December 9, 1963 - City of Charlotte

December 9, 1963 - City of Charlotte

411 Pecember 9, 1963 ~nute Book 43 - Page 411 !A regular meeting- of the City Council of the City of Charlotte, North Carolina was held in the Cou...

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Pecember 9, 1963 ~nute

Book 43 - Page 411


regular meeting- of the City Council of the City of Charlotte, North Carolina was held in the Council Chamber in the City Hall, on Monday-# Pecemher 9, 1963 at 3 o'clock p.m., with Mayor Brookshire presiding, ~nd Councilmen Albea .. Bryant, Dellinger, Jordan~ Smith" Thrower and

Whittington present. ABSENT:


~itting as a Joint Body with the City Council during the Hearing on the

~etition for Cond! tional Approval of Use of property fronting on the inorth side of Hiddenbrook Drive as a Parking Area- for a- t.heatre~ were the Ifollowing members of the Charlotte..Mecklenhurg Planning' Conmission: Mr • ~ibley, Chairman, and Mr. Erwin, Mr. Jones, Mr... Stone, Mr. Toy and Mr. trurner..


Mr ~ Hanks, Mr. Lakey ~ Mr. Suddreth and Mr. Ward.

'* * * *' * .. OCNVCCATION.

The invocation


given by Councilman Claude L. Albea.

MINUTES APPROVED. iUpon motion of Councilman Albea, seconded by Councilman Thrower, and un.. anim.ously carried, the Minutes of the last -Council Meeting on December 2nd :were approved as, suhmitted. !

IRESOLtJrION EXPRESSING SYMPATHY" ON THE DEATH OF JAMES MURREi' ATKINS. , Upon motion of Councilman Smith, secopded by Councilman Jordan, and un" ianimously carried,. the following resolution was unanimously adopted: ,RESOLurION EXPRESSING SYMPAmY ON THE DEATH' OF JAMES MURREY ATKINS.

WHEREAS, it was with profound sorrow that the City Council learned of the pa::tsing on December 2, 1963, of James Murrey Atkins, fonner City Councilman of the City of Charlotte; and

WHEREAS, it may be truly said that his death was hastened by his de .. dication and devotion to the welfare of his fellowmen through tireless activity in civic, edut;ational, charitable and patriotic enterprises; and

WHEREAS, he carried out his duties and responsibdlities in such a manner that his unu3ualtalentswere clearly reflected in construotive and lasting aohievement; NOW, THEREFORE,. BE IT RESOLVED by the City Council of the City of CharlGtte that this Council does- hereby declare its deepest regret at the untimely passing of James Murrey Atkins and does convey its sincere sympathy and co.ndolencesto his family; and BE IT PURTHER RESOLVED that a copy of this resolution be fo:rwarded to his family and that this resolution be spread upon the minutes of this

meeting. ~

'. .


HEARING ON PETITION NO. 63-74 BY TAR HEEL THEATRES, INC. FOR CONDITIONAL IAPPROVAL OF USE OF PROPERTY FRONTING ON THE NORTH SIDE OF illDDENBROOK 'DRIVE AS PARKING AREA FOR THEATRE. The public hearing was held on Petition No. 63-74 by Tar Heel Theatres, 'Inc., for Conditional Approval of Use of property fronting on the north side! of Hiddenbrook Drive, zoned R-9MF, as a parking area for a Theatre, said !hearing having been authorized by the City Council on its own motion on November 18th. The Planning Director advised the property is on Hiddenbrook Drive, a street i running off Canunonwealth Avenue one block removed from Independence Boulevarq and backs up to property that fronts on the Boulevard; on Hiddenbrook Drive, I which is a residential street in general, this particular property has the ' Iside line of a residential lot on one side of it, and the rear line of other 'residential property that fronts on Commonwealth Avenue; along its rear boundary it has vacant land which is subject to business development since , it fronts on Independence Boulevard; directly across Hiddenbrook Drive !from the property, there is a vacant lot, and adj acent lots on Hiddenbrook !are developed residentially. The property is zoned R-9MF and is surrounded on three sides by R-9MF zoning and immediately to the rear the property is zoned for business. Mr. R. E. Goodman, 4025 Hiddenbrook Drive, spoke in protest of '\he proposed change, stating he realizes the plan is to build the Theatre down on 'Independence Boulevard, which is business property; however, the property fronts on Hiddenbrook Drive and is adjacent to his property on whichl:1is 'home is located, and that is the reason for his protest. Mr. Goodman preIsented a Petition signed by himself and four other property owners on IHiddenbrook Drive and one on Commonwealth Avenue, stating the rezoning of 'the property in the 4000 block of Hiddenbrook Drive will have a bad effect i on their property; that the street is fully developed with single unit falIlily dwellings and there are no prospects of the street becoming other than residential as it is not a thoroughfare and has no physical connection wi th Independence Boulevard. That theatre parking is mainly in late after- , 'noon until midnight, with car doors slamming, engines starting and associate4 'obnoxious noises. That the proposed screening will not be beneficial as it will not keep out the noise and will result in beer cans being thrown over 'it into private yards; that their property will be greatly devalued in that it will be extremely difficult to dispose of reSdential property next to this type of parking lot; that the parking lot will produce a nuisance in 'general to the neighborhood.

'Mr. Goodman stated he will be affected more than all others as his residenti~l 'lot adjoins the Parking Lot, as shown on the Map he submitted with the 'Petition, and he feels that this Parking Lot under his bedroom window will 'cause him to suffer $10,000 devaluation on his property; that he does not 'feel the parking lot is necessary, that Mr. Trexler told him how he obtained the property, he more or less fell heir to the lot. ICouncilman Whittingi;on asked Mr. Goodman to take one of his maps and put the' llames of the residents in their proper places on it and give it to the City Clerk, so the Council could get i t from her. Mr. Goodman stated he would 'be glad to do so.

'Mr. Goodman stated further that when this petition was previously heard by ICounci 1 and the Planning Board, both he and Mr. Sharpe appeared and spoke 'in protest ot its adoption. He stated i f the rezoning is allowed for the Parking Lot, he feels he should' 'be awarded damages up to $10,000.00 on his house.

'December 9, 1963 IMinute Book 43 - Page 413

~. C. B. Trexler, representing the petitioners Tar Hell Theatres, Inc. s

stated he would like to say that ownership of Tar Heel Theatres is by residents of Charlotte or by an estate that is involved by an administration here and its beneficiaries are involved in Charlotte, and both he and the others connected with the Company haVE! lived in Charlotte for same time. That he visited with the people on Hiddenbrook Drives including Mr. poodman, and he is in error in stating that Tar Heel Theatres just autamati!¢ally fell heir to this property, that is contrary to the conditions under Iwhich this property was titled to the Theatres. ~t they propose to build a so-called Twin Theatre; it is estimated that 'over 50,000 people live in that general area of Charlotte and it is growing land they feel fram surveys they have taken that the people of this area are [very desirous of having a facility such as is proposed to be built out there. ~ stated they own 3 1{2 acres out there, and are caught up in a situation !wherein to build a Theatre there must be provided under the Charlotte Code 'a parking space for each 4 seats. That the proposed theatre will seat 11,200 people, therefore, they need 300 parking spaces. That there is a Icreek running at the rear of the property and they propose to culvert the creek to obscure it and ingress and egress to the Parking Lot would be fram IIndependence Boulevard. That they have not poposed at any time to go out Iby Hiddenbrook Drive and J;te told Mr. Goodman and the other residents this. He stated they do not want to s:Usturb the tranquillity of the neighborhood lin any way, and they do not think they will do so, a,s theatre parking is Ithe nicest and quietest parking anywhere. Mr. Trexler stated he thinks Mr. f;oodman's remarks about beer cans being thrown from the Parking Lot is out of order at this Hearing, as l'heatres do not sell beer and he does not think ithis will happen at all. He stated there are only 35 parking spaces in the larea involved and the property is depressed and below the level of Hidden~rook Drive at its juncture with the street and would be considerably under ithe level as they propose to develop it. At the present time there is a 'sewer right of way over it and some sewer projections out of the ground which would have to be worked around in order to. make it usable; that this lis really salvage property and must be made into useful property. That ithese 35 parking spaces will mean approximately 140 more theatre seats and ~hey can build a facility of a size and typa they feel Charlotte will need itor the future. Mr. Trexler submitted a drawing of the proposed Theatre 'and of the parking area proposed,

pouncilman Dellinger asked if they cannot build the Theatre if the zoning 'change is not granted? Hr. Trexler replied they cannot build it as con'ceived if the change 1:;; not granted. That if it were not for the requirement as to the number of parking spaces in relation to the number of theatre ~eats, they would be qlad to risk their investment with the parking spaces ~ey could.get on the B-2 zoned property, Councilman Smith asked if he does not think it would be to their advantage ito keep this area chained off except when it is needed for parking. Mr, p:'rexler stated they propose to do that because they do not feel it would pe needed except for a very small percentage of the time, and they would pave some means of direeting the parking to the other areas when it is not needed. That hE;! doubts it would ever be used in the day time and could be utilized as a play-area. Mr. Goodman stated that is what he is arguing "bout, the use of the parking firea at night and on Sunday which will be a nuisance to the residents of Hiddenbrook Drive. That he cannot see that theatres are so important to a pity. they offer employment to only ten or twelve people after the initial ponstruction, a nd every dollar they take in goes tc Hollywood to build scme movie star a big swimming pool and does not stay in Charlotte to help pur economy,




IDecember 9, 1963 IMinute Book 43 - Page 414

IMayor Brookshire advised that the Planning Canunission will now retire .and Sibley, the Chainnan~ has agreed they will meet and consider the i Ipetition and bring back their recommendation while our meeting is in session.!


ILater in the meeting, Mr~ Sibley advised Council that the Planning Conmissio~ lvoted 5 to I reaffirming their previous deciston denying the petitioner's . Irequest. iCouncilman Jordan moved that the petition be approved. 'seconded by Councilman Bryant ..

The motion was

!Councilman Dellinger asked the City Attorney if it comes under the 201.. clause? IMr. Morrisey replied that it does, that Mr. Goodman filed his protest Ipetition and map when he was heard and he owns the adjoining property. iCounoilman \fuittington asked Mr. Goodman to tell the Council how far his :house is from the proposed parking lot area and also approximately what the ielevation of the parking lot would be in relation to the level of his Ihouse facing Hiddenbrook? Mr. Goodman replied that the lot is about 12 feet ifrom his house, there is just the driveway between his house and the lot lin question, and his lot is about 6 feet higher than the parking lot elevati~n. iCouncilman Whittington offered a substitute motion that the request be post-i iponed one week~ The motion was seconded by Councilman Albea. ,Councilman Dellinger stated he does not see any good fram postponing action i that the hearing was set today instead of next week when zoning requests iare usually heard, for the primary purpose of speeding this up, and Mr. ,Whittington agreed to that when the hearing date was set, and he does not !see what would be gained by postponing action. Councilman Whittington stated !that is true, that he voted against the request previously; that he has been i itold by Mr. Trexler that the residents do not object but they are here today i !saying they do object and he would like to get all the facts together before i 'he votes on it, therefore he is requesting postponement for one week, so thai; ihe can do what he thinks is fair and the best job he can on the request. ·The vote was taken on the substitute moti on and carried by the following recorded vote: 'YEAS:


Councilmen Whittington4' Albea, Dellinger, Smith and Thrower. Councilmen Bryant and Jordan~

iRESOLTJrION APPROVING TIm REDEVELOPMENT PLAN AND THE FEASIBILITY OF REILOCATION FOR REDEVELOPMENT sEcrroN NO. 2 PROJECT NO. N.C. R-24, ADOPTED. iThe PUblic hearing was held on Redevelopment Plan for Redevelopnent of iSection No.2, Brooklyn Urban Renewal Area. !No objections were expressed by the public. iCounoilman Dellinger introduced a resolution entitled: "Resolution Approving ithe Redevelopment Plan and the Feasibility of Relocation for Redevelopment !Section No.2, Project No. N.C. R-24u , and following the reading thereof [moved its adoption. The motion was seconded by Councilman Thrower, and 'carried by the following recorded vote:


Councilmen Dellinger, Thrower, Albea, Jordan, Smith and Whittington. Councilman Bryant.

iThe resolution is recorded in full in Resolutions Book 4, beginning at iPage 351.



Pecember 9, 1963 Minute Book 43 - Page 415

ptrANGE ORDER NQ. 1 AUTHQRIZED IN CONTRACT !'lITH REA CONSTRUCrION COMPANY FOR GENERAL CONSTRUCTION OF MCALPINE CREEK W\STE TREATMENT PLANT. jrpon motion of Councilman Whi tting1:on, seconded by Councilman Bryant, and ~animously carried, Change Order No. 1 in contract with Rea Construction pompany for the general construction of the McAlpine Creek !'Iaste Treatment ~lant, covering the substitution of 26 Ball Valves manufactured by jrlilliamette Iron & Steel Company in lieu of similar valves manufactured by f!enry Pratt Company, resulting in a deducation of $1,800.00 in the contract price, was approved. CONTRACTS AUTHORIZED FOR APPRAISALS OF NINE TRACTS OF LAND FOR RIGHI' OF w\Y FOR NORrHWEST EXPRESSlrlAY AND OF PROPERTY IN CONNECTION !'lITH THE RELOCATION OF BRUNSl'IICK AVENUE., ¥otion was made by Councilman Smith, seconded by Councilman Bryant, and unanimously carried, ~pproving contracts for appraisal of nine tracts of land for right of way for the Northwest Expressway and of property of E. C. (;riffith in connection with the relocation of Brunswick Avenue, as follows: (a)

Contract with John M. Gallagher for appraisal of 8 tracts of land on West 11th and Graham Streets, in connection with the Northwest Expressway. Contract with Leo H. Phelan, Jr., for appraisal of 1 tract of land on Barbours Court, in connection with the Northwest Expressway.


Contract with B. Brevard Brookshire for appraisal of proPerty of E. C. Griffith, located on Kings Drive and Brunswick Avenue, in connection with the relocation of Brunswick Avenue.


STREETS TAKEN OVER FOR MAINTENANCE. Vpon motion of Councilman Dellinger, seconded by Councilman Bryant, and unanimously carried, the following streets were taken over for continuous maintenance by the city:




Charcon :llennett Street ~rroughs Street :llurroughs Street Burroughs Street

Burroughs Street Holloway Street Happy Valley Drive Bennett Street

Existing pavement Happy Valley Drive Bennett street End at cul-de-sac

Driftwood Driftwood Drive Driftwood Drive Burner Drive

50' Ii: of Rosenhaven Drive Burner Dri"., Driftwood Drive

Burner Drive 110' N. of McManus Drive End of street

Cusbman St. Suchman Street Farmcrest Drive Existing Pavement at Ironwood Street

End at cul-de-sac End at cul-de-sac End at cul-de-sac

Fanncrest ~idgedale

Drive Fanncrest Drive Elmdale Court Gushman Street

N.11.. to end (continued)





!Hillsborough Acres iBobby Lane Cul-de-sac

Craig Avenue Bobby Lane

End at cul-de-sac 140' west

Lakede 11 Drive

Lakedale Drive

Hampshire Hills Kelsey Drive Beecher Drive !Craftsbury Drive 'Craftsbury Drive 'Craftsbury Drive

NE of Whi tingham 175' SW of Craftsbury Dr. 100' NW of Kelsey Drive Kelsey Drive Beecher Drive

Craftsbury Drive Craftsbury Drive SW to Kelsey Drive SW to Beecher Drive SW to 350' of Beecher Dr.

'Shamrock Terrace iHerrin Avenue iHerrin Avenue ! Herrin Avenue Herrin Avenue ! Downs Avenue East 35th Street Erskine Drive

Shamrock Drive Downs Avenue E. 35th Street Erskine Drive Herrin Avenue Herrin Avenue Herrin Avenue

Downs Avenue 35th Street Erskine Drive End at present paving. End at present pavin<]. End at present paving. SE to end.

Ashbrook Place Jersey Lane Paddock Circle Heather Lane Paddock Circle Heather Lane Jersey Lane

Jersey Lane Paddock Circle End of street at property line Paddock Circle End of street at property line Jersey Lane Ashbrook Lane

!Shannon Lake View Adams Drive

Ashbrook Heather Lane i Heather Lane !Heather Lane ! Jersey Lane ! Jersey Lane ! Paddock Circle i Paddock: Circle

! CONSTRUCTION OF SANITARY SEWER AUTHORIZED IN ltlESTDALE DRIVE. ! Councilman Smith moved approval of the construction of 620 feet of 8-inch sanitary sewer and 453-feet of a-inch sewer trunk in Westdale Drive, inside ! the city limits, at the request of Nance-Trotter Realty, Inc., at an estimat\ld i cost of $3,695.00. All cost to be borne by the Applicant, whose deposit ' of the entire amount of the cost will be refunded as per tenns of the ! contract. The motion was seconded by Counci lman Dell in<]er , and unanimously i carried.



i Motion was made by Councilman Smith, seconded by Councilman ltlhittington, and unanimously carried, authorizing the leasing of the following buildings at Douglas Municipal Airport: (a)

Lease of Building No. 80, containing 3,996 square feet, to Van Dusen Aircraft Supplies, Inc. for a period of one year from November 1, 1963, at a monthly rental of $78,50.


Lease of Building No. 296, containing 9,120 square feet together with an adjacent parcel of land 65' x 120' to Holman & Moody. Inc, for a period of one year from November 15, 1963, at a yearly rental of $3,300.00.

December 9, 1963 Minute Book 43 - Page 417

CONTRACTS AUTHORIZED F'Ol( INSTALLA'J:IGN QF l'JA...'T'Ej( MAINS" Upon motion of COU!Lcilman Jordan, seconded by Councilman Thrower, and un.... animously carried{ contracts for the installation of water mains were authorized as follows: (a)

Contract with Nance-Trotter Realty., ~nc~ I for the installation of 860 feet of main and one hydrant in Westdale Subdivision, inside the city limits, at an estimated qost of $1~900.00. The City to finance all costs and applicant to guarantee an annual gross water revenue equal to lO~ of the total construction cost.


Contract. with Charlotte & Derl .. Inc~ for the installation 'iIlf 850-ft. of mains and one hydrant in Old steel Creek Road, inside the city limits~ at an estimated cost of $3,750.00. The total construction cost to be borne by the Applicant, the said mains to become the properly of the City of Charlotte if and when they produce a revenue equa,l to 5'10 of the cost during any 12 months continuous period, and the City will reimburse the Applicant the first cost of the project, without interest~


Supple~ntal ContraQt

to contract dated January 28, 1963, with Ervin Construction Company, for the installation of4~510 feet of main and 4 hydrants in Starmount Subdivision No. 9~ outside the oity linlits¥ at an estimated cost of $15.,600. 00 ~ All costs to be borne by the Applicant" who will dedicate the mains b;> the Ci.ty of Charlotte without cost or further agreement upon the acceptance of the work by the City",


Councilman Bryant moved that Ervin Construction Company be penni tted to connect private sanitary sewer lines to the City.!!s Sanitary Sewerage System in Thorncliff Roads in Stannount NO.9, outside the city limits, to serve 88 residential lots ina 36 acre area. The motion was seconded by Councilman Smi th, and unanimously carried. APPOINTMENT OF CHARLES J ~ HENDERSON TO AIR POLLUTION CONTROL ADVISORY AND APPEAL BOARD"

Councilman WhitTington withdre"l the name of Mr. John A.. McRae ... Jr q whom he had nominated fo~ appointment to the Air Pollution Control Advisory and Appeal ~ard.. because he is serving on another City Board. CouncilmGln Thrower nomin~ted Mr. Charles J. Henders9n and moved his appointment to thii! Board~ The motion was seconded by Counci lman Albea t and unanimously c,arried. TRANSFER OF CEMETERY LOTS.

Upon, motion of Councilman Jordan., seconded by Councilman Albea, and unanimously carried, the Mayor an.d City Clerk were authorized to execute deeds for the transfer of the following cemetery lots: (a)

Deed wlth Hrs J. Murrey Atkins for Lot 37, Section A-Annex f Elmwood Cemetery, transferred by the owners 11r B. L. Blackwell and Fannie Black.weJ-i.. at $3. 00 for transfer deed. "7



pecember 9, 1963 Minute Book 43 - Page 418


Deed with E. M. Gibbs and wife, Doshia S. Gibbs, for Graves 6 and 7, in Oaklawn Cemetery, transferred by the owners John L. Freeman and wife, Mary C. Freeman, at $3.00 for transfer deed.

'( c)

Deed with Mrs A. Jean vloehrle Holliday,. for Graves 3 and 4, Lot 158, Section 2, Evergreen Cemetery, at $90.00.



PAY. councilman Dellinger introduced the follmrlng resolution, and following the reading thereof moved its adoption, which was seconded by Councilman 'j['hrcwer, and unanimously carried: RESOLUTION RELATIVE TO CITY EMPLOYEE RECOGNITION DAY.

vIHEREAS, more than 2,100 skilled, professional and experienced workers are engaged in providing varied services to the citizens of Charlotte; and vJF!EREAS, these city employees labor long and faithfully in the perfonnance of their duties necessary to the comfort, convenience and wellbeing of the residents of the city; and

VJHEREAS, the City Council is anxious to recognize the import of these faithful services; and IVHEREAS, the City Council further wishes to acknowledge with appropriate ceremony~ the loyalty, diligence and faithfulness of these city employees who have serve the public continuouslY for five or more years. NOVI, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlotte, North Carolina, that Thursday, December 12, 1963, is hereby designated as

CITY EHPLOYEE RECOGNITION DAY which will be observed with proper ceremony to publicly express thanks for loyal and faithful service. ctONTRACT AVII\RDED GENERAL ELECTRIC SUPPLY COMPANY FOR 50 ONE-WAY TRAFFIC SIGNALS. 'o/pon motion of Councilman Jordan, seoonded by Councilman Albea, and unanimous~y 4arried, contract was awarded General Electric SuPPly Company, the low . ~idder, for 50 One-way Three-Section Traffic Signals, as specified, at their ~id price of $2,600.75. ~e

following bids were received:

General Electric Supply Co. Mill-Power Supply Company I Marbe l i te CoIllPdIlY, Inc. Graybar Electric Co., Inc. vlestinghouse Electric Supply

$ 2,600.75 2,613.11 2,625.47 2,634.23 2,710.45


!December 9, 1963 ~nute Book 43 - Page 419


iThe Council was advised that the following bids kad peen reaeive4 for a (Soundscribe}:' Monitor and Recording Equipment for use by the Fire Department: !Bids meetinqthe specths§,tions for sound tam eemipment iCooper D Cass & Company !Dictaphone Corporation 4

$ 2,083.18 3,09°1°0

IBids .not meeting the specification~


IDictating Machine Edison Corporation . (disc type recording) !Dictaphone Corportion (belt type recording)

$ 1,670485 2,0:049.70

iThe City Manager, Chief of the Fire Department: and Purchasing Agent recommended the award of contract to the low bidder meeting the specifications,/ iCooper D. Gass & Company ~ offering sau,nd tape equipment, at a price of ,i $2.083,.18 ... i


IMr. Arnold McBrayer, representing Thomas

A. Edison Industries, stated the :recommendation has been made that the sO\llldscriber equipment be purchased Ifrom Cooper D. Cass & CcmPanY because i t meets the specifications! and he • •would like to point out that the equipnentnow in US~ in the Fire Departm.ent ' 'was manufactured by his c<:mparlY3 Thomas A.. Edison Industries, and has been iin use by the Fire Department for seven years. The only reason given for ireeomrne:p.ding the sound.scriber equipment was it records on tape instead of a !belt.. That their feeling is although the only objections they have had from i ! the Fire Department is tnat their recording medium co~t too much.. Council . iwill see from the figures he just gave them r this is hue, the recording lmedium for the requested equipment cost only $256.60 for a 6 y~ar period~ Iwhich is the normal life of the equipment, and their recording medium would leost $576.00;however8 in looking at the total cost of the operation of this ·equipment along with the acquisition cost at this time is a differen!=le of some $641.00 •... That the contiIluous message recorder he i~ qffering.,one each '. i for telephone recording and fo~ radio recording" cOl\sists of two transistorized 'recording devices and only one of these devices run, the other is at re~t! i and should either of these devices fail the other can still be used", The· 'reques"l:ed equitment 0'l.>I1.sists of only one :recgrder d~vice for telephone ~nd : for radio and should this device fail eith~r .on telephone or radio, no I recording can be done until it is repaired~ In order to play back on the ,requested equipment£ the system must be taken from recording s~rvice and in I this event should a 1:e lephone call come into the oswitQhhoard and they were ! playing back the telephone rEi!cordinq I t.hey would be out of the recording i busin4ass during i;he time the phone calls came in, an4 all telephone aall~ i must always be recorded.. With their continuous recorder one device can be i used for play-back while the other is being used fol!' recording purposes~. , Since Edison has four recording d,eviqes, two for telephone and two fqr radio l i "\:hf;!ir equipnent .rill run only half as much as the requested equipment; and , i the possibility of having no recordings made because of b~e~down is v1;r;±\l411y i eliminated. Ov~r the past 7 years~ the equipnent in the Fire; Department ~ars : this out~ In view of this fa.ct and the fact that they a:{e low bidders by '$423.00 on. 'the equipnent required.r and will Save the City an addition~l $227.,17 I in the next 6 years, they respectively request that they be awarded the contract. i


i i

COlUlcilman Dellinger asked the City Manager if this is additional equipment . or replacement l;quipment for the Fire Department? Mr. Veeder repli.ed this





C:;~'~!~~·.~~'':'I~:;..o,;..,~~~,~~~,:c;~.::~:.:~ ,..:.;:;!~r..!".::;,


",-, ..



'.~:..: ~~~~'~",~ ~~;"~;:.:L.o.~:..LJ.;.,••



i !

December 9 ~ 1963 M;inu.te Book 43 - Page 420

replacement equipnent of the whole system.. He asked that Mr. Beattyol' Pp.rchasing Aqent~ explain this and he would then like tQ offer same comments. Councilman Smith asked how Mr.. McBrayer arrived at the maintenance figures?

M;r" McBrayer stated they were taken from their catalog of equipment.. That this is the government ca.tlalog. Cbuncilman Whittington asked if the Edison equipment is presently in the Flire Department and the Chief of the Fire Department and the Purchasing A~ent recommend that we make a change in equipment by purchasing the soundsbriber?


McBrayer stated to Mr,.

\Vhi ttington

that in the recommendati on they say

~e Edison equipment does not meet the specifications because their recording

iis dene on a disc instead of magnetic tape. That both types of recording equipnent is good" and so is the plastic belt type which is used here in the qouncil Chamber to record your Minutes. ~t the objection they got from the Fire Depa.rt.nlent was that their recording medium cost too much and they *11 ooncede this# but this is not the whole picture and that is why he passed arolmd the information to each melIlber of the Council. He stated further that the recording tape Cooper D. Cass Company proposed to use comes ijIl a roll 300 feet long and is designed to record over a 24 hour period.. By interrupting the recording nature of this, altho the specifications call for . a,n un-interrupted disc" they do not propose to do this but since the recording: ~ime involved in each of these recording applioations is only about 1 hour day, they propose to interrup the flow of it and record 24 days on a 24 ~our tape 6 that is just one hour per day. Should they desire to search back tjhrough anyone of these 24 days of recording., they must take the device out gf service and if they want to resume recording they llUlst put it back on the machine and search to the end of the last recording in order to play' it l:jac..1c, which could be as as 45 minutes to an hour.





Beatty, Purchasing Agent, stated they have gone into this matter with

~he Fixe Department pretty thoroughly and it is true they are using a

d;ifferent 'type recording equipment but industry has presented us with the tjape type which they like better and it has a good. many advantagee over the sc and over the belt, which we are using here in the Council Chamber where i Ylou have a short period of recording.. and they think the tape will do a better! j:ob for a good many reasons, first, the disc is only for 30 minutes, i thas . ~o be taken out and turned over and you file it in a (3eparate place; with a , tiape you have ~4 hours for filing at one time and there is no possible way to : disfigure a tape and a disc oan be disfigured and it is impo.rtant to have a ' oomplete, accurate record at times of investigation. In talking with the i qhief ~ he has gone into it very carefully with the three companies that bid; I ~i ther of the three will do the job but they think the tape will do this i IjarticUlar job better and will be cheaper, contrary to what the representativel ~ays, and they are therefore reconnnendinq the soundscriber with the 24 hour tjape.


qouncilman Dellinger asked Mr. Beatty i f he would subscribe to the maintenancei Cost as set o\t in Mr. McBrayer's statement# as it is pretty expensive for a ' piece of eq\tipment if this is right? It runs over 56'10" and Mr. McBrayer s,ays it will be $1~220~OO against h.i.s $888.00. Mr. Beatty stated they are calculating to 'Use 27 tapes l which would carry them for 10 years and they :fjigure they will save 50'70 of the cost of the records and tapes over the r,ecords we 4ctually did spend in the last 6 to 7 years. Their equipment is s,cheduled to last 6 to 7 years and is now practically worn out and that is , why we must have a replacement. Councilman Jordan stated that Mr. McBrayer's i fjigures show that the requested tape is $256.00 and the Edison $576.00, he ~sked if that is the eost of the tapes etc? Mr. Beatty stated that is about correct~ Councilman Whit.tingtcn a~ M:r.. Be.a.tty to -oommeni: on Mr. Brayer's

D~cember 9, 1963 Minute Book 43 - Page 421

statement that should the recormnended equipnent fail there would be no recPrding done until it is repaired, also his statement that in order to play tj:te tape back, you would have to take the system from the recording service? Beatty stated they plan to buy two units, one will be in service at all t'~mes, the other would be a standby unit and secondly, they prefer to have al tape that cannot be tampered wi tho They will be gad to take it and have i~ changed by someone, but this situation of having a machine that can be changed or can cancel out on its own, is not a safety factor for the City. That Cooper Cass Company will be glad to do this service for us and has offered to do so for the life of the unit. Mr. Veeder stated the tapes are r~usable as long as the record on them is erased, and it is impossible for a~yone with the City to erase the equipnent they are requesting and we will npt have the equipnent to do so, which makes the tape tamper proof. It oan o~ly be erased by a special machine by the supplier and they will do so for u~ when we no longer need the tapes for record purposes, and send them back tp us to be used over again. All three of the bidders manufacture good efJuipment but i t just so happens that this particular application, in our opinion, is more satisfactory with the tape system and it just so happens that the soundscr1ber has submitted the best bid with the tape system.


Cpuncilman Dellinger called attention that- the bid is for one soundscribe.r, $d he asked i f it is intended to purchase another one? Mr. Beatty advised tiis bid includes two units, at $990.00 each, which makes the total of the bid submitted to Council. Mayor Brookshire called attention that his explanation of the bids in the Agenda does not show this clearly. Councilman Djallinger said that puts a different light on it to him, and he thinks where i]l: takes two pieces of equipnent to do the job of one it is always more cpstly in upkeep and i t would seem better to him to have one piece of equipnent. Cpuncilman Whittington stated i t is not clear to him, andwtile he respects

Mr. Beatty's and Chief Black's recOllllUendation, he would like to move that aption be postponed for one week and ask Chief Black to be in attendance next to explain thea::jUipment, why we are buying two pieces


Veeder stated he will provide a written report to Council so they can be thinking about it and evaluating their cormnents as they look at the written ~port by M:r. McBrayer.

Cpuncilman Smith asked i f Edison Corporation is not providing two pieces of efjuipnent also, which in the end would be four pieces of equiPDent? Mr. MpBrayer replied that he believes ViI. Beatty has been amfused, as he made tj:te statement that one of these pieces of equipnent is to be used for the aptual recording of the material and the other would be for standby; however, this is not the case. There are two recording applications in the Fire D~partment and in every case when a telephone call of a fire is made into tj:te Department there must be a recording made of it, this is a requirement. OfIe of the two pieces of equipment that has been requested will be attached tp the telephone switchboard and the other piece will be for recording on the r~dio, so with the soundscriber system you do not have a standby piece of efluipment; if either of these pieces fail then you are out of business until it; is repaired. Cooper D. Cass Campan)' customarily does their repairs wi thin al two hour peried, but during the two hours you are without recording and the F9C does not pezmit this. Now the Edison equipment that we provide, we areg~ving you..four pieces of equipment instead of just two. That i t works very m\1ch the same way as the equipment used here in the Council Chamber. He stated: the performance ~ their equipnent in the Fire Department over the past severai y~ars justifies their getting this contract; the only difference is in the pfice and they concede their recording medium will cost more but in the long


Pecember 9, 1963 11inute Book 43 - Page 422

run it will cost the city less by some $641.00, and they think this is a Substantial saving on a contract bid of this size.

l;1r. Veeder asked Mr. McBrayer why his Company does not manufacture a tape ~ystem, and is the fact that his Company has a disc 30 minutes on a side the reason they have two units rather than the fact that they have two units ~or standby purposes? Mr. McBrayer replied that is oorreot. That the reason! they use two pieces of equipment is they only run half of the equipnent at I ~ time thus prolonging its life. !

l;1r. Gerald V. Ross, Manager of Cooper D. Cass Company, stated they have been ~istributors of transoriber equipnent in North Carolina since 1947 and have ~ade

many installations with satisfaotory results. He introduced Mr. J. E.
peoember 9, 196~ rtIinute Book 43 - Page 423

ifii:y Att"rney fj'r a ruling ?n the meani1J.'!f
substitute motion was made by Couno.i1IJl\;n Dellinger that all bids be $rid they be readvertised. He stated his thought if> that new bids WOllld be requested 011, both type of equitment, as we have had no ill experienoe with the equipment we have,. The motion did not reoeive a seoond.

Mr. McBrayer stated in view of the fClot the City hal' had this good experience for the past seven years. he iii! at a loss t9 understand l~hy anyone oould *ay their equipment would not be an approved equaL That the sp",cifioations ~s writt",n sp",c;lfied Soundsoriber equitm",nt by name, and h", is sur'" that it ~s not th'" int",nt of the Counoil or Mr. Beatty to so write speoifioations that can be met by only on", company. That th", specifioations spelled it ~ut as Soundsoriber Mod",l P -124 Monitor for r",cording t",l",phon'" messag"'s as per sp",cifications or approved ",qual; that theirs do",s not use a magn",tic tape but it d",finit"'ly is an approved ",qual. Councilman D",llingerstated from a legal standpoint h", does not think Mr. McBrayElr is right.

¢ouncilrnut this on a 24 hour basis, with half-hour changes and he thinks what Mr. 'J'eeder and the Fir", Department is trying to do i,s turn this equipnent on ~d f9rget about ii; for 24 hours; otherwise, every half hour they have to Ji>llll off the diflc and file it and k",ep it, and th.i1i takes man hou:cs. So i:hey flpec.ifi"'d Soundscriber or a tape m&chine. Mr. Veeder 1itated in a nut $hell, they cannot CIrque with this gentleman at all as Ut'" equipm",nt the ~ire I1epartment has used for the past s",vern years has be",n satisfactory. ~n.. point th",y ar", trying to mak", is that th",ir coll",ctiv", judgm",nt is this e~~ipment w'" hav", asked for bids on is,superior for our uSClg",. Qounci1m&n D",lling",r call",d the City Manager's attention to th", remarks of Cunningham that his ",quipment might break down and W'" must b",p our old Edison equipment to allgm"'nt what he sells, and in that case we should buy thr",e units, as we Clr", buying a pig in a poke in this mann",r.


1). substitute motion wa\1 made by CquncilmaA Smith thqt we l?uy th", equipment recommended by the City Manag",r, Chi",f of th", Fire D",partment and Purcha1iing l}gent qt $2.083.ll? Th", motion was second",d by Counoi1m&n Bryant, and by thE;l following r,,,,corded vot",:

Councilm",n Smith, Bryant and Albea. Counci.lmen D",lling",r, Jordan, Thrower and Whittington. ThE;l vote was taken on. th", m&in motion t9 postpone Clction for one w",ek, and qClrri",d py the fQllowing record",d Y9t",:


ttl\s. . NAYS:

Councilmen \Vhi ttingt,m, Jordan, Bryant, Dellinger and Thrower. Counc;iclmen A~a and Smith.

~. Ross, HanClg",r of Cooper D.• Cass Company, ask~ what will

1:>'" vot",d on at !fext we",k's meeting in this oonnection? Hayor Broqkshire lltClt",d the vot", 'Ifill b'" on any motion that is mad", by any member of th", Counci 1. qouncl,lman Bryant stated h", assum",s that the postponement means thClt ,re will q",t further information from th", Ci i:y Hanag",r r",gClrding his appraisal and 1j:hat of th", Fire Chief and of Mr. Beatty, Clnd any additional r",commendations, <\nd a1i fa,;t' as h",is concerned, u,n],,,,ii's it comes in differ",ntly or a motion by qouncil, is differ",nt, we still hav", th", bid to act on n",xt W"'ek as such.




December 9, 1963 ~nute Book 43 - Page 424


Councilman Thrower moved that storm drainage be constructed in the 800 block i of Snowball Street, as recommended, and $4~500.00 be transferred from the Gontingency Account for this purpose. The motion was seconded by Councilman ~ryant .. Counoilman Whittington asked the City Manager as to the alignment of the di toh after it has been piped? Mr. Veeder advised that the pipe will be in~talled for the complete length of the street in the right of way. Gouncilman 8mi th stated it would l;leem to be very desirable to do this work but it would seem to him that we are approaching it on the inability of the i People because of their economical eircumstances to pay for the work, and these q.ecisions are not made on that basis, but rather on a policy basis than how ~uch a man can afford, and these people on the street have not petitioned ~or the work, nor even signed a petition; however, he thinks the work is r/.eeded and is in favor of it hut for personal reasons he does not think: he ¢an vote for it. Councilman Dellinger stated while p~ feels all of these areas should have attention and he only wishes the City were able to fix them, but he does not ~hink the Council should allay any individual liable, but we have had some trouble down here about these things and he does not think he can support it. Gouncilman Bryant stated this is the place where City Government can make a place in prospective blight areas and the manner in which it should be done ... We are spending untold sums across 4th Street to take care of blighted areas ~fter it has already been done., and he has maintained all along that i f we at some expense to the City helped these people in a manner in which we can do it, strictly within the municipal framework that we can eliminate the Possibility of same of these hlighted areas, suCh as piping in such ditohes ~s this, putting in streets where we can, street lights, and helping with $ewer and water mains. To him this is a legitimate function of the city government where it is obvious it cannot be done otheIWise, and he feels ~e this work could not be done otherwise ... :


Qouncilman Dellinger stated another point is we removed some houses for some i people who claimed they were not in position to do so from. an economic stand-I Point and charged it to the property owners; now here you say these people . citra unable to do this and we will do it for them.. That he thinks there ~re a number of questions on tbi s matter that should be clarified. Gouncilman Thrower stated if these people had oome and asked the City to rhake the improvement perhaps he would not have made the motion to do SOi ljlowever, he feels this is an improvement for the bettennent of Charlotte I *ot for the upgrading of this partitmlar property, therefore he made the ~otion on that basis. That he does not think i t would be quite fair to the 9ther residents of Charlotte if we appropriate this money at these people's request, but since it came from our administrative staff and everyone involved says i t will :be for the best of all involved... he so moved. Councilman Bryant stated that six out of the twelve residents are occupant owners but can you hold the others responsible for the other six who own their homes but cannot afford to pay for the work. Councilman Whi. ttington stated he can appreciate what Mr. Sm.ith and Mr. lpellinger said, but this eli tch starts at 14th Street and North Tryon Street and runs through other IEople's property and somewhere between Snowball ~trEEt and 14th and N.. Tryon Street it is piped in, and he cannot see any great

December 9~ 1963 }finute Book 43 - ~age 425

difference between the fl~e plaine al~~~ Sug~ and Bri~r Creek; that ~ have i:!he same problem plus the faqt that we have a, lot of sewerage drainage into the ditch in front of these people's property, in fact 8 to 10 feet from front doors~ For that reason we would be improving property by helping the tesidents in tMs neighborhood.. Councilman Smith called attention that we turned down some people oft of l1cAlway Road with a similar request on Anthony Circle that Was in front of t.heir houses and they were supposed to pipe it off and it is still trere 'to'}ith snakes in it. Councilman Whittington recalled that at the same time the City constructed a sewer line out there in order to help those people.

Mr. Morrisey, City Attorney., stated it is his view of this situation that this would be a lawful expense by the Council for which no member would be Personally liable r because the expenditure must he made in tenus of the qityls responsibility for that street l without reference to any benefit that ~ay be derived incidentallY by the abutting property; that he does not reqall seeing a more dangerous condition existing on a public street than he has seen out there~ Gouncilrnan 8mi th stated that since Mr a Morrisey put it so strongly h~ i.G going to go along favoring the workv ~e

vote was taken


the motion., and


by the following recorded


Councilmen Thrower, Bryant, A1bea~ Jordan, Smith and Whittington. Councilman Dellinger.







was made by Councilman Albea.. seconded by Councilman Bryant g ~nd "unanimously carried~ authorizing the ac~~i~ition~ the following riqhts~9f~ay:

Ca) Acquisi tion of tract of land 10' wide and 261.18¥ long in Markland Drive from Catherine GO' Dungv?lnt Tatum an<;i Charles H. 'l'atum~ at ~91.7?, as right of way for sani tary se~r line in Ponderosa SuhQi vision. ~b)

Acquisit10n of S,253 eq. ft. 0f land {house and lot} in North Staphens Street.. from Mrs Andree P,. Montet., at $3" 750.00, as right of way for the Northwest Expressway~


Acquisition of 3,535 sq. ft .. of land (house and Lot) in West 1,2-1-..h St:reE!t from Sara Fine J at $6.,S'OOO·~OO as right of way for the Northwest

=='=', ","",',


, Wecember 9, 1963 ¥inute Book 43 - Page 426

JREDEVELOPMENr COMMISSION REQUESTED TO PRESENT RESOLUTION FOR COUNCIL q:ONSIDERATION ON THE FOURTH PHASE OF THE BROOKLYN JREDEVELOPMENr PIAN, AT NEXT WEEK'S MEETING. ¢ouncillllan Smith moved that the Council request the Redevelopnent Carmnission to prepare and present at next week's Council meeting a resolution for ¢:Quncil consideration of Phase No, 4 of the Brooklyn Redevelopment Plan, The motion was seconded by Councilman Albea, and carried by the following ~ecorded vote;


Councilmen Smith, Albea, Dellinger, Jordan, Thrower and Whittington. Councilman Bryant.


$liMITARY SEWER LINE. 1Jpon motion of Councilman Albea, seconded by Councilman Thrower, and un!mimously carried, settlement in the amount of $549.01 was authorized with ~. Wilson Lewith for right of way for Wendover Woods Sanitary Sewer line. )(EQUEST THAT PARKING BAN ON KENILWORTH STREET BE TEMPORARILY LIFTED.


T. P. Willard, B09 Kenilworth Avenue, between Harding Place and Green-

~ood Cliff, stated they have resided at this location for twenty years and

):lave a joint driveway with their neighbors between their houses, which they ):lave mutually enjoyed. New with the Widening of Kenilworth Avenue they Pnderstand 15,000 cars per day are expected to travel the street, and there ~s no parking on the street at any time. That last Saturday she counted pars and from 2; 20 to 2 :40 there were 36 cars going north and 53 going south; I trom 3 :55 to 4:05 there were 23 cars going each way; from 5 p.m. to 5:10 ther!' jwere 19 going north and 13 south; from 6:05 to 6:20 there were 21 going northj ~nd 32 south; and again that night there were 17 going north and 12 south during a 15 minute period - that in 70 minutes total that she counted cars i'there was a total of 266 cars, or 38 cars in a 20 minute period, or 228 cars ~r hour. She stated she recognizes the street is not officially opened !but the cars are using it. That their family is coming home for Christmas, ishe knows it is a personal thing, but they are young people and she is ~ondering i f they have to have no parking at any time on the street right inow? ~. Veeder advised he will cert'ainly take a close look at the situation and 'someone from the Traffic Engineering Department will be in touch with her [within the next day or so and he will be happy to do whatever can be worked 'out.

iCouncilman Smith stated this emphasizes another point, when you start talking j 'about this as just another urban street, but taking parking off makes it ' lawfully tough on the people living on the street. jMayor Brookshire asked the City Manager when the street will be officially 'opened? Mr. Veeder stated he does not know, but the volume will certainly 'increase" iADJOURNMENT•

Upon motion of Councilman Whittington, seconded by Councilman Bryant, and lunanimously carried, the meeting was adjourned. ~ ./".,





Lillian R. HoffmanPCity Clerk