Minutes 07/25/1961 - Laserfiche WebLink

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140. July 25th, 1961 61-207 - "I recommend an appropriation of $6;500.00 from the Capital Improvement Fund be placed on first reading. This is for the publication of the new city Code. due~ Under the contract approved by the Ci[y Council last December, there is now the Michie City Publications Company .$2,000.00 for seryices completed to date.." On motion of Mr. Leafy an appropriation of $6,500.00 fQr said purpose was approved on first reading, without dissenting vote. 61-208 - "The firm of Greeley and Nansen, Engineers, have advised us that the plans and specifications for the incinerator will be available by August lsd, 1961. They have requested authority no advertise for bids on or about the first of August so that bids can be received by the first of September. I recommend that I be authorized to advertise for bids and that temporary finan~ cing be used until such time as bonds are issued." Motion of Mr. Walker that the City Manager be authorized to advertise for bids was adopte4, without dissenting vote. 61-209 - "The Southeastern Virginia Regional Planning Commission is requesting the city no support a proposed Origin and Destination Study and Transportation Plan for the Southeastern Virginia Regional A~fea. The plan will include an evaluation of the adequacy of the existing arterial roadway system with regard no structural condition, geometric features, and existing traffic. It will also include recommendations for roadway improvements for 1961, the projected needs for the arterial roadway system to the ~ year 1980 and estimates of cost. The report will be completed in 18 months. The Federal Bureau of Public Roads is financing one half the cost o{ the study. The State Highwa~ Department is financing one quarter of the total cost plus the portion~ of the cost allotted to the Counties of. Princess Anne, Norfolk, and Nansemond. The Cities of Norfolk, South Norfolg, Virginia Beach, Suffolk, and Portsmouth are asked to support the remainder of this study on a populatiqq basis. After the study is completed, the state will present the bill for the'City offPortsmouth's share in the amount of $20,134.00." MotioK of Mr. Weiseman to table temporarily was adopted, without dissenting vote. 61-210 - "I submit the attached report from the City Attorney concerning High's Ice Cream Store referred to him an the last meeting." (Attached) "At the last meeting of City Council, there was referred to this office the pqtition of Mrs. Cornelia Reid and other relative to an alleged vi61ation of the Sunday closing laws. A brief statement of the recent history of the Sunday closing laws is necessary no a proper understanding of our present situation.. In October of 1956, the Supreme Court of Appeals reversed a conviction against the operator of Rich's grocery stores (in what is now Newport News) for~failure of the Commonwealth to prove no the satisfaction of a jury that sale of groceries on Sunday was not necessary. In the light of that case, Commonwealth Attorneys and City Attorneys alike, have been reluctant to attempt enforcemen~ against sale of gro- ceries on Sunday, for the reason that juries will not conuict. Even where convictions have been obtained (Bargain City - U. S. A., in northern Virginia) the fines, imposed have been less than the profit made by a large store, so that operation on Sunday was continued by the large chains, and the smaller snores were frozen out. In an attempt to remedy this matter, the 1960 sesszon of the General Assembly drastically amended the law by adoption of Section 18.1-358. The determinmtion of necessity for sale of certain articles and to increase penalties. This section was immediately subjected no legal attack as to its constitu- tionality and the validity of the.amending process. Until the Supreme Court of Appeals renders its opinion in cases now pending before it, there is considerable doubt as to the status of the State Law. Because of the pending litigation, I have not recommended amendment of City Code Section 17-49 pertaining to Sunday closings. If prosecution of the subject alleged violation were to be Undertaken at this time, it should be under the new state law. Further, in view of the many chain grocery stores now open on Sundays, it does not seem practical to attempt prosecution of a small operation such~as the alleged violator. It is my belief that no action should be undertaken by the City Council, the City Manager, or the police until the Supreme Court of Appeals resolves thdse cases row before it. Of course, we have no control over action which might be taken by private individuals." Motion of Mr. Barnes that the report be received as information was adopted, without dissenting vote. 61-211 "I recommend that I be authorized to readvertise for option to purchas~ city owned property bounded by Prospect Parkway, Alton Parkway, and Emmons Place. The Post' Office Department acquired an option on this property, but they have released the option as they feel the price for the land is excessive." Motion of Mr.Leary that the City i~anager be authorized to readvertise as recommended was adopted, without dissenting vote. UNFINISHED BUSINESS taken up and read: 61-184 - The following ordinance, approved on first reading at last meeting was ?'AN ORDINANCE TO AMEND SECTIONS 30-139.1, 30-140, AND 30-142.3 OF THE CODE OF THE CITY OF PORTSMOUTM, VIRGINIA, 1951, AS AMENDED, TO ESTABLISH CERTAIN PORTIONS OF.MacARTNUR AVENUE, QUEEN STREET AND WESTERN BRANCH ROAD.AS ONE-WAY STREETS. On motion of Mr. Barnes, the ordinaRce was adopted and by the following vote: