Norfolk ~ Nestern Railway Company property and lying north and ~est of Block J, according to the map of Virginia Heights Extension, described as a 3.854 acre tract Of land, designated On Sheet 152 of the Zoning Map as Official Tax No. 1520101, be, and is hereby, changed from General Residence District to Special Residence District and the Zoning Map shall be changed in this respect. I The motion mas seconded b7 Mr. Mheeler and adopted by the rolloming voter AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and #a~or Blllnrd ....................... WAYS: ~oae .................. O. PETITIONS AWl) COMMUWICATIONS: BUDGET-COMMO,~dEALTfl'S ATTORNEY: A communication from Mr. Leroy Mornn, Commonuealth's Attorney, requesting that $180 be transferred from the extra help eccount In Personal Services to Travel Expense end Education under Section #26, #Commonmealth Attorney,' of the 1965-66 budget, was before Council. It appearing that the Commonmeaith's Attorney has not as yet received approval of the transfer of funds from the State Compensation Board, Mr. Stoller moved that action on the matter he deferred. The motion mas seconded by Mr, Garland and unanimously adopted, BUDDET-SCHOOL$: A communication from the Roanoke City School Board, requesting that $B6.784 he appropriated as the share of the City of Roanoke in the capital investment for the Blue Ridge Educational Television Association, was before Council. In this connection, Messrs. Boy L. Mebber, Chairman of the Roanoke City School Board, Jack B. Coulter, a member of the School Board, and Mr. A. F. Fisher, Clerk of the School Board, appeared before Council for a discussion of the request. Mr. Coulter explained that a total amount of $950,000 will be needed eventually for the program, of which amount three-fourths will be borne by the federal and state governments and one-fourth will be borne by the school districts participating in the program, that a minimum of participation of fifty per cent of the school districts is required in order to initiate said program and that the $§6,784 is the maximum amount required to get the program started based on the participation of fifty per cent of the school district% however, it is hoped that more than fifty per cent will participate, thus reducing Roauoke's share. After a discussion Of the matter, Mr. Stoller moved that Council concur in the request of the Rosnoke City School Board and offered the following emergency Ordinance transferring $86,?84 from the Contingency Fund: (~16720) AN ORDINANCE to amend and reordain Section ~166, "Contingencies, and Section #13000, 'Schools - Miscellaneous (Unclassified),w of the 1q~5-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 458.) Br. Stoller mored the adoption of the Ordinance. The motion was seconded by Mr. Garland amd adopted by the £ollowing rote: AYES: Bessrs. Carland, Jones, Pollard, Pond, Stoller, Mheeler and Meyor Dillard ......................... WAYS: None .................. PARKS A~) PLAYGROUNDS: A petition signed by 289 citizens, requesting necessary improvements to provide a standard softball diamond in Noruich Park, was before Council. 397. 398 In this connection, Mr. Rudolph N. Neighbors, ir,, appeared before Council, advising tbot the Director of Paths and Recreation is in favor of the requested improvements. Hr. Pollard moved that the matter be referred to the City Manager for the purpose of sscertciwiag what improvements are needed and to report bock to Council with on estimate of the cost thereof. The motion mas seconded by Stoller and unanimously adopted. CITY TREASURERoCONRISSIO~ER OF THE REVEh~E: The following communication from Hr. Jack A.. Pitman, requesting Council to look into the possibility of violation of Sections 37 and 30 of the City Charter, designating the respocslblliti, of the City Treasurer and the Commisdo~r of the Revenue, and related sections of the City Code, was before the body: 'TO CITY COUNCIL SUBJECT: POSSIBLE VIOLATION OF CITY CODE COUNCIL: I respectfully reqoest you look into the matter of eiolation of the city charter and (or) City Code. Section 37 and 36 of the City Charter and also sections of the city Cede designate the responsibilities of the City Treasurer and also the Commissioner of Revenues office. The City Charter specifically states the Commissioner of Revenue will be authorized to make out the tax bill if, and only if, City Council approves and also if the treasurers office supplies personnel to expidite the matter. It is my understanding that tbe treasurers office has never received permission to let any other office do this mark, espically when they are not bonded to do so. The City Code also states that if these office are to be found in violation of City Code or City Charter the responsible party may be reprimanded or removed from office. I do relize that it is possible to save money for the city of Roanoke by such an operation but under this present policy of operational capacity of the city treasurer is in direct violation of the City Charter and (or) City Code. I would like to see city council take steps to correct this matter. 5incerly S/ Jack A. Pitman Jack A. Pitman Do to previous business engagements I will not be able to attend the meeting of City Council on 11-1-65 but am sure that positive action will be taken on this matter at that time. Thank you.* It appearing that Council authorized the purchase of tax billing equipmen and machines for the office of the Commissioner of the Revenue on February 1959, Mr. Stoller moved that the communication be filed. The motion was seconded by Mr. Pollard and unanimously adopted. TRAFFIC: A communication from Mrs. Alma Bart Keyser, requesting that action be taken to prevent speeding on Ninth Street, S. E., was before Council. Mr. Stoller moved that the matter be referred to the City Manager for action. The motion.was seconded by Mr. Pond and unanimously adopted. REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUBLIC MELFARE: The City Munager submitted a written report, recoweendiag that $2?0 be appropriated for the purchase of two nar mattresses cowplete with motor for the City Home. Mr. Garland moved that Council concur in the recommendation of the City Manager nnd offered the following emergency Ordinance transferring $2?0 frow the Contingency Fund: (m16721) AH ORDINANCE to amend and reordein Section uS4, *City Home,* and Section s166, *Contingencies,* of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 459.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AVES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Nheeler and Mayor Dillard .......................... NAYS: None .................. O. BUDGET-PAV PLAN: The City Manager submitted the following report, recommending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: *Roanoke, Virginia November 1, 1965 To the City Council Roanoke, Virginia Gentlemen: Authority is hereby requested to fill the following vacancies: Refuse Collection and Disposal: 3 Disposal Laborers, Group 10 Street Cleaning: I Disposal Laborer, Group 10 Street Maintenance: i Street Crew Helper, Group g Respectfully submitted, S/ Julian F. Hirst City Manager* Mr. 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 proper measure. The motion was seconded by Mr. Pollard and unanimously adopted. CITY MARKET: The City Manager submitted the following report, advising of a vacancy in the position of Clerk of the Market due to the passing of Mr. Russell E. Almond on October 11, 1965: *Roanoke, Virginia November 1, 1965 To the City Council Roanoke, Virginia Gentlemen: It is noted that the City Council has not been advised', as a matter of formal record and in accordance with the provisions of 399 4O0 the City Charter. that · vacancy exists lB the position of Clerk of the City Market by virtue or the passing or Mr. Russell E. Almond on October lie 1965. Mr. Almond mos parse,ally keoma to the members nY this Council and I mould be Inadequate 1· any erfurt to supplement your knomledge of him or of bis service to the City. By uny of record, he. competently and math full ·ttentlon to his responsi- bility, mas employed by the City as Assistant City Clerk of lac Market on July 1o 193St to January 1. 195§. From January 1o 1958. until his death, be served as Clerk of the Market. As a native of Roanoke and one abe devoted thirty years and three months In m~nicipal government. I am certain that all members of the Council are aware of the devotion and high quality of his dedication to the City. Respectfully submitted, S/ Julian F. Hirst City Manager# Mr. Smeller moved that the report he filed and that a copy thereof be forwarded to Mrs. Almond. The motion mas seconded by Mr. Pollard and unanimously adopted. LIBRARIES: The City Manager submitted the follouing report, advising of the reslgflatJon of Mr. William L. Mhitesides as Director of the Roanoke Public Library, effective January 1, 1966: 'Roanoke, Virginia November 1, 1965 To the City Council Roanoke, Virginia Gentlemen: It is noted that, although members of the City Council are already doubtless aware, the attention of the Council bas not been formerly directed as to the notice of resignation of Mr. William L. Whitesides, as Director of the Roanoke Public Library. Mr. Rhitesides by his letter of October 12 to Mr. J. Robert Thomas, Acting City Manager, submitted his resignation effective January 1, 1966, to become Assistant to the County Library Director of Fairfax County, Virginia. I find that Mr. Rhitesides has gained for himself a most commendable reputation here in Roanoke, both as a citizen and in his official capacity. It is regretted that he will leave the City and that the Roanoke Public Library will lose the benefit of his leadership but this oanstitntes for him an achievement for which he is deserving of commendation. Respectfully submitted, S/ Julian F. Hiram City Manager" Mr. Stellar moved that the report of the City Manager be filed and that copy thereof be forwarded to Mr. Rhitesides. The motion was seconded by Mr. Garland and unanimously adopted. MATER DEPARTMENT: Council having previously authorized Valley Mater Company, Incorporated, to purchase water from the City Of Roanoke to supply its private system located within Roanoke County until November 16, 1965, to serve the Jefferson Hills Section, the City Manager submitted a'uritten report, transmitting a request of Valley Rater Company, Incorporated, to continue the arrangement for an nnstipalated period after November 16, 1965. In a discussion of the matter, the City Manager stated that If Council sees fit to Continue the arrangement In his opinion, it should be for n ~peeific period of tiBeo Mr. Jones moved that the City Munager be directed to negotiate faf the purchase of the mater system. The motion mas'lost for lack of u second. Mr. Stoller then mated thut the arrnngement be contfnned for a period of 60 days and thut the matter be referred to the City Attorney for preparation of the proper measure. The motion uas seconded by Mr. Pond and unanimously adopted. PARKS AND PLAYGROUNDS~STATE HXGHMAYS: The City Manager submitted the following mrltten report with regard to completing the Mill Mountain Spur: "Roanoke, Virginia November 1, 1965 To the City Council Roanoke, Virginia Centlemen: There is attached correspondence directed to my office from Mr. H. C. Broyles, Director of Public Marks, concerning the completion of the Mill Mountain Spur. In the attached material from the Public Works Department is a memorandum describing the situation, a letter from the Superintendent of the Blue Ridge Parkusy, and a map indicating ia red color the section yet to be completed. There is also attached u general financial sammary concerning the Spur. It is felt there is not only an obligation upon the City to proceed with this project, but that it is highly desirable that this be accomplished as a part of a long-sought-after area achievement. It mill be noted from Mr. Broyles' letter that it is anticipated that further appropriations, at a later and appropriate time, of approximately ~40o000 to $45,000 may be necessary to complete this portion of the project. For the present, the recommendation to the Council is for authorization for the City to obtain bids' on this project. Respectfully submitted, S/ Julian F. Hirer City Manager" In this connection, the City Manager also submitted the following report of the Director of Public Works: "DATE: October 27. 1965 TO: Mr. Julian F. H~rst, City Manager FROM: Mr. H. Cletus Rroylest Director of Public ~orks ! have recently been lnfoFmed by Mr. Sam P. Weems, Superintendent, Dlueridge Parkway, that bridges over Yellou. Monntuto Road and Virginia Route 6?2 mill be completed and that the two and one=half mile Mill Mountain Spur, constructed by. the Blueridge Parkway, uill be opened to traffic by July 1, 1965. Except for the two bridges, the road work On the Spur road has been completed to the *Saddle* of Mill Mountain, a distance of approximately 3,000 feet, from the top of Mill Mountain. Mr. ~eems, in his letter of October 21, a copy of mhich is attached, emphasizes the need of having the remaining 3,000 feet of the Hill Mountain Spur completed by the City in order to handle the Parkway traffic when the Spur will be opened July 1, lg66. ! hare checked with the Auditing Department and find that there is an unexpended balance in theMill Mountain Improvement Account of $24,$0?.29. It is estloated that the 3,000 feet of the road from the 'Saddle' of the Mountain to the top of the Mountain would cost approximately $65,000. 401 · 402 This rued mas originally luoluded'lu the overall ProJect, bat due to increased cost of tko land and other additional costs, the funds la this account were depleted to the point mhere un additional appropriation alii be required to cover the 3,000 feet Spur rood referred to herein. I feel that the City is obllgoted to complete the Spu~ road to the top of Mill Mountain. I think me uere Indeed fortunate to prevail upon the National Park Service (Bluerldge Parhmay) to construct 4,000 feet of the Spur within the City, including a bridge over Yellom Mountain. ! think too, we all realize the potential that this facility would offer to the City, It is recommended that City Council be requested to authoriue the receiving of bids on this work immediately in order that ue can have the Project accouplished by the time the Bluerldge Parkuoy mill have its portion of the Will Monntuln Spur opened to traffic, (July 1, 1966). $/ H. Clet~s Brovles B. Cleans Broyles Director of Public Murks" In a discussion of the matter, the Director of Public Murks and Mr. Sam P. Neems, Superintendent of the Blue Ridge Parkway, appeared before Council for the consideration of the sabJect. After a discussion of the matter, Mr. Jones questioning the rigid standard: for the construction of the road, and Mr. Neems replying that it is necessary for this portion of the spur to comply with the standards for the remainder of the Blue Ridge Parkway, Mr. Stoller moved that Council concur in the recommendation of the City Manager and that he be authorized to advertise for bids on the completion Of the Will Wonntain Spur. The motion wa~ seconded by hr. nheeler and unanimously adopted. STATE HXGRWAYS: The City Manager submitted a written report, recommending that Parcel No. 019, needed for the Route 599 Project, be purchased from Corrina K. Dent, et al., in the sum of Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~16722) AN ORDINANCE authorizing the acquisition of a certain parcel of land needed for the City's State Route No. 599 Project, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2B, page 460.) 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, Pond, 5toiler, Wheeler and Mayor Dillard .......................... NAYS: None .................. O. PARKS A~H) PLAYGROUNDS: Council havin9 referred to the City Planning Commission for study, report and recommendation a request Of the Roanoke Council of Garden Clubs that a master plan for Eluwood Park be prepared, the City Planning Commission sobmitted a written report, recommending that Mr. Alan 6. Mlnslow, professional landscape architect and current head of the Urban and Regional Plannin, Program at V.P.I., be employed to prepare the plan for a sum not to exceed $1,q75, mith the stipulutlon thst · sotisfectory reviem and approval of such work by the Plcnning Commission be required. Iu this connection, Mrs. L. Kraest Osborne. representing the Roauohe Council of Garden Clubs, Dr. Hilli·m R. Dill, representiug Domntowe Rocnoke, lucorpor·ted, Hr. Dexter N. Smith, Planning Director, HFS. J. R. Alvin, Jr** ·nd Mr. E. P. Pettlcremo representing the Desutlfic·tion Committee of the Chamber of Commerce, appeared before Council in support of the recommendation of the City Planning Commission. Mr. Stoller moved that Council concur in the recommendation of the City PI·suing Commission and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Pond. Hr. Jones offered · substitute motion that the matter be referred to the Capital Improvements Committee for study from the standpoint of priority in the Capital Improvements Program. The substitute motion was lost for lack of a second. After · further discussion of the question, Rt. Stoller, with the consent of Mr. Pond, withdrew his original motion and moved that the matter be referred hack to the City Planning Commission for further study, report and recommendation to Council, taking into consideration the proposed Capital Improvements Program. The motion was seconded by Mr. Jones and unanimously adopted. PLANNING-WATER ~EPARVMEhT: The follobing communication from the Roanoke Valley Regional Planning Commission with regard to authorizing the Corps of Engineel to make flood plain information studies nas before Council: *October 26, 1965 Miss Virginia L. Shaw City Clerk Municipal Building Roanoke, Virginia Dear Miss Sham: The Corps of Engineers is authorized to make flood plain inform- ation studies at no cost to the local governments. Requests for such studies ere coordinated through Mr. J. R. Alexander, Commissioner of Hater Resources, Commonwealth of Virginia, with whom we have discussed this matter. At its last meeting, the Roanoke Valley Regional Planning Commission recommended that necessary action be initiated to request studies of the Roanoke and James River within the Roanoke Valley Region. Results should supply much valuable information about the mater situation in the region. Hr. Alexander advises that our position with respect to getting the studies started mould be stronger if backed up by resolutions from the five governing bodies. Enclosed is a draft resolution which me hope your governing body will substantially adopt. With your approval and action on the resolution, this office will follow through with the request for the study and act as the coordinating agent with the Virginia Division of Hater Resources and with the Corps of Engineers. Sincerely. ROANOKE VALLEY REGIONAL PLANNING COMMISSION 5/ Robert H. Shannon, Jr. Robert M. Shannon, Jr. Director* 4O3 404 Mr, Stoller moved that Council concur in the request of the Roanoke Valley Regional Planning Commission and that the matter be referred to the City Attorney for preparation of the proper measure, The motion mas seconded by Hr. Nheeler and unanimously adopted. RRPORTS OF COMMITTRES: FURL O/L: The committee appointed to tabulate bids received on rurnlshla fuel oil to the City of Roanoke for the period beginning November 1, 1965, and ending October 31, 1966, submitted the follomlng report: =October 26, 1965 TO the City Council Roanoke, Virginia Gentlemen: On October 25, 1965, bids mere opened and read before City Council for furnishing and delivering fuel oil to the various departments of the City of Roanoke for the period beginning November 1, 1965 and ending October 31, 1966. As can be seen from the tabulation, bids mere submitted by six firms. American O11 Company and Sinclair Refining Company sobmitted the low and same net prices on No. I fuel oil. Howevert since American Oil Company is the low bidder on No. 2 fuel oil, the Committee is of the opinion that it would be to the best interest of the City to auard the contract to American Oil Company on Nos. I and 2 fuel oil as follows: No. I Fuel Oil Tank Ragon Price $ .155 per gal. Less Discount .037 per gal. Set S .110 per gal. NO. 2 Fuel Oil Tank Ragon Price $ .145 per gal, Less Discount .038 per gal. Net $ .107 per gal. The above tank wagon prices are based on tho current *Posted Consumer Tank Nagon Prices' at Roanoke, Virginia. The 'Posted Consumer Tank Magon Prices' in effect at Roanoke, Virginia on date of delivery will prevail. Above discounts mill remain the same throughout the contract period. Andrems, Pltaer, Dutler Fuel Oil Corporationsubmitted the only bid on No. 5 fuel oil, which bid is at a net delivered price of $.094 per gallon. This price is subject to increase or decrease in accordance with the .'Posted Tank Car Price' ut shipping point on date of shipment. Since the bid on No. 5 fuel oil appears to be a just and reasonable bid, the Committee recommends acceptance of same. Respectfully submitted, COMMITTEE: S! ROy R. Pollard. Sr. Roy R. Pollard, Sr., Chairman S! Murray ~, Stoller Murray A. Stoller S! J~ljan F. Rirst Julian F. Hlrst# Mr. Pollard moved that Council concur in the recommendations of the committee and offered the following emergency Ordinance accepting the proposal of the American Oil Company: (~1b723) AN ORDINANCR providing for the supply to the City of its annoal requirements of No. I fuel oil and No. 2 fuel oil; amardlng a contract therefor; reJecting certain other bids made to the City for furnishing said fuel oil requirements; and providing for nn emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 461.} MFo Pollard moved the adoption or the Ordinance. The motion mas seconded by Mr. Pond and adopted by the tollomlng v~te: AYES: Messrs. Garland. Jones, Pollard. Pond, Stoller, Mb,cleF and Mayor Dillard .......................... ?. NAYS: None .................. O. Mr. Pollard tben offered the following emergency Ordinance accepting the proposal of Andrews, Pltxer, Butler Fuel O11 Corporation: (~16724) AH ORDINANCE providing for the Clty*s annual supply of No. S fuel oil requirements; awarding a contract therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, page 462.) Mr. Pollard moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stall,r, Mheeler and Mayor Dillard .......................... 7. NAYS: None .................. O. HEALTH ~EPARTMENT: The committee appointed to tabulate bids received on remodeling a portion of the Roanoke City Health Department to cover the renovation Of vacant space at the Health Center for use Of the Consultation and Evaluation Clinic submitted the following report: *October 27, 1065 To the City Council Roanoke, Virginia Gentlemen: Bids were Opened and read before City Council at its meeting on October 25, 1065, to remodel a portion Of the Roanoke City Health Department for use Of the Consultation and Evaluation Clinic. As sho#n on the attached tabulation of bids the low bid was submitted by Hodges Lumber Corporhtion in the amount of $4,604.00. These plans meet the needs of the City Health Department and the requirements of the State Bureau of Crippled Children, which requested that this work be accomplished without delay. The proJect involved partitioning of a portion of the basement in the Health Department into three new rooms, installation of three new air conditioning nnlts,,with all related electrical work, painting, The sum Of $3,700 has been appropriated for this proJect. Corporation in the amount of $4,B94.00, and that $1,207.00 be appropriated to cover the balance of the contract and advertising APPROVED: Si Clarence E. Pond APPROVED: S! J~Jl~n F. Hirst Julian F. Hirst APPROVED: S! H. Cletns Brovles H. Cletus Broyles" 405 '406 Hr. Pond mo*ed them Council coecor ia the recommeadakloMof the committee and offered the folloning emergency Ordinance accepting the proposal of the Hodges Limber Corporation: ' (n16725) AN ORDIr4ANCE providing for the remodeling nnd renovation of certain vacant space in · portion of the City*s Health Center, for use of its Consultation and Evaleation Clinic; accepting abJd made to the City for aaid improvements a·d rejecting ell other bids; authorizing the execution of a contract ulth the successful bidder; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 28. page 463.) Hr. Pond moved the ndoptio· of the Ordl·ance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Carload, Jones, Pollard. Pond, Stoller, Wheeler a·d Mayor Dillard ............................... 7. NAYS: None .................. O. Mr. Pond then offered the following emergency Ordi·ance transferring the additio·al $1.207 from the Contingency Fund: (u16726) AN ORDINANCE to ame·d and reordain Section n166, 'Contingencies, and Saetia· ~170, 'Capital,' of the 1965-66 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance. see Ordinance Book No. 20. page 464.) Hr. Pond moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler a·d adopted by the follouing vote: AVES: Messrs. Garland, Jones, Pollard, Pond, 5toller, Wheeler and Mayor Dillard .......................... NAYS: None .................. O. SEWERS AND STORM DRAINS: The committee appointed to tabulate bids received on the construction Of an B-inch sanitary semer on Cordon Areeoe, betMeen Hennington Street and Sixteenth Street, submitted the following report: "October 28, 1965 To the City Council Roanoke, Virginia Gentlemen: Bids uere opened and read before City Council at its regular meeting on October 25, 1965, for the construction of an B" sanitary saner in Gordon Avenuet S. E., east of Benni·gton Street. As shown by the attached tabulation of bids, tmo (2) bids uere received. Both bids are considerably above the Engineer*s estimate of $7,500. It is therefore recommended that all bids be rejected, and that the City Manager he directed to attempt to negotiate n more satisfactory contract and report back to Council. APPROVED: S! Clarence E. Pond Clarence E. Pond, Chairman APPROVED:S/ Julian F. Hirst ' · Julian F. Hlrst APPROVED: St H. Cletus Rrovles H. Cletns Broyles" Mr. Pond moved that Council concur in the recommendation or the committee and offered the following Resolution: (w16727) .A RESOLBTION relating to the proposed construction of an B-inch sanitary semer main on u portion of Gordon Avenue. S. E.; rejecting certain bids made to the City for construction of said semer main; nnd making certain other provisions for the proposed construction of said public improvement. (For full text of Resolution. see Resolution Book No. 20, page 465.) Hr. Pond moved the adoption of the Resolution, The motion mas seconded by Hr. Stoller and adopted by the following vote: AVES: Messrs. Garland, Jones, Pollard, Pond, 5Loller, #heeler and Xayor Dillard .......................... ?. NAVS: None .................O. STREETS AND ALLEYS-SIDEMALE, CURB AN~ CUTTER: The committee appointed to tabulate bids received on street midening and improvements on Eullitt Avenue, First Street and Day Avenue, S. M., submitted the following report: "October 27, 1965 To the City Council Roanoke, Virginia Gentlemen: Bid~ were received and opened before City Council at its regular meeting on October RS, 1965, for the construction of street ~idening and improvements on Bullitt Avenue, First Street and Day Avenue, S. ~. As shown by the attached tabulation of bids, the lom bid mas submitted by the $. R. Draper Paving Company in the amount of Included in this project at the request of Appalachian PoKer Company, is an item for installing electric heating elements in the sidewalks around their property for snow and ice melting. Officials of Appalachian have stated that they will reimburse the City the bid sum of $2,315.00 for this installation, thus effecting a net contract cost to the City of $14,249.20. The Engineer*s preliminary estimate for this project mas $13,425.00. It is recommended that a contract be awarded to the Draper Paving Company in the amount of $16,§64.20, and that the sum of $16,563.20 be appropriated to cover the contract and advertising costs. APPROVED: SI Clarence E. Pond Clarence E. Pond, Chairman APPROVED:S/ Julian F. BUrst Julian F. BUrst APPROVED: S! B. Cletus Brovles H. Cletus Broyles" Mr. Pond moved that Council concur in the recommendations of the committee and offered the following emergency Ordinance accepting the proposal of S. R. Draper Paving Company, Incorporated: (~1672B) AN ORDINANCE awarding a contract to S. R. Draper Paving Company, Incorporated, for certain street Mldening and ioprovements on Buliitt Avenue, First Street and Day Avenue, S. W., in the City at n cost of $16,564.20; rejecting a certain other bid made therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2B, page 466.) 407 :408 #r, Pond moved the adoption of the Ordinance. The motion mas seconded by Mr. Stoller and adopted by the f,Il,ming vote: AYES: #essrs, Garland, Jones, Pollard. Pond, St,lief, Rheeler and Mayor Dillard .......................... 7. RAYS: None .................. O. Mr. Pond then offered the following emergency Ordinance transferring the entire amount of.$16.564.20 from the Contingency Fund: (o1672g) AN ORDINANCE to amend and reorduin Section s166. 'Contingencies.' and Section ul?O, "Capital,' of the 1965-66 Appropriation Ordinance, and providing for un emergency, (For full text of Ordinance. see Ordinance D,ok No. 28, page 467.) Hr. Pond moved the adoption of the Ordinance. The motion mas seconded by Hr. St,liar and adopted by the following vote: AYES: #essrs. Garland, Jones, Pollard. Pond, St,liar, Nheeler and HayoF Dillard .......................... ?. NAYS: None .................. O. LEGISLATION-CITY CHARTER: Council having appointed a Charter Study Commission for the purpose of making a study of the current City Charter and report in writing to the Council on or before the first day of November, 1965. its recom- mendations of suggested amendments, deletions, alterations, revisions or changes to be made to the Charter~ the Charter Study Commission submitted the following report: '1965 CHARTER STUDY COMRI$SION ROANOK£. VIRGINIA REPORT TO THE CODNCIL OF TOE CITY OF ROANOKE, VIRGINIA November 1, lg65 The 1965 Charter Study Commission (the Commission) submits this report to the Council of the City of Roanoke (Council) pursuant to resolutiou number 16397 adopted by Council on April lg, 1965. The report c,at'ins: (a) introductory remarks; (b) dis- cussion of the Commisslones major recommendations; (c) summary Of other recommendations, an understanding and evaluation of which do not require supporting information; (d) conclusion; and (e) appendix setting forth the proposed text of those sections of the Charter which the Commission recommends be amended. I. I NTRODUCT IQ~ The Commission began its work by requesting written recom- mendations for changes in the existing Charter from members of Council, City officials and the public. The recommendations which were received, as well as others received at a public hearing, formed the basis for the Commission's extended deliberations and for its detailed examination of approximately half of the Charter*s seventy-three sections. Roanoke, like nearly every' other city of' comparable size in the United States, has adopted the council-city manager form of government. After careful consideration of all aspects of this form of government, the Commission is convinced the council-city manager plan is the best form of government for Roanoke. This form of government is characterized by a council mhlch serves as a legislative and policy-making body and a city manager hired by the council as its agent to direct the administration of the city government. The cardinal principle upon which the council-city manager plan is based is that all administrative powers of a city are vested in u professional adwi~lstrutor ~- the city manager -- aha has under him department heads charged with clearly defined responsibilities, ns distinguished frae commissions ted commitiees existing either wader abe charter of e city or created from time to time by its governing body. The existing Charter of the City of Ronnohe iuproperly burdens Council with administrative duties which should be assigned to the City #on,ger. The result bis been to detract from the legislative and policy-making functions of Council. both because of the excessive amount of administrative detail that clutters and lengthens meetings of Council end the excessive amount of time Councilmen and the #ayor must devote to mutters other than meetings of Council in order to fulfill assigned responsibilities. In addition, this improper assignment of admlnlstrntive functions has led to n growing diffusion of responsibility for routlee mutters, has encouraged Council. indeed nt times has wide it necessary for Council. to become involved in managerial matters and has removed from the City Manager. where it should rest. the burden and the responsibility for every aspect uf City administration. The existing Charter also improperly restricts Councll*s authority to issue nonrevenue bonds (for a nonrevenue producing facility such as a bridge or school building) mithin the debt limit imposed by the State Constitution. Council*s decision to Issue such bonds must still stand the test of approval of the freehold (property owning) voters of the City. The premise upon mhich this restriction is imposed is unsound. This is that the City's revenues for capital improvement projects ore derived only from property taxes and that. accordingly, freeholders are the only citiaens who properly should decide if the City should Incur additional nonrevenue bonded indebtedness. The Constitution of Virginia provides the proper safeguards for limiting the indebtedness mhich a city may incur. Only Roanoke and Danville have seen fit to tie the hands of their governing bodies by abe most restrintJre possible charter limitation -- freeholder approval of general obligation, nonrevenue bond issues which are .ithin the ~ebt limitation iapo~e, by the ~on~titutioo. The limitation of freeholder approval has stifled the capital improvement program of the City, has been responsible for the defeat of or has prevented the initiation of progressive projects designed to revitalize the heart of the City and has lent support to the false impression that there is a separate capital improve- ment fund, school fund. bonded indebtedness fund, etco. rather than a general fund containing all revenues of the City. from whatever source, which is available for current operations, capital expendi- tures, schools amortization of the debt and so os. To be sure, ut least technically, bond issue revenue does not become part of the general revenues of the City and must be applied exclusively to the purpose for which the bonds are issued. ~evertheless. every bond issue must be amortized over a number of years. The amortization of this debt should be considered as one of many obligations of the City whlcb must be pald from the total of oil City revenues from whatever source they are derived. II. Major Recommendatlgq? A. Eliminate the refluirement of freeholder a~oroval of general obligation, nonrevenue bond issues. (Section 47) The Commission is firmly convinced that Council should be authorized to exercise the full power granted, city's governing body under the Virginia Constitution and statutes with respect to bond issues. Under the Virginia Constitution three types of city bond- fin.acing plans are authorized: 1. General obligation, nonrevenue bonds which a up to a limit Of 16~ of the assessed valuation of 2. Revenue bonds or other obligations payable from charges of a facility built with such revenue, but payable from taxes if charges by the revenue-producing facility fail to service the bonds, such issue being outside of the 19~ limit if approved by the oualif~d voters of '409 410 3. Bonds to fiunnce a facility uhose revenue mholly supports the bond issue, such issue requiring on voter approval,. Bonnohe's Charter requires Council to submit to the free- bold voters of the City general obligetlou, noirevenue head issues referred to la the first bond-fiaaacing plan set forth above although the Constitution of.Virginia does not require voter approval of nny sort. In Ronnohe, u sonrerenue bond issue must be approved by the affirmative vote of n~ majority of the freehold voters mbo vote on the proposed bond Issue. Only Danville has t similar restriction, There is today in the bond authority account of the City approximately $23,000,000. Council should hive the authority, with specific limitations, to issue bonds up to the constit~tion- ally prescribed limit of 165 of the assessed valuation of the real estate in the City, so that Council cnn plan for and finance a long-term capital improvement program for the City. The alterna- tive is the present method of piecemeal improvement financed by saddling annual budgets with entirely inadequate appropriations for capital improvements. Recommended limitations to Council's authority to authorize a) public hearing on the proposed bond issue, with appropriate neuspeper notification of the purpose, b) bond ordinance approval of at least five of the d) bonds to state on their face the purpose of the issue, to which purpose proceeds of the sale must be applied exclusively; and e) advisory referendum of the qualified voters if, B. E~imi~t~ s~p~ra~e election of the M~vor. (Section 4) The Commission believes that direct election of the Mayor is an unwise deviation of principle from the council-city manager where final determinations of all issues are those of the group. Separate election of the mayor promotes voter scrutiny of bis lend undue importance to the position of the mayor in relation to his fellow councilmen. in the public mind the impression that the mayor is the public official with whom one should deal, thus leading to a diffusion of tko city manager*s authority for manageral matters and a diminution of the equal end joint authority of councilmen for policy*making decisions of the council. The objective of a council should always be effective team- work. The elevation of one councilman by separate election of the playing improperly upon personalities. In other words, separate election of the mayor tends to create t supposed center of political administrative nature, which often should not be before a council in the first instance, to be introduced to such conncil and treated by it as p01itic~l issues. The Commission believes that the role of each of this City's Councilmen should be one of authority and of, dignity, free from administrative detail and political technique, and that the presiding officer of Council should not be selected on the basis of popularity but rather on the basis of his fellow Councilmen's judgment of his'ability to servens the presiding officerof Council and as the official representative of the City. C. Reduce the uulber of reaulur ueetinas of Council to 26~ (See,ina 10) The Commission recommends that the member of regular meetings of Council be reduced from 30 or 40 t year to 26 meetings, ore ia each odd-nulbered meek. Too frequent meetings or Council tend to promote involvement in aa excessive amount of administrative detail. la sddltion. Councilmen are ifforded too little time to prepare themselves for meetings of Council or to follom up ow committee assignments. D. lner~nsm the solnrv of Counclllen to $2.600 and the Mayor to $5.200 a year. (Section 6) This recommendation is related to C above recommending bimeehly meetings of Council. The Commission feels that compensation for Councilmen should be related to sole extent to the number of regular meetings of Council. analogizing somewhat to board of director meetings and related fees. E. Eliminate the limitation on the tax rate. (Section 2) The tax rate limitation now contained in subsection I of this section is virtually meaningless. Since any foreseeable tax rate could be imposed under the existing provision, the Commission concludes that the tax rate should not specifically relate to cost of paying off nonrevenue bonded indebtedness and the cost of operating public schools. This has promoted confusion over the actual use of revenue. Neither in fact nor in theory is there any longer a valid reason for the present tax rate limitation. F. Eliminate from the tax richer seoarate lis,ina of the cost of operation and administration of City aovernment and cos~ 9f 0aeration of City schools. (Section 34) The Commission believes that the reqoiremeat that the tax ticket show the cost of the operation and administration of City government and separately the cost of the operation of public schools is unwise° The separate listing of the cost of operation of City schools leaves the impression that school operation may be financed only by property taxes, while in fact there is no legal requirement that school operation be financed in this manner. The Commission is convinced that it is far better to provide for annual assessments of every type to raise revenue for all types of expenditure, rather than tie a particular expenditure to a particular source of revenue. The Commission believes that a return to the practice of listing only the overall tax rate will end the misunderstanding that a portion of general funds is segregated for City administration and a portion for operation of the City schools. G. Elimjfl~V the Budaet Commission. (Section The Commission recommends that the Budget Commission be abolished and that there be a return to the normal procedure of having the City Manager prepare the budget for the City. The Commission proposes that the City Manager submit to Council each year on or before May I a budget for the ensuing fiscal year and an accompanying message. This should provide the City Manager the opportunity to present precisely what he expects to accomplish during the coming year, the estimated cost of his program, the size of the City debt and the sources of revenue available to finance the City Manager*s program and amortize the City*s bonded indebtedness. The Commission believes that the use of a ~udget Commission greatly increases the time City department heads must spend explaining the annual budget and improperly removes from the City Manager the responsibility of preparing the budget within which he proposes to operate during the coming year. Furthermore, the service of a Budget Commission does not appear to have accomplished its objective of stimulating citizen interest sufficiently to justify its continuance. H. Eliminate Council aooroval of anDointment Of d~nartment heads bT the City Manaaer. (Section 7) The Commission is of the opinion that subjecting the City Menagerie appointment of department heads to a vote of confirmation 412 by Council is au unwise restriction on the City Manager and might seriously hamper his flexibility in negotiating mlth good men, especially aoaresldeatso aha are potential department heads, I. ~rovlde oenalties for violation of the mowers of Council. (Section 11) The Commission proposes that grounds other than absence be provided as the basis for imposing upon Councilmen a penalty fat violation of the Charter, The recommended grounds for for- feiture of office are the usual ones, J. Provide that an Assistant City #unmoor must be hired. (Section The Commission feels that the City needs additional adminis- trative leadership and that the responsibilities of the City Manager are such ns require appointment of an Assistant City Rannger aha mould perform whatever duties the City Manager assigned to him. If the City government is to function properly, an Assist- ant City Manager is essential, particularly in viem of the recommendation that the City Manager again be assigned responsi- bility for preparing the annual budget. K. Provide for magistrates to issue Marrants. (Section 27) The Commission considers the section in the current Charter dealing with the Municipal Court (1) too detailed and repetitious of state law and (2) believes that it should provide that Council must appoint one or more qualified lawyers to serve as magistrates for the purpose of issuing warrants at such times and at such places as the Chief Municipal Judge shall determine. These magistrates uould have the pomer of Justices of the peace under state law and could be assigned as bail commissioners in conjunction math their warrant-writing duties. L. Provide the School Board with all Domars and duties permissible under state law. (Section 56) The Commission feels that the Roanoke School Board should be provided all the pomers and duties permissible under state law. Specifically the School Board should not be required to approve each claim against it and submit such claim to the City Auditor for audit prior to payment. The School Board, pursuant to state law, should be able to appoint an agent, such as a deputy superintendent of schools, for the purpose of payment of claims against it, The processing of such claims should be treated as a routine adminis- trative matter, since for the most part claims will conform to planned expenditures already approred in the annual school budget. III. 0~her Recommendations A. P~ovJde for a new descriotion of the City's boundaries to conform to the requirements of state lam. (Section 1) B. Prg¥id~ tb~ City A~ditor with the ~ower to administer oaths both to persons makino claims for or aoainst the City. (Section 23) Prgvid~ that facsimile sionatures of the City Auditor be employed and that the counterslanature of the City Manaoer be eliminated in DreDarino a check drawn on the City treasury so as to conform to accepted financial practices. (Section 23) D. Eliminate the patrolman residency reouireme~t leaving to the City Manager the responsibility of determ~ni~ qualifications of patrolmen.. (Section 31) £. Pr0¥~e that the Fire Chief nay issue orders, rules and r~qulgti~s for the Fire Deoartment. subject to the saner- vision of the City Mana~eF, thereby conforming to the present p~actJce:Jn the'Police Department. (Section 32) F. provide that the unencumbered balance of each annrooriatJon of Council 'laose* at the end of the fiscal year so as to provide explicitly that all unspent appropriations, including appropria- tions of Council for school purposes, revert to Council on June 30 of each year for further appropriation in the ensuing fiscal year. The Commission mtshes to make it clear that this Charter provision ia co may relates to unspent state funds provided the Roanoke School floerd, uhich cra not on appro- priation of Council and accordingly do tot revert to Council for further appropriation. (Section 36) Provide that 8 'service' costina lore thin SS.GO0 be at.vide4 for by contract~ (Section 40) R. Eliminate the Sin~lna Fund Commission but continue 8 sinking fund administered by the City Auditor, subject to the super- vision of the City Manager and such reports us Council may require concerning its condition. (Section 46) I. Provide that the School Board be *appointed* by COUncil rather than *elected' by Council. (Section SS) Jo Provide that the police mower of the City and the JuTisdiCtiOn of City oollce extend to City-owned OFonertv located beyond the cornorate limits of the City so as to take full advantage of power now granted municipalities under state lam, (Section 57) K. Streamline the provisions on zenana which are non repetitious of state law and possibly might be restrictive of Council*s desire to adopt n new zoning ordinance. (Section 62) L. Provide for the creation of a Charter Study Commission in each 9dd-numbered year tO prepare recommendations which Council may wish to present to the ensuing biennial session of the General Assembly. (new Section 73) M. Minor ?~itorial chanoes to account for certain other recom- mendations set forth above. (Sections S, 17 and 20, and nee sections 74 and 75) IV. Conclusion All recommendations set forth above are those of all seven members of the Commission except item Il. B. uhlch proposes elimination of separate election of the Mayor. This recommendation Is supported by six members of the Commission while the other member recommends that the present practice of separate election Of the Mayor be retained. The Commission recommends that Council, pursuant to state law. provide for a public hearing in lieu of a referendum in order to determine which of the recommendations set forth above Council desires to present to the 19bb General Assembly for enactment us amendments to the existtn9 Charter. Respectfully submitted, Floyd M. BrOil E. Griffith Dodson, Jr. Sam Labson Harry ~. Whiteside, Jr. Holman Willis, Jr, Richard R. H~ Secretary Thomas D. Rutherfoord, Chairman 1965 CHARTER STUDY COMMISSION By S! Richard H. Hahn Secretary V. APPEIVDIX. ROANOKE CHARTER OF 1952 (as amended to reflect the recommended changes in the Charter set forth he~ter) 1. The city and its boundaries. 2. Powers of the city. 3. Creation and pomers of cooncil. 4. Composition of council. 5. Oualification of members of council. 6. Compensation of the mayor and of councilmen. ?. Limitations of the powers of council. Officers elective by council; rules 9. Elections by council. 413 414 10. Meetings of council, 11. PeocltI for violations of the pomers of council. 12. Legislotlve prdcedure, 13. Effective date of ordinances and resolutions; eeergelcy measures. 14. Record and publicotioo. 15. The lnyOr. 16. Time of holding municipal elections. 17, #etbod of conducting municipal elections, la. Election of other officers. 19. Genersl provisions feinting to elections; how elections conducted. 20. City manager. 21. Assistant city manager. 22. Investigations. 23. Creation of departments and department beads; deputies and assistants. 24. City clerk. 25. City auditor. 26. City attorney. 27. Municipal court. Clerk of the municipal court. Juvenile and domestic relations court. 30, Bail. 31. Police department. 32. Fire department. 33. The annual budget. 34. The annual appropriation. 35, Fiscal year. Unencumbered balances. 37. City treasurer. 39. Commissioner of revenue. 39. Vacancies in the office of city treasurer or commissioner of revenue. Contracts for public Improeemeots. 41. Improvement by direct labor; emergency work. 42. Alterations or modifications of contracts for public improvements, Public advertlsin9. 44. Actions against the city for damages. 45. Laying out of streets. 46. Sinking fund. 4T. Bond issues. 46. Refundin9 bonds. 49. Temporary loans. 50, Special assessments. 51. Lien for taxes, etc. 52. Levy for taxes. 53. License taxes. 54. School districts, etc. 55. School board. 56. Powers and duties of the school board. 57. Police power of the city beyond its corporate limits. 58. Books, records, etc. 59. Qualification of members of the council and other officials. 60. Bonds of officers. 61. General disqualifications of officers, etc. 62. Zoning. Pomer to appoint board or commissions of citizens. 64. Working prisoners. 65. Pensions, relief and retirement funds. General laws to apply. 67. Attorney for Commonwealth to prosecute violations of ordinances. Continuance of officials and officers. 72. Partial invalidity. SECTION I City of Roanoke (hereinafter sometimes referred to as the *city*), prescribed by the Acts of the General Assembly of Virginia, hereinafter enumerated, and by final decrees or orders of the court or courts establishing such boundaries, hereinafter enumerated, shall continue to be a body politic and corporate, to be known and designated the City of Roanoke. The Acts of the General Assembly and court orders or degrees hereinbefore mentioned are as follous~ (a) Ants of General Assembly. 1. Acts, 1952, Chapter 216, p. 258, as amended. (b) Court orders or decrees. 1. Order entered on September 14, 1964, in the circuit court of Roanoke County. recorded In the office of the clerk of the hustings court of the City of, Roanoke in deed book 1166, beginning on page 161, and related map recorded in map boob 1, beginning on page 169. SECTION 2 P~w~rs of the city. (Introduction and subsection 1) The city shall have and may exercise all pomers which are now or may hereafter be conferred upon or delegated to cities under the Constitution and laws of this State. as fully and completely as though said powers were specifically enumerated herein, nnd no enumeration of particular powers in this Charter shall be held to be exclusive. The city shall have perpetual succession, may sue and be sued. contract and be contracted with and may have a corporate seal mhlch it may alter, renew or amend at its pleasure. In addition, the city shall hare the following specifically enumerated powers: (1) To raise annually by taxes and assessments in the city such sums of money as the council hereinafter provided for shall deem necessary for the purposes of the city and in such manner . as the council shall deem expedAent, in accord- ance with the Constltullon and laws of this State and of the United States. SECTION 4 Comoosttion of council. There sba'Il be a council composed Of seven members elected by the qualified voters o~ the city at large to serve for respective terms of four years, from the first day of September next following the date of their election and until their successors shall have been elected and qualified. On the, second Tuesday in June. nineteen hundred sixty-six, and each four years thereafter. three councilmen shall be elected for a full term of four years and until their successors shall have been elected and qualified. On the second Tuesday in June, nineteen hundred sixty-eight, and each four years thereafter, four councilmen shall be elected for a full term of four years and until their successors shall have been elected and qualified.* At the biennial organizational meeting of the council herein= after provided for in section 10 hereof, the council shall elect from among its members for a two-year term officers of the city who shall have the titles of mayor and vice-mayor;provided, however, that the persons elected as mayor and vice-mayor by separate vote of the electorate on the second Tuesday in June, nineteen hundred sixty-four, shall continue to serve as such until the first day Of ~eptember, nineteen hundred sixty-eight. Vacancies in the council shall be filled within thirty days by majority vote of the remaining members of the conncll from among the qualified voter~ of the city; provided, however, if a vacancy shall occur prior to the second Tuesday in June in the second calendar year before the expiration of the term of such member of the Council who created the vacancy, a councilman shall be elected at the next such regular councilmanic election to serve for the remaining tug=year portion of such unexpired term. A vacancy in the office of vice-mayor shall be filled within thirty days by majority vote of the remaining members of the council from among its members, The vice*mayor so elected shall 415 serve until the first d·y of September ·ext folloul·g the regular co··cllmanic election. Prior to the first d·y of September, nl·eteen hundred sixty-eight, · v·ce·cy in the office of mayor nh·Il be filled by the .vice-mnfor elected by separate vote or the electorate on the second Tsesday is June, nineteen hundred sixty four; provlded,.homevere that if the said vice-mayor shall have vacated bis office prior to the vacancy In the office ~f mayor, the v·cancy la the office of mayor shall be filled mithJn thirty days by msJority vote or the remaining members of the council from nm,ag its members. The mayor so elected in such l·tter eve·t nb·Il serve until the first d·y of September next foil,ming the regular council- manic election. On end after the first day of September, · lneteeu hundred sixty eight, u vuc·ncy in the office of mayor or vice-mayor shsll be filled mithlu thirty days by the remain- ing members of the counollfrom sm,ag lis members to serve until the first dsy of September next foil,ming the regular council- manic election. In the event of any such vacancy or vacancies in the office of mayor or vice-mayor, the remaining members of the council shall, after filling such vacancy from among its members, fill the resulting vacancy in the council in the manner hereinbefore prescribed. SECTION 5 OaalifJc~tion of members of council. All qualified voters of the city shall be eligible to hold the office of councilman. No candidate for the office of councilman shall promise any money, office, employment or other thing of value to secure his nomination or election or accept in connection uith his candidacy any money except as permitted by the laws of this State. Any such candidate violating this pro- vision shall be guilty Of a misdemeanor and, upon conviction there,fi shall be punished by a fine not exceeding five hundred dollars, or imprisonment for a term not exceedt·g six months, or botht in the discretion of the court or jury, and shall forfeit his office if elected. In the event of such forfeiture, the person receiving the next highest number of votes mbo has not violated the said provisions shall be entitled to the office of SECTION 6 Effective the first day of April, nineteen hundred sixty-six, · the salary of each councilman shall be twenty-six hundred dollars per year and the salary of the mayor shall be fifty-two hundred dollars per year, such salaries to be payable in monthly install- meats as nearly equal as possible. SECTION 7- Limitations of the Dowers of council. Neither the mayor, the council, nor any of its 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 administrative service. Except for the purpose of inquiry, the mayor, the council and its members shall deal mith the administrative service solely through the city managert 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. SECTION 10 Meetinos of c~uncil. On the first day of September in each year next following the regular councilmanic election, or If such day he Sunday, then on the foil,ming day, the coencil shall meet at the usual place for holding meetings of the council, at which time newly elected councilmen shall assume the duties of their office. Thereafter the council shall hold a regular meeting once every other week in each odd-numbered week of the calendar year at such times and at such places as the council may prescribe by ordinance or resolution; provided, homever, the council may by unanimous vote postpone n regolor meeting of the coonoil for abe ueeh, Any member of the council or the nit7 muosger way cull u speolol meeting of the council et uny time upon ut least twelve hourst written notice to each member, survud personally or left either et his usual place of brislings or resldence~ or such meeting any be held ut uny time without notice if nil members or the council attend, All regular and special meetings of the conncil shall be public, except where the public interest may require executive sessions. Any citizen shall hove access to the minutes and records of all public meetings of the council. SECTION 11 Penalty for violations of limitations of the Dowers of A councilman or the mayor shall forfeit hfs office if he (1) locks at uny time during his term of office nny qualification for the office prescribed by this Charter or by law, (2) hnowingly violates any express provision of this Cbsrter, (3) is convicted of u crime involving moral turpitude, or (4) fails to attend five consecutive regular meetings of the council without being excused by the council. SECTION 17 Method of conducting municipal elections. The candidates at any regular municipal election for the election cf councilmen, equal in number to the places to be filled, who shall receive the highest number of votes at such election, shall be declared elected to the conncil. In any such election each elector shall be entitled to vote for as many persons as there are vacancies to be filled. For the conduct of regular municipal elections, the council shall adopt by ordinance all regulations which it considers desirnble,.consistent with the laws of this State end with this Charter. SECTION 20 The city manager shall be the administrative head of the city government and shall be responsible to the council for the efficient administration of all offices of the city. He shall be chosen by the council without regard to his political beliefs and solely upon the basis of his executive and administrative qualifications. The choice shall not be limited to inhabitants of the city or 5tote. He shall be appointed for an indefinite period and shall hold office during the pleasure of the council. He shall receive such compensation as the council may determine. He shall be bonded as the council may deem necessary. During the absence, disqualification or disability of the city manager, the assistant city manager shall perform the duties of the office. The city manager shall have power, and it shall be his duty: (a) To see that all laws and ordinances are enforced. (b) Except as otherwise provided in this Charter, to appoint such city Officers and employees as are necessary for the proper administration Of the affairs of the city, with the power to discipline and remove any such Officer and employee, but he shall report each appointment and removal to the council at the next meeting thereof following any such appointment or removal. (c) To attend all meetings of the council, with the right to take part in the discussion, but having no vote. (d) To recommend to the council for adoption such measures as he may deem necessary or expedient. (e) To make reports to the council from time to time upon the affairs of the city and to keep the council fully advised of the city*s financial condition and its future financial needs. (f) To prepare and submit to the council a budget for the ensuing fiscal year and an accompanying message explaining the budget both in fiscal terms and in terms of the work programs. (g) To perform such other duties as are prescribed by this Charter or as may be prescribed by the council. 417 418 SECTION 21 Assist~mt city martinet The conncll shall choose an assistant city manager in the same manner as is provided in the preceding section of this Charter for the selection of the city manager. He shall be responsible'to the city maaiger rot the administration of all city affairs'placed in his charge by the city. manager or under this Charter..Oaring the absence, disqualification or disability of the city manager, he shall perform the duties of that office. SECTION 25 Cit~ auditor,~ (Introduction and subsections (c) nad id)) Theclty auditor shall be elected et the time. in the manner, and for the term provided by section 9 of this Charter. (c) The auditor ~hell bare the power to examine and audit all accounts, claims lcd demands for or against the city; and on money shall be drawn from the treasury or paid by the city to an~ person, except as herein othernise provided, unless the balance due and payable, be first settled and adjusted by the auditor; and for the purpose of ascertaining the true state of any balance or balances so due, he shall have and is hereby clothed with full power and authority to administer an oath or oaths to any person or persons making claims for or against the city, or any other person or persons uhom he may think proper to examine as to any fact, matter or thing concerning the correctness of any account, claim or demand presented and the person so sworn shall,.if he swears falsely, be guilty of perjury and be subject to the punishment prescribed by law. (~) The auditor shall ~raw a warrant on the treasury for all money found to be due and payable to any person, stating the particular fund or appro- priation to which the same is chargeable and the person to whom payable; and no money shall be drawn from the treasury except on the warrant of the auditor as aforesaid, which warrant may bear the facsimile sig- nature of the auditor. Out the auditor is forbidden to issue his warrant for the payment of any money in excess of the appropriation on account of which said money is SECTION 27: (al There shall be a municipal court for the city known as The Municipal Court of the City of Roanoke composed of · chief municipal Judge and such number of municipal Judges, associate judges, substitute Judge, clerks, deputy clerks, referees, bailiffs, probation officers and clerical assistants os the council shall determine. The salary of each of the said Judges shall be fixed by the council. The municipal court shall have such juris- diction and other Judicial powers as are conferred on such courts by general low. (b) The Judges of the municipal court shall be appointed by the council for terms of four years as prorlded in section 9 of this Charter, and vacancies in the office of any judge of the municipal court shall be filled. (c) Every judge of the municipal court shall, at the time of bls appointment by the council, have practiced law in this State for ut least fire years, be qualified to practice law In the city and have been a resident of the city for at least one year. id) The c~ief municipal judge ~hul'l divide the municipal court into such number of divisions as he deems desirable for the proper disposition of civil, criminal, traffic and other matters and cases and shall make the necessary division of the business of the court and assignment of cases for trial. II 419 (e) The council shall, for the purpose of the issuance of warraotso appoint one or more persoos to be known ns magis- trates, each of whoa shall be compensated and shall hold office for such term ns the council may prescribe. Each such magistrate shall have the Juriidlcklou end other powers coorerred aa Justices or the peace by general law. The chief municipal Judge may designate aa! such mnglstrnte n bail commissioner. Each such magistrate shall be qualified to practice law in the city, have been a resident of the city for at least one year nod shall serve at such time or times and at such place or places as way be determined by the chief municipal Judge. SECTION 31 Police deoartuent. (Paragraph One) The police departwent shall be composed of n chief of police and of such officers, patrolmen and other employees as the council may determine. The chief of police shall hare the innedlate direction and control of the police department, and shall issue all orders, rules and regulations rot the government of said department, subJect, however, to the supervision of the city manager. In case or the disability of the chief of police to perform his duties by reason of slchness, absence from the city or other cause, the city manager shall designate some member of the police department to act as chief of police during such disability, ned the officer so designated shall serve without additional compensation. The members of the police department shall be appointed and may be removed by the city wanager,' but the city manager shall report each appointment and removal to the council. Each member of the police department shall have issued to him a warrant or appointment signed by the city manager, in which the date of his appointment shall be stated, and such warrant shall be his commission. Each member of the said department shall, before entering upon the duties of his office. toke and subscribe on oath before the city clerk that he will faithfully without fear or favor perform the duties of his office, and such oath shall be filed with the city clerk and preserved with the records of his office. And in addition the ~everal officers of the said department shall, if so required by the council, give bond in such penalty and with such security a~ the council may by ordinance prescribe. SECTION 32 Fire department. (Paragraph One) The fire department shall be composed of a fire chief and of such other officers, firemen and employees as the council may determine. The fire chief shall hare the immediate direction and control of the fire department, and shall issue all orders, rules and regulations for the 9overnment of said department, subject, however, to the supervision of the city manager. SECTION 33 The annual hudnut. The city manager shall submit to the council sixty days prior to the end of the fiscal year a budget for the ensuing fiscal year and an accompanying message explaining the budget both in fiscal terms and in terms of the work programs. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this Charter. shall be in such form as the city manager deems desirable or the council may require. The city manager*s message shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues, together with the reasons for such changes, summarize the city*s debt position and include a recom- mended property tax levy. SECTION 34 The annual anoro~riatifln. Before the end of each fiscal year. the council shall pass an annual appropriation ordinance which shall be based on the budget submitted by the city manager, and shall levy such tax for the ensming fiscal year as in its discretion shall be sufficient to meet all just demands against the city on any account. 420 SECTION 36 Uaencumbere~ balunces, At the end or each fiscal 7ear, or upon the completion or capital Improvement project or other object for which a specific unencumbered balance o! each appropriation bi council shall lapse. An appropriation shall be deemed to be encumbered when a valid claim or binding obligation shall bare been Incurred against such appropriation. shall any claim against the treasury of the city or obligation SECTION 40 right. ~ECTION 46 prozlde for and the couocfl shall Zbereafter include tn Its SECTION 47 imposed bi law. subsections (a) and (b) of sectioo 127 of the Constitution dais prior to snch public hearing, the council shall pnblish ia n newspaper of general circulation same as for the passage of aey other ordieeece, except BO sech ordieaace shell be pissed es aB emergency ordinance end five affirmative votes shall he, necessary for its adoption; c. Bonds issued by the council pursuant to the provisions of this section shell state on their face fey mhet purpose or purposes they ere issued, end the proceeds shell be applied exclusively to such purpose er purposes. The council may ia its descretioe provide for an advisor7 referendum on any proposed bond issue. The council shell determine by ordinance the form and the manner of execution of bonds issued under the provisions of this section, subject to such limitations as ma7 be imposed by law. SECTION 55 School board. The council shall appoint a school hoard of seven members to serve for a term prescribed b7 ordinance. SECTION 5~ Powers and duties of th~ school board. The school trustees of the city shall be a body corporate under the name and style of The School Board of the City of Roanoke (hereinafter the 'board'l. The board shall hare all of the powers, perform all of the duties end be subject to ell of the limitations now provided or which may hereafter be provided by law in regard to school boards of cities in Virginia, except that all real estate with the buildings and improvements thereon heretofore or hereafter perchased mith money received from the sale of bonds of the city, appropriated by the council or received from any other source for the purpose of public education, shall be the property of the city, unless such money so received from any other The board shall once in each year, and more often if deemed necessary by the council, submit to the council and to the city auditor a detailed statement of all moneys received by the board or placed to Its credit. This statement shall detail by separate accounts moneys appropriated by the council and moneys received funds on hand or under control of the board as of the date thereof. The board shall on or before the first day of March in each year submit to the council, and to city mann,er for his information in preparing the budget for the city for the ensuing fiscal year, in such fern as council may require, a detailed estimate of the operation of the public schools of the city for the'ensuing fiscal year, with an estimate of the amount of all funds which will he received by the board for the purpose of public education from sources other than appropriations by the council. The council may, in its discretion, provide hy ordinance for an audit of the affairs and records of the board by the city auditor or by any other .competent person or firm selected by the council. SECTION 57 Police oower of the ~ltv beyond its corpQF~t~ limits. The council may, pursuant to sections 15.1-131.1 and 15.1-142 of the Code of Virginia 1950, as amended, or any amendment or exercise all power grunted by law with respect to'the powers of police and certain other officers as to land and property omned by the city beyond its corporate limits and with respect to the extension of the police power of the city over city-oMned land and property lying beyond its corporate limits. The municipal court of the city shall hare Jurisdiction of all offenses committed within one mile from the corporate limits of the city against ordinances of the city prescribing rules and 421 422 regulatioaso and peuallins for violation of such rules and regolutfoast relating lo miry-owned land and property beyond corporate llwita. The canary courts or the coosW In ehinh such land and property ia lowered shall have Jurisdiction of all offenses committed'more than one Bile from the corporate liwit of the city against the aforesaid ordinances of the city. SECTION 62 Zonino, The council shall ufth regard to noulag have nil of the pouers, perform all of the duties and be subject to ali of the liwitatioos with respect thereto non provided or which Bay hereafter be provided by law. The council way by ordinance adopt land use nad development regulations, ]acJndJng but not limited to an official map and zoning subdivision regulations. SECTION 73 Charter study commission. The coancil shall not later than the thirty-first day of January in each odd-numbered calendar year appoint a charter study commission composed of not less than seven nor more than eleven members, each of whom shall be u qualified voter of the city and none of whom shall be a city official oF city employee. The council shall direct that the Charter study commission mahe a study of the current Charter and report in writing to the council on or before the first day of November in the year in which such commission wes created its recommended changes to be made in the current Charter. SECTION 74 Citation of Chartqr This Charter may for all purposes be referred to and cited os the 8oanohe Charter of 1952. SECTION 75 Reoeal of inconsistent munici~al ~d state laws. All clty ordinances, resolutions, orders, regulations and, to the extent that the Constitution and laws of this State permit, laws relating to or affecting the city or its agencies, officers or employees which are enforced when this Charter, or any amend- ment thereof, becomes fully effective are repealed or superseded to the extent that they are inconsistent with or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto.* In this connection, Mr. Stoller read the following statement: "November 1, 1965 The 1965 Charter Study Commission deserves the tbanks of City Council and the citizens of Roanoke for the Commissioo*s careful consideration of the Roanoke City Charter and the recommendations for improvement thereof; Because I differ with the Commission in its conclusions with respect to some aspects of local govern- ment does act imply that I do not hold the members of the Com- mission in the highest regard. Because of its detachment the Commission has the advantage of an objective view of our local government. On the other hand, it lacks the detailed knowledge and the spirit of oar enterprise which councilmen acquire from week=in, week-out connection with our local government. . In my opinion, the Commission's conclusions embody entirely too Olympian a concept of City Council's fonction and indeed of the City Manager's. The council-manager form of government is a 20th Century concept to which Roanohe Is properly committed because it is capable of giving ns honest, impartial and efficient local government. The basic form has been adapted to local conditions and tempered by local history. Only a purist would require that the manager be installed in a position so remote from the public (whose servants we all are) and the Council at whose pleasure he serves. Ne huns frou experience that it is only for gross malfeasance that the dismissal of a uanager scold even be considered. As long as be does a reasonably workmanlike job, 423 aa one even coneldern his removal. B.t being hamae he does err, and ¢ounoll eau often eld klm lu bis admlulstralioa. If this Is meddling, make the most of.it. Aa I see lt, a city manager ia the executive officer for the council. Ir he ia 8 ann of churncter and couaoilwee are likewise dedicated to their tusks, a workable relationship based on mutual respect develops, nnd this inures to the benefit of the City. ~e mast never forget that o~ten ue should defend our executive officer against the pnblic*s sometimes erroneous misconceptions.· Be should never be exclusively the subject of our castigation, It Is up to us to match him. SO much for governmental philosophy. The Commission submits 12 major and 13 other recommendations. I disagree with seven or its major recommendations. In this disagreement I respect the fact that the commission is entitled to honestly disagree wJtb my view. LJkemise. I may respectfully disagree eith them. Half the council-manager cities i~ the COuntry provide for the direct election of the mayor. To discard it without a fair trial may limit us in the field of civic leadership responsive to the people. Roanoke mill be run math or without a mayor. It Is better to bare u political head rather than the de facto or self-assumed leadership ue mould otherwise have. A municipal institution going back hundreds of years and of demonstrable utility should have a more serious consideration. To reduce the number of meetings when it is perfectly obvious that since September 1. 1962 me have been turning out work at a prodigious rate is to unnecessarily hobble a hard-working Council· The volume of matters considered by this Council can be seen by comparing the number of ordinances and resolutions passed in the last three years with any other three-year period. I would not modify the tax ra~e limitation at this time. ~ince the present system gives us all the revenue we can expect from property taxe~ a~ a practical matter, there is no point in unnecessarily alarming property-owners. The Budget Commission system has done no ham, and much good has resulted from its introduction of forms for compiling the budget in an orderly fashion. Basically the Budget Commission is an extension of a budget committee or budget officer. The budget itself is too Important an instrument of policy to be entirely committed to the manager in a City of our size and expenditures. Nor mould I eliminate councilmanic ratification of managerial appointments. A manager of common sense obtains de facto approval anyway, so why not formalize the informal? It seems inconsistent to idolize the manager and then require that he must have an assistant. This is a matter which the manager should work out as he sees fit with the Council on an optional basis. Recent experience'teaches us that financial safeguards do not unnecessarily hamper a school board working with Council, while the recommendation fL.) takes the school board in the other direction. Too much money is spent on schools, and a great deal more is going to be spent, to lessen necessary controls on the spending of the public*s money. MINOR RECOMMENDATIONS I disagree fairly strenuously with three of the 'minor' suggested changes, and question some of the others. Ordinarily countersignatures constitute a financial control (Ill-C) bet it may be that automated systems do not need this. Because protective forces such as police and firemen are semi- military. I adhere to the view that they should live in the City We have had too much trouble with the fire department to go poking around (III-E.) Recently the rules and regulations mere updated; this should be enough for the time being. 424 · I dlaagree that school ruods,fron the State'(III-F) are not subject-to couocllmaalc appropriation. In this parcgroph, I do not-differ with .the recohmended'provlslon but rather mlth the commentary, Nlth respect to III-J. I mould'lihe to have the advice of the City Attorney whether Council can plane Jurisdiction in n A POSITIVE APPROACH I believe adoption of II-A or some equivalent mould provide Council mith the necessary flexibility for the orderly financial progress of the City. Anybody should be eligible to run for mayor mithout resigning, and this confusion should be eliminated from the present Charter. To Justify the time the offices of Mayor and ConnclJman require, the pay should be $6.000 and $3.000 respectively. This would be a good investment of City funds. 'The laborer is worthy of his hire,* CONCLUSION Having said the foregoing, I do not say that my mind is closed on all or any of this matter. Certainly. I mould mish to hear the views of those of our people who wish to speak out on this rather technical matter. I therefore move that a public hearing be held November on the proposed charter changes. Respectfully, Murray A. Stoller City Councilman' Mr. Stoller then moved that Council receive the report of the Charter Study Commission. The motion mas seconded by Mr. Pollard and unanimously adopted. Mr. Stoller then moved that a public hearing on the recommended changes to the City Charter be held at 2:00 p.m., November 15, 1955. After a discussion of the matter, Mr. Stoller mithdrem his motion and Mr. Nheeler moved that the report of the Charter Btudy Commission be taken under consideration in order that members Of Council might have an opportunity to study same before holding a public hearing on the recommended changes. The motion was seconded by Mr. Jones and unanimously adopted. Mr. H. F. Stoke appeared before Council and stated that he desires an opportunity to be heard mhen the public hearing is held. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. IK[RODHCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-PAY PLAN: Council having directed the City Attorney to prepare th proper measure authorizing the City Manager to fill certain.vacancies in various municipal departments since they are of an emergency nature, he presented same; whereupon, Mr. Mheeler offered the following Hesolution:- (~16730) A RE$OLUYION authorizing the City ianager to employ certain (For full text of Resolution, see Hesolution Hook No. 28, page 45?.) Mr. Mbeeler moved the adoption of the Resolution. The motion nos seconded by Mr. Pollard and adopted by the follouing vote~ AVES~ Messrs. Garland, Jones, Pollard. Pond, Stoller, Mheeler and Mayor Dillard ........................ NAYS: None .............. O, SCHOOLS: Council having directed the City Attorney to prepare the proper measure approving the participation of the City of Roanohe in Program Developuent, developed and undertaken by Total Action Against Poverty in Roanoke Valley pursuant to the Economic Opportunity Act of 1964, nod authorizing the contribution of certait articles df property, at a stated value, to he credited against the proportionate share of the City of Roanoke of the cost of said program, he presented same; whereupon, MFo Jones offered the following Resolution: (#16731) A RESOLUTION approving the City*s participation in a certain Community Action Program conducted pursuant to the Economic Opportunity Act of 1964; and authorizing the City's contribution of certain articles of property, at a stated value, to be credited against the City's proportionate share of the cost of said Program. (For full text of Resolution, see Resolution Book No. 28, page Mr. Jones moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the following vote: AVES: Messrs. Garland, Jones. Pollard, Pond, Stoller, Mheeler and Mayor Dillard ....... ~ .................. NAYS: None .................. O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. On motion of Mr. Garland, seconded by Mr. Jones and unanimously adopted, the meeting was adjourned. APPROVED ATTEST: 425 426 COUNCIL, REGULAR MEETING, Monday, November 6, 1965. The Council Of the City or Roonobe. met In regular meeting fn the Council Chamber in the Municipal Building, Rondsy, November 8, 1965, et 2 p.m., the regulur meeting hour, uitb Mayor Dlllsrd presiding. PRESENT: Councilmen Robert A. Osrlsnd, Roy R. Pollard, Sr., Murray A. Smaller, Vincent S. Wheeler and Mayor Benton O. Dlllsrd ................... 5. ABSENT: Councilmen James E. Jones and Clarence E. Pond .........2. OFFICERS I~ESENT: Mr. Julian F. Hirst, City Manager, Mr. James N. Eincanon, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting mss opened math u prayer by th · Reverend Robert L. Bradley, Pastor, Weathampton Christian Church. MINIons: Copy of the minutes of the regular meeting held on Monday, Octobe 4, 1965, having been furnished each member of Council, on motion of Mr. Stoller, seconded by Mr. Mheeler and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. P~TITIONS AND COMMUNICATIONS: 5TRENT LIGI~$: A communication from the Appalachian Pomer Company, transmittinG a list of street lights which were installed dnrin~ the month of October, 1965, was before Council. On motion of Mr. Smaller, seconded by Mr. Mheeler and unanimously adopted, the communication was filed. PARKS AND PLAYGROUNDS: A communication from the Mill Mountain Playhouse Company, requesting that the Cltyof Roanoke forgive rental due by the Mill Mountain Playhouse Company to the olay ~r the summer of 196~, forgive the assessment against the Rill Mountain Playhouse Company for its proportionate share of repairs to the air circulation system in Rockledge Ion atop Mill Mountain, discontinue charging rent for the duration of its lease and allocate funds to the company on an annual basis, uss before Council. Hr. Nheeler moved that the matter be referred to the City Manager for the purpose of furnishing more detailed informatioo to Council along with his recommenda- tion. The motion was seconded by Mr. Pollard and unanimously adopted. WATER DEPARTMENT: A communication from Mrs. H. E. Dulaney, advising that her mater bill for the last quarter Ii $29.b5, as compared uith an average of $5.70, that she keeps the water fixtures in her home in good condition, that her. only income is $73.00 per month from social security and that it is impossible for her to pay this bill ucless it is adjusted, mas before Council. Mr. Smaller moved that the matter be referred to the City Manager for @roper handling. The motion mas seconded by Mr. Pollard and unanimously adopted. PENSIONS: Council ho,log uppoi·ted · cowwittee composed of Yessrs. RurrOy- 5holler, Chllrlllt ~OltOl O. Dilllrd, Jllel E, Jooel end J. Robert Th·woe ko etndy the quesklo· o! placing.city employees under Social Security, il well os the Employees' Retirement Systew of the City of Roanoke, and having directed the Board or Trustees of the Employees' Retiremelt Syokem to consult Mr. George B. Bach, Actuary, to determine the advisability smd costs to bring the Ewployees* Retireweut System inder Social Security and to recommend the benefits such revised system should provide, o communication from Bowles, Aldrews old Toune, Incorporated, indicating the availability of the services of the fJrw to the city in the event Jt CUB be of ouy uosJutonce, .as before the body. Mr. iheeler moved thut the cowmunlcution be referred to the Board of Trustees or the £mployees' RetJrewent System of the City of Roanoke for its informa- tion Jn connection with its study. The motion UBS seconded by Mr. Stoller nad unaniwously adopted, LEGISLATION-CITY CHARTER: Council having taken under consideration the report of the 1965 Charter Study Commission for the purpose of studying sane before holding a public hearing thereon, a joint communication from messrs. A, A. Akers and V. M. Henzel, Co-Chairmen of the Policy Committee of the Association of Retired:ailroad Employees, and Mr. Leslie O. Long, Chairman of the Board of Directors of the America Asnociation of Retired Persons, protestin9 the adoption of the report, was before the body. Mr. Pollard muved that the communication be filed for consideration when Council holds the public hesringo The motion was seconded by Br. Stoller and oeonJmously adopted. PARKS AND PLAYGROUNDS: A communication from Mrs. Lyndon B. Johnson, transmitting pamphlets to be used Jo connection with the beautification of the Roanoke area, was before Council. Mr. Stoller moved that the communication and pamphlets be filed in the ' office of the City Clerk with the understanding that the members of Council and cat] officials will have the right to obtain from the City Clerk any of the pamphlets they so desire. The motion was seconded by Mr. ~heeler and unanimously adopted. Mr. Pollard then moved that the Mayor be delegated to attend a conference on the beautification of Virginia to be held in Richmond on December 9, 1965. The notion was seconded by Mr. Garland and unanimously adopted. REPORTS OF OFFICERS: BUDGET-SEMERS AND S~OBM DRAINS: The City Manager submitted a aRt ten report, recommending that $150 be transferred from Materials '- Buildin~ and Property to Rentals under Section ~4. "Sewer Maintenance,* of the 1965-66 budget, to take care of necessary rentals for the remainder of the year. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: 427 428 (x16732) AN ORDINANCE to amend sod raordoin Section m94o 'Sneer Maioteaaa of tbs 1965-66 Appropriation Ordiasace~ and providing for aa emergency. (For rail text of Ordinance. see Ordinance Rook No. 28, page 4?0.) Hr. Stoller moved the odoptioo of the Ordinance. The motion mas seconded by Hr. Mheeler and'adopted by follouing the AY£S: Messrs. Garland, Pollard. Stoller, Mheeler sad #syor Dlllnrd ..... NAYS: None ............................................................. O, (Messrs. Jones sad Pond, absent) BUDGET-PAY PLAN: The City Homager submitted the following report, recommending that he be outhorlzed to fill certain vacancies in various municipal 'Roanohe. Virginia November D, 1~65 To the City Council Roanoke, Virginia Gentlemen: Authority is hereby requested to fill the follouin9 vacancies: Fire Deportment - I Fireman Public Melfare Deportment - 1 Social #orker - Group 10 Street Cleaning Division - 1 Broom OperotoF. Croup 5. Step 1 10isposal Laborer. Group 10, Step 1 Refuse Collection ~ Disposal Division - 4 Disposal Laborers, Group la, Step 1 Sewer Rointeaance Department - I Street Crew Belper, Group 9 Street Repnir Deportment - 2 Street Crew Helpers, Group 9 Respectfully submitted, S/ Julian F. HOrst City Manager" Mr. 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 proper measure. The motion was seconded by Mr. Pollard and unanimously adopted. STATE HXCHWAYS: The City Manager submitted a written report, transmitting the following communication from the City Attorney uith regard to accaptlog the award made by commissioners in condemnation proceedings brought for the acquisition of four parcels of land in connection with the improvement and construction of Virginia State Route 24, and recommended that the awards be accepted: "November 4. 1965 Mr. Julian F. HOrst City Manager Municipal Building Roanoke, Virginia Dear Sir: Condemnation proceedings have recently been conducted in the Court of Lam and Chancery to acquire for the City the four above- numbered parcels of land necessary for the Cityts State Route No. 24 Project. Follomiag is a summary and comparison of the amounts heretofore authorized to be offered for each parcel and, ia each case, already paid into Court tomard the acquisition of those parchls, and of the total amount of the amards made by the commissioners nod the Court, trying the several cases. "' i EXCESS OF CITVOS COMMISSIORERS' AMARD OVER PARCEL ORNEE OFFER AWARD OFFER 041 Janes ~. Crouse, et exq ~. $5,766.00 $6,000,00 $ 234.00 043 Clifton G, Cpdihe, et ax. 4,468.00 6,00Q.O0 1532.00 044 Thooss S. Martin, Sr.' et mx. 4.212.oo SueDa. OD 15o8.oo 045 Thooes S, Martin, Jr** et nm. 4,190,00 5,800.00 1610,00 Tbs results of the condemnation proceedings hove, in each las*mace, been reported to the ¥irg~nia Department of mhD, I am advised, is agreeable to accepting the above commis- sioners* auards. In order to complete each of the above acquisitions, it mill be neceessrl,tkut the City pay into Court in each case the ezcess of the awards over those aoounts previously paid into Court for the several properties. I have prepared in each of the above instances o resolution bI which the City Council oonld accept each of the aforesaid awards nnd direct that the addltionnl amounts be non paid into Court, the resolutions being attached hereto. I respectfully suggest and recommend that these matters be ~rought to the attention of the next Council meeting and that, st that time. the authority contained in the resolutions be given by the Council, $/ J. S. Eiueanon City Attorney" Mr. Stoller moved th~ Council co ncur in the recommendation of the City Manager and offered the follouing Resolution with regard to the acquisition of Parcel So, 041: (#16733) A RESOLUTION authorizing the acceptance ut an award made by commissioners la condemnation proceedings brought for the acquisition of Parcel NO. 041 bela9 acquired for the City's State Route No. 24 Project. (For fell text of Resolution, see Resolution Rook No, 28, page 470,) Mr. $toller moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Pollard. Stoller, Wheeler and Mayor Dillard ....$. NAYS: None ............................................................O. (Messrs. Jones and Pond, absent) Mr. Stoller offered the following Resolution with regard to the acqulsitio of ~arcel No. 043: (~16734) A RESOLUTION autbortzin9 the acceptance of an award made by coomissioners in condemnation proceedings brought for the acquisition of Parcel No. 043 being acquired for the City*s State Route No. 24 Project. (For full text of Resolution, see Resolution BookNo. 28, page 471.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr, Mheeler and adopted by the following ~ote: AYES: Messrs, Garland, Pollard, Stoller, Wheeler and Mayor Dillard ..... NAYS: None .......................~ ..................................... O. (Messrs. Jones and Pond, absent) Mr. Rheeler offered the following Resolution with regard to the acqutsitio Of Parcel SO. 044: (#16735) A RE$OLUT ION authorizing the acceptance of an amard made by commissioners in condemnation proceedings bm ugh* for the acquisition of Parcel No. 044 being acquired forths City*s State Route Soo 24' Project. (For full text of Resolution, see Resolution Book No. 28, page 472.) 429 430 Hr. Wheeler moved the ndoptloo o! the Resolution. The matlaB uu$ secoodod by Mr; Pollard ned adopted,by khe-followfeg vote~ AYES: Messrs. Gurluud.,Pollurd, Statler, Wheeler und Wayor Dillard .....5. WAYS: None .............................................................O. (Messrs. Jones und Pond, absent) - ,- #r. Rheeler offered the following Resolution uith regard to the ucquisJtio of Parcel No. 045: (~16736) A RESOLUTION authorizing the acceptance of ne umnrd made by commissioners is condemnation proceedings brought for the acquisition of Parcel No. 045 being acquired for the City*s State Route No. 24 Project. (For full text of Resolution, see Resolution Rook No. 28, page 473.) Mr. Wheeler moved the adoption of the Resolution. The motion mas seconded by Mr. Sto/ler and adopted by the follouing vote: AYES: Messrs. Garland. Pollard, Stoller, Rheeler and Mayor Dillurd ..... NAYS: None .............................................................O, (Messrs. Jones end Pond. absent) STATE HIGHWAYS: The City Manager submitted a mritten report advising th~ the City of Roanoke has been unable to obtain on easement from C, C. Bovu and Pearl Bova in Parcel No. 073, necessary for the improvement and construction of ·State Route No. 24, at the a ppruised value of $50,590, and recommended thut appropriate action be taken for the acquisition of same by condemnation. Mr. Stollec moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (;16737) AN O~DINANCE authorizing and directing the acquisition of aa easement in a certain parcel of land designated as Parcel No. 073 necessary ior the improvement and construction of State Route Wa. 24~ in the City; authorizing the Cit Manager to make to the owner thereof nn offer for the Clty*s purchase of said rights; providing for the acquisition of the same by ~ondemnation, under certain circumstances, and for a right of entry thereon; and providing for un emergency. (For full text of Ordinance, see Ordinance Hook No. 28, page 473.) Mr. Stoller moved the adoption of the Ordinance. The motion mas seconded by Mr. #heeler and adopted by thc following vote: AYES: Messrs. Garland, Pollard, Stoller, Wheeler and Mayor Dillard ....5. NAYS: None ............................................................ (Messrs. Jones and Pond. absent) STATE HIGHWAY'S: The City Manager submitted the folloming report regard to the acquisition of Parcel NO. 032 from A~nie May ~. Turner, needed in connection uith the improvement of Virginia State Route 24, for the sum of $100: *Roanoke~ Virginia Noeember R, 1965 TO the City Council Roanoke, Virginia Centlemen~ Ry Ordinance Wa. 16530, adopted July 12, 1965, the City Council directed on offer of $30 be made for Parcel 032, owned by Annie May T. Turner, which parcel is necessary in connection mith the project. The Council also udvised that if the offer was not accepted that condemnntion proceedings be filed. Mr. J. Rodney Fitzpatrick, the project attorney, advises that the landowner has agreed to accept $100 but will not accept the $30 offer. There uere tie appraisals Bade aa tho.property. 0se of the appraisers proposed an error of $1o5, uhich ues to allan $35 for loud and eeaemeut, plus ST0 for daaagee, The approved appraisal ubs for $30, uhich ubs rot lead etd enaeBeut only,tailoRing for so It Is felt b7 the project attorney that since the construction ashes i cut ranging froB 5 to 19 feet it the rear of the lot that au allouaace of $?0 for dosages ia aaa unreasonable, The City Attorney advises this the Right of Way Engineer for the SaleB District of the Virginia Departuent of Highways advises that there is procedure is a specific case of this nKure, uhereb! It is the recomgendntioa of the project attorne! and the city attorney, la uhich I concur, that the abater be settled for $100, as ia acceptable mJth the landouner. It is also recommended that the City Council enact a resolution, authorizing acceptance and auard, in the amount of $100, as proposed above. Respectfully submitted, S/ Julian F. Mirst City Manager" Hr. Stellar Bayed th~ Council concur in the recomuendation of the City Manager and offered the following Resolution: (~1673B) A R£SOLU~ION relating to the City's acquisition of Parcel No. 032 from Annie Hay T. Turner, needed for the City*s State Route No. 24 Project heretofore.authorized to be acquired by Ordinance No. 16530~ (For full text of Resolution, see Resolution Book No. 2B, page 475.) #r. Stoller moved the adoption of the Resolution. The motion was seconded by Hr. Pollard and adopted by the following vote: AYES: Ressrs. Garland. Pollard, Stoller, ~heeler and Mayor Dillard ..... NAYS: None .............................................................O. (Ressrs. Jones and Pond~ absent) SE~ERS AND STORR DRAINS: Council having concurred in the recommendation of the Acting City Manager that the City Hanager be authorized to negotiate with Alvord, Burdick and RoBson, Consulting Engineers, to determine the scope of work involved and the cost thereof mitb regard to further iuprovements to the Sewage Treatment Plant, the City Hanoger subuitted a Mritten report, transmitting a proposa of Alvord, Burdich and RoNson to make such a study and r~port faf the sum of $3,000, the City Homager recommending that the firm be engaged for this purpose. Hr. Rheeler moved that Council concur in the recommendation of the City Ranuger and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Stoller and unanimously adopted. POLICE DEpARTRENT-FIRE DEPARTMENT:' The City Manager submitted the follomi report On changes in personnel of the Police Department and the Fire Department for the month Of October, 1965: "Roanoke, Virginia November 8, 1965 To the City Council Roanoke, Virginia 431 432 la iccordloce ulth ~eetioea 31 ned 32 of .the Roanohe City Charter, I am prosentieg to you the status of the police amd the fire department for the month of October: *Durieg the month of October 1965 the folloulag personnel changes occurred in the Fire Department: R~signed: Earl M, Koae Employed: Gerald D. Simmons Billy #. Southoll ton this dote there are tun (2) vacancies in the Fire Department** *Police Department *There mere no appointments in the police department durlo~ the month of October. 1965. *Officer Molter L. Turman retired on pension October 10, 1965.' Respectfully submitted, S/ Julian F. Hirst City Manager' Hr. Stoller moved that the report be received and filed. The motion mas seconded by Mr. Mheeler and unanimously adopted. ZONING: Council havin~ referred to the City Planning Commission for report and recommendation a request of Mrs. Lenn F. Holcoub that her property located on the northnest corner of Memorial Avenue and Roanoke Avenue, S. M., described as Lots 12, 13 and 14, Block 2, Virginia Heights, Official Tax NO. 1322709, be rezoned from.Special Residence District to Business District, the City Planning Commission submitted the following report, recommending that the reqneSt 'be denied: "November 4, 1965 'The Honorable Benton O. Dillard, Mayor and Member of City Council City of Roanoke, Virginia Gentlemen: The City planning Commission considered this rezonin9 request at its regular meeting of Novehber ~,:1965. The petitioner indicated that the above described property could be used for commercial purposes, but no indication nas given as to the type of establishment proposed for the subject property. Arguments mere presented by severnl neighbors opposing the rezoniog on the grounds that the proposed rezoniag would constitute spot zoning and be detrimental to property values. A petition mith eighteen endorsees Has filed with the City Planning Commission. Upon discussing the feasibility of this request, the City Planning Commission concluded that the proposed rezoning would coustJlute spot zoning since the parcel is located mithin a residential district. The City's land use plan does not propose any commerlcal activities in this area and no unusual circumstances exist uhich mould warrant a change. The City Planning Commission. therefore, recommends to City Council that this rezoning request be denied. Sincerely yours, S/ Dexter N. Smith Henry B. Boynton Chairman" In thin Connection, s COnmnnicution from Mrs, Holcombo requesting permis- sion to mitbdruu her petition for rezoeing, mum ulna before Council. Mr. Stoller moved that Council concur in the request of the petitioner ned that perminsion be grunted for the mlthdrumul of the petition for rezoniug. The motion uus seconded b7 #r. Pollard and ununluously adopted. ZONIHG: Council having referred to the City Planning Commission for study report nnd recommendation u request of Hr. Robert u. Honern. et al** that u 1.66- acre tract, u 3.0?-acre tract and a 2.60-acre tract of land located on the sou*beaut aide o! Tenth Street. N. H.o between Hillcrest Avenue and Round Hill Avenue. describ un Official Tax Nos, 2070222, 2070223 and 2070239, be rezoned from Genernl Residence District to Special Residence Dlntrict, the City Planning Commission submitted a written report, recommending that the request be granted. Hr. Stoller moved that n public hearing on the matter he held ut 7:30 p.m. December 6, 1965. The motion was seconded by Mr. #heeler and unaniuously adopted. At thin point, Hr. Jones entered the meeting. REPORTS OF COMMITTEES: DEPARTME~OF I~JBLIC RELFARE: Council having referred to a committee composed of Messrs. Benton O. Dillard, Chairman, Roy R. Pollard, Sr., the City Mann9 and Ho Parnell Eggleston for study, report and recommendation a request of Roanoke Valley Council Of Community Services, Incorporated, that a Citizens* Advisory Board to the Public #elfare Department be created, the committee submitted the following report: ~November 4, 1965 To: Roanoke City Council Roanoke, Virginia Vour undersigned committee appointed by Council on April lg, 1965, to study the question of creating o Board or Advisory Board in the Roanoke City Welfare Department, ns provided for by Section 63-53.1 of the Code of Virginia. In its inquiry th~ committee has learned that many other cities in Virginia have Advisory Boards in the WelfareDepartment and that they ure working satisfactorily, as shown by a three page attachment to this report. Vour committee recommends that the Director of the Public Nelfare Department of the City of Roanoke, be designated es z Board under the above referred to statute, and that a Citizens* Advisory Board also be created. In order to carry out the recommendation of your committee, it has hud the city attorney to prepare an ordinance revising and bringing up to date Title X, Chapter 1, which is also attached to thin report. Respectfully, S/ Roy R. Pollard Sr. Roy R. Pollard S/ B. Parnell Eqqleston Parnell B. Eggleston S/ Julian F. Hirnt Julian F. Hirst S/ Denton O. Dillard Benton O. Dillard, Chairman~ Appearing in connection with the recommendation Of the committee were Messrs. L. Graham Haynie, Jr., Charles B. Bray, Jr., David F. Herbert, Robert S. Goldsmith, Jr.. E. Cobell Brand, Robert J. Rogers, Jones A. Ford, Lloyd A. Austin. A. Byron Smith, W. Boiling lzsrd, Alvord M. Besrdslee end Hrs. Beverly Berkeley, Jr., representing the Roanoke Valley Councii of Community Services. After n discusslot es to mhether or sot the Advisory Board of Public Welfst will hove on, thing to do since it will advise only on matters nubmitted to it by the Local Board of Public Belfnre, end the City #trimmer stating that he mould lihe to the Advisory Bosrd appointed on this basis eom uith n vieu of defining its delia, o later date. if necessary, Hr. Bheeler moved that the report of the committee be approved. The motion mss seconded by Hr. Jones and unnulmously adopted. Br. Mheeler then offered the folloming emergency Ordinance providing that the Birector of Public Welfare shall be the Local Board of Public Welfare and for the appointment of on Advisory Board of Foblic Welfare: (=16739) AN ORDINANCE emending Chapter 1. Title I. of the Code of the City of Rosnohe. 195b. relating to Public Welfare. in the follouing particulars. nsmely: bi amending and reordaining section 2 of said Chapter sad Title, relating to the composition of the department of public melfare, by providing that the director of said department shall be the loc~ ~ard of public uelfare for the City; by amending and reordainJng section 3 of said Chapter and Title, relating to appoint- ment, removal and bond required of the director of public welfare; amending and reordaining section 4 of said Chapter and Title, relating to the appointment and removal of employees in the department of public welfare; by the addition of a new section to said Chapter in said Title, to be numbered section B, providing for the appointment by the Council of a board to serve in an advisory capacity to the local board of public uelfare and fixing the terms of the members of said advisory board and providin9 for meetings of said board; and providing for an emergency. (For full text of Ordinance, see Ordinance Bosh No. 28, @age 476.) Br. Wheeler moved the 9doption of thc Ordinance. The motion nas seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, Mheeler and Mayor [Dillard .......................................... NAYS: None ............................O. (Wt. Pond absent) Later during tbs meeting, after an executive session, Mayor Dillard coiled for nominations for members of the Advisory Board of Public Welfare for a term of three years beginnin~ November B, 1965. Mr. Garland placed in nomination the name of William F. Mllholland. Mr. Pollard placed in nomination the name of B. Parnell Eggleston. Mr. Wheeler placed in nomination the name Of Lloyd A. Austin. Mr. Stoller placed in nomination the name of Robert S. Goldsmith, Jr. Mr. Jones placed in nomination the name of Alice J. Schlossberg. There being no further mominntiona, the Reverend ~flll~m F, Milhollnad, Rt. H. Parnell Eggleaton, Mr. Lloyd A. Austin, Mr, Robert'S, Goldsmith, Jr., and Mrs Alice J. Schloaaberg mere elected ns members of the Advisory Donrd of Public Melfnre for 8 term of three yearn beginning November H, 1965, by the Salaaming vote: FOR MESSRS. MILHOLLAND, EGGLESTON, AUSTIN, GOLDSMITH AND HRS. SCHLOSSRERG: Remits. Garland, Jones, Pollard, Stoller, Mheeler and Mayor Dillard ............... 6. (Mr. Pond absent) CIfESAFEAKR AND POTOMAC TELEPHONE COMPANY: The committee appointed to study tie proposal of the Chesapeake nnd Potomac Telephone'Company to Install public telephone booths on municipal property submitted the folloulag report: November 9, 1965 To the City Council Roanohe, Virginia At the City Council meeting of June 7, lqbS, the undersigned committee uus directed to study the proposal Of the Chesapeake and Potomac Telephone Company for installation of puSllc telephone booths on municipal streets and park property. Your committee met on October 18, 1965, at which tine representatives of the Telephone Company presented a motion picture and discussed math the committee the proposal. Thin convenience to the public in used in many cities through- out the country. Public telephone booths are located here in* Roanoke on public property et n number of schools, Victory Stadium, Moodrnm Field, the Roanoke Public Library and others. In nil instances, the installations have been a value to the public, have been sell maintained by the Telephone Company and have been a source of revenue to the City. It is the recommendation of this committee that the City' Council approve the current proposal of the Chesapeake and Potomac Telephone Company for the installation of public booths on streets and certain other municipal properties, with the City to accrue a certain percentage Of the revenue therefrom, and that the City Manager, or appropriate personnel Of the Cltyts staff participate math the Telephone Company in a study of the City to determine those locations where such public booths mould be the most beneficial, recognizing that the booths should be located mithout interference to vehicular and pedestrian traffic or other public safety require- manta. Respectfully submitted, S/ Robert A, Garland. Robert A. Garland, Chairman S/ Vincent S. Wh~l~r Vincent S, Mbeeler Clarence E. Pond" After a discussion of the question, Mr. Garland moved that the report of t committee be approved and that the matter be referred to the City Attorney for preparation of the proper measure, said measure to stipulate that any authority contained shall be revocable at the discretion of Council. The motion was seconded by Mr. Wheeler and unanimously adopted. BUDGET-AIR POLLUTION CONTROL: The committee appointed to tabulate bids received on an automobile for the Air Pollution Control Department submitted the following report: 435 436 "Nozembez 2,.1965 To the City Connc~! " 'Roanoke, Virginia ' Gentlemen: On November 1, 19b$, bids mere opened nnd rend before City Council on ale n~B *uloooblle for the Air Pollution Control Department. The iow bid ubs submitted bl Diamond Chevrolet ¢orporntiou on · ''1966 mbd~l Chevrolet Bisceyoe ut n sum of $1,932,00, less n trnde- Jm ullomonce of $?$.00 for n 1956 model Chevrolet, Identification No. YA56BOOdSlb; or · met sum of $1o857.00, f.o,b. Rcnaohe, ¥1rglnJs. Th~"¢oumittee'recomaends ncceptnnce or the bid from Diamond Chevrolet Corporntipn. An appropriation iA the sum of $2,000 NaS included in the 1965-66 budget for the purchane of this neblcle. Respectfully submitted, CONMZTTEE: S~ Roy R. Pollnrdw St, . Roy R. Pollard, ir** Chairman S~ Julian Fo Blrst Julian F. Hirnt S! B. B. Thompson Bueford B. Thompson" Mr. Pollard moved that Council concur In the recommendation of the committee and. offered the folluuing emergency Ordinance: (~16740) AN ORDINANCE providing for the aeqlisltlon and purchase of one (1) men.automobile for the Air Pollution ContFol Bepnrtment: oocepting u hid made to the City for the.supply of said automobile; rejecting certain other bids: and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 2~, page Mr. Pollard moved the adoption of the Ordinance. The motion NaS seconded by Mr. Stabler. and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Stoller, Wheeler nad Mayor Dillard ..... ~ ........ ~--~ ....................... NAYS: None ........................... O. (Hr. Pond absent) UNFINISHED BUSINESS: NONE. CONS2OERATION OF CLAIMS: NONE. II,PRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTZONS: ZONING: Ordiuamce No. l&?19,-rezontng ~ 3.854-ocre tract of land located between the NorPol~ und Western R~Jl~ay Company property and Bucks Street, S. north of Weato~er Avenue, Official Tam No. 1~20101, from General Residence DisSect to Specinl Residence District, hnrimg pre~iousl7 been before Council for its first reading, rend und laid acer, mas ugaiu before the body, Mr. ~heeler offmriug t~e following for its second reading and' fionl'ud0ptton: (=16?1~) AN ORDINANCE to amend and reenact Title ~¥, Chapter 4, Suction 1 of The Code of the Clt! of Roanoke, 195~, in relation tn Zoutng, (For full temt of Ordinance, nee Ordinance Boo~ No, 28, page 469°) ~r. Wheeler moved the adoption of the Ordinance, ~he motion mas seconded bl Mc. Pollard and adopted by the following vote: AYES: Messrs. Garland, Joleso Pollard. Stollero Wheeler end #syor 311lard ......................................... 6, NAYS: None ...........................O. (Mr. Pond absent) BUDGET-PAY PLAK: Council having directed the City Attorney to prepare the proper measure authorizing the Cltl~Manager to fill certain vacancies in various mulicipal departments since the/ are of an emergency nature, he presented sate: mbereepoa. Mr. Stoller offered abe following Reaolutlon: (z16741) A RESOLUTION authorizing the City Manager to employ certain (For full text of R~solution, see Resolution Book No. 29, page 479.) Mr. Statler moved the adoption of the Resolution. The motion mas seconded by Mr. Pollard and adopted by the following rote: AYES: Messrs. Garland, Jones. Pollard, Stoller, Wheeler and Mayor Dillard ......................................... 6. NAYS: None ...........................O. (Mr. Pond absent) MOTIONS AND MISCELLANEOUS BUSINESS: LEGISLATION-CITY CHARTER: The 1965 Charter Study Commission having recommendin9 that the number of regular meetings of Council be reduced from 39 or 40 a year to 26 meetings, one In each odd-nombered meek, Mr. Stoller read the follominR statement math regard to comparative flgures shaming the amount of MOCk the present Council has been turning Out: #Noreeber S, 1965. Honorable Mayor and Fellou Members of Roanoke City Council, Roanoke, Virginia. Gentlemen: Believing that me mould be interested in some comparative figures which sham the meaner of work me hare been tur~lflg out, Mrs. Wood, Secretary, City Clerk's Office, :was asked to obtain the number of ordinances and resolutions passed In recent years. !The Councilman year runs from September I to the following September 1, and it mas thought that this would constitute O proper period for .comparison of quantity. Thus, the following numbers of ordinances and resolutions were passed; Period ~o. ~ Increase/Decrease September 1, 1961 - September 1, 1962 373 September 1o 1962 - September 1, 1963 43~ ~16 September 1, 1963 - September 1, 1964 622 +44 Septe~be[ 1, 1964 - September 1, 19h5 611 -2 Quantity of course is one thing but quality is another. Yet I am persuaded that thi: Councilmanic team ranks with any I can recall in dedication and insight. Sincerely, S! Murray A. Stoller Murray A. Stoller.* Mr. Stoller moved that the Statement be filed Jn connection math consideration of recommendations Of the 1965 Charter Study Commission. The motion Mas seconded by Mr. Pollard and unanimously adopted. 437 TRAFFIC-ALCOHOLIC BEVERAGES: Mr. Stellar reed tb .folloning e%atement uikh regard ko use of a redo for blood teats of persona arreeted under drunk driving chargee: "~ovember S. 1965. Honorable Mayor and Fellon Meobere of Roaooke City Council, Ronnoke, Virginia. Gentlemen: Aa you hnom, in the interest or economy I voted against establieblng u room for blood tests under the eD-culled Cherloktesvllle plnn Jn mhich nurses drum blood. #ithln the past month the Supreme Court of Appeals of Virginia denied n writ of error in an oppesl I took aa attorney. In that case which I mentioned to Council in oar discussion, I claioed me might not need the Charlottesville system because the doctor or other blood-draner's testimonF might not be necessary, and the result of the blood teat. olden would be enough to convict. By denying uy client an appeal, the Supreme Court of Appeals holds the doctor or other blood-drauerts testimony is not legally necessary. However, the November 4 issue of The Roanoke Times contains n story that the room for blood tests still has not been put in use although authorized many months ago. Oespite the fact that I won the argu- ment, I have changed my mind and non think the Charlottesville system may be an effective muy to cope with the drinking driver mhd squires loose because of an overly=technical state implied consent lam. And regardless of this', it seems to me that since Council authorized the use of the system it should have been put into use long ago. Sincerely, S/ Hurray A. atelier Murray A, atelier.~ In this connection, the City Mansger submitted copy of n ~onmunicatlon he has written to the Commissioner of Health requesting hlm to put the blood test program into effect as soon as facilities end personnel can be made available. Mr. Rheeler moved that the statement of Rt. Stellar nnd the Communication of the City Manager be filed. The motion mas seconded by Mr. Jones and unanimously adopted. STATE HIGHWAYS: After an execu'tive session, Mr. Mheeler offered the following emergency Ordinance authorizing sad directing the acquisition of easements necessary for the improvement and construction of Virginia State Route 24: (=16742) AN ORDINANCE authorizing and directing the acquisition of an easement in four (4) parcels of land designated as Parcels No. O66, 096, 097 and 098. necessary for the improvement and construction of State Route No. 24. in the City; authorizing the City Manoger t o make to the o~mr thereof an offer for the City"s purchase of said rights; providing for the acquisition of the same by condemnation, under certain circumstances, and for a right of entry thereon; end providing for an emergency. (For full text of Ordinance, see 0rdlnunce Book No. 28, psge 4?9.} Mr. Mheeler'moved the adoption of the Ordinance. The motion was seconded by Mr. Jones and adopted by the folloming vote: 439 AYES: Messrs. Garish4. Jones. Pollard. Stolier. Mheeler end MaTor Dlllnrd ......................................... 6. NAYS: Nooe ........................... O. (Mr. Pond absent) On motion or Mr. Mheeler. seconded by Mr. St,liar and unanimously adopted. the meeting uss adjourned. ATYEST: / City Clerk APPROVED 44O COUNCIL, REGULAR MEETING, Monday, November 15, 1965. The Council of the City of Roanoke met in regular meeting Jn the Council Chamber in the Municipal Huilding, Mondnyt November 15, 1965. at 2 p.m** the regular meeting bout. with Mayor Dillard presiding. PRESENT: Councilmen Robert A. Garland, Janes E. Jones, Roy R. Pollard, St., Clarence E. Pond, Murray A. Stollero Vincent 5. ~heeler and Mayor Benton O, Dillard ................................. 7. ABSENT: None .................O. OFFICERS PRESENT: Mr. Julian F. Hirst, City Manager, Mr. James N. Kincanon, City Attorney, and Mr. William F. Grig§s, Assistant City Auditor. INVOCATION: The meeting was opened nith a prayer by the Reverend Eric R. Alexie, Associate Pastor. Raleigh Court Methodist Church. MINLr~Es: Copy of the minutes of the regular meeting held on Monday, October 11, 1965, having been furnished each member of Council, on motion of Mr. St*lief, seconded by Mr. Pond and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: SE~ERS AND STORM BRAINS: Pursuant to notice of advertisement for bids on the construction of an B-inch sanitary sewer on Gordon Avenue, S. E., between Bennington Street and Sixteenth Street, said proposals to be received by the City Clerk until 2p.m., Monday, November 15, lg65, and to be opened at that hour 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: Gimbert & Gimbert, Incorporated - $ 7,232.50 J. P. Turner Brotherst Incorporated - 8,539.35 Hudgins and Pace - 9,g66.T5 J. F. St. Clair ~ Sons, Incorporated - 10,053.25 Mr. ~heeler moved that the bids be referred to a committee to be appoint,( by the Mayor for study, v,port and recommendation to Councilt the City Attorney to prepare the proper measure in accordance with the recommendatJon.of.~he committee. The motion was seconded by,Mr. Pond and unanimously adopted. Mayor Dillard appointed Messrs. Vincent S. Wheeler, Chairman, Julian F. Birst and B. B. Thompson as members of the committee. LIBRARIES: Pursuant to notice of advertisement for bids on the construc- tion of the Raleigh Court Branch Library, said proposals to be received by the City Clerk until 2 p.mo, Monday, November IS, 1965, and to be opened at that hour 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 Base Bid No, I Frye Bnildiog Company - STO,TBT $ 996 Days Construction Company, Incorporated 70,000 1.400 Regional Construction Services, Itcorporeted 01.500 1.100 S, Lewis Llonberger Company 62,500 1,500 Martin Brothers Contractors. Incorporated 84,050 1,500 Valley Contractors Corporation - 05,970 1,000 Deduct Deduct Add Alt. Alt. Alt, No. 2 No. 3 No. 4 $200 $300 $4,256 250 .400 4,000 250 440 40266 200 450 4,400 200 S00 4,700 200 600 4,300 Hr. Stoller moved that the bids be referred to a committee composed of lesars. Robert A. Garland, Chairman, James E. Jones, Hurray A. Stoller, Julian F. flirst and n. B. Thompson for study, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee. The motion mos seconded by Mr. #heeler and unanimously adopted. PETITIONS AND COHHONICATIONS: STREETS AND ALLEYS-SIDEHALK, CURB AND CUTTER: A petition signed by thirty-one residents of Vlewmont Street and Olivet Street, N. M., complaining that the streets mere not properly repaired when sewer and mater lines were installed and requesting that the situation be corrected, was before Council. On motion of Hr. Hheeler, seconded by Mr. Stoller and unanimously adopted the matter mas referred to the City Ranager for investigation. ZONIN6: A communication from Mr. Stuart A. Barbour, Jr** Attorney, representing Mr. Leigh martin, requesting that the northwest corner of a 5.2S-acre tract of land located on the south side of Brandon Avenue, S. W., west of Langdon Road, Official Tax No. 1620102, be rezoned from General Residence District to Business District, was before Council. On motion of Br. Stoller, seconded by Br. Pollard and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. ZONI~G: A communication from Hr. Stuart A. BaFbOUF, Jr** Attorney, representing the H-U Corporation, requesting that a 0.99-acre tract of land located on the northeast corner of Franklin Road and Avenham Avenue, S. M., Official Tax No. 1300116, be rezoned from General Residence District to Special Residence District, was before Council. On motion of Hr. Stoller, seconded by Mr. Pond and unanimously adopted, the request was referred to the City Planning Commission for study, report and recommendation to Council. CITY MARKET: Council having referred to 1965-66 budget study preliminary plans to revitalize the city market area as prepared by the City Market Improvement Committee of Downtown Roanoke, Incorporated. and the Southwest Section, Virginia Chapter of the American Institute of Architects, and having failed to include funds for the project in said budget, a communication from Hr. M. Howard Wood, Chairman of the City Market Improvement Committee, requesting that the committee be notified at the earliest possible date bom it can be of further service in bringing about the needed improvements in the City larket mas before the body. 441 442 It appearing that there is · possibility of obtalaiag funds toward defraying the cost of the proJect under the Urban Beautification Program, Mr. Stolle shred that action on the matter be deferred until the regular meeting of CoeecJl on Novewber 29, 1965. The wot~oB was seconded by Mr. Pollard nnd unanimously adopted. PARKS AM) PLAYGROHNDS: CounciI baying referred back to tho City Planning Commission for further study, report end recowwendation the recommendation of the Planning Cowwlssion that Mr. Alan G. Mlnslow, professional landscape architect and current head,of the Urban and Regional Planning.Program at ¥.P.I., be employed to prepare a master plan for Elmwood Park, · couwunication from Mr. George A. Kegley, President of the Roanoke Historical Society, advising that the organization is opposed to any proposal to level off the hill in Eimnood Park and requesting that the advice of professional planners be sought in making changes in the park, was before the body. Mr. Stoller moved that Council express its appreciation to the Roanoke Historical Society for its Interest in this matter. The motion was seconded by Mr. Pond and unanimously adopted. PARES Ar~ PLAYCROUNHS: Communications frOm Mr. and MFS. C. E. Caldwell, Sr., and Mrs. M. G. Nelson, Jr., objecting to the request of the Mill Mountain Playhouse Company that the City of Roanoke forgire rental due by the Mill Mountain Playhouse Company to the city for the sumner of 1966, forgive the assessment against the Mill Mountain Playhouse Company for its proportionate share of repairs to the air circulation system in Rockledge Inn atop Mill Hountaln, discontinue charging rent for the duration of its lease and allocate funds to the company on an annual basis, were before Council. Mr. Stoller moved that Council express its appreciation to Mr. and Mrs. Caldwell and Mrs. Nelson for their communications. The motion was seconded by Mr. Pollard and unanimously adopted. LEGISLATION-CITY CHARTER: A communication from Mr. and Mrs. C. B. Nelster objecting to the recommendation of the 1965 Charter Study Commission that all registered voters be permitted to vote on the matter of the bonded indebtedness Of the City of Roanoke on the grounds that it i$ not fair to the property OWners, was before Council. Mr. Stoller ~ored that the communication be taken under consideration in connection with a study of the report of the Charter Study Commission. The motion was seconded by Mr. Jones and unanimously adopted. LEGISLATION-CITY CHARTER: A communication from Mr. Harvey f. Stoke, suggesting that Council delegate to the City Manager the preparation of a balanced operating budget for consideration by the body and that Council assume the responsi- bility of budgeting capital expenditures independent of the City Manager, was before the body. Mr. Stoller moved that the communication be taken under consideration le connection with a study of the report Of the Charte~ Study Commission. The motioe mas seconded by Mr. Pollard and unanimously adopted, _e _m DEPARTMENT OF PUBLIC MELFARE: A communication from Mr. Cecil Simmons, complaining that he is unable to pay utility bills and taxes mlth the lam income he receives from the government, was before Council. Hr. Smaller moved that mba matter be referred to the City Manager rot the perpose of having the Department of Public Melfnre help Mr. Simmons work out a budget. The motion mas seconded by Mr. Mheeler and unanimously adopted. BUDGET-COMPENSATION ROARD: A communication from the Compensation Board, advising that it will meet at 9:00 a.m** November 17, 1965, in the State Capital, Richmond, Virginia, rot the purpose of fixing the salary and expenses of the Attorney for the Commonwealth, Commissioner of the Revenue, City Sergeant and City Treasurer for the calendar year 1966, was before Council. Mr. Rheeler moved that the Mayor be designated to confer with the con- stitutional officers as to their proposed budgets for the calendar year 1966 in order to determine Nbetber OF not he should appear at the meeting in Richmond on behalf Of tbe City of Roanoke. The motion was seconded by Mr. Pollard and unanimously adopted. REPORTS OF OFFICERS: BUGG£T-RECREATION DEPARTMENT: The City Manager submitted a written report, advising that the teams participating Jn the sandlot football program have contributed a total of ~150 to purchase trophies for the champions and runners*up in each league, ann recommenuea that this amount be appropriated to the 1965-66 budget. Mr. Mheeler moved that Council concur in the recommendation of tbe City Manager and offered the following emergency Ordinance transferring $1§O from the Contingency Fund: (~16743) AN ORDINANCE to amend and reordain Section #111, "Recreation, Parks and Recreational Areas," and Section #166, "Contingencies," of the 1965-66 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 29, page 463.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ......................................... 7. NAYS: None ..........................O. BUDGET-PAY PLAN: The City Manager submitted the following report recom- mending that he be authorized to fill certain vacancies in various municipal departments since they are of an emergency nature: "Roanoke, Virginia November 15, 1965 To the City Council Roanoke, Virginia Gentlemen: 448 444 Authority is hereby requested to fill th~ folloulag vocencies: Police Department - 5 Policemen Melfare Department - I Clerk-Typfat - Group Market - I Janitor II, Group 16 Respectfully subBittedt s/ Julian F. flirst City Manager# Mr. Stellar 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 Hr. Pond and unanimously adopted. APPOI~TMEA~S-CIT¥ RARELY: The City Manager submitted a written report, advising that, subject to the approval of Council, he is appointing Mr. Donald R. Nolen as Clerk of the Market, effectire November 15. 1965. to succeed the late Hr. Russell E. Almond. Mr. Stellar moved that Council concur in the appointment of the City Manager and that the matter be referred to the City Attorney for preparatio~ of the proper measure. The motion was seconded by Mr. Pond and unanimously adopted. SEWERS AND STORM URAII~: Council having previously fixed the estimated properties on Eastern Avenue, N. E., and on a portion of Mollace Avenue, in the Jachson Path area, the total estimated cost of the project being $43,214.32, the City Manager submitted a written report, advising that the project has been completed at an actual total cost of $40,790.11, and recommended that a public abutting landowners. Mr. Stellar meted that Council concur lo the recommendation of the City Manager and offered the following Resolution providin9 for a public bearing before the body at 2:00 p.m., December 20, 1965: (g16744) A RESOLUTION relating to the Jackson Park public sanitary saner project. (For full'text of Resolution, see,Resolution Book No. 28, page 484.) Mr. Stoller moved the adoption Of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following rote: AYES: Messrs. Garland, Jones, Pollard, Pond~ Stoller, Wheeler and Mayor Dillard ................................. 7. NAYS: None .......................... O. SEWERS A~D STORM DRAINS: Council hating fixed the estimated amounts of on portions of Robyu Road, Wright Road, Colonial Arenue and Creston Arenue, the total estimated cost of the project being $58,477.48, the City Ma·agar submitted · written report, advising th·t tho proJect has bee· completed at an act··l total coot of ~510270o36, and recommended tARt a public he·ring be held on the question of I final apportionment and assessment on the abutting landowners. Mr. St*liar moved that Council concur ia the recommendation of the City Manager and offered the foil*ming Resolution providing for · public hearing before the body at 2~00 p.a., December 20, 1965: (S1674S) A RESOLUTION relating to the Wright Road, Robyn Road, Colonial Avenue and Creston Avenue, S. W., public sanitary sewer project. (For full text of Resolution, see Resolution Book No. 2B, page 464.) Hr. St*liar moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond. St,lieF, Wheeler and Mayor Dillard ................................... 7. NAYS: None ........................... O. STATE HICHNA¥$: The City Manager submitted the following report with regard to removing thirty-seven houses in connection with clearing the rights of way for the State Route No. 24 and State Route No. 599 projects, mostly by a controlled program of burning: *Roanoke, Yirginiu November IS. 1965 To the City Council Roanoke, Virglnia Gentlemen: I~ is necessary that the City, together with the State Department of Highways, dispose of 37 houses in the southeast section of the City, the disposition being in connection with the anticipated construction of the Route 24 Elm Avenue ProJect. It is estimated that the demolition of these structures by conventional methods will cost between $400 and $700 each. This would represent a total expenditure in the neighborhood of $15,000 to $20,000. A program for burning these houses has been worked out Jointly with the City Fire Department, the Department of Public ~orks, the Air Pollution Engineer, the Chesapeake and Potomac Telephone Company, the Appalachian Po~er Company and others far*Ired. This burn/ag will effect considerable savings on the project with the total cost Of cleaning up debris and other related work to be estimated not to exceed $3,500. Of particular value is the fact that this undertaking will be conducted os a training project for the fire department and sill afford a valuable training opportunity that could not be otherwise available. The procedure also carries the concurrence of the Virginia State Fire Marshal. The cost expended by the City in the burning operation will not be a reimbursable item by the State but would be less than the 25 per cent the City Mould be required to pay by other procedures. This is submittedto the City Council with the recommendation for Council's concurrence in this demolition procedure. Respectfully submitted, S/ Julian F. HOrst City Manager" 445 448 After · discussion Of the matter, Council being of the opinion that the houses in question should not be removed by burning, but that authority should be granted for the demolition of the six brick buildings, Mr. Stoller offered the fnllomlng Resolution: (~16746) A RESOLUTION relating to the clearing of the rights of uny for the City*s State Route No, 24 and State Route No. SUg Projects. (For full text of Resolution, sen Resolution nook No, 280 page 4B5.) Mr. St,Ilar mored the adoption of the Res,lotion, The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St,lief, Mheeler and Mayor Dillard .................................. NAYS: Noue ...........................O. REPORTS OF COMMITTEES: MATER DEPARTMENT: The committee originally appointed to study mater and seuer rates imposed by the City of Roanoke on non-resident users submitted the following report with reference to furnishing stand-by water service to the General Electric Industry Control Plant: 'Roanoke, Virginia November 10, 1965 The Honorable Council of the City of Roanoke 6entlemen: Your committee has considered the question of furnishing stand-by water metric, to General Electric Industry Control Plant in Salem after the plant becomes a customer of the Town Of Salem water system, which became effective off November ?, 1965. The service to the plant on a stand-by basis will be mainly for fire protection. Service is through amC-inch meter with a measuring device for fire flow. 10,649 feet of 12-inch main costing $57,114.69 was originally constructed to the plant from 36th Street, H. W. 5inca the main nas constructed, there have been a number of consumers added west of 36th Street. In addition, the City has constructed a 16-inch main from Shenandoah Avenueand Hemlock Road in Salem to the City's 2 million gallon standpipe on Eugene Drive. Thus the City is presently using all but 4,100 feet of the original main for purposes other than service to 6. Under the present rate schedules, G. E. would pay the City for the stand-by service a monthly meter charge of ~23.50 plus the standard rate for County customers for all water used over 200 cubic feet and up to 450,00B cubic feet per month and 20 cents per 100 cubic feet in excess thereof. Me think that the rate is fair except that we cannot expect G. E. to use an appreciable amount of water and, consequently, un return on the installation from Hemlock Road to the plant would accrue to the City. #e therefore recommend that the monthly meter charge for G. E. be set at $100.00 per month in lieu of the $23.50 under the present schedule. In addition, G. E. Mo,Id pay for water consumed at the rate existing at the time of consumption. This should be effective November ?, 1965. Re hare discussed this matter with representatires of General Electric. They have agreed to the recommendation contained herein provided that the City will agree to enter into a special agree- ment to furnish G. E, with stand-by mater service for a period of 25 years, the meter charge rate as set forth herein at $100.00 per month to expire at the end of 10 years and all totes thereafter to be on the standard rate for comparable customers ns published by the City at the time. We think that the City Manager should be directed to enter into such an agreement mlth General Electric, effective November 70 1965. Respectfully submitted° S/ Murray A. Stoller Murray A. Stoller. Chairman S/ Robert A. Garland Robert A. Garland James E. Jones* Mr. Stoller 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 Mr. Pond. In a discussion of the matter. Mr. Pollard stated that he was under the impression Council wished to avoid such long-term contracts. The City Attorney questioned entering into an agreement at a fixed rate for a definite period of time. Mr. Jones pointed out that he has not signed the report of the committee because he Nas not had the benefit of discussing the matter with the City Attorney and offered a substitute motion that the report be referred to Council as a committe. of the whole for the purpose of meeting with the City Attorney for a further study of the question and recommendation. The motion was seconded by Mr. ~heeler and adopted, Mr. itoller voting no. UNFINISRED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIOn: WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to sell city water to Valley Water Company, Incorporated, la Roanoke County, for a period not exceeding sixty days commencing November 16. 1965. he presented some; whereupon. Mr. Pond offered the following Resolution: (u16747) A RESOLUTION authorizing the Meter Department to continue for a period of not more than 60 days subsequent to November 16, 1~65, to sell City water to Valley Water Company, Inc. (For full text of Resolution, see Resolution Book No. 29, page 486.) Mr. Pond moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones. Pollard, Pond, gtoller, Wheeler and Mayor Dillard .................................7. NAys: None ........................... O. PLANNING-WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure authorizing and requesting the Roanohe Valley Regional Planning Commission to initiate appropriate action requesting the Corps of Engineers 447 448 to complete flood plain luformatlou atudiea per,cluing to the James River and the Roanoke River and their trlhuturles mi,him the geogrupbic boundaries of the regiou{ viz.. Bate,gert CaUl,ye Roanoke County uud the City of Roanoke. be presented sase; abet*upon. Mr. Stoller offered the folloul~g Resolution: (~1674B) A RESOLUTION relating to flood plain iuformutlon stodles pertaining to the Janes River and Roanoke River and their tributaries within the boundaries of B,ret,ur, County, Roanoke County and the City of Roanoke. (For full tent of Resolution, see Resolution Book No. 2~. page 497.) Mr. St,liar moved the adoption of the Resolution. The motion was sec,nde( by Mr. Pond and adopted By the following vote: AYES: Messrs. Garland. Jones. Pollard. Pond. Stall*r. Mheeler and Mayor Dillard ................................... 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. Pond offered the following Resolution: (=16749) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Rook No. 28, page 487.) Hr. Pond moved the adoption of the Resolution. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES; Messrs. Garland, Jones. Pollard, Pond, Stoller, Wheeler and W3yor Dillard ..................................7. NAYS: None .......................... O. SEWERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to enter into an agreement with Alvord, Burdick and Howson, Engineers, for an engineering study and report of the Sewage Treatment Plant, at a cost of $3,000, he presented same; whereupon, Mr. Wheeler offered the following emergency Ordinance: (a16750) AN ORDINANCE providing for an engineering study and report of the City's Sewage Treatment Plant by Alvord. Ourdlck ~ Howson, Engineers, at a cost of $3,000.00 and pr,riding for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, page 4Og.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ..................................?. NAYS: None ......................... O. Mr. Pond then offered the f,Il,ming emergency Ordinance app~opriating the $3,000: (m16751) AN ORDINANCE to amend and reordain "Non-Operating Expense," of the 1965-66 Sewage Treatment Fund Appropriation Ordinance, and providing for (For full text of Ordinance, see Ordinance Book No. 20, page 469.) Mr. Pood moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler mod adopted by the roll,ming rote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*lieF, Wheeler and Ms/or Dillard .................................. 7. NAYS: None ..........................O, MOTION~ AND MISCELLANEOUS BUSINESS: MUNICIPAL BUILDIBG: Mr. Stoller read the following statement with regard to storage space for =dead* records: Honorable Mayor end Fellow Members of Roanoke City Council, Roanoke, Virginia. =Bovember 15, 1965. In a talk to the Roanoke Bar Association this week, Honorable Richard T. Edmords, Judge of the Bustings Court, (and former mayor} cited the inadequate court space in the Municipal Building, giving the following references: 1. The Clerh of the Courts of record has records in every available space and has run out of room. 2. The Circuit Court shares its courtroom with City Council. 3. The Municipal Court has now so grown in volume of work transacted that often the civil division is held in one of the upper courtrooms while the criminal division is still going on in its only courtroom and a commission is being held in the civil defense room. 4. Recently, the Industrial Commission had to sit in the civil defense room because the other courtrooms were occupied. Judge Edwards did not refer to the porter he has to order us to build a court house. But a hint to us as the governing body should be sufficient. Me do not waet to build a new court house or annex until absolutely necessary, and when we do we have the three-unit plan brought out by Merrier Sensbach which envisioned one unit at u time on Church Avenue. Reference to the first edition of the capital improvements plan shows under Miscellaneous Improvements, Priority Number 24, M~nicipal Building Annex, $600,000; Number 25, Improvements at Victory Stadium for storage, $25,000. In my opinion, it is time to program the storage. The Clerk of Courts has microfilmed the old deed book records but has no where to store the old deed boobs or numerous other original records mhich can be microfilmed. The only reason I can see for the inadequate number of courtrooms is that this Is one more instance of needed improvements mhich have been chronically deferred. A definite program of providing the necessary court space is now imperative. The tendency Of the organized Bar to speak out in matters of our courts is a proper one, long overdue, and should continue. I trust me mill provide proper court facilities without being ordered to do so. The administration of justice was one of the first functions of government and should be maintained in surroundings of dignity. Sincerely, Murray A. St*liar* After a discussion of the matter, Mr. St*liar moved that the City Manager be requested to present an up to date plan for the storage of city records under the stands at Victory Stadium and to submit an estimate of the cost thereof. The motion was seconded by Mr. Wheeler and unanimously adopted. 449 45O On motion of Er. Pollard, seconded by Mr. Wheeler and unanimously adopted, the meeting uss adjourned. ~P. PROYED ATTEST: ~/ City Clerk Mayor 451 COUNCILs REGULAR MEETING Mondays November 22, The Council of the City of Roanoke met in regular me,tier ia the Council Chamber fa the Nnnicipel Dalidfeg. Monday, November 22, 1965. at 2 p.m., the regular meeting hoar. mith Mayor Dillard presiding. pRESENT: Councilmen Robert A. Garland, Roy R. Pollard. Sr.. Clarence E. Pond. Murray A. Stall,r, Vino,at S. Nh,clef and Mayor Benton O. Dillard ........... 6. ABSENT: Councilman James E. Jones ......................................I. IN¥OCATION: The meeting nas opened uith a prayer by Dr. #slier B. Healys Pastor, First Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, October 16, 1965. having been furnished each member of Council, on motion of Mc. Stoller. seconded by Mr. Pond and unanimously adopted, the reading thereof mas dispensed with nnd the minutes approved ns recorded. At this point, upon the suggestion of Mr. Garland. a moment of silent- prayer mas observed in memory of the second anniversary Of the assassination of P~enident John F. Eennedy. HEARING OF CITIZENS UPON PUBLIC RATTERS: ZONING: Council having previously set n public hearing for 2 p.m., Monday November 22. 1965, on the request of the McClaugherty Estate that property located on the north side of Brandon Avenue. S. W., east of Mlndsor Avenue. described as Lots 1-6, inclusive, Block 6, Stratford Court. Official Tar Nos. 1250701-]250706, inclusive, and a 0.655-acre tract of land extending north from the rear of Lot 6, east of Murray Run. designated Reserve. Official Tax No. 1250707, be rezoned from General Residence District to Business District, 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: "October 21. 1965 The Bonornble Benton O. Dillard, Eayor and Members of City Cooncil Roanoke. Virginia Gentlemen: The City Planning Commission considered this rezonin9 request at its regular meeting of October BO, 1965. Mr. Carroll O. Rea. representing the McClaogberty Estate, informed the Commission that his clients wished to dispose of the subject property for n nam service station and expansion area for an adjoidin9 dry cleaning establishment. Mr. Rea noted that the property mas not suitable for residential develop- ment allowed under the present zonin9. A representative of a major oil company indicated the intention of his company to develop a brick service station on the subject proper~y. Considerin9 the existing development of commercial land uses in the immediate area and the heavy traffic volume on Bvandon Avenue, the City Planning Commission concluded that the proposed use of the property for commercial purposes would be feasible. The Commission also noted that the proposed zoning map for the City of Roanoke already Indicates commercial r,zoning of the subject property. The CIty rlseeleg Cottlasloe, therefore, recommends that this resorting reqseS¢ be greeled. Sincerely laura, S! Dexter N. Smith Henry B. Bpynton Chairman" #fl Joke D. Csrr, Attorney, representing the petitioner, eppeered before Council in support of the request of his client. Hr. e. R. Childreds, representing'the Gulf Oil Corporetioe, dlspieyed s 'sketch showing the design of the service stetSon'proposed to be erected on the property. No oe~ eppenrJng in opposition to the request for renaming, Ur. Stoller moved that Council concur lB the recewweedetlon Of the City planning CommiSsion led that the following Ordinance be placed upon its first reading: (~16752) AH ORBZNANCE to amend end reenact Title XVo Chepter 4, Section of The Code of the City of Roanoke, 1956, in relation to Zoning. RHEEEAS. application has been made to the Council of Lbo City of Ransome to have property located in the City of Roanoke, Virginia, known end designated es Lots 1, 2, 3, 4. S, and 6, Block 6, of Stratford Court, bordering the north side of Brandon Avenue, S. R,, and the Reserve extending northerly from the rear of Lot 6, Block 6, of Stratford Court, and along the eaaterll boundary of said Stratford Court~ said prhperties being shown on Appraisal Rap of the CSt! of Roanoke. Virginia, Sheet No. 125, Office of the City Engineer, es Lots 1250701 to 1250707. inclusive, rezoned from General Residence District to Business District; and MItEREAS, ~he CJt! Planning Commission has recommending that the hereinef! described land be renamed from General Residence District to flnalness District; and · ~REAS, notice required by Title IV, Chapter 4, Section 43. of The Code Of the City of Roanoke. 1956, relating to Zoning, bas been published in "The Roanoke Rorld-News,# a newspaper published in the City of Roanoke, for the time required by said section; end WHEREAS. the hearing es provided for in said notice was held on the 22ed day of November, 1965, et 2 p.a., before the Council of the City of Roanoke, at uhich hearing all parties In interest and citizens were given an opportunity to be heard both for and against the proposed rezoning; and ~HER£AS, this Council a£ter considering the evidence presented, is of opinion that the hereinafter described land should be rezoned. THEREPORE, BE IT ORDAIB[D by the Council of the City of Roanoke that Title XV, Chapter 4, Section 1, of The Code of the City of Roanoke. 1956, relating to Zoning, be amended and reenacted in the following particular end no other, viz.: Property located in the City of Roanoke, Virginia, known and designated es Lots l, 2, 3. 4. 5 and.6, alack 6, of Stvetf6rd Court, bordering the north side of Brenden Avenue. S. #., end the Reserve extending northerly from the rear of Lot Block 6, of Stratford Court, and along the easterly boundary of said Stratford Court said properties being designated os Sheet 125 of the Zoning.Nap ss Official Tax Nos 1250701 to 12S07070 imclssive, be, and is hereby, changed from General Sesfdeice District to Business District smd the Zoning Hap shall be changed In this respect. The notion mfs seconded by Mr. Pollard smd adopted by the f,Il,ming vote: AYES: Messrs. Garland, P, lis*d, Pond, St,lieF. Wheeler nnd Mayor Billed. NAYS: None ...............................~ ............................... (Nr. Jones ~bsent) ZONING: .Council having previously set s public hearing for 2 p.u., Monday November 22. 1965. on the request of The Kroger C,spumy that the property located os the a,usa side of Bnllitt Avenue. S. E.. belmeea Ninth Street and Elereatb Street described ss Lots 12 and 13. Block 26, Belzont Land Company. dfficial Tax Nos. 4!21410 and 41R1411, be rezoned from General Residence District to Business District t~matter was before the body. In this connection, the following communication *ran the City Planning Commission, recommending taft the request be granted mftR six conditions, mas before Council: "October 21. 1965 The Honorable Benton O. Dillard, Mayor sad Members of City Council Roanoke, Virginia Gentlemen: During its regular meeting of October 20, lgb5 the City Planning Commission c.snide*ed the request of ~. F. JamJson, as pres~ ted by the Kruger Company*s attorney, Mr. John L. Kolker, Jr., The petitioaer*s attorney indicated that the proposed renaming mould permit the Kroger Company to extend its operation to include drug store and additional loading and employee pa,kin9 space. It was noted that additional leading space mas needed by the adjoining supermarket. Tho proposed dru9 store was purported to be s desirable complementary use to the adjacent supermarket, Upon discussing the feasibility of this request and havin9 duly made field lnspection,'tbo Planning Commission concluded that the proposed fez,ming mould ~e feasible, provided adjoining residential properties could receive buffer protection and adequate alley access. The Planning Commission, therefore, recommends to City Council that this request be granted with the following conditions: 1) A six(6) foot building setback be observed alan9 the east side of the lot identified by Official Tax 4121411. 2) An eight (fl) foot high solid u,od fence be placed along the building setback line described above, except along any building wall. 3) A row of plantin9 similar to hemlock of a four (4) foot minimum height Bud a maximum five (S) foot spacing apart he placed parallel to the wood fence described above. 4) A minimum thirteen (13) foot shadow block mall be erected alan9 the Bullitt Avenue portion of the subject properties to screen the truck loading area. 5) The triangle created by the p~oposed drug store, the existing Kroger Company pa*kin9 lot, and the east-mast interior alley Of the block be paved at the grade level of the adjoining alley, and 6) Access be provided from the east-nest Interior alley to the existilg Kroger Company pa*kin9 lot. Sincerely yours, 5/ Sexier N. Smith Henry B. Bpynton Chairman" 45'3 454 #r. Leonard G. Ruse, Attorney, representfog the petitioner, appeared boforl Council in support of the request of his client nad verbally agreed to the six conditions stipulated b! the City Plaanitg Gommiasi.oo. Mr. Thomas J. Fnrr,'representing The Kroger Compnny, explained pinna rot development of the property and agreed eith Hr. Muse that his company is milling to -comply,nlrb the nix conditions. Hr. J. H. Redden appeared before Council nnd presented · petition signed by nine property om ers in the 900 bloch of Rullitt.Avenue, S. E** opposing the willing to correct some situations mhJch exist nt times ns complained of by Mr. Redden, Mr. Stiller moved Chit Council concur In the recommendation of the City Planning Commission and that the folloiing Ordinance be placed upon Its first reading: (~1fi753) AN ORDINANCE to amend and reenact title X¥, Chapter 4, Section of The Code of the City of Roanoke, lq~b, in relation to Zoning. WHEREAS, application has been m~de to th~;Council of the City of Roanoke to have property on the south side of BullJtt Avenue. S. E., described as Lots 12 and 13, Block 26. Belmont Land Company Rap, Official Tax His. 4121410 and 4121411, r'ezoned from ~enernl Residence District to Business District; and WREREAS, the City Planning Commission has recommended that the hereinnfte described land be rezoned from General Residence District to Business District; and W~EREAS, 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 neMspaper published in the City of Roanoke. for the time required by said section; and WHEREAS, the hearing as provided for in said notice nas held on the 22nd day of November, 1965, at 2 p.m.. before the Council of the City of Roanoke, ut which hearing all parties in Joterest and citizens mere given on opportunity to be heard both fo~ and against the proposed rezontng; end WHEREAS, this Council, after considering theevidence presented, is of the opinion that the hereinafter described land sho~ld 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 C~ty of Roanoke, 1956, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: Property located on the south side of Bullitt Avenue. S. E.. described as Lots 12 and 13, Block 26, Belmont Land Company Rap', designated on Sheet 412 of the Zoning Rap as Official Tax Nos. 4121410 and 4121411, bev and is hereby, changed from General Residence District to Business District and the Zoning Rap shall be changed in this respect. The motion uss seconded by Rt. Pond ·nd edopted b/ the follouing vote: . AYRS: Messrs. Gsrleed. Pollerdo Pond, Stoller. Mheeler ·ad M·yor Dillard ................................... ~ ...... NAYS: No·e .... . ....................... O. (Mr. Jane· shsent) STREETS AND ALLEYS: Council having previously set · public hearing for 2 p.u.t Monday. November 22, 19~5, on the request of The £roger,Coapnny that u porli, or tn alley running ia a north-south direction through Block 26, Relmont Land rrou its Intersection with the south side of flullltt Avenue, 5. E.. la a southerly direction · dlflsuce of 225.62 feet, more or less, to the southmesterly corner of Lot 12, Block 26. Belmont Land Companl, be vacate d o discontinued and closed, the mutter mas before the body. la thin coaaecllon, the foIIomimg communication from the City Pineniog Commission, recoumending that the request be granted, Nas before Council: 'October 21, ]96S The Honorable newton O. Dillard. Ha/or and Meubers of City Council Roanoke. Virginia Gentlemen: At its regular meeting of October 20, 1965 the CSt/ Planning Commission considered this alley closing request. The attorne/ for the petitioners indicated that the closing of this nile/ mould enable the Kro~er Company to extend its parking and loading facilities and to develop a drug ·tore. It mas'noted that the Kroger Company, In addition to other access, uould provide access to its main parking lot on Ninth Street for the remainjn9 alleys in the block. Havin~ duly made field inspection, the Planning Commission con* cluded that the subject portion of the above described alley is not needed to permit the movement of local traffic. The City Plannin9 Commission recommends to City Council that the above described portion of the subject alley, be vacated, discontinued and closed, the City retaining easements for public utilities. . . Sincerely yours, S! Dexter N. Smith Henry B. Boynton neighboring property and are 5nunimously of the opinion that nO inconvenience moold opposln9 the closin9 of the alley. 455 :456 Hr. Smaller moved that Council concur in tke.reoonuendntion or the City Planning Commission and that the folloning Ordinance be placed upon its first reading; (n16T54) AN ORDINANCE permanently vacating, discontinuing nad closing the1 portion of nn alley which pisaea in a general north-south direction through Block 26, Belmont Land Compaoy.Mnp, from the intersection of sold alley uitk the south side of Dnllltt Avenue, $. £** runoing in · southerly direction n distance of 225.62 feet, more or less, eld being oil that portion of said alley lying immediately nest or Lot 12, Block 26, Delmont.Lood Company Nap. WHEREAS, The Kroger Company baa heretofore filed its petitio~ before the Council of the City of gonnoke, Virginia, in accordance with Inn. requesting the Council to pernunently vacate, discontinue nnd close n portion of the above-described alley for a distance of 225.62 feet, the filing of nhich petition due notice nrta given to the public as required by Ina; and WHEREAS. in accordance ~ith the prayers of said petition, vieuers were appointed by the Coanci~ on the 23rd day of August. 1965. to vieu the property nnd to report ia uritin9 whether in their 9pinion any inconvenience mould result from permanently vacating, discontinuing and closing said portion of said alley; and WHEREAS, it appears from the written re~or.t of the viewers filed with the City Clerk that no inconvenience would result to any individual or to the public from permanently vacating, discontinuing and closing said portion of said alley; and HHERHAS. Council at its meeting on August 23, 1965. referred the petition to tbs City Planning Commission. which Commission in its report before Council on October 25. 1965. recommended that the request to close 225.b2 feet of said alley as hereinafter described bl granted; and WHEREAS. a public hearing was held on the question before the Council st meeting on the 22nd day of November. 1965. at 2 p;m** after due and timely notice thereof published in "The Roanohe Iorld-News.* at which hearing ell 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 on7 individual or to the public from permanently vacating. discontinuing and closing a portion of the alley hereinafter described, as racom- l mended by the Planning Commission. and that accordingly said portion of alley should be permanently closedf THEREFORE. BE IT ORDAIHED by the Council of the City of Roanoke that n portion of an alley which passes in e general north-south direction through Block 26, Belmont Land Company Map. beginning at the intersection of said alley with the south side of Bullitt Avenue, S. E., and thence running a distance of 225.62 feet. more or less~ and being all that portion of said alley adjacent to. and immediately west of, Lot 12, Hlock 26, Belmont LaRd Company Rap. be. and it.hereby is, permanentl~ vacnte~ discontinued and closed and that all right, title and interest of the City of Roanoke and of the public in and to the same bee and it hereby is. released insoforc ns the Council of the City of Roanoke is emponered so to do, the City of Roanoke reaervlng~ueto:itseIf, hal*vet, 8 perpetual easement for seuer linen, drains, mater lites and other public utilities uhlch may non be located .in and over the eroresaid alley. DE IT FURTHER ORDAINED that the City Engineer be, nad he hereby is, directed to untk "permanently vscuted" on the portion of the alley above described on all maps and plats on file in his office on nhieh the said alley is ahonn, referring to the book and page or Ordinances nnd Reaol~tions of the Council of the City of Roanoke uherel~ thin Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hastings Court for the City of Roanoke, Yirginln, a certified copy of this Ordinance in order that the Clerk of said court may make proper notation on all gnp1 plats recorded in his office upon nhich are shown thb said alley, as provided by law end that if no requested by any party in interest,-he may record the some iu the dee book in his office indexing the some la the name of the Cltyof Roanoke us grantor n iu the name of any party in interest nba may request it'as grantee. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Stall*r, Wheeler and Mayor Dillard ....................................... 6. NAYS: None ......................... O. (Mr, Jones absent} PROCLAMATIONS: Hr. J. Emmett Blackmail, President, Roan~ e Junior Chamber of Commerce, Incorporated, appeared before Council and presented a communication requesting that the body designate January 16-22t 1966, as "Official Jaycee Week in Roanoke, Yirginla." Mr. Wheeler moved that Council concur in the request and tha~ the matter be referred to the City Attorney for preparation of the proper measure and proclamat The notion nas seconded by Mr. Pond and unanimously adopted. I~TITIONS AND EORRDNICATIONS: PLURBING: A communication from the Charlotte Pipe and Foundry Company, requesting tbut Section 120, Chapter 3, Title XV, of The Code of the City of Roanoke 1956, providing that cast iron Joints used in plumbing shall he either caulked or screwed Joints, be amended to permit no-hub soil p~pe and fittings, nas before Council. Hr. Stoller moved that the raciest be referred to Messrs. J. O. Waddle, Sr., Chairman, R. T. Plttmnn and O. W. Simpson for study, report and recommendation to Council. The motion was seconded by Mr. Wheeler and unanimously adopted. STREETS AND ALLEYS: A communication from Hr. John D. Copenhaver, Attornf represent, lng Graves-Humphreys Hardware Company, Incorporated, et al** requesting that that portion of Twenty-fourth Street, S. #., between Lynn Avenue and the Winston-Salem Division of the Norfolk and Western.Railway, and that portion of Winston Avenue, S. Wa, between Twenty-fourth Street and the boundary between Lots S end 6, Block 10, Colonial Heights, be vacated, discontinued and closed, was before Council. 457 :458 On motion of ~r. Statler, seconded b7 Hr. Wheeler end unnniuonsl7 adopted, the matter uss referred to the City Plnnning CoMmission rot study, report nnd recommeudntlos to Council, RETORTS OF OF¥ICEIS: BUDGET-PAY PLA~: The City Manager submitted the folloulng report in9 that he be authorized to fill certain vacancies Is various municipal departments since they are or un emergency nnture: "Roanoke, Virginia November 22. 1965 To the City Council' Ronnoke, Virginia Gentlemen: Authority is hereby requested to fill the following vacancies: City Market I Assistant Clerk of the - Group 9 Market Department of Public Yelfare 1-Community Center Leader for Detention Home - Group 16 A,irpor~ 1-Janitor II - Group IS Step 3 Department of Parks and Recreation l-Mointenanc~ labor Group 10 Traffic Engineer and Communications l-Sign Hen Group $ Step 2 Respectfully submitted, S/ Julian Y. Hirst City Manager" Mr. Stoller moved that Council concur in the recammenda(lons 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. Pond and unanimously adopted. BUDGET-PAY PL~N-SEMERS AND STORM DRAINS: The City Manager submitted the following report recommending that necessary equipment and personnel be authorized in connection mith the establishment and operation of additional'stream sampling stations and that a total of $6,848,00 be appropriated for this purpose: "Roanoke, Virgihia November 22, 1965 To the City Council Roanoke, Virginia Centle~en: The City Co'uncil, by Ordinance' No'. 16579, dated August 1965, authorized the City Mann.gev and directed him to proceed at once to purchase the necessary equipment, hire a laboratory' technician, and t.o establish the sampling station as directed by the Virginia State Mater Control Doard for the stream testing. Acting on the basis of the above ordinance, all of the above steps have been taken and the stream testing program is now in effect. The City Auditor has' a~vised that two additional ordinnnces are necessary in order to comply mith the above ordinance. It Is, therefore, recommended that the City Council authorize the City Attorney to prepare tau ordinances to the'following purposes: 1. Appr0prllte the sub o! mole7 not to exeeed $6,849.00 to be pieced In the Seunge Treolmenles eccoaet, retroactive to August 15, 1965, os follous: a. Sslor~ rot lob'orator7 technicioo $2,460.00 · ,b* d-uheel drive vehicle 2,167.00 o. Lnborn~or~ eqnipueot 2.213 O0 2. Authorize the eatoblishuent of the position of £sborotory tine to permunentll fill this posltion retroactive to Koveuber Respectfull~ submitted, Citl #anoger" Manlger sad offered the follouing emergencI Ordinlnce oppropriatia9 the (=16755) A~ O~Ol~ANCE to amend and reordalo "operating Expense" end ~Non-Oporatin9 Expense" of the i965-66 Selage Treotuent Fund Appropriation Ordinance Dillard ........................................ "~ovember 22, 1965 Roanoke, Virginia Gentlemen: construction of th~ FTOJect. 459 460 The Ordinunoe mould authorize the acquisition b7 the Git7 of fear easements' from the Horfolk old Western nad rdionse by the'Cie! of the Norfolk nn'd Weoterm'8 obligatioUof &a:&grneu~ot~of,-189§~ln the coupes ouoerohlp end obligutioo to' muJntuio thee Elm Avenue Bridge, The' Cil7 needs the eusemenio and the company meets ml~nrnncn of the'ir obligation tO mofotnin tbs eld or · JeW Elm Avehua Bridge, As ~ons~iderotion of their release from bridge malatenmuce the No'folk iud #astern mill convey eusemeutu to the City end mill puy the City $15,000,00 Respectfully,~ S/ Juliun F, flJrst City Msunger" Camac'il indicuting u desire to study the proposed nee n~reeuent before reuching n decision, Br. Mheeler moved that action on the uutteT be deferre~ until the next regular meeting of tbs bed7 o3 November 29, lObS, The motion mas seconded by Mr. Pond end unanimously udopted. · STATE BICBMAYS: The City Manager submitted n uritten report,'recoumending that 'Beasts, Mercer #. Simmons end Julian R. Martin be approved as fee appraisers for six parcels of land along First Street, $. £.. betmeeu Bullies Avenue end Rim Avenue. opposite £1uwood Park. in connection with the Virginia State Route 24 ProJec Mr. Stoller moved that Council concur in the recommendation of the City Manager and that the mstter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Pond and unanimousl~ adopted. REPORTS OF COMMITTEES: SR~ERS AND STORM DRAINS: The committee appointed'to tabulate bids receive on the construction of an 8-inch sinitar! sewer on Cordon Avenue. S. E.. between Bennlngton Street and Sixteenth Street, submitted the following report: "November 17, 1965. To the City Council Roanoke, Virginia Gentlemen: Bids mere opened and read before City Council at its regular meeting on November 15, 1965, for the construction of an 8" sanitary semer in Gordon Avenue, S. E., from t~e vicinity of Bennington Street to a point fifty (50) feet west of 16th Street. An ahomn by the attached Tabulation of Bids, four (4) bids were received mith the apparent lam bid of $7,232.50 being submitted by Oimbevt and Gimbert, Inc. Of Roanoke. At their meetingof September 27, 1965, Council approved o proposal of the Golden Park Corporation relative to the construction of seuer lines on Carlisle Avenue and Gordon Avenue, S. E. A ~art of this proposal specified that the Golden Par~ Corporation would install sanitary namers to serve lots on Carlisle Avenue and the City would install the lines to serve Gordon Avenue, The developers have completed their installation and the subject bids cove~ the Cityts.segment. Previously on October 25, 1965, bids mere received on this work. Only two (2) bids were:received, however, and both were Yejected ns considerably in excess of the Rngineerts estimate. It' in hereby recommended ~bat s contract be umarded to Cimbert and GJmbert, lac** in the amount of $7,232.~0 and that the sum of $7,251.50 be appropriated to cover the contract and advertising costs, being within the Engineer*n estimate. API~0VRD: S/.Vlncent S, Mheeler Vincent S. Wheeler, Chairman Julian F. Hirst, City Manager S~ By B, Thompson B. B. Thompson, Purchasing Agent" Iud offered the f,Il,Ring emergency ~rdiuuace accepting the proposal Glmberto Incorporated: (Xlb?Sb) AN ORDINANCE pr,riding~ r~i~e'con~ructl~n of a public sloitlry seuer m~in on u portion of Gordon Avenueo $. Eo, by accepting · certain bid Bide to the C'ity therefor and ~murdlug u contract thereon; rejecting certain other bids; amd pr,riding for un ~mergency, (For full text of OrdinanCe, see. Or~iuuice Book No. 28, page 490.J Mr. #heeler moved the .adoption of the Ordinance. The motion ual seconded by Mr. St,lief and adopted by the ~ollouieg vote: AYES: Messrs. Garland. Pollard. Pond, Stollcr. Wheeler and Mayor Dillard ........................................ 6. NAYS: None .............. ~ ........... O. (~r. Jones absent) Hr. Rheeler then offered the following emergency Ordinance transferring the $7.261.50 from the Contingency Fund: (xI67ST) AN ORDINANCE t~ amend and reordain Section #16(, 'Contingencies. and Section ~170, "Capttul," of the 1965-66 Appropriation Ordinance, a~d pt,riding for an emergency. (For full text of Ordinance, see Ordinance Book No. 28, pa~e 4gl.) Mr. Rbeeler u,red the adoption of the Ordinance. The u,lien was seconded ~y Hr. St,lieF and adopted by the f,Il,win9 vote: AYES: Messrs. Garland, Pollard, Pond, Stoller, ~heeler and Mayor Dillard ........................... = ............ 6. NAYS: N,ne .......................... O. (Mr. Jones absent) LIDRARIES: ~he co~mfttee uppointed to tabulate bids received on the Raleigh Court Branch Library submitted the fall,win9 report~ 'Noveuber 18. 1965. To the City Council R,aa,he. Virginia Gentlemen: Bids were opened nad read before City Council at its meeting on November 15, 1965, for the ~onstructim of a Raleigh Court Branch Library. As shown on the attached Tabulation of Bids, the apparent lou bid mas submitted by Frye Building Company of Vinton. The low b~e bid of $78,787.00 would cover the basic ~onstrnc- tiaa of the facility, although several alternate bids were taken. Alternate NO. I would include construction of a cement concrete' westerly side of tha proposed library, and a cement concrete sideualh from the service drive to the rear entrance to the building. Alternate No. 2 would substitute asphalt tile in place of vihyl asbestos tile which was specified in the base:bid. Alternate No. 3 mould omit u kitchenette unit consisting of I stave and refrigerator combination ~ud sl~k which mere included in the bose bid. Alternate No. 4 w,aid include the 'installation of u,el carpeting and underlayment pad In lien of tile. ~our'committe~ net .and discussed these bids in considerable detail. Both the Cltyea Architect end Engineer ore satisfied ns to the qualifications of the low bidder; they have done uork for the CJt~ before in connection with improvements ut Roanoke #anicJpul Airport. The concrete end pavement work under Alternate ~o. I are 462 desirable u~d alii ultimately be uecossuryt so it is recommended that they be itcloded lm the project. Vinyl asbestos tile la certainly superior to asphalt tile, therefore, Atterhhte No. 2 is eot recommended. Concerning Alternate No. 3, other City libraries hove similar hltoheaetts amd they bhve proven very usefll iud coareoleut, thernfor~, tile deductfom ia mot recommended. The proposed carpeting throughout the building mould oct es u good sound conditioner, odd aesthetic beauty to the building, reduce the possibillW of accidents, and repbrtedly reduce maintenance costs; therefore, Alternate No. 4 is recommended. It is hereby recommended abet u contract be emerded to Frye Rulldleg Company in the amount or $84,039.00 to cover the base bid plus Alternates No, I end No. 4; the Architects estimate · for this project nas $85.000.00. · APPROVED: S~ Robert A, Garland Robert A, Garland, Chairman S~ Julian F. Nirst Julian F, Rirst James ~. Jones S/ Rt R. Thompson Oueford R, Thompson S/ Mar, ray A, Stnller Murray A, Stoller* Mr. Garland moved that Council concur in the recommendations of the committee. The motion nas seconded by Mr. Smaller. Other members of Council pointing out that such buildings as the Roeeohe Public Library end the nam Willtenson Road Branch Library do not have carpeting and voicing the opinion that all city buildings should be standard in ~his respect, Hr. Wheeler offered a substitute notion that Council approve the vinyl tile i~stend of the carpeting. The motion nas seconded by Mr. Pond and adopted by the follouJog vote: AYES: Messrs. Pollard, Pond, Wheeler and Mayor Dillard .................4. NAYS: Messrs. Garland and Stoller ...................................... (Mr. Jones absent) Mr. Garland then moved that Council concur in the reconmendati on of the committee, as amended, md offered the folloming emergency Ordinance accepting the proposal of the Frye Building Company: (z16758) AN ORDINANCE providing for the construction of the neu Raleigh Court Branch Library by accepting a certain bid made to the City therefor end awarding a contract thereon; rejecting certoio other bids; and providing for on emergency. (For full text of Ordinance, see Ordinance Book No~ 28, page 492.) Hr.-Garland moved the adoption of the Ordinance. The motion wee seconded by Mr. Smaller end adopted by the following vote: AYES: Messr$, Garland, Pollard, Pond. Stoller, Wheeler and Mayor Dillard ............................. ' ........... NAYS:' None .......................... O. (Nr. Jones absent) UNFINISUEO BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-PAT PLAN: Council having directed tke City Attoroey to prepare the proper measure authorizia9 the City Manager tO fill certain vacancies iu various municipal departments since they are of al eeergency nature, he preseoted sene{ uhereupono Hr, Wheeler offered the Iollouing Resolution: (nlOT$9) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Boob No. 26, page 493.) Hr. EbehJer moved the adoption of the Resolution. The motim was seconded by Mr. Pollard and adopted by the following vote: AYES: Meters. Garland, Pollard, Pond, Sloller, Mheeler and Mayor Dillard ........................................ b. NAYS: .None .......................... O. (Mr. Jonas absent) APPOINTMENTS-CITY MAREET: Council having directed the City Attorney to prepare the proper measure approving the appointment of Mr. Donald R. Solen as Clert of the Market, effective November 15, 1965, he presented same; whereupon, Mr. 5toller offered the following Resolution: (316760) A RESOLUTION confirming the appointment of Donald R. Nolen as Clerk of the Markets. (For full text of Resolution, see Resolution Boob No. 2D, page 493.) Mr. Stoller moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Uerlaud, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ......................................... 6. NAYS: None ...........................O. (Hr. Jones absent) MO~10NS AND MISCELLANEOUS UUSIN£SS: HOUSING-SLUR CLEARANCE: Mayor Dillard presented a telegram from the Housing and Home Fiennc~ Agency, adrlsiug that $154.20D planning advance and $2,011,~ grant reservation have been approved for the Kimball Avenue Redevelop.eat Area Project, and a telegram from the Humming and Home Finance Agency, advising tbat $87,100 planning advance and $2,009,000 grant reservation have been approved for the Doentown East Urban Reneeul Project. Mr. Stoller moved that the telegrams be filed with the records of Council. The motion was seconded by Mr. Pond and unanimously adopted. On motion Of Mr. Wheeler, seconded by Mr. Garland and unanimously adopted, the meeting mas adjourned. APPROVED ATTE ST: /City Clerk Mayor 463 ,00 464 COUNCIL, REGULAR MELt"rING, Monday, November 29, 1965. The Council or the City of Roanoke met in regular meeting in the Council Chamber ia the Municipal Building, Monday, November 29, 1965, at 2 p.m., the regular meeting hour, uith Mayor Dillard presiding, PMESEh'f: Councilmen Robert A. Garland, James E. Jones, Roy R. Pollard, St** Clarence E. Pond, Murray A. Stoller, Vincent S. Mheeler and Mayor Benton O. Dillard ................................... 7. ABSENT: Noun ..................Oo INVOCATION: The meeting mas opened uith a prayer by the Reverend Vernon D Miller, Pastor, Nest End Presbyterian Church. MIA~KS: Copy of the minutes of the regular meeting held on Monday, October 25, 1965, having been furnished each member of Council, on motion of Stoller, seconded by Mr. Pond and unanleously adopted, the reading thereof was dispensed math and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SEhER$ A~D STORM DRAINS: Pursuant to notice of advertisement for bids on the construction of a sanitary sewer in the Edgehill Corporation Subdivision west of U. $. Route 220, said proposals to be received by the City Clerk until 2 p.m., Monday, November 29, 1965, and to be opened at that hoar before Council, Mayor Dillard asked if anyone hod 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 following bids: Incorporated $16,682;10 D. S. Blount 20,241.00 Hudgins and Pace 20,925.00 Laramore Construction Company, Incorporated 27,670.50 Southmest Construction, Incorporated 34,?15.00 Rr%Stoll~ moved that:the bids be referred to a committee to be appointed by the Mayor for study, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee The motion was seconded by Mr. Jones and unanimously adopted. MgYOr Dillard appointed Messrs. Roy R. Pollard, 5r., Chairman, Julian F. Hits* and Bo B. Thompson as members of the committee. ,STATE B~GHMAYS: Pursuant to notice of advertisement for bids on the demolition of buildings in connection with the Virginia State Route No. 24 and Virginia State Route No. 599 proJects,.said proposals to be received by the City Clerk until 2 pom., Monday, November 29, 1965, and to be opened at that hour before Council, Mayor Dillard asked if anyone had any questions about the advertisement, nad no representative present raising any question, the Mayor instructed the City CI to proceed with the opening of the bids; whereupon, the City Clerk opened and read bids received from Branch and Associates, Incorporated, in the amount of and Diamond Construction Corporation, in the amount of Hr. Smeller moved that the bids be referred to a committee to he appointed b7 the Mayor for study, report and recommendltloa to Council, the City Attorney to prepare the proper mensere in accordnnce mith the recommendation of the committee. The motion was seconded by #r. Jones and unoclaously adopted. #ulor Dillard appointed Messrs. Roy R. Pollurdo St** Chnirmnn, Julian F. Hirst nad H, D. Thompson as members of the committee. GASOLIh~: Pursannt to notice of advertisement rot bids on furnishing the automotive gasoline requirements or the City of Rounohe for the period from January 1, lg6b, through December 31, 1966, said proposals to be receivedby the City Clerk until 2 p,m., Monday, November 29, 1965, and to be opened at that hour before Council, #myer Dillard asked if anyone had any questions about the advertisement, and no representative present raising any question, the Hayer instructed the City Clerk to proceed mith the opening of the bids; whereupon, the City Clerk opened and rend the folloming bids: City later Fire Bidder Garaoe Dept. Dept. Regular Premium Regular Premium net p.g. net p.g. net p.g. net American 011 Company $ .1103 $ .15go $ .1180 $ .1690 Sinclair Refining Company .1119 .1385 .1207 .1385 Cream Central Petroleum Corporation - .1446 - - Gulf Oil Corporation .Ill9 .1409 ~122g .1439 Humble Oil ~ Refining Company .1119 .1449 .1340 .lO20 Texaco, Incorporated .1195 .1465 .121S .1615 Atlantic Refining Company .1209 .14T2 - Whiting 011 Company .1214 .1564 .1~69 .1564 Pure Oil Company .1265 .1565 .1385 .1685 Fuel Oil ~ Equipment Company, Incorporated .1590 .1940 .1690 .1940 Mr. Stoller meted that the bids be referred to a committee to be appointe( by the Mayor for study, report and recommendation to Council, the City Attorney to prepare the proper measure, or measures, in accordance with the recommendation of the committee. The motion was seconded by Mr. Pond and u~animoosly adopted. Mayor billard appointed Messrs. Roy R. Pollard, Sr., Chairman, Julian F. Hirst and B. B. Thompson us members of the committee. PETITIONS IAI) CORMUNICATIOA~: APPALACHIAN PORER COMPANY: A communication from the men's Garden Club of Roanoke, voicing the opinion that electric lines should be placed underground by requiring, by Ordinance or as a stipulation for the granting of a building permit, that in all nam housing developments all utility lines be underground, bi requiring that any extension, replacement, er increase in capacity of existing lines be accomplished by placing the new conductors underground and establishing a realistic program of undergrounding existing lines, with a timetable for accomplishment, urging that immediate action be taken in regard to the first step and advising that the members of the Men's Garden Club of Roanoke will be glad to assist in solving this problem ir such assistance is desired, was before Council. 465 466 Mr. Stoller moved tilt abe matter be referred to the City Nlaager for sandy, report end recommendation to Council. Zke motion als,seconded by Mr. Pollard and ancnlmona]y adopted. STADIUM: A communication from Uowntomn Roanoke, Incorporated, advising tint there ~ppeara to be sentiment tomerd doing nwny with the Tbnnkapiring Day football game in Victory Stadium, at least in its present form, and requesting tint Council take steps perhaps through the Stadium Advisory Committee, to assure that Roanoke retains this event, milch is both a marvelous tradition end n tremendous asset to the city, mas before the body. In this connection, Mr. Millias R. Mill, Executive Director, Domntomn Roanoke, Incorporated, Mr. John J. Butler and Mr. Jack C. Smith, representing the Chamber of Commerce, and Mr. Peyton R. Keller and Mr. E. C. Moomam, representing the Roanoke Merchants Ass,Final,n, appeared before Council and urged that steps be taken to assure that the Thanksgiving Day football game between Virginia Military Institute and Virginia Polytechnic Institute at Victory Stadium be retained In its present form. After a discussion Of the matter, Mayor Dillard stating that the President of Virginia Polytechnic Institute has told him personally that there is nothing to the rumor that the football game between Virginia Military Institute and Virginia Polytechnic Institute at Victory Stadium mill be discontinued, that consideration is only being given to changing the game to Saturday Instead Of Thanksgiving, Mr. St,liar mored that the City Attorney De directed to prepare the proper measure expressing the appreciation of the City of Roanoke for the many years the annual football game has been played In Roanoke and urging that the game be continued at Victory Stadium in its present form. The motion mas seconded by Mr. Pond and adopted, Mayor Dillard voting no. BUDGET-SCHOOLS: The foil,ming communication from the Roanoke City School Board, requesting a total appropriation of $53,?63.16for various programs mas before Council: *November 24, 1965 $ 14,568,10 5,674.56 13,162.50 3,414.00 2,116.00 TO the Honorable Mayor and ~embers o[ C/ti Cooncil City of Roanoke, Virginia Gentlemen: The Roanoke City School Board at its meeting November 23, 1965, respectfully requested Roanoke City Council to appropriate funds as foil,ms: 1. To 12-000 IMPROVEMENT & BETTERMENTS (Industrial Education Equipment) Of this amonnt $10,926.07 will be reimbursed from federal and state funds. (See attached explanation I.) 2. To 26-000 MOnK-STUDY PROGRAM 26-100 Personal Services Of this amount $5,670°00 Mill be reimbursed from federal funds. (See attached explanation II.) 3. To 2200 INSTRUCTIONAL SUPPLIES (N. D. E. A.) Of this amount $12,262, ff0 will be reimbursed from federal funds. (See attached e~planation III.) To 7500 MAINTENANCE OF INSTRUCTIONAL & OFFICE EQUIPMENT (N.D.E.A.) Of this amount $3,414.00 mill be reimbursed from federal funds. (See attached explanation !II.) To 12-000 IMPROVEMENTS ~ BETTERMENTS (N, D. E, A,) Of this amount $2,116.00 will be reimbursed from federal and other funds. (See attached explsnation III.) 4. To 21-000 RAMPOIER DEYELO~MENT ~ TB'AIMIMG (Mrichmusonry) 14,620.00 21-I00 Slluries 11,753,00 21-200 Supplies 1,494.00 21-SO0 Small Tools ~ Equip, 116.00 21-700 Maintenance & Repair 200.00 21-ooo Fixed Charges 1,113.00 21-900 Other Costs isa. OB 14,828.00 OftbJs amount $14,020.00 w~ll be reimbursed from federal funds. (See attached explanation IV.) Zn summary, the Roanoke City School Board is requesting of City Council uu nppropril tiaa of $53,763.16. Of this amount $4g,216.$? will be reimbursed from federal, state and other funds. Local cost of these programs mill be $4,546.59. Fery truly yours, S/ A. F. Fisher ' A. F. Fisher, Business manager G Clerk of the Board I VOCATIONAL EDUCATION ACT OF 1963 (Industrial Education £oulDment) One item of equipment under this program, approved by the Hoard on April 13, 1965, for mhich funds were provided by Council Ordinance Number 16434, May 17, 19b$, could not be delivered by the supplier prior to the close of the revised fiscal year June 30. These funds, therefore, Mere unexpended. Reapprovel of this piece of equipment by the State Department after July I was necessary. These funds were not included in the 1965-66 budget request since at the time of preparation of this budget It was not ~nomn that delivery of the equipment could not be made prior to June 30. Reimbursement for this item Mill be 75~ of the cost. WORK STUDY PROGRAM Toward the latter part of August, 1965, me Mere notified by the State Department of Education that the Vocational Education Act of 1963 had uuthorized funds for a Mark Study Program. The purpose of this program is to provide part-time employment for youth who need the earnings from such employment to commence or continue their vocatlonaltruinlng on a full-time basis in a public high school or in a public vocational-technical school. Tkis program Is financed completely from federal funds with one exception; the local School Board must pay Morkmen's Compensation Insurance. In order for us toparticipate, it was necessary that ue make appli- cation by September 1. This Was done. Since these funds were approved, the necessary work has been done to establish the number of pupils needing this type of help and the number of positions in the individual schools mhere the students Mould be employed. Plans have been made to employ 21 students during 1965-66 under this program. However, before entering into any agreement with the students, it Is necessary that ue have School ~oard approval Of the project. If the students can begin work by December 1, 1965, we will need $5,670.O0 plus the east of the Workmen*s Compensation premium. N, D. E. A. PROGRAMS Nhen the 1965-66 budget mas developed, M.D.E.A. funds were estimated for the instructional division on the basis of the best information available to us at that time. 5inca the time of budget approval by the School Board and Council, certain factors have necessitated the request that additional funds be appropriated. These funds would be used to purchase N.D.E.A. approved instructional materials. Local funds which have been appropriated in the 1965-66 budget with the following exception will be used to match the additional ~.D.E.A. funds which are requested- the exception being a need for a total of ~$900.00 additional local funds In budget details 2214 and 2217. The factors that bring about this request are: The N.D.K.A. of 1958 was amended by the last Congress, but the specifications for eligibility of materials and equipment were not made known to us until late le August 1965. The specifications indicated a wider range of eligible materials and equipment in a broader area of subject fields than we had anticipated. 467 468 IV RANPONRR TRAINING PROGRAM IBriek Uas6nrv Va(BI 60~ This program'm·s approved es i coetreot betmee· the Division or ¥OC·tIoBal Kduc·tio· of the State Deportment of Education. The Yfrgfafa State Employment Serrlce certified the need on September 22, 1965, The progr·m is designed for 36 trainees end ia the approval of an application sub·fated in October, 1965," In this connection, Hr. RO~ L. Hebber, Chairman of the Roanoke Cia7 School Board, Dr. E. H. Rushton, Superintendent of Schools, and Hr. A, F. Fisher, Clerk of the School Board, appeared before Council for · discussion of ~be matter. After · discussion of the matter, Hr. Stoller moved that Council concur in the request of the School Board as outlined above and offered the folio·lng emergent7 Ordinance: (a16761) AN ORDINANCE to amend and reordain certain sections of the 1q6S-66 Appropriation Ordinance, and providing for an esergencT. (For full text of Ordinance, see Ordinance Book No. 20, page 49§.) Er. Stoller moved the adoption of the Ordinance. The matin· was seconded b7 Mr, Pollard and adopted b! the following rote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Malor Dillard ................................ NAYS: Aone .................. O. CLAIRS: A communication from Mrs. O. C. Austin, advising that she has incurred expenses totaling $259.76 as a result of a fall on the step in the ladles* rest room off the first floor in the Municipal Building end requesting that she be reimbursed said amount, was before Council. "Roanoke, Virginia November 2g, 1965 Roanoke, Virginia fleelth Deportweei - Pobl.ic Health Nnrae, ar.cap 12, Step 2 Health Sanitarian, Group 11, Step 2 Sewer ~ Drain Constriction - I Street Crem Helper, 6roap 9 ALrport - I Hight Tender, Grade 14, Step S Wespectfelly submitted, S/ Julian F. Hirst City Manager# Hr. 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 proper measure. The motion uss seconded by Mr. Pollard and unaniwously adopted. In this connection, Mr. Garland voiced the opinion that Resolution 15547, declaring it to be the sense of Council that. until further notice, no vacancies occurring in city personnel shall be filled except upon recommendation of the City Manager with the prior consent of Council, presents problems in sane instances and moved that the City Attorney he directed to prepare the proper measure rescinding Resolution No. ISS47. The motion was seconded by Hr. Jones and adopted. Mr. St,lief voting no. FRANCHIS£S-THE CHESAPEANE A~D POTORAC TELEPBOhE CO#PAAY: The matter of the franchise of The Chesapeake and Pot,nsc Telephone Company of Virginia which expires on December 6, 1965. having been referred to Council as a committee of the whole for study, report end recommendation, the City Manager submitted a written report calling attention to the forthcoming expiration of the current franchise and made a verbal report as to the status aY consideration of the franchise. Hayor Oillard indicated that the matter would be given further considera- tion In executive session. R£pOgTS: The City Wunager submitted a written report, transmitting a report of the Oepartment of Public Welfare for the month of September. 196S, and listing other monthly departments! reports on file in his office. Mr. Staller moved that the report be filed. The motion was seconded by Hr. Wheeler and unanimously adopted. CITY A~DITOR: The City Auditor submitted a financial report of the City of Roan,he for the month of October. 1965. Hr. Wheeler moved that the report be received and filed. The motion was .seconded by Hr. Pollard and unanimously adopted. REPORTS OF COM#ITTEE$: CITY MARKET: Council having deferred action on a question of the City ffarket Improvement Committee an to how it can he of further service in bringing about needed improvements in the City Market, the matter was again before the body. In this connection. Messrs. W. Eoward Wood. Chairman, William R. Hill, Secretary. Robert W. Cutshall and Roy T. Wright of the City Rarhet Improvement Committee. appeared before Council for a discussion of the matter. 469 47-0 Mr. Dexter N., Smith. Planning Director, advised that a grant for urban beautification cuu be up to fifty per cent of the expenditures for urban beautlflca- t!one however, grants of ~p to ninety per cent are authorized to curry nut projects of special value for demonstrating new nod approved methods and materials rot urban beautification under an amendment to the 1961 Dousing Act and there is c possibilit] the City Market project might fall in this category. After a furtker discussion Of the matter, Hr. Wheeler moved that Council go on record as approving the preliminary plans to revitalize the City Market area as prepared by the City #arket Improvement Committee of Downtown Roanoke, Incorpora- ted, end the Southwest Section, Virginia Chapter of the American Institute of Architects, and that the City Manager be directed to make proper application to the Rousing nnd Home Finance Agency for an urban beautification grant under the Urban Beautification Program to carry out the project. The motion was seconded by Mr. St.lieF and unanimously adopted. STATE HIGHWAYS-BRIDGES: Council having deferred action on n recowwendntio of the City Manager with regard to approving an agreement between the Commonwealth of Virginia, the Norfolk and Western Railway Company a,d the City of Roanoke, acquiring easements from the Norfolk and Western Railway Company and releasing said compan! from its obligations in an agreement of 1890 for maintenance of the Elm Avenue Bridge in connection with the Virginia State Route 24 project, in order to have an opportunity to ~tudy the proposed new agreement before reaching a decision, the matter was again before the body. Mr, Mheeler offered the following emergency Ordinance providing for the acquisition of the easements from the Norfolk nad Western Railway Company and releasing said company from its obligations in the agreement of 1690 for maintenance of the Rim Avenue Bridge: (~16762) AN ORDINAhCE providing for the City's acquisition of certain easements from The Norfolk and Western Railway Company necessary for certain public street purposes; relieving The Norfolk and Western Railway Company of its obligatiot with respect to the maintenance of certain bridges and bridge approaches; providing for the City*s assumption of the obligation and cost of maintenance of the nam bridge for Elm Avenue, S. E., across the tracks of The Norfolk and Western Railway Company crossing said street, upon certain terms and conditions; amending and modifying to the extent provided herein on ordinance adopted by the Council Of the City of Roanoke on October 9, 1890, relating to the existing Elm Avenue, S. E., bridge and its approaches; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 28, page 498.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, St,lieF, Hheeler and Mayor Dillard .................................. 7. NAYS: hone ...................... O. Mr. W~eeler then offered the following Resolution approving the agreement between the Commonwealth of Virginia, the Norfolk and Westerh Railway Company and the City of Roanoke: (#16763) A RESOLUTION authorizing the execution on behalf of the City of es egreemeat between the City. the Cowmonweeltk of Virginia nad The Norfolk end ~eotere Bailuay Compony relating to the conotroctfon of the State Route So. 24, (Elm Avenoe, S. Z.), railroad overpass nad related Improvements. (For fell text Of Resolution, see,Zesolotion Book No. 28, pore SO0.) Nr. #heeler moved the adoption of the Resolution. The motion nas seconded by Mr. Pond end adopted by the following vote: AT,St Messrs. Garlnnd, Jones, Pollard, Pond, Stoller, iheeler end RaTor Dillard .................................. ?. tATs: None ..........................O. CONSIDERATION OF CLAIMS: NOI~. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance So, 16752, rezonlng property located on the north side of Brandon Avenue, S. N., east of Nlndsor Avenue, described as Lots 1-6, inclusive, Block 6, Stratford Court, Official Tax Nos. 1250701-1250706, inclusive, and a 0.6SS-acre tract of land extending north from the rear of Lot 6, east of Murray Run. designated Reserve, Official Tax No. 1250707, from General Residence District to Business District, having previously been before Conncil for its first reading, read and laid over. mas again before the body, Mr. Stoller offering the following /or its second reading and final adoption: (~16752) 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. 2B, page 494.) Mr. Stoller moved the adoption of the Ordinance. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mbeeler and Mayor Dillard ................................... , NAYS: None .......................... ZONING: Ordinance NO. 16753~ rezoning property located on the south side of Bnllitt Avenue, S, Z., betmeen Ninth Street and Eleventh Street, described as Lots 12 and 13. Block 26, Belmont Land Company, Official Tax Nos. 4121410 and 4121411, 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, tbe following communication from Mr. Leonard G. Mane, Attorney, representing The Kroger Company, confirming the willingness of his client to comply with six conditions stipulated by the City Planning Commission and to correct some situations ~hich exist at times as complained of by Mr. Jo B. Redden, mas before Council: 'November 23, 1965 Riss Virginia L, Sha~, City Clerk City of Roanoke Municipal Building Roanoke, Virginia 471 472 Dear Miss Skawz Yelterdeyeftnrnooe-City Coeecll adopted eR the first reading In ordlBaece renaming from general residence to business district the above described real property. The approval of Council mas expressly conditioned upon the kroger Company complying with the six conditions set out ia a letter.dated October 21, 1965, from Henry fl, Doyeton, Chairmen of the City Planning Commission. At the hearing before Council, #r. Y. J. Parr, Real Estate Manager of the Kroger Company la the Roanoke Division, accepted the conditions on behalf of the Kroger Company end committed his cnwpecy to meeting those conditions in full measure. At the same time I stated that as eltorney for the Kroger Colpanyo would write e letter ~o the same effect so the matter way be of written record. Consequently, on behalf of the Hroger Company, the six conditions referred to are hereby accepted end they shall be complied with in good faith. If I may add a personal note, I should like to say that l remember when Ry. Redden, who, at the beginning,of the hearing appeared as an objector, was born, His father and mine worked together in the East End Shops of the Norfolk ~ Western Company for approximately forty years and X know of no finer Christian family. After the formal hearing before City Council, Mr. Redden, Mr. Fart and myself had further discussions and Hr. Redden pointed out some situations that at times exist that be desired attention be given-~we promised to do this. I am going to put this matter on my calendar and in approxi- mately six months I am going to communicate with My. Redden to ascertain If he feels that the Kroger Company Is meeting its commitments ie good faith. Sincerely yours, S/ Leonard Muse Leonard G. Muse' Hr. Stoller moved that the communication be received and filed. The motion was seconded by Hr. Jones and unanimously adopted. Mr. Stoller then offered the following Ordinance for its second reading and final adoption: (m16753) AN ORDINANCE to amend and reenact Title X¥, Chapter 4. Section 1, of The Code of the City of Roanoke. lg56. in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 26, page 495.) Mr. Stoller moved the adoption of the Ordinance, The motion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pood, Smaller, Wheeler and Mayor Dillard ............................... NAYS: None ..........................O. STREETS AI~D ALLEYS: Ordinance No. 16754, vacating, discontinuing and closing that portion of an alley running in a north-south direction through Block 26, Belmont Land Company, from its intersection with the south side of Bullitt Avenue, S. E., in a southerly direction a distance of 225.62 feet, more o~ less, to the southwesterly corner of Lot 12, Block 26, Belmont Land Company, 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: (;16754) AN ORDINANCE permnnently vacating, discontinuing and closing that portion of ua alley mhich passes ia a general north-south direction through Block 26, Belmont Land Company Map, from the intersection of said alley'uftb the south side of Bnllitt Avenue, S. E., running tn n southerly direction a distance of 225.62 feet, more or less, and being oil that portion cf said alley lying lmmedintel west of Lot 12, Block 26, Belmont Land Company Map. (For full text of Ordinance, seeOrdinaace Book No. 2B, page by Mr, Mheelcr and adopted by the folleuing vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Smaller, Mheeler and Mayor Dillard .................................... NAYS: None ........................... O, JUNIOR CHAMBER OF COMMERCE: Conncil havl~g directed the City Attorney to prepare the proper measure designating January 16 - 22, 1966, as "Official Jafcee Meek in Roanoke, Virginia,' he presented same; whereupon, Mr. Pond offered the follcuing Resolution: (U16764) A RESOLUTION designating Janoory 16 - 22, 1966, as 'Official Jaycee Meek in Roanoke, Virginia.' (For full text of Resolution, see Resolution Boob No. 20, page 502.) Mr. Pond moved the adoption of the Ordinance. The motion was seconded by Mr. Pollard and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ................................... ?. NAYS: None ........................... O. BUDGET-PAY PLAN: Council having directed the City Attorney to prepare the proper measure aatborizing thc City Manager to fill certain vacancies in various municipal departments since they are of an emergency nature, he presented same; whereupon, Mr. Stoller offered the following Resolution: (c16765) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Book No. 28, page 502.) Mr. Smaller moved the adoption of.the Resolution. The motion was seconde by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Wheeler and ,Mayor Dillard ............................... ?. {q{AYS: None ......................... O. STATE EIGHMAYS: CouNcil having directed the City Attorney to prepare the proper measure authorizing the employment of Mr. Julian B. Martin and Mr. Mercer Simmons for the appraisal of certain parcels of land in connection with the Virginia State Route No. 24 project, he presented same; mhereupon. Mr. Stoller offered the following emergency Ordinance: 473 '474 (e16766) AN ORDINANCE providing for the appraisal of certain properties affected by the coaakruetioa of the City's Route 24 ProJect~ authorizing the employment of two (2) appraisers of /aid properties; nad providing for in emergency. (For full text of Ordinance, see Ordinonce Book No. 20, page ~03.) Br. Smeller moved the adoption of the Ordinance. The motion mos seconded by Br. Pollard and adopted by the folloming vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stellar, Wheeler lad Mayor Dillard ................................ NAYS: None ......................... O, MOTIONS AND MISCELLANSODS BUSINESS: ACTS OF ACKNOMLEDGMENT: Mr. lheeler pointed out that Mr. Donald L. Jordo~ has recently been named as Chairman of the Board of the national Association of Banufactorers and moved that the City Attorney be directed to prepare the proper measure recognizing this honor. The motion mas seconded by M~. Jones and unaninousl adopted. TAXES-LICENSES: After an executive session, Mr. Pollard offered the following emergency Ordinance amending and reordaining Section 15. Chapter B, Title VI. of The Code of the City Of Boonoke. 1956. relating to license taxes on utilities by levying an annual license tax of three per cent on the gross receipts derived from the business done exclusively in the City of Roanoke by every person engaged in the telephone business and operating one or more telephone exchanges in the city: (~lb?6?) AN ORDIhA~CE to amend and reovdnin Section IlS of Chapter O, Title VI. of the Code of the City ~f Roanoke. lgSG. relating to license taxes on utilities; and providing for an emergency. (For full text of Ordinance, see Ordinance.Book No. 2B, page 504.) Mr. Pollard moved the adoption of theOrdinaece. The motion was seconded by Mr. Wheeler and adopted by the following vote, Mr. Garland protestieg that the Ordinance is discriminatory toward the Chesapeake and Potomac Telephone Company of Virginia and Mr. Jones pointing out that aocording to the Mayor he has to vote on the Ordinance under the provisions of the City Charter: AYES: Messrs. Jones, Pollard. Pond, Stoller. #heeler and Mayor Dillard .............................................6. NAYS: Mr. Garland ..... On motion of Mr. Pollard, seconded by Mr. Wheeler and unanimously adopted, the meeting was adjourned. APPROVED. ATTEST: Mayor COUNCIL, REGULAR MEETING, Monday, December 6; 1965, The Council of the City of R,ca,he met in regular meeting ia the Council Chamber it the Municipal Building, Monday. December 6, 1965o at 7:30 p.m., uith Mayor Dillard presiding, PRESENT: Councilmen Robert A. Garland, James E. Jones, Boy R. Pollard, Sr.. Clarence E. Pond, Murray A, St,lief. Vincent S. Mheeler and Mayor Benton O. Oillard ................................... ABSENT: None ....................O. OFFICERS PRESENT: Mr. Julian F. Hlrst, City Manager. Mr. James N. Kincnnon, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting nas opened with n prayer by the Reverend Millinm Dixon, Assistant Pastor, Virginia Heights Baptist Church. MXNLITES: Copy of the minutes of the regular meeting held on Monday, November 1, 1965, having been furnished each member of Council, on motion of Hr. St,lieF, seconded by Mr. Mheeler and unanimously adopted, the reading thereof mas dispensed with and the minutes approved as recorded. Mayor Dillard recognized and M,lc,mad members of Girl Scout Troop 160 of the Grandin Court Baptist Church who were present mith their leader, Mrs. Max Camper ~ickllne. At this point, Mr. St,liar called attention to a communication from Victory Post No. 249 of The American Legion addressed to Mayor Dillard announcing a nationwide program by 7be American Legion to combat the anti-Vier Nam and anti- draft movements by a certain segment ef society known ns *Operation Show Your Colors," whereby millions of Americans will wear a small American Flag lapel pin to indicate their opposition to such *Anti* movements and to sho~ their support for metric,meats efforts throughout the M,rid, and particularly in Vier Nam, and trans- mitting the lapel pin flags to the members of Council with the expressed hope that they will be worn by the Councilmen in support of the program. Mayor Dillard distributed the pins to the members of Council. BEARXNG OF CXTXZEN5 UPON PUBLIC MATTERS: ZONING: Council having previously set a public hearing for 7:30 p.m** Monday, December 6, 1965, on the request of MF. Robert R. Bowers, et al** that a 1.66-acre tract, a 3.07-acre tract and a 2.60-acre tract of land located on the southeast side of Tenth Street, N. W** between Hiilcrest Avenue and Round Avenne, described as Official Tax Nos. 2070222, 2070223 and 2070239, be rea,ned from General Residence District to Special Residence District, the matter mas before the body. In this connection, the following communication from the City Planning 475 476 'November 4, 1965 The Honorable Benton O. Dillard, Mayor and Members of City Council City of Roanoke, Yfrginie Gentlemen: During its regular meeting of November 3, 1965 the City Planning Commission considered this renooing request. Mr, T. L. Pluukett, Jr., attorney representing the petitioner, presented a site plan shaming a proposed 146 unit apartment development for the subject property. He noted that the petitioner mould provide I 1/2 parking spaces per unit and a 104 foot setback from the existing pavement of Tenth Street to allow for the eventual uideaing of Tenth Street. Mr. Plunkett further stated that the proposed development moald be compatible Mlth the surrounding properties. Upon discussing the feasibility of this request nod oil pertinent factors of load use plaunfag, the City Plaooiog Commission con- cluded that the proposed use of land for:apartment structures is feasible, appropriate, and in keeping with good land use practices. It mas also noted that the proposed zoning map tar the City of Roanoke already shams multi-family rezoning of a majority of the subject property. The City Planning Commission, therefore, recommends to City Council that this request be granted. Sincerely yours, S/ Dexter H, Smith Henry B. Boynton Mr. T. L. Plunkett, Jr., Attorney, representing the petitioners, appeared before Council in support of the request of his clients. No one appearing in opposition to the request for renaming, Mr. Wheeler moved that Council concur in the recommendation of the City Planning Commission and that the folloming Ordinance be placed upon its first reading: (~1676B) AN ORDINANCE to amend and reenact Title IV, Chapter 4, 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 to have property located on the southeast side of Tenth 5treat, N. W., to Hillcrest Avenue and Round Hill Avenue, consisting of a 1.65 acre tract and a 3.07 acre tract, and s tract of 2.60 acres on the northwest side of Lyndhurst Street, designated on Sheet 207 of the Zoning Map as Official Tax Nos. 2070222, 2070223 and 2070239, rezoned from General Residence District to Special Residence District; and WHEREAS, the City Planning' Commission bas recommended that the hereinafter described land be renamed from General Residence District to Special Residence District; and WHEREAS, notice required by Title XV, Chapter 4, Section 43, of The Code of the City of Roanoke, 1956, relating to Zoning, has been published in "The Roanoke World-News** a nenspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice was held on the 6th day of December, 1965, at 7:30 p,m,, before the Council'of the City of Roanoke, at which hearing all parties in interest and citizens mere given an opportunity to be heard both for and against the proposed renaming; and RBEREAS, this Council, after considering the evidence presented, is of the opinion that the hereinafter described laud should be renamed. TH~RE£ORE, BE IT ORDAINED bi the Council of the Clt7 of Hoanohe that Title IV, Chapter 4, Section 1, of The Code of the City of Roanoke, 1956, relating to Zoning, be amended iud reenacted in the follouing particular and ua other, viz.: Property located on the southeast side of Tenth Street, N. M., to Hillcrest Avenue and Round Bill Avenue, consisting of a 1.66 acre tract and a 3.0T acre tract, and n tract of 2.60 acres on the northwest side of Lyndhurst Street. designated on Sheet 207 of tho Zoning Hap as Official Tax Nos. 20?0222. 20?0223 and 2070239, be, and is hereby, changed from General Residence District to Special Residence District and the Zoning Hap shall be changed in this respect. The motion mas seconded by Hr. Pollard and adopted by the following vote: AYHS: Messrs. Garland. Jones, Pollard. Pond, Stoller, Mheeler and Rayor Dillard ................................... T. NAYS: None ........................... O. PETITIONS AND COMMUNICATIONS: ZONING-STATE HIGHWAYS: A Resolution of Roanohe Junior Chamber of Commerce, Incorporated, pointing out that both the current and proposed Zoning Ordinances mould preclude marring of any additional areas of land bordering Interstate SO1 with billboards and commercial outdoor advertising by business not located along the spur. that there is now a suggestion before Council to revise the proposed zoning laws so us to permit outdoor advertising and billboards in industril development districts along Interstate SBI, end advising that the Roanoke Jnycees favor the passage of the proposed Zoning Ordinance uithout any relaxation of prohibitioos against billboards and outdoor advertising in the industrial developmen districts along Interstate Spur $61, was before the body. Mr. Mheeler moved that the Resolution be received and filed. The motion was seconded by Mro Jones end unanimously adopted. DRPA.RTMENT OF PUBLIC MELFARE-SCHOOLS: A communication from M~. J. M. Lee Chairman of the Board of Directors of the Gainsboro Nursery School, advising that doe to circumstances beyond its control the Uainsboro Nursery School Hill be closed and expressing the appreciation of the Hoard of Directors for the very generous support of Council over a period of thirty years, was before the body. Mr. Stoller moved that the communication be filed and that the City Clerk be instructed to express to the Board of Directors the appreciation of Council for the services of the Board nith regard to the operntion of the Gainsboro Nursery School. The motion nas seconded by Mr. Mheeler and unanimously adopted. BUDGET: A communication from Mayor Benton O. Dillard, advising that he has appointed, subject to the approval of Council, Messrs. M. T. #$tktns, Richard E, Martin, Robert M. Moody and J. T. Hopkins, Jr., as members of the 1966-67 Budget Commission, was before the body. 477 '478 Mr. iheeler moved chit Council cancer ia the eppoletmeete lad offered tie following Resolution: (u16769) A RRSOLUTION reletiig to the uppolutmelt of meubere of tke City's Budget CollilliOl. (For fall tezt o! Resolution. Vel Resolution Book No. 29, page 1~ Mr. Mheeler loved the adoption of the Resolution. The lotion use seconded by Hr. Stoller end nd,pied by the f,Il,ling vote: AYES: Messrs. Garland. Jones. Pollerd. Pond. Stoller. Rheeler end #ayor Dillard ......................................... ?. NAYS: Nooe ...........................O. REPORTS OF OFFICERS: BUOOET-PARKS AND PLAYGROUNDS: The City Manager subuitted u written report advising that additional donations in the total amount of $3,477.55 rot the Riley Drive fountain have been received, and recommended that this amount be appropriated to the lgb$-Gb budget. Mr. St,lieF moved that Council concur in the recoumendatioe of the City Manager and offered the f,Il,win9 emergency Ordinance transferring $3.477.55 from the Contingency Food: (UlG??O) AN ORDINANCE to amend and r,ordain Section u166, 'Contingencies.' and Section Ul?O. 'Ca pitul,' of the 1965-66 Appropriation Ordinance. and providh9 for un emergency. (For full text of Ordinance, see Ordinance Book NO. 29, page l.) Mr. St,lief moved the adoption Of the Ordinance. The motion was seconded Mr. Pond and adopted by the f,Il,ling vote: AYES: Messrs. Garland. Jones, Pollard, Pond, St,lief. Wheeler and Muy~ Dillard .......................................... 7. NAYS: None ............................ O. STREET LIGBTS-STATE HIGBWAYS: CouncJlhavin9 previously adopted a Resolution advising the Virginia Department of Bighunys that if the plans for the construction Of the current State Route No. 24 Project and for the proposed new Ell Avenue Bridge and approaches be made to provide for lighting conduits and pull boxes in the proposed new bridge structure and its approaches, over and under said structure, the City Of Rouno~e agrees to provide proper street lighting consistent with other street lighting in the city for the reeainder of Elm Avenue. S. E., 'included within said project, ut the same time and at no oddJtiona! cost to said project or to the state, the City Manager submitted · written report, transmitting an estimate from the Appalachian Power Company in the total amount Of $31,066.00 for the lighting program, and recommended that the proposed lighting program he approved end that the Virginia Department of Highways be requested to include said program into tt existing plums for the Route 24 project, at project cost uith the understanding that the city will pay:fifteen per cent of the actual cost of such improvements. Nv. St,lief moved that Council concur in the reconneudstlon of the City Rsuager mod offered the f,Il,ming Res,lull,o: (Xl6??l) A RESOLUTION approving n proposed lighting program to be accomplished in connection uith the City's Route 24 Project; and directing that request be nude that the sane be incorporated into the Plans for the Route 24 ProJect at ProJect cost. (For full text of Resolution. see Resolution Book ~o. 29. page 2.) Mr. St,lieF u,red the adoption of the Resolution. The notion mos seconded by Mr. Pond and adopted by the following vote: AYES: Resets. Garland. Jones, Pollard, Pond, Stoller. Wheeler and Mayor DJ]lord ................................................ NAYS: None ..................................O. MILITARY COMPANIE$-MA~ER FIELD: The City Reneger n~bnitted · uritten reps] culling attention to the fact that the lease of tho Gaited States G,var,meat on the ~avul Reserve Truinin9 Center site at ~aher Field Will expire on Mr. Pollard u,red that the report be received and filed until such time os u request for a new or renewed lease is received from the United States Government. The motion nas seconded by Hr. Pond and unanimously adopted. S£RERS AND STORM DRAINS-S'FATE HIGHUAYS: The City Manager submitted a written report recommending that he be authorized to enter into an agreement with the Virginia Department of Highways relative to the relocation of sanitary sewer nuinn in connection with the Interstate Spur 581 project between Wlllianson Road and Elm Avenue, S. E., and to the recovery by the cit~ of engineering expenses in the amount of $515.33. Mr, Pond moved that Council concur in the recommendation of the City Ranng~ and offered the following Resolution: (miD??2) A RESOLUTIO~ approving and authorizing the relocation of certain sanitary sewer msi~; and authorizing the City Manager to enter into agreement on behalf of the City with the Virginia Department of Highways relative to the reloca- tion of said s~oitory sewer mains and to the Cltyes recovery of certain engineering expenses. (For fail text of Resolution, see Rea,Inflow Book No. 29. page 3.) Mr. Pond moved the adoption of the Resolution. The ~otion nas seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Pond, Stollev. Wheeler and Mayor Dillard .......................................... 7. NAYS: None .........~ .................. O. STATE HIDHNAYS: The City Manager submitted a written report recommending that Council authorize the acquisition of Parcel No. 016 from Mary Stewart Goens ' Galliund, et al., needed in connection with the constroction of Virginia State Rot~ Sgg, for the Sun of $7,?00. Mr. Stoller moved that Council concur in the recommendation of the City Manager and offered the folloniog emergency Ordinance: 479 48o (ulG??3) AN ORDINANCE outhorlxlng the acquisition of · merrell parcel of lard needed for the CJty*s State Roet~ No. S99 Project. upon certain terms and c,adiOS,ual fid providing for on emergency. (For full text of Ordinance. see Ordinance Book No. 29. page 4.) mr. St,lief moved the sd,pilau of the Ordinance. The motion wes secoeded hy Mr. Pollard and adopted by the r,Il,ming vote: AYES: Measrs. Garland. Jones, Pollard. Pond, St,lief. Nheeler and Mayor Dillard .......... ~ .............................. 7. NAYS: None ....~ ...................... O, ZONING: Council having referred to the City Plan~ing Commission for' study, report and recommendation the request of Dr. Lawr~n~el~. Paxton. et mx.. that )r,petty located on the northmest corner of Rugby Boulevard and Tenth Street. N. W.. described aa Lots 20 and 21. Block B, Rugby Land Corporation. Official Tax Nos. 2231520 and 2231521. be fez,ned from General Residence District to Special Residence District. tbe City Plannin9 Commission submitted o uritten report recommending that the request be granted with the condition that a twenty-five foot setback from the existing right of ~ay of Tenth Street be observed. In this connection, a petition signed by tmelve home owners and/or residents in the immediate area. opposing the fez,ming, mas before Council. Mr. Jones moved that the petition be received and filed. The motion was seconded by Mr. Nheeler and unanimously adopted. Mr. St,lief.then moved that n public hearing On the matter be held at 7:30 p.m., January 3, 1966. The motion Has seconded by Mr. Wheeler and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study report and recommendation the request Of Mr. LeJgh Bartin that t~ northmest corner o~ a 5.25-acre tract Of land located on the south side of Braadon Avenue, S. Wa, west of Langdcn ~oad, Official Tax No. 1620102, be Fez,ned from General Residence Distrlcl to Business District, the City Planning Commission submitted a written report. recommending that the request be denied. In this connection, a communication from Mr. Stuart ~. Barb,ur, Jr.. Attorney,'representlng the petitioner, requesting u public hearing on the matter, ua before Council. Mr. St,ilar moved that a public bearing on the matter be held at 7:30 p.m. January 3, 1966. The motion mas seconded by Mr. Pollard and ananimously adopted.' ZONING: Council having r~ferred to the City Planning Commission for study report amd recommendation the request of the H-D Corporation that a O.9~-acre S. No, Official Tax No. 1300116, he fez,ned from General Residence District to Special Residence District, the City Planning Commission submitted the foll m lng 'Recember l, 1965 Th8 Hooorsble Denton O. Dillsrd, Hsyor nnd Hewbers of City Council City of Roi·abe, Virginia Gestlemen:: During its regul·r weetisg of December 1, 1965 the City Plsnnisg Colmission considered the request of H-D Corporstion, os presented by the petitlo·er*s otZar·ay, ir. S%·srt A. Dsrbour, Jr. flsrbosr presested · site pisa for · proposed five slaty spsrtoent building with 36 dwelling units, He further noted thst the proposed building mould he 48 feet 1· height wJlh 46 off-street parking npaces. The cleJm uss aide that the proposed development was enltsble to the site locution. Two neighbors oppo'sed the rezoning by contending that the proposed apartment development would provide an excessive density, create trsfric smd pithing congestion, sllow I building height not suited to aurroundingproperties, depress surrounding property values, and be contrary to both the existing ·nd proposed zoning urdlnnnces. Upon discussing this request and all pertinent fsct0ra of loud use planning, the City Planning Commission concluded that the proposed Special Residence District wsa sot in beeping with good land use planning practices. The commission noted thst the height and density proposed was excessive for the subject property. The City Planning Commission, therefore, recommends to City Council that this request be denied. Sincerely yours, S! Dexter N. Smith Henry D. floynton Chairman" In tbia connection, n communication from Mr. Stuart A. Barbour, Jr., Attorney, representing the petitioner, requesting permission to withdraw the petition for rezoning, was before Council. Mr. Stolier moved that Council concur in the request and that the petitions be granted permission to withdraw Re petition for rezoning. The motion was seconded by Mr. Wheeler and unanimously adopted. ZONING: The City Planning Commission submitted n written report, transmittin9 the resignation of Mr. Harold W. Hill from the Roanoke City Planning Commission, effective imm diately. Mr. Stoller moved that the resignation be accepted with regret and that the City Attorney be directed to prepare the proper measure recognizin9 the services rendered by Mr. Hill not only ns s member of the City Planning Commission, but other Commissions. The motion was seconded by Mr. Wheeler end unanimously adopted. REPORTS OF COMMITTEES; ANNEXATION-SEWERS AND STORM DRAINS: The committee appointed to tabulate bids received on the construction of a sanitary saner in the Edgehill Corporatim Subdivision west of U. S. Route 220 submitted the following report: *December 1, 1965 To the City Council Roanoke, Virginia Gentlemen: Rids were received and opened before City Council at its regular meeting on Monday, November 29, for'the construction of sanitary sewer to serve the Edgehill Corp. Subdivision. as shown by the attached tabulation of bids, five (5) bids were received with the apparent leu bid submitted by Aaron J. Conner, General Construction, Inc. of Salem. Yfrginin, in the amount of $16,6fl2.10. 481 482 The apparent lea bid ·ppears to be In order s·d the contractor ia co·tldered to be very acceptable For the proposed construction. The engiteerts eatlmate for thlslroJect las $24,S00. Funds h·ve bees appropri·ted lid ore ·veil·bin for the project. This cosatruc- tie· il to be dose at Clt~ Expe·ae in accord·nee mith the Annex·ties Order or lost year. It is hereby recommended that · contract be sn·rded to Aaron J. Conner, General Construction, Inc. in the sheens of $16,6R2.10. APPROVED: S/ Boy R, Poll~rd, Sr. Roy R. Poll·rd, St., Chairman APPROVED: S/ Julian F. Rivet Julian F. Rivet, City Manager APPROVED: S/ B. B. Thompson Bueford B. ThOMpSon Purchasing Agent# Mr, Pollard Moved that Council concur in the ~comn~dstion of the connittee sad offered the folio·lng emergency Ordinance: (=16774) AN ORDINANCE providing for the construction of certain public sanitar! sewer mains in £dgehlli Corporation Subdivision. east of Route 220, by accepting s certain bid made to the Cit~ therefor and anarding s contract thereon; rejecting certain other bids; and providing for an emergency. (For full text of Ordinance. see Ordinance Rook NO. 29. page S.) Nv. Pollard moved the adoption of the Ordinance. The motion wes seconded by Mr. Rheeler and adopted by the folloulng vote: AYES: Messrs. Garland, Jones, Pollard, Pond, Stoller, Mheeler and Mayor Dillard ......................................... 7. RATS: None ........................... STATE HIGHMAYS: The committee appointed W tabulate bids received on the demolition of buildings in connection with Highway Projects Route 24 and Route 599, submitted the following report: "December 1, 1965 To the City Council Roanoke. Virginia Gentlemen: Bids were received and opened before City Council at its regular meeting On Monday, November 29, for the demolition Of. buildings in connection nith Hlghusy Projects Routes 24 and 599 located On Elm Avenue, Dullitt Avenue, Jamisnn Avenue, 6th Street, 3rd Street, and 3~ Street, S. E. As shoun on the attached tabulation of bids, tho (2) bids were received with the apparent low bid be/ag submitted by Branch and Associates, lac. of Roanoke County in the sum of $1T,420.00. The proposed highway constructionwJll be advertised for bids on December B. Prior to the commencement of the highmay construction (approximately March 1) it mill be necessary that the right of may be cleared of nil building obstructions: that is the purpose of the sdbject bids. This moth mill be charged to the Route R4 and 599 Projects ns an eligible item of cost, and the City*s ultimate expense mill be fifteen percent (15~). The engineer*s estimate for this uork is $22,000.00. Subsequent to our advertisement of these bids, two (2) small structures ·ere sold through the City Purchasing Agent for the sum of $1.00 each. These structures are items 19 and 49 on our proposal sheet and can now be removed from the dem- olition project. The low bidder. Branch and Associates, Inc. has consented to the removal of these two buildings from his contract, thus saving $60.00. It Is hereby recommended that n contract be amerced to Branch and Associates, Inc. it the cum of $1T,360o00, Proper Stale Officials Rave reefemed the bid end found fl fm order, The con- tractor is considered very capable of handling the proposed garb. APPROVED: Sf Roy R~ Pollardr Srr Roy R'. Pollard, St** Chairman APPROVED: Sf Julian F~ Hiram Julian F. Hlrot, City Manager APPROVED: S! O, B. Thompson Bueford B. Thompson. Purchasing Agent' Mr. Pollard gored that Camm:Il coo:ur In the recegmendnlIoo of the committee and offered the folloming emergency Ordinance: (~16775) AN ORDINANCE awarding n contract for demolition of buildings in connection with the eonstraction of the Clty*a Route 24 and Route 599 Projects: accepting a bid eade to the City for the performance of said work and rejecting another bid therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 29, page 6.) Rt. Pollard moved the adoption of the Ordinance. The notion was seconded by Mr. Smaller and adopted by the following vote: AVES: Ressrs. Garland, Jones, Pollard, Pond, Smaller, Wheeler and Mayor Dillard ......................................... 7. NAYS: None ...........................O. GASOLINE: The committee appointed to tabulate bids received for furnishin, and deltre~Jng automotive gOaD]Joe lo the departments of the City of Roanoke for the period beginning January 1o 1966, and ending December 31, 1966, submitted the following report: "December 1, 196S To the City Council Roanoke, Virginia Gentlemen: Bids were opened and read before City Council at its regular meeting on November 29, 1965 for furnishin9 and deliverin9 Automotive Gasoline to various departments of the City of Roanoke for the period beginnin9 January 1, 1966 and endin9 December 31. 1966. American Oil Company submitted the lamest bid for supplying regular gasoline to the City Garage and Mater Department as follcns: City Garage Posted Consumer Tank Kagon Price $ .1740 per gallon Less Discount .0637 per gallon Net ~ .1103 per gallon Mater Department Posted Consumer Tank Magon Price $ .174D per gallon Less Discount .0560 per gallon Net ~ ,~,!180 per gallon Sinclair Refining Company submitted the lowest bid for supplying premium gasoline to the City Garage and Fire Department ns folloms: Posted Consumer Tank Magon Price $ .2040 per gallon Less Discount ~0655 ~r gallon Net $ .1385 ,per gallon 483 484 prices at Roanobe, ¥irgleJe. The 'FaDed Coaasmcr Tank Wagon Prices' ia effect Jt Roanoke, ¥1rglnic on date or deliver7 uJll prevail. The above discounts sill remain the sane throughout the year 1966, All prices are exclusive of State end Federal taxes. American Oil Compa'my .quoted a one percent discount rep payment mithin ten days free the date of eecb delivery of regular gaaoline to the City GeKnge; houever, the terms for payment ere Net iStb proximo on regul~ gasoline for the rater Oepertmemt. Sinclair Refining Coupsay quoted Net 15th proximo ns their terms for payment on premium gasoline for the City Garage end Fire Deportment. It is hereby recommended that the leu bids be accepted ns outlined in this letter. Respectfully eubuitted, CORRITTEK: S/ Roy R. Pollard, Sr. Roy R. Pollard, Sr., Chairman S! Julian F. HOrst Julian F. Dirat S! Bt B, Thompson Bueford B. Thompson" Mr. Pollard moved that Conncil concur in the recommendation of the committee and offered the follouing Ordinance: (~16776} AN ORDINANCE accepting the proposal of American Oil Company for furnishing regular grade gasoline to the City Garage end to the Mater Department for the calendar year 1966; accepting the proposal of Sinclair Refining Company for furnishing premium grade gasoline to the City Garage and to the Fire Oepertment for said calendar year; reJecting all other bids received for furnishing the City's aforesaid gasoline requirements; and providing for an emergency. (For fall text of Ordinance, see Ordinance Book NO. 29, ~ ge ?.) Mr. Pollard moved the adoption of the Ordinance. The motion mas seconded by MF. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Jones, Pollard. Pond, Stellar, Mheeler and Mayor Dillard ......................................... NAYS: None ........................... O. LEGISLATION-CITY CHARTER: Council having received the report of the 1965 Charter Study Commission at its meeting on November 1, 1965, and hnvtn9 taken the report under consideration in order that members of Council might have an opportunity to study same before holding a public hearing on the recommended changes t o the City Charter. e communicat ion from Mr. Thanes O. Rutherfoord, Ehairmnn of the Charter Study Commission, requesting that in order that necessary steps may be taken to insure presentation to the 1966 General Assembly of the recommended amend- meats Council establish the date of the public hearing on the proposed amendments set forth in the report of the 1965 Charter Study Commission and recommending that the public hearing be held on December 21, 1965, was before the body. Council indicating e desire to meet informally and decide mhich recommends ttons of the 1965 Charter Study Commission it wants to hold a public hearing on, Mheeler moved that the communication from the Charter Study Commission be filed. eld thet the request be tshen under conslderctloo. The motion IlS seconded by Mr, POld lcd uelllloesiy edopled. 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 aeasure authorizing the City Manager to fill certain vacancies in vcrJous municipal departments mince they are of On euergency nnture, he presented same; mhereopon, Mr. Fond offered the follouing Resolution: (u16777) A RESOLUTION authorizing the City Manager to employ certain personnel. (For full text of Resolution, see Resolution Rook No. 29, page 9.) Mr. Pond oared the adoption of the Resolution. The notion was seconded by Mr. Stoller end adopted by the following rote: AYES: Messrs. Garland, Jones, Pollard. Pond, Stoller, Mheeler and Mayor Dillard .......................................... 7. NAYS: None ............................O. BUDGET-PAY ~LAN: Council basin9 directed the City Attorney to prepare the proper measure rescind lng Resolution No. 15547. declaring it to be the sense of Council that, until further notice, no vacancies occurring in city personnel shall be filled except on recommendation of the City Manager with the prior consent of the body, he presented a Resolution repealing Resolution No. 15547 to the extent of the restrictions therein contained, but not ns to the policy of the body set out therein. Mr. Stoller indicating that he is willing to go alan9 with the compromise Resolution since it repeals procedure rather than the policy of Council, Mr. Garland offered tbs following Resolution: (~16776) A RESOLUTION repealing certain restrictions contained in Resolution No. 15547 adopted December 30, 1963, relating to the filling of vscnacie: (For full text of Resolution, see Resolution Boob No. 29. page 9.) Mr. Garland moved the adoption of the Resolution. The motion woe seconded by Mr. Jones and adopted by the following vote: A~ES: Messrs. Garland, Jones. Pollard. Pond, Stol/er. Wheeler and Mayor Dillard ......................................... 7. NAYS: None ...........................O. ACTS OF ACKNOMLEDGMENT: Council hnvin9 directed the City Attorney to prepare the proper measnr~ recognizing the naming of Mr. Donnld'L. Jordan ns Chairman of the Board of th~'National Association of M3nufncturers, he presented same; whereupon, Mr. Wheeler offered the following Resolution: (~16779) A RESOLUTION relating to DONALD L. JORDAN, {For full text of Resolution, see Resolution Book No. 29, page 10.) 485 '486 NF. Wkeeler moved the adoption of the Res*lotion. The notion uae seconded by Hr, Pond mud od*pled by the roll*ming vote: AYES: Neosro, Garland, Jones, Pollard, PUado St*lief, Wheeler and Mayor Dillard ......................................... T. NAYS: None ........................... O. In this connection, Hr. Jones pointed out that there are other natives Renu*k* who have achieved not'laBel and international acclaim end that he thinks it mould be ver~ appropriate to hove painted portraits of these people placed in the Roanoke Public Library. Mr, Wheeler moved that the matter be referred to the City Wannger to compile a list of such persons and to subuit the list to Council for its considera- tion. The motion nos seconded by Mr. St*Ilar and unanimously adopted. STADIUM: Council having directed the City Attorney to prepare the pr*gar measure urging the continuation of the annual Thanksgiving Day Y.PoI. - football gan* al Victory Studlum, be presented same: ~bereupon, Mr. Wheeler offered the following Resolution: (~16760) A RESOLUTION urging the continuation of the annual Thanksgiving Day ¥. P. I. - V. M. I. Football Game at Victory Stadium. (For full text of Resolution, see Resolution Book No. 29. page 11.) Mr. Wheeler moved the adoption of the Resolution. The motion nas seconded by Mr. Jones and adopted b~ the follouin9 rote: AYES: Messrs. Garland, Jones, Pollard, Pond, St*lieF, Wheeler and Mayor Oillard ......................................... 7. NAYS: None ........................... O. MOTIONS AND RISCELLANEOUS BUSINESS: LEGISLATION: Mayor Dillard presented a communication from the local representatives in the 1966 General Assembly, suggesting their availability for an informal conference with Council prior to the meetin9 of the Legi'slnture which wi convene on January 12. 1966. Mr. Wheeler moved that the communication be filed and that Council arrange an informal conference with tho local representatives in the near future. The · otioa was secmnded by Mr. Stoller and nnanimous]~ adopted. On motion of Mr. Wheeler, seconded by Mr. Pond and unanimously adopted, the ueetin9 nas adjourned. APPROVED ATTEST: COUNCIL, REGULAR mEETING, Movday, December 13, 1965, The Council of the City of Roanoke wet in regular meeting It the Council Chamber in the Municipal Building, Monday, December 13, 1965, at 2 p.m** the regular meeting hour, ulth Mayor mallard presiding. PRESEr~r: Councilmen Robert A. Garland, Roy R. Pollard, Sr., Clarence Pond, Murray A. Stoller, Vincent S. Mheeler and Mayor Benton O.Billard ............ AHSENT; Councilman James E. Jones OFFICERS PRESEA*F: Mr. Jvlian F. Hlrst, City Manager, Mr. James N. Eincanon, City Attorney, and Mr, JoRobevt Thomas, City Auditor. IN¥OCAT/O~: The meetlvg was opened with a prayer by the Reverend E. Thom Murphy, Jr** Assistant Pastor, Greene Memorial Methodist Church. MINUTES: Copy of the minutes of the regular meeting held aa Monday, November 6, 1965, having been fmrnisbed each member of Council, on motion of Stoller, seconded by Mr. Pond avd unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS CPO~ PUBLIC RATTERS: SERERS AND STORM CRAINS: Pursuant to notice o[ advertisement for bids on the construction of a sanitary sewer from the existing Lick Run trunk live to the vicinity of the Intersection of Hershberger Road end Route 581, said proposals to be received by the City Clerk until 2 p.m., Ronday, December 13, 1965, and to be opened at that hour before Council, Mayor Dillard asked if anyone hvd any questions about the advertisement, and no representative present raising any quentin the Mayor instructed the City Clerk to proceed with the opening of the bids; mhere- upon, the City Clerk opened and read the following bids: D. S. Blount - $ 31,671.25 Bryant*s Plumbing and Heating Company - 38,210.00 Aaron J. Conner, C,naval Contractors, Incor- porated - 42,266.20 Hodglns and Pace - 44,312o50 Mr. Stoller moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council, the City Attorne to prepare the proper measure in accordance with the recommendation of the comwitte The motion was seconded by Mr. Pollard and unanimously adopted. Mayor Dillard appointed Messrs. Murray A. Stall,r, Chairman, Julian Hlrst and D, Cletus Broyles, as members of the committee. PARES AND PLAYGROUNDS-STATE HIGDRAYS: Pursuant to notice of advertisemen! for bids on the construction of the proposed spur from RIMe Ridge Parkway to the top of Rill Mountain, said proposals to be received by the City Clerk until 2 p.m., Monday, December 13, 1965, and to be opened at that hour before Council, Mayor Dillard 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; ah,r,upon, the City Clerk opened and read the following bids: 487 488 Brooch and Associates, Incorporated $ Albert Brothers Contractors, lncorpornted $8,~69.00 D. S, Bloust 59,435,50 Adams Construction Compnn! 65,0T0.00 Mr. Smaller moved that the bids be referred to n committee to be appointed by the Mayor rot tabulation, report nnd recommendation to Council, the City Attorne to prepare the proper measure in accordance ultb the recommendation er the committe The motion was seconded by Mr. Pond and unanimously adopted. Mayor Dillard appointed #easts. Hurray A. Smaller, Chairman, Julian F. Birst and H. Cletus argyles as members of the committee. CITY MARRET: Pursuant to notice of advertiseoent for bids on the removal of an ammonia compressor, oil separator and accessories at the City Market, and the furnishing and Installing of aneu ammonia compressor, two oil separators and accessories, uith an alternate bid on Inrnishing nad installing one suction accumulator, said proposals to be received by the City Clerk until 2 p.m., Monday, December 13, 1965, sad to be opened at that boar before Council, Mayor Dillard asked If anyone bed any questions about the advertisement, end no representative present raising any question, the Mayor instructed the City Clerk to proceed math the opening of the bids; whereupon, the City Clerk opened and read the following bids: Bidder Amnunt Alternate Carl H. Ressler - $ 9,327.68 $ 1,150.00 Mhitescarver Engineering Company, Incorporated - 9,428.00 1,423.00 Mr. 5toller moved that the bids be referred to a committee to be appointel by the Mayor for tabulation, report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of the com- mittee. The motion mas seconded by Mr. Mheeler and unanimously adopted. Mayor Dillard appointed Messrs. Murray A. 5toller, Chairman, Julian F. B~st an B. Cletus Broyles as members of the committee. BBID6E$: Council haying referred the matter of constructing a low-mater bridge at Buzzard Rock Ford to 1965-66 budget stody, and having declined to include $20,000 in the 1965-65 budget for this purpose, but having referred the question to the Capital Improvements Committee, Mr. Roy #, Dalton appeared before the body and presented a communication, transmitting plans for widening the existing Buzzard Rock Ford Bridge, and requested that this be done rather than constructing a water bridge in the vicinity of the Buzzard Rock Ford Bridge as originally proposed. Mr. Pollard moved that the matter be referred to the City Manager for investigation and report to Council. The motion was seconded by Mr. Pond and unanimously adopted. ANNEXATION: At this point, Mr. 5toiler moved that Council take up out of order a Resolution authorizing the institution of proceedings for a declaratory judgment velotingto certain controversies arising out of certain sewage trans- mission and treatment agreements heretofore entered into by the City of Roanoke and orders of annexation becoming effective thereafter. The motion was seconded by Mr. Mheeler and unanimously adopted. #r. Stoller then offered the folloming Resolution: (~16781) A RESOLUTION authorizing the lestltetinu of proceedings for a declaratory Judgment relating to certain controversies arising out of certnfe seuage transmission end treatment agreements heretofore entered into by the City end orders of annexation becoming effective thereafter. (For full text of Resolution, see Resolution Rooh No. 29, page 13.) Nv. Stoller moved the odop%lon of the Resolution. The motion mss seconde by Hr. Rheeler nnd adopted by the follouing rote: AYES: Messrs. Garland, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ................................... NAYS: None ......................O. {Mr. Jones absent) PETITIONS AND COMMUNICATIONS: TELEVISION: A communication from Mr. Kenneth Lyons, Newton, Massachusetts advising that he is interested in bidding on the construction of a community antenna television system in the City of Roanoke in the event Council decides to request bids. therefor, nas before the body. Mr. Stoller moved that the communication be referred to a committee composed of Messrs. Vincent S. Nheeler, Chairmen, Clarence K. Pond and Roy R. Pollard, Sro, in connection with its study of the question of permitting the con- struction of a community antenna television system la the City Of Roanoke. The motion was seconded by Mr~ Pollard and unanimously adopted. STADIUM: A Resolution of Roanoke Jnnlor Chamber of Commerce, Incorporated requesting that Council seek the assistance of V.P.I. and V.M.I. alumni in the Roanoke area in an effort to prevent any alteration of the date and site for the annual Thanksgiving Day V.P.I. - V.M.X. football game, was before the body. Hr. Pollard moved that the Resolution be filed and that the City Clerk be instructed to forward to the Junior Chamber of Commerce copy of Resolution No. 16780, urging the continuation of the nounal Thanksgiving Day V.P.I. - Y.i.I. football game at Victory Stadium, as adopted by Council on December 6, 1965. The motion was seoonded by Mr. $toller and unanimously adopted. BONDS-CITY YRRASURER: A communication from Mr. J. H.' Johnson, City Treasurer, advising that his city bond expires December 31, 1965, and requesting that Council fix the amount of the bond as reqaired for the next four years mas before the body. In this connection, Mayor Dillard pointed out that the question of purchasing a bond for the City Treasurer was referred to a committee composed of Messrs. Robert A. Garland, Chairman, Benton O. Dillord, Roy R. Pollard, Sr., Bm*ford B. Thompson and Jack B. Coulter for study, report and recoumendation to ,Council. Mr. Garland explaining that an Investigation sbo#ed that the premiumsmith other companies ere the same, Mr. Stoller moved that Council concur Je the request of the City Treasurer and offered the following Resolution: 489 .490 ('16T02) A RESOLUTION prescribing the amount of the bond of. the Treasurer of the City or Ronnoke and approving the surety thereon, (For full text of Resolution, see Resolution Rook No. 29, page 13,) Mr, Stoller waved the adoption of the Resolution. The motion was seconded by Hr. Mbeeler and adopted by the follouing vote: ATES: .Messrs. Garland, Pollard, Pond, Stoller, Rbeeler and Mayor Dillard .................................. 6. NAYS: N,ne ....................O, (Rr. Jones absent) REPORTS OF OFFICKRS: RODDET-LIBRARIES: The City Manager submitted a mritten report, recom- mending that $350 be transferred to cover Travel Expenses of oat-of-town applicnnts for the position of Director of Libraries. Rr.,Stoller moved that Council concur in the recommendation of the City #manger and offered the following emergency Ordinance: (Zl6?B3) AN ORDINANCE to amend and reordain Section ~121, 'Libraries** and Section ~166, 'Contingencies." of the 1965-66 Appropriation Ordinance. and providing for an emergency. (For full text of Ordioance, see Ordinance Book No. 29, page 14.) Rt. Stoller moved the adoption of the Ordinance. The motion.was seconded bT Mr. Garland and adapted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Stoller, Mheeler and Mayor Lillar~ ..... ~ ..........................6. NAYS: None ....................O. (Mr. Jones absent) BUDGET-PAY PLAN-CITY MARKET: Councilhaving concurred in the appointment by the City Manager of Mr. Donald R. Nolen as Clerk of the Market, effective November 15, 1965, the City Manager submitted a written report, recommending that the salary of Mr. Nolen be fixed at $450 per month as of the date of his appoint- ment. Mr. Nheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (;167B4) A RESOLUTION fixing the salary of the Clerk of the Market. '(For full text of Resolution, see Resolution Book No. 29, page 15.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded by Mr. Stoller and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Stoller, Nheeler and Mayor Dillard .................................6. NAYS: None ................... O. (Mr. Jones absent) pURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: The City Manager submitted a written report, transmitting the following report from the Director of Public Marks the Director of Parks and Recreation and the Director of City Planning, with reference to applying for federal funds in connection with the acquisition of land and development of Strauss Park, and recommended that Council concur in the recom- mendation Of the committee: "DATE: December 7, 1965 TO: H~. Julian F, Hlrst, City Hnnager FROM: Director of Public Moths, Director Paths and Recreation nad Director of Planning Oa March H, 1965, City Council by Resolution No, 16315 authorized that application be mlde for Open Space Fends in connection with Strauss Path, The total awoaat for the land acquisition wis given et $42,750 with Federal participation indicated to be $12,795, leaving the City's participation at $29,955. There was included in the 1965-66 Gadget aa item of $4,500 for tennis charts and na ltew of $14,000 for a park shelter that was liter deleted, since the City did not have title to the lnnd, bat we believe that It was the general feeling of Colacil that this item would be restored after the lnnd wes acquired sowetime during this fiscal year. The total nnouat of the three items listed above, namely; City's part Of the land acquisition, the tennis courts and the parh shelter would aeouat to $40,455, Recently there hms been passed · neu Federnl law that Bakes 1~ possible for localities to acquire Open Space land and to develop same ga the basis of 50 percent Federal participation and 50 percent City participation. In light of this new program a series of conferences have been held between the three'Department Reads signing this report, in aa effort to formulate an overnll and complete development for the Strauss Perk. Attached is a break- down of the various items aou proposed to be included ia the City's application for Federni participation. Also, attached is n plan of Strauss Path showing the proposed development. The total amount of the Project is $106,500 with the City's SO percent amounting to $S3,250. This represents $4,79S more than was originally anticipated to be spent by the City on this park. The proposal as herein recommended will give the City an excellent park layout, fully and completely developed, that will serve a vital need in a fast growing area and will be a real credit to the City. A draft of a proposed Resolution in the form suggested by the House and Home Finance Agency has been turned over to the City Attorney to put la final form for Council's consideration. Mr. Strauss, the owner of the 10 acres, is very anxious to reach settlement with the City on the land to be purchased from him. understand that Council may be committed to purchase this land from Hro Strauss. Me recommend that City Council be requested to pass the necessary Resolution to include the proposal herein submitted. S! Ht Cl~tus Brovles H. Cletus Broyles Director of Public Horks S/ Rex T, Mt~ghell. Jr Rex T. Mitchell, Jr. Director of Parks and Recreation S/ Dexter N. Smith Dexter N. Smith Director of City Planning" Mr. Stoller moved that Council concur in the recommendation of the City Hanager and offered the following Resolution: (~16765) A RESOLUTION authorizing and directing the filing of applicattol for grant to acquire and develop certain open-space land. (For full text of Resolution, see Resolution Hook No. 29, page 15.) Hr. Stoller moved the adoption of the Resolution. The motion uas seconde, by Hr. Garland and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Stoller, Hheeler and Mayor Dillard .................................. NAYS: None .................. O. (Mr. Jones absent) 491 492 GARDAGK EEMOYAL-PARKS AND PLAYGROUNDS: The City Manager submitted written report, transmitting o report from the Director of Public moths with regard to application for federal funds in connection mltb the acquisition of land for the East Gate Perk. and recommended that Council concur in the recommendation of the Director of Public Movks: UDATE: December 70 1965 TOt Mr. Julian F. Rirst, City Manager FROM~ Mr. R, Cletus Droyles, Director of Public Works In connection mith the East Gate Park Open Space application, it mill be necessary to amend Resolution No. 16610, dated August 30t 1965 pertaining to this same subject. Tho Resolution must be changed to cover statements to the effect that undeveloped Open Space land is not available:in the immediate area and that there is land available in'the community for those families to be displaced. Also, there are several other governmental type clauses that must be Included in the Resolution. It is now possible for legal and appraisal costs to be included in the Open Space program, an amount estimated to be $S, lSO, therefore, for the City to take advantage of this cost It will be necessary for the totals In the original Resolution be changed to cover these liens. The new figures as amended mill be: City's share $29,625 Federal share 31.97S Total cost of Project The Federal Government will pay the entire cost of relocation for persons displaced. This item is estimated to be $2,150.Oo and is incluoed in the $31,975 shown above. (Federal share) A draft of the proposed Resolution in the form suggested by the Rousing and Rome Finance Agency has been turned over to the City Attorney to put in final form for Council consideration. Xt is recommended that the changes indicated above be made and that a ne~ resolution be passed by Council in accordance therewith. S/ R. Cletus Brovl~s R. Cletus Broyles Director of Public Works* Mr. Mheeler moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (#16786) A RESOLUTION authorizing and directing the filing of applicatiot for grant to acquire and develop certain open-space land. (For full text of Resolution, see Resolution Rook No. 29, page '16.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Stoller, Wheeler and Mayor Dillard ................................ NAYS: None ................... O. (Mr. Jones absent) POLICE DEPARTMENT-FIRE DEPARTME~: The City Manager submitted the follow- ing report with regard to changes in personnel of the Police Department and Fire Department for t'he month Of November, 196St 'Roanoke, Virginia December 13, 1965 To the City Council Roanoke, Virginia Gentlemen: Listed below is the status of the police end the fire depart- ment es of November 30, 1965: *Police Department *There mere no appointments or resignations ia the police depermen, t during November, 1965.* trite Department 'During the month or November 1965 the following personnel changes occurred fn the fire department: Resigned: Fireman Thomas V. Johnson Reployed: Nelson D. Reed Robert E. Jones, Jr. *There wes one vacancy in this department at the end of November 1965.' Respectfully submitte~, S/ Julian F. Rirst City #manger' Hr. Stoller moved that the report be received and filed. The motion mas seconded by Hr. Pond and unanimously adopted. STATE HIGHRAYS: The City Attorney submitted the following report recom- mending that Council authorize the acceptance of certain awards made by comulssionel in condemnation proceedings brought for the acquisition of Parcel Nos. O46. 047, 046, 049, 060 and 085 la connection with the improvement and construction of Virgini State Route 24: "December 9, 1965 TO the Honorable Rayor and Members of the Council of the City of Roanoke Gentlemen: Awards made by Court-appointed Commissioners in certain condemnation proceed- fags very recently tried in the Court of Law and Chancery have resulted, in the cases hereinafter noted, in awards to respective property owners of amounts somewhat larger than those previously authorized to be paid into Court for said properties. A summary of the trihl of five recent cases, involving six-numbered parcels, is as follows: Commas- Difference- City*s signers" Additional Parcel Owners Offer Awards Cgst 046 Lavernla M. Lee ~ Sheen Lee $ 4435 $ 5600 $1165 047 Rrs. Renu Bradley, widow, et al. 2075 3250 375 046 ~ 049 Jessie ~ay Deel 7051 6600 1549 060 L.R. ~ Ella C. Barbour 3017 3100 83 085 Leigh P. ~ Virginia H. Huff 26699 30000 3301 Total Difference $6473 Upon review of the facts involved in each instance, the City Manager is recom- mending to the Department of Highways and to the Council that the awards of commissioners as above summarized be now concurred in by both agencies, the con- currence of the representatives of the Department of Highways having been verbally assured. Acceptance by the City of the awards made by the commissioners will necessitate the City"s payment into Court of additional sums aggregating $64?3, as above indicated. There Is transmitted herewith for your consideration a resolution by which the City uould, likewise, concur with the above-stated awards of commissioners and would authorize payment into CoUrt of the additional costs set out opposite each of 493 494 the aforesaid properties; nad it is recommended by the undersigned, with of the City Manager, that this measure be adopted,' ecncurrenc .SI J. N. Kincanon City Attorney* Mr. Stoller mated that Council concur Jo the recommendation of the City Attorney and offered the following Resolution: (m16787) A RESOLUTION authorizing the acceptance of certain awards made by commissioners in condemnation proceedings brought for the acquisition of Parcel Nos. 046, 047, 040 end 049, 060 and 065, being acquired rot the City*s State Route Ho. 24 Project. (For full text of Resolution, see Resolution Bach No. 29, page Mr. Stoller moved the ado'priam of the Resolution. The motion wes seconde~ by Mr. Pond and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .................................. NAYS: None ....................O. (Mr. Jones absent) STATE HIGHWAYS: The City Attorney submitted the following report recom- mending that Council authorize the acceptance of certain awards made by commissioner in condemnation proceedings brought for the acquisition of Parcel Nos. 025 and 035 in connection math the improvement and construction of Virginia State Route 24: "December 9, 1965 To the Honorable Mayor and Members of the Council of the City of Roanoke Gentlemen: Awards made by Court-appointed commissioners in certai~ con- demnation proceedings very recently tried in the Court of Law and previously authorized to be paid into Court for said properties. Commas- Difference- City*s sioners* Additional Parcel Owners Offer Awards Cast 025 Harry T. Hartman, et ux. $4600 $5500 $900 035 M.C. Haga 76 200 124 Total Difference $1024 Upon review of the facts involved in each instance, the City Manager is recommending to the Department of Highways and to the sentatives of the Department of Highways having been verbally assured. Acceptance by the City of the awards made by the commis- sioners will necessitate the Cltyts payment into Court of additional sums aggregating $1024, as above indicated. There is transmitted herewith for your consideration u reso- lution by which the City would, likewise, concur with the above- Court of the additional costs set out opposite each of the aforesaid properties; and it is recommended by the undersigned, with con- currence of the City Manager, that this measure be adopted. la condemnation proceedicfa hrocght to acqoire Parcel 009, the property of #rs. A. E. Rife° ccd others° ccd for which the City had previously paid leto Court the scm of $3900° com- of that parcel. S/ J, N, Riacanon City Attorney~ Attorney and offered the folloulag Resolution: (u16760} A RESOLUTIO~ authorizing'the acceptance of certain awards made by commissioners In condemnation proceedings brought for the acquisition of Parcel Nos. 02S and 035. being acquired for the Ctty*s State Route ~o. 24 ProJect. Dillard .................................. 6. 'December 10, 196S Commis- Difference- 040 Josephine L. Showalter $16OO $2500 $700 above indicated. There is transmitted herewith for your consideration a S/ J. ~. Klncanon 495 496 Mr, Stoller moved that Council ooaour ia the recommendation of the Attorney and offered.the folloming Resolutioa~ (#16789) A RESOLUTION authorizing the acceptance of u certain sward made by commissioners in condemnation proceedings brought for the acquisition of Parcel No. 040, being acquired for the Ulty°s State Route No. 24 ProJect. (For full text of Resolution, see Resolution Book No. 29, page Mr, Stoller moved the adoption of the Resolution. The motion wes seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Stoller, Wheeler and Mayor Dillard .................................6. NAYS: None ....................O. (Mr. Jones absent) PLANNING: The City Planning Commission submitted its.annual report for 1964. Mr. Pollard moved that the report be received and filed. The motion was seconded by Mr. Pond and unanimously adopted. REPORY5 OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: CLAIMS: Mr. Paul C. Romeo appeared before Council and presented the following communication with regard to n claim In the amount of $197.50 for damages to his automobile as a result of colliding with a man-bole cover on Tenth Street, N. W., in the vicinity of GFayson Avenue: *December 13. 1965 Roanoke City Council City of Roanoke Roanoke, Virginia Gentlemen: I am writing this letter for the purpose of explaining the circum- stances that caused extensive damages to a 1959 Chevrolet, 4 door sedan, license number 444-966 Parma** as a result Of colliding with a man-hole cover on a Roanoke City street. I also wish to submit a claim for damages in the amount of $1g~.SO which is the total cost of repairing the vehicle at Davidson*s Gulf Station located at 10th Street and Patterson Ave. The incident in question occurred the night of the 18th of November 1965, at approximately ?:45 P.M., on loth Street HW near the corner of Grayson Ave NW. I, Paul G. Romeo, being the owner of said vehicle was traveling South on loth Street NM and mhlle passiog over the area, containing the man-hole, ! was unexpectedly Jolted by a loud crash beneath the rear of my car. I immediately stopped the car and attempted to investigate what bad happened. It also occurred that two women, Misses Shirley Wilson and Ann Craig, who had.been traveling in a car a short distance behind me, also stopped. They reported, to me, that they had seen the man-hole cover hit the bottom of my car. If necessary, they are willing to sign written affidavits to this effect. We then noticed that the man-hole was uncovered, and that. the cover mas lying on the street. It was quite apparent that the man-hole cover was not properly secured and as the wheels of my car struck the top of the man-hole cover, it had dis- lodged hitting the bottom of my car. I called the City Police Department reporting the incident. Officer Trail mas sent to investigate mhd in turn sam the damaged car and the man-hole cover which had since been replaced over the man-hole. X and Officer also noticed that as cars were passing over the man-hole cover, it mould move considerably. This fact proved that the man-hole cover vas defective, is than'It hod eot been properly secured, rendering It a public nuisance. ] maeaged to drive the ear to the service station, mentioned above, ulth Officer Trill occompeoylog me, Here me encountered Sergeset Geroett mhD obtained information regarding the occident nad the car dcmsge. Since the accident, I have submitted e complete report to the City Attorney, Mr. James Mincanoa, mko ia turn conducted an investigation or ell the roots os submitted by myself, the Police Department, and the Public MorRs Department. Consequently, he has informed me that the City of Roonote is not considered liable for dooeges incurred on this vehicle. Thus, I em submitting this letter uith the hope that City Council will reconsider the findings In this case end aline me Justifiable compensation for the car daoage. Respectfully yours, Permanent address SI Paul C. Romeo 200 Cedar Ave Hallow Grove ?, Pa. Paul C, Romeo 929 Campbell 5H, Roanoke. Va," Hr. Pond moved that Council take the claim under advisement. The motion was seconded by Hr. Pollard and unanimously adopted. IN'fRODDCYION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 16768, rezoning a 1.66-acre tract, a 3.07-acre tract and · 2.60-acre tract of land located on the southeast side of Tenth Street. N. N., between Hlllcrest Avenue and Round fllll Avenue, described as Official Tax Nos. 2070222, 2070223 and 2070239, 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, Hr. Stoller offering the follouing for its second reading and final adoption: (u167G§) AN ORDINANCE to amend and reenact Title AY, Chapter 4, Section 1, of The Code of the ~ity of Roanoke, 1956, in relation to Zoning. {For full text of Ordinance, see Ordinance Hook No. 29, page 12.) Ry. Stoller moved the adoption of the Ordinance. The motion mas seconded by Hr. Nheeler and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Stoller, ~heeler and Mayor Dillard ................................. NAYS: None .................... O. (Mr. Jones absent) ZONING: Council having directed the City Attorney to prepare the proper measure accepting the resignation of Mr. Harold ~. Hill from the City Planning Commission with regret nad recognizing the services rendered by Mr. Hill not only es a member of the City Planning Commission, but other Commissioa~ he presented same; whereupon, Mr. Stoller offered the following Resolution: (#16790) A RESOLUYION regarding MR. HAROLD W. HILL. (For full text of Resolution, see Resolution Hook NO.. 29, page Hr. Stoller moved the adoption of the Resolution. The motion mas seconde~ by Ry. Nheeler and adopted by the following vote: AYES: Messrs. Garland, Pollard, Pond, Stoller, ~heeler and Mayor Dillard ............................. NAYS: None ................... O. (Hr. Jones absent} 497 :498 MOTIONS AND MISCELLA~ROUS BUSINESSt ELECZiONSt ~ro Stoller presented the foliomiag communication with zegnrd to the question of the ese of voting machines in elections held In the City of Roanoke: .#~ecember 13, 1965, Honorable Mayor and Yellow Members. of Roanoke City Coancil, Roanoke, Virginia, Gentlemen: The recent recount of the .votes in the Commissioner of Revenue race demonstrated such probabilities of error in the counting of ballots 'under'the present ~ntiqunted system that the oft- discussed installation of voting machines becomes pertinent once again. A number of citizens have discussed this with me and doubtless with som~ of you. I have pointed out that this mould increase the Cost of elections, but these citizens at least bare stated they are willing for the added cost to be a public charge. Now much will voting machines cost? This is what we ought to knou la time for deciding the matter for possible inclusion in the next budget. The security of such machines against tampering Is another factor uhlch we should consider.' The request for machines in no way constitutes a criticism of our election officials and. election Judges. The long voting day, accumulated fatigue, often crowded and otherwise poor working condttl~ns result in a built-in error factor for which the officials and judges are not responsible. Mbat agency should acquire this information? The electoral board is an immediate possibility. Another is the City Manager. Or a committee of Council could look into the matter. Sincerely, S! Murray A. Stoller. Murray A. Stoller** After a discussion of the matter, Mr. Stoller moved that Mayor Dillard appoint a committee to study the question. The motion was seconded by Mr. Garland and unanimously adopted..- Mayor Dillard appointed Messrs. Murray A. 5toller, Chairman, Robert A. Garland and Benton O. Dillard as members of the committee. STADIUM: Mayor Dillard pointed out that the terms of Messrs. James M. Satterfield, E. Marvin Lemon, Guy L. Furr, Rex T. Mitchell, Jr., and Earl A. Fitzpatrick as members of the Stadium Advisory Committee expire on December 31, 1965, and called for nominations to fill the pending vacancies. Mr. Mheeler placed in nomination the names of James M. Satterfield, E. Marvin Lemon, Guy L. Fart, Rex T. Mitchell, Jr** and Earl A. Fitzpatrick. There being no further nominations, Messrs. James H. Satterfield, E. Mary! Lemo~ Guy L. Fart, Rex T. Mitchell, Jr., and Earl A. Fltapatrick were reelected as members of the Stadium Advisory Committee for terms of two years each beginning January 1, 1966, by the following vote: FOR MESSRS. SATTERFIELD, LEMON, FURR,.MITCHELL AND FITZPATRICK: Messrs. Garland, Pollard, Pond, Stoller, Rheeler and Mayor Dillard ..... 6. (Mr. Jones absent STADIUM: Mayor Dillard pointed out that the term of Mr. John A. Relley, President of the Roanoke Touchdown Club, as a member of the Stadium Advisory Committee rill expire on December '31, 19~5, and called for dominations to fill the pending vacancy. Hr. Mheeler placed it ·ollnutio· the ·lie or reacher T. Turner, Incoming ~esident of the ioeuoke Touchdou· Club. · lexber or the Studiul Advisory Cotlittee for · tern of one 7eof beginning Jtnuery 1, 1966, b! the follouing vote: FOB MR. TURN£R: Heists. Gurlundo Pollard, Pond, Broiler. Hbeeler ·nd Mayor Dillerd ............................. 6. (Mr. Jones absent) ZONING: Mayor Dillard pointed out that the terms of Messrs. John M. Cheppeleur, Jr., F. R. Brill. L. Blxood Norris. Richard R. Suedeglr end Jleel Y. Meal as lelbers of the Board of Zoning Appeals expire on December 31, 1965, end culled fo~ nouinutionl to fill the pending v~cuncies. Mr. Broiler pieced in nomination the mimes of John W. Chappelear, Jr., F. R. BrJll, L. Bluood Norris, Richard B. Snedegar led James ¥. Ne·l. There being no further nolinations, #essrs. John W. Chappeleur, Jr., F. M. Brill. L. Elmood Norris. Richard R. Snedegar end JIxe$.¥. Meal mere reelected · c limbers of the Board of Zoning Appeals for terms Of three years each begin·lng Junuur! 1, 1966. b! the following vote~ FOR MESSRS. CBAPP£LEAR. DRILL, NORRIS. SN~D£GAR AND ]qEAL: Messrs. Garland Pollard, Pond. Broiler. Hheeler nad Mayor Dillard ............ 6. (Hr. Jones absent) AIR POLLUTION: Mayor Oillard pointed out that the terms Of Mr. Robert L. Lynn and Mrs. G. Harold Dove as members of the Advisory end Appeal Board, Air Pollution Cen~rol will expire on December 31, 1965, and called for nominations to fill the pending vacancies. Hr. Broiler placed in nomination the names of Robert L. Lynn and Mrs. G. Harold Dove. There being no further nouinations, Mr. Robert L. Lynn and Mrs. Go Harold Dove mere reelected as limbers of the Advisory and Appeal Board, Air Pollution Control, for terms of four years each begin·lng January 1. 1966. by the following vote: FOR MR. LYNN AND MRS. DOVE: Messrs. Garland, Pollard, Pond. Broiler. Wheeler and Mayor Dillard ............................. 6. (Mr. Jo·es absent) PLANNING: Rayor Dillard poi·ted oat that the term of Mr. John D. Copenhaver ns a member of the Roanoke Valley Regional Planning Commission mill expir on December 31, 1965, and called for nominations to fill the pending vacancy. Mr. Broiler placed in nomination the name of John D. Copenhaver. There being no further nouinntions, HFo John D. Copenhnver mas reelected us a member of the Roanoke Valley Regional Planning Comuission for u term of three years begin·lng J~nuary 1, 196~, b7 the following vote: FOR MB. COPENBAVER: Messrs. Garlond, Pollard. Pond. Stoller, Wheeler and Malor Dillard ................................. 6. (Mr. Jones absent) 499 50O On motion-or Mr. Mheeler. seconded by Rt. Go,lend.end nnsnimoesl7 edopted, the meeting mos edJourned. APPROVED ATTE ~r: ~City Clerk Mayor